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mahan mahan (NIL)     06 November 2022

Lawyer engaging

Can a lawyer appearing for a party in one case be engaged in another case to appear against the said party? i.e, an advocate appears for A in a case A vs B; then can he appear against A ( appear for C in another case C vs A.


 1 Replies

Prakhar Gupta (Advocate)     03 May 2025

Yes, an advocate appearing for a party in one case can, in theory, appear against the same party in another case, but it depends on various factors such as:

 

  1. Nature of both cases – If the two matters are entirely unrelated and there is no conflict of interest, it may be legally permissible.
  2. Confidential Information – If the advocate has received confidential information while representing the client in the first case, then appearing against that client in another case may breach professional ethics.
  3. Client Relationship – If there’s an ongoing attorney-client relationship, or if the client reasonably expects loyalty, then it is ethically questionable.

 

 

However, disclosure should be made to both parties involved, and consent should ideally be obtained to avoid any allegations of conflict of interest or professional misconduct.


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