Defamation case against an advocate for issuing notice
Adv.Sanjiv Deshpande
(Querist) 24 July 2018
This query is : Resolved
Can a Addressee to whom a notice is sent by an Advocate on behalf of his Clients file a defamation suit against the Advocate and also complain to Bar Council of India
Vijay Raj Mahajan
(Expert) 24 July 2018
No. The advocate is sending legal notice on behalf and under the instructions of the client . The advocate is just an agent for the client who is his principal. The case of defamation, if any, lies against the client not his advocate.
As far complaint against the advocate with State Bar Council is concerned that can be for unprofessional act of the advocate, sending legal notice on behalf of his client is the professional job nothing unprofessional in it, whether the facts mentioned in the notice correct or not is matter of dispute to be decided by the court only during litigation process.
Dr J C Vashista
(Expert) 25 July 2018
I agree with expert Mr. Vijay Raj Mahajan.
Asgher Mahdi
(Expert) 25 July 2018
No advocate can be made party against defamation case nor any other cases as he represents on behalf of the alleged facts of the client/s.
