LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

ad. creaminall (professional Advocate)     14 February 2010

professional misconduct by an advocate

my client company has filed two matters against one party. one is civil matter and another is criminal u/s. 138 of n. i. act. criminal matter filed in 2002 and civil filed in 2005. in civil matter after filing an affidavit of service the matter was adjourn for ex parte as the defendant has failed to file their apperance and written statement. after that the advocate who is appeared in both the matters has taken adjournments only. now when the plff. co joined one other adv. with the previous adv. then after filing of the affidavit of ex-parte evidence, one adv. appeared on behalf of defendant and placed an application for seeking the permission to file written statement. after two dates sudden on the third date the said adv. for deft. has filed a pursis and withdrawn his apperance. in his pursis he stated that the plantif's adv. approached him and told him to appear in the matter on behalf of the Defendqant. he also stated in his pursis that the plff.'s adv. told him that the defendant told him to find an advocate for them to appear and contest the matter and he gave the blank signed and stampd vakalatnama of defendant to him stating that he will collect all the papers and give. but till the date he has not receive any material instruction from the defendant or the said adv as well as he also is not receive any papers hence he is withdrawing his apperance.


under the circumstance we wants to take the steps against the said advocate who has taken only adjournments in criminal matter and done misconduct against the professional ethics.of an advocate


1)can we move before the barcouncill? under which section we have to file complaint?


2)can we file any complaint before the consumer forum? under which section?


3)can we file any other dispute / complaint / suit against the said advocate? under which provision of law?


4)is it necessary to give prior notice before filinf any of the proceeding mentioned hereinabove at no. 1,2 or 3?


 3 Replies

kranthi kiran (Works In Judicial Department)     14 February 2010

If the defdt advocate has made vague allegations against the Pltf advocate, then the palintiff advocate can file a complaint with BCI. If the Defendant himself feels that, his advocate did not acted on his behalf, he also file Complaint with BCI 

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     14 February 2010

Mr. Ad. Creaminall,

In the proceedings of professional misconduct, the burden of proof lies on the complainant. Therefore, the prosecution/complaint must prove 'mens rea' (guilty mind) in the delinquent-advocate. The burden of proving mens rea lies upon the complainant.

ad. creaminall (professional Advocate)     15 February 2010

But can we file a complaint before consumer forum against the said advocate for deficiency in service and can we claim damages?

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register