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sachin (GM)     02 April 2018

Can my own advocate fight a case opposite to me later

My own advocate in Arbitration, after 5-6 years, has appeared to fight a case opposite to me in the same / similar matter in a Writ Petition filed by me. I am being given to understand that such things are unethical and can’t be Permitted and it would be termed as playing a devil’s advocate. The same is neither in the interest of me and nor in the interest of My previous Advocate if he represents my Opposite party. Prejudice would be caused to me as It may not only give adverse inference in my case but also damage the reputation of the Sr. advocate (Now he has become Sr. Adv.) and put a question mark on his Integrity which would not be in the interest of either of us. it is quite Possible that i may have to face allegation that I had Planted my own advocate to take favors from him or to weaken the stand of Opposite Party as he was my own Advocate in the similar matter.

I can not take the risk in my matter and in the interest of Justice, equity and fair play, I will request Sr. Adv. to withdraw from the Proceedings. However, If he refuses, is there any Law to prevent him appearing in the case against me as he has already represented me in same/ similar matter being referred in writ. What shall be the grounds to Challenge him and under what section I can File the application and what shall be the contents? Need help on this unusual rare case.



 1 Replies

Vijay Raj Mahajan (Advocate)     03 April 2018

You're right it's professional misconduct if an advocate appeared for you cannot appear against you for same subject matter. You can file formal complaint against him in the State Bar Council where he's enrolled for taking action against him for professional misconduct. You bring in notice of the court too the same after lodging compliant against him in Bar Council.

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