Misconduct - advocate
Shantanu Wavhal
(Querist) 23 February 2012
This query is : Resolved
Today (22/02/2012) was 3rd hearing of my marriage petition @ District court.
Respondent wife did not appear in person.
(Summons served before 42 days)
1 advocate filed Vakalatnama on her behalf & filed application for granting more time to file WS.
(application allowed - next date given for filing WS = 21 / 03 / 2012)
I had already discussed my case in detail with this advocate.
What action can be taken against this advocate ?
Will it be harmful to my case if i file an application in court against this advocate ?
prabhakar singh
(Expert) 23 February 2012
Did you engage this lawyer for your case or just gossiped your case with him as many people are seen in habit of doing so ??????
In the later case there is no misconduct at all.
Guest
(Expert) 23 February 2012
You are discussing more about your respondent wife's advocate rather than your own advocate and the date of hearing 21.03.2012 has yet to come. How the respondent wife's advocate is concerned with misconduct with you, even if you have discussed case with the opponent's advocate?
V R SHROFF
(Expert) 23 February 2012
Vijay, You mean to say, you engaged this Advocate previously, talked to him your case,
and now that he filed VP now on her behalf??
Then the Ans is :YES
Otherwise, if you did not disclosed your story, and he filed VP, and thereafter you talked to him on your own,
then the Ans is :NO.
Pl do not leave us to guess your Vital details.
WS can be filed within 90 days of receiving Summon. so no delay.
Raj Kumar Makkad
(Expert) 23 February 2012
Advocates are not slaves. You had only talked with a particular lawyer but had not engaged so he is free to appear on behalf of other party as you have already engaged some other lawyer despite of having talked with lawyer of respondent.
There is no iota of misconduct.
Shantanu Wavhal
(Querist) 23 February 2012
I went to this adv. for consultation.
We discussed my case.
His answers were inappropriate & not as per law.
Then I appointed another lawyer.
Then my wife appointed this Adv.
Guest
(Expert) 23 February 2012
Dear Vijay,
You have still not answered whether you hired the said advocate or merely consulted him or discussed your case with him?
Still further you need to intimate whether the said advocate, if hired, represented your case at any time or not in the court of law on the basis of duly signed vakalatnama?
Shantanu Wavhal
(Querist) 23 February 2012
We just discussed my case. (total approx 1 hr personal meeting + 7-8 phone calls - 3/4 days)
His answers were inappropriate & not as per law.
I did not give him vakalatnama.
He never represented me.
SO I HIRED ANOTHER LAWYER.
Guest
(Expert) 23 February 2012
Dear Vijay,
According to the information through your latest post, the advocate, whom you consulted or discussed your case without hiring his services, is not accountable to you for his good conduct or misconduct.
No doubt you would have given him some clues against yourself during your discussion. Naturally, your respondent wife would have been tempted to hire him when you did not hire him. Had you hired him and he would have rendered some service to your wife only then he would have been liable for his misconduct towards you.
But, why should you be worried, even if you would have given some negative points against yourself, when you feel that his solution was inappropriate & not as per law, as in that case he may not probably be able to take adequate advantage on those points if you hire some learned advocate on the subject matter.
Shonee Kapoor
(Expert) 23 February 2012
It is against professional ethics.
When you have disclosed your case brief to an advocate, he can use some information against you.
Read:
14. An advocate shall, at the commencement of his engagement and during the continuance thereof, make all such full and frank disclosures to his client relating to his connection with the parties and any interest in or about the controversy as are likely to affect
his client’s judgment in either engaging him or continuing the engagement.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
