Jignesh shah (CA) 05 July 2008

Professional Ethics

In family matters case if we want to change lawyers than do we have to take NOC from earlier lawyers?

While filing petition of divorce both the parties advocate has filed vakalatnama, & sudenly i have received notice form a lawyer whose name is not appearing in vakalatnama, Is it fair?? if not what step can we take against such lawyer?

Is there any professional ethics for lawyer??

Can other petitioner file any complain against such lawyer?? If yes, then where & how

Pls reply urgently

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3 Replies

Guest (n/a) 06 July 2008

Yes, there are professioanl ethics for lawyers.

A party can engage more than one lawyer. It seems that in addition to lawyers in Vaktnama, party has engaged another lawyer. Therefore, notice by another lawyer is valid.

Lawyers maintained that if another lawyer is engaged by a party, then party should take No Objection from previous lawyer. This is to maintain professional harmony. There is no compulsion, however, note that previous lawyer can enforce contract with a party which is in form of Vakaltnama. Generally, when a party lose confidence / trust and faith in a lawyer or a Judge, he abstain from dealing the matter of the party. Lawyers profession is a very noble & royal profession. It is wrongly understood by public or some lawyers.

Thanks

Rakesh Pathak Advocate www.RPathak.com

K.C.Suresh (Advocate) 07 July 2008

Dear Jignesh

Each state maintains Civil, Criminal and High Court some Rules of Practice. In Kerala it is as follows:

The Criminal Rules of Practice, Kerala, 1982

Rule 34: Change of Pleader.- A pleader proposing to enter appearance in a proceeding to a party, for whom there is already a pleader on record, shall produce the written consent of such pleader, or where such Pleader, refuses his consent he shall obtain the special permission of the Court. –

The Civil Rules of Practice, Kerala

Rule 28. Change of Pleader.- A pleader proposing to enter appearance in a suit or other proceeding for whom there is already a pleader on record may not do so unless he produces the written consent of such pleader, or where such Pleader, refuses his consent, he obtains the special permission of the Court

The Kerala High Court Act, 1958

Rule 20. Change of Advocate.- An Advocate proposing to enter appearance in a proceeding for a party for whom there is already an Advocate on record, may not do so, unless he produces the written consent of such Advocate, or, where such Advocate refuses his consent, he obtains the special permission of the Court

Ruling: Refusal to return the files to the client when demanded amounts to misconduct. 2002(3)KLT 399, 2002(2)KLJ 296.

You may verify the State Rules for your regional purpose.

The complaints if any aginst professional misconduct of an Advocate you may approach the State Bar Council