Professional Ethics
Querist :
Anonymous
(Querist) 11 November 2010
This query is : Resolved
'X' is a person having sole propritorship business.He is the distributor of a company 'Y'.A criminal case was intiated by Govt. against both of them .'A' a lawyer defending them in that case.That case is pending in the court of law. In the meantime the sole propritorship business was converted to partenership firm. 'X','B'and 'C' are the partner of said firm. 'C' filed a suit in the capacity of the partner of the firm against 'Y'. Whether 'A' can defend 'Y' against 'C' , is it not ammount to professional misconduct.please provide me necessary law and citation.
Kirti Kar Tripathi
(Expert) 11 November 2010
I think, this is against the professional ethics. since A was defending Y and X, who has converted proprietorship firm into partnership firm with B and C, as such B and C are deemed to be representatives of X and party. Naturally being counsel of both X and Y A is acquainted with the facts of both parties. thus he should not represent one party against another, to whom he has already represented.
s.subramanian
(Expert) 11 November 2010
I fully agree with Mr.Kirti. It is professional misconduct.
Parveen Kr. Aggarwal
(Expert) 11 November 2010
Whether the criminal case against X and Y is in any manner connected with the civil suit?
Kirti Kar Tripathi
(Expert) 11 November 2010
no, but even this is against the professional ethics.
Raj Kumar Makkad
(Expert) 11 November 2010
If the earlier suit is not directly connected with the former case then counsel A is not violating his professional conduct and no question can be raised about his integrity otherwise he is at fault.
Parveen Kr. Aggarwal
(Expert) 11 November 2010
Bar Council of India Rules, Part VI- Chapter II, Section II-
"33. An advocate who has, at any time, advised in connection with the institution of a suit, appeal or other matter or has drawn pleadings, or acted for a party, shall not act, appear or plead for the opposite party."
Querist :
Anonymous
(Querist) 12 November 2010
Agreed with Mr.Tripathy,Mr. Subramanian and Mr. Agrawal.Is thre any citations of any judgement of Supreme Court or any High Court.
Parthasarathi Loganathan
(Expert) 16 November 2010
Though professional conduct is aptly prescribed in the BCI regulations, professional ethics is left the habit of the practitioners.
