Lawyer Notice -Case of Perjury

Querist : Anonymous (Querist) 13 June 2011 This query is : Resolved
If lawyer issues a notice on behalf of his client, can it be assumed that the lawyers notice is evidence of Clients statement.
Can the client be tried to perjury or both lawyer and client are to be tried for perjury?

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PALNITKAR V.V. (Expert) 13 June 2011
A lawyer gives notice at the instructions of his client. Hence, prima facie, it is evidence of the statement of client and client can be prosecuted for perjury. However, a notice has to be proved in the Court. But it is proved that the advocate was not instructed to write the contents of the notice, then the lawyer may be held responsible.

Parveen Kr. Aggarwal (Expert) 13 June 2011
Though notice given by lawyer is generally considered as statement of client but in case the client establishes that the lawyer was neither instructed nor authorised to serve the notice then the lawyer can be held liable.

prabhakar singh (Expert) 13 June 2011
NO perjury case can proceed simply on the basis of a notice either directly by a client or by his agent(the lawyer).
And if the lawyer has acted without instruction,a misconduct proceeding can go on against him at the instance of person on whose behalf lawyer claims to have acted.

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