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Professional misconduct

(Querist) 14 January 2013 This query is : Resolved 
whether an advocate can be charged for profession misconduct if he filed a civil suit against a person, for whom he already appeared for getting an order of anticipatory bail in a criminal case, which is totally different subject as no way connected with the said civil suit.
Devajyoti Barman (Expert) 14 January 2013
Yes under Advocates Act.
R.Santha Moorthy (Querist) 14 January 2013
Dear Barman, Thanks for your response. After got the order of anticipatory bail in a different case, there is no connection with that person for months together, against whom, later filed the civil suit for some other client. even if it is so, is it amounts to misconduct as per our Act. please reply.
Guest (Expert) 14 January 2013
Dear Santha Moorthy,

Had you stated your problem clearly, instead of putting an academic query at the initial stage, you would not felt the need to ask any supplementary question.

The question is not whether there has not been any connection with the person who would have hired your service, the question is whether you are still his lawyer in a case against his opposite party or the case of your client has already been decided in the court of law and you now don't have any connection with that case, either pending hearing, or for revision/ appeal.

Better state the fact clearly.
ajay sethi (Expert) 14 January 2013
well advised by Dhingraji . answer the queries raised by Dhingraji
R.K Nanda (Expert) 14 January 2013
state facts clearly.
Sudhir Kumar, Advocate (Expert) 14 January 2013
do not let things to imagination of experts.
Raj Kumar Makkad (Expert) 15 January 2013
If earlier suit/case has been decided then there is no professional misconduct if the fresh case is taken up by that lawyer.


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