Conflict of interest
Rahul Metha
(Querist) 26 November 2012
This query is : Resolved
Drear Sir/Madam,
I have filed a private case against my wife and others, my lawyer didnt follow up the case and its pending. In the meawhile after 9 months DV case filed through a lawyer who is associated with my past lawyer.
In one of the hearing my past lawyer himself approach my current lawyer for asking whether he is from the respondents side. When my lawyer asked whether he is going to argue from the applicant side for the interim application he said yes and in no time he denid and said some other lady will argue. None of them argued till date.
Can I file application for conflict of interest. Most of the time my past lawyer juniors are with my wife at the time of dates.
please advise on the same and also guide if there is any other remedy for this. At present i am not in a position to file complaint against lawyer.
regards
ajay sethi
(Expert) 26 November 2012
well its unfortunate that your past lawyer was not taking active interest in the matter .
however please note that DV cases take 3 years generally to be disposed of .
you have removed your lawyer and engaged a new one . please note that there is no harm in your present lawyer talking to your old lawyer . for courtesy sake he must have wished your old lawyer when he met him .
there is no animosty among lawyers although we may be appearing on opposite sides and after a case we can even have tea together . it dosent mean that your lawyer will not fight your case to best of his ability .
dont file any application for conflict of interest
Rahul Metha
(Querist) 26 November 2012
sir,
my past lawyer is still my lawyer for pvt case as per vakalatnama. that day he had approached my lawyer on behalf of my wife. there is no doubt that my past lawyer has joined hands with my wife. i want to file conflict of interest on the ground that my past lawyer is handling case of my wife which is legally not right. on paper he is still my lawyer. please guide because this is not right. i have seen my wife taking to my past lawyer on every date. she does not have any other case than this.
Rahul Metha
(Querist) 26 November 2012
sir,
my past lawyer is still my lawyer for pvt case as per vakalatnama. that day he had approached my lawyer on behalf of my wife. there is no doubt that my past lawyer has joined hands with my wife. i want to file conflict of interest on the ground that my past lawyer is handling case of my wife which is legally not right. on paper he is still my lawyer. please guide because this is not right. i have seen my wife taking to my past lawyer on every date. she does not have any other case than this.
Devajyoti Barman
(Expert) 26 November 2012
You can highlight this issue to the court on nest hearing.
Since you did not engage him writing , he may take benefit of this situation.
Ethically it is not right.
V R SHROFF
(Expert) 26 November 2012
It amt to Professional misconduct on adv part. not allowed.
Rahul Metha
(Querist) 26 November 2012
What will be the court contention if i move conflict of interest application and mention my past lawyer name in writing and prove that my past lawyer is the mastermind in the case. what relief will i get?? please provide solution for this. Will this affect my case in future??
Devajyoti Barman
(Expert) 26 November 2012
Lodge complaint in the local Bar Association. This may prompt your previous advocate not to appear on behalf of your wife.
Rahul Metha
(Querist) 26 November 2012
at present i am not in a condition to file complaint against lawyer. My target is my wife. PLease advise whether conflict of interest does stand any chance in the court. There are many other things for which i am pressing for conflict.
ajay sethi
(Expert) 26 November 2012
has your ex lawyer filed his vakaltnama on behalf of your wife . as per your query he is neither the advocate on record nor appearing as a counsel on behalf of your wife . merely becuase you have seen your ex lawyer talking to your wife does not ptove your case for conflict of interest . they may be merely exchanging pleasenteries .
you wont get any relief from court
Rahul Metha
(Querist) 27 November 2012
Sir,
there is no doubt that my ex-lawyer is the master mind behind this, even my lawyer has confirmed the same. valaktnama is filed by one of my ex-lawyer's associate but that person never appeared before court. I do have some proof to prove the same.
Raj Kumar Makkad
(Expert) 27 November 2012
In the given case, you should file a complaint against such lawyer before bar Council with a copy to local bar and demand strict action against him. You may even give a copy to District Judge.
ajay sethi
(Expert) 27 November 2012
take the advice of your current lawyer . whether after going through your evidence whether he feels any complaint to bar council would be advisable
Rahul Metha
(Querist) 27 November 2012
As i said earlier I dont want to initiate any action against lawyer as of now. all i want to do is to inform the court that this is the scenario, then what kind of relief will be made by court in such case.
i will prove 100% to the satisfaction of the court about my ex-lawyer involvement.
