Reg. advocate's code of conduct

Balamurugan.N (Querist) 27 March 2008 This query is : Resolved
Dear all - I climbed third party insurance few years back and my advocate make it as default without any communication with me.

In this situation, I want to know if there is any code of conduct to file against the advocate.

Also, I want to know is there any possibility to file my claim again.

Regards
Balamurugan.N

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Rajesh Kumar (Expert) 28 March 2008
Difficult question, particulary to advocates.
Regarding the claim, if the suit has been dismissed in default, it can be restored- particularly if such default has been made by the fault of the advocate.
Off course there is a code of conduct the lawyers are required to follow. It has been prescribed by Bar Council of India under the Advocates Act. But, the present cae is a case of negligence or lack of care; it is not a case of misconduct.
The legal services are services within the meaning of Consumer Protection Act- and as such you can claim compensation against the erring service provider for deficiency in services under the Consumer Protection Act.

SANJAY DIXIT (Expert) 15 June 2008
If your claim petition is dismissed in default of both parties ie your advocate & defendent; you may file fresh claim petition.

If the same is dismissed in default of your advocate only & defendent was present; you may file an application for restration of your petition.