Misconduct of advocate
Querist :
Anonymous
(Querist) 08 July 2025
This query is : Resolved
Sir, one lawyer has taken my civil (against my uncle reg. Inheritence property) case and that case has been compromised. Now my daughters filed case against me for partition. In that case My previous lawyer has represents my daughters. Its not ethical. How to remove opp. Lawyer from case? Because Im his old client and he knows all my weakness and strength.
kavksatyanarayana
(Expert) 08 July 2025
He is practising as a lawyer and has engaged his services; he is attending.
T. Kalaiselvan, Advocate
(Expert) 09 July 2025
In general, a lawyer cannot appear for the opposition party in a case that is directly related to one where they have previously represented a party due to conflict of interest.
However, if the cases are entirely unrelated, it might be permissible.
Lawyers have a duty of loyalty and confidentiality to their clients.
Representing the opposing party in a related matter would create a conflict of interest, as the lawyer might be privy to confidential information from their previous client that could be used against them.
Bar Council rules in India, for example, prohibit an advocate from acting or appearing for the opposite party in the same matter, or accepting a brief against a party they are already representing in another matter.
You may represent before court by filing a petition in this regard against the lawyer in that matter.
Courts also have the power to restrain a lawyer from appearing if they believe it would be improper or illegal, even if there is no explicit rule against it.