V R SHROFF
(Expert) 27 November 2012
BAR COUNCIL IS THE RIGHT FORM.
You can Apply the Court with Doc to look into u/s 151 cpc and do needful
Raj Kumar Makkad
(Expert) 28 November 2012
I do agree with the advice of eexperts as given above.
Rahul Metha
(Querist) 02 December 2012
That lawyer is not a good person and each and every lawyer suggested that not to cross that person. If i file a complaint against him can he trouble my family by any other means..
Raj Kumar Makkad
(Expert) 02 December 2012
You should be firm upon your stand, No one can harm you and your family. You can take police help in that event.
Rahul Metha
(Querist) 03 December 2012
I will think and revert on this after consulting my lawyer. thank you sir.
Rahul Metha
(Querist) 17 December 2012
Dear Sir,
in DV case our matter is referred to mediator. in last meeting with mediator, my ex lawyer was present for 10 min in the mediator room. our mediator is a senior division judge.
Now in the next meeting with mediator i want to say to the mediator about my ex lawyer and what he did. can i do that. my lawyer is bit hesitate in donig this, but i want to mention this fact.
please guide in this.
ajay sethi
(Expert) 17 December 2012
confine your submissions to resolution of your matrimonal dispute before the mediator . you can explain your side of story.
Rahul Metha
(Querist) 17 December 2012
Dear Sir,
can you please explain meaning of ""confine your submissions to resolution"" should i put whatever i have to say on paper and submit or ask the mediator to record the fact in his report which he will send to court.
ajay sethi
(Expert) 17 December 2012
i mean state facts of your case to mediator . dont say any thing about ex lawyer . mediator will ask your side of story . explain to him what is the cuase of problem and that you want an amicable settlement with wife
Rahul Metha
(Querist) 17 December 2012
Dear Sir,
last meeting was our second meeting my wife is saying she wants to stay with me but i had clearly stated that i dont want to stay with her. We have gone through lot of things past one year and i really dont want to say that i want to continue with her.
What will be the scenario if i say that my ex lawyer is now my wife lawyer.
All big men are playing with the life of newly married couple doing legal experiements on us. There are lot of people including political on my wife side including her parents giving wrong guidance.
i dont want to settle with her and i dont want to lie a single word at any point of time.
ajay sethi
(Expert) 17 December 2012
if your wife wants reconcilation agree to it . if you dont want ask for divorce by mutual consent . if she refuses then you have long legal battle ahead .
Rahul Metha
(Querist) 17 December 2012
Dear Sir,
I will prefer for long battle, my family have gone through lot because of me. i dont want to take any chance and put my family into some trouble. i have file a case against her & others which my ex lawyer didnt proceed, now it will be in proceed further, if anything doesnt go wrong. This might help me.
should i disclose a fact about my lawyer before mediator, because he is the person who has guide them to file case just for money.
ajay sethi
(Expert) 17 December 2012
no dont mention any thing abou the lawyer .
Rahul Metha
(Querist) 17 December 2012
ok thank you sir i will not mention.
but this is worng, my lawyer has palyed a double game and i cant do anything..
Raj Kumar Makkad
(Expert) 17 December 2012
Life itself is a struggle so better to fight and get the legal rights instead of surrendering.
Rahul Metha
(Querist) 09 April 2014
Dear Sir,
After almost one and half year the court have decided on interim application of DV for maintenace of Rs 3,000/- per month. But in the interim application it is was demanded only Rs 20,000/- till the conclusion of the case.
Only once during the arguments their lawyer have mentioned that we have demanded Rs 20,000/- per month and not only Rs 20,000/-.
Can i go for appeal on this ground as what is order is more than what is prayed in the petition. Also the order states to provide maintenace from the date of filing of applicaiton. can i appeal that it should be from the date of order.
please advise.
regards
