Bar ethics ?!
Querist :
Anonymous
(Querist) 29 January 2012
This query is : Resolved
2yrs ago, an advocate was hired by me for HMA Sec9. Obviously I shared my necessary case secrets n manipulations with him, he knew week points of me & my family too as I trusted him like a normal client!
Meanwhile, I withdrew my case after 6 months. Further, after a gap of approx 1 year, I filed HMA 13(1) against wife & hired a new senior advocate. The previous advo. was lured by the opposite gang & he is now fighting from the wife's side thus troubling me a lot.
My question is about BAR-ETHICS. If somebody has acted as advocate for PartyA against PartyB, can he switch loyalties? Do some BAR-ETHICS prevent him from doing so?
Are there any methods 4 me to punish him?
Devajyoti Barman
(Expert) 29 January 2012
No , he can not do so.
Do mention this malpractice to court. The court would restrain him to appear again.
The local Bar should also help you to do this.
adv. rajeev ( rajoo )
(Expert) 29 January 2012
He cannot fight against you. It amounts to misconduct. File an application before the court to direct him to retire from the case.
V R SHROFF
(Expert) 29 January 2012
It is against the Professional ethics, and if you Complaint to Bar Council , a Disciplinary Action will be taken against him, and The Advocate may be suspended to practice, and or penalized. .
Advocate. Arunagiri
(Expert) 29 January 2012
It is against professional ethics. You can inform the Bar Council.
Sailesh Kumar Shah
(Expert) 29 January 2012
make complain before Concern state bar council about such misconduct.
Shonee Kapoor
(Expert) 30 January 2012
Rightly advised.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Querist :
Anonymous
(Querist) 30 January 2012
My main concern now is to punish him 4 his wrongs. Members plz advise the right steps.
1) Whether to complain to Local Bar Council or the State Bar council?
2) A simple complaint letter wud suffice? alongwith proofs (vakalatnaamas)?
3) What I think, Bar Council is a pvt group. They may take such complaint non-seriosly (its by a non-lawyer against their professional bro). How to make tehm accountable.
Suggestions are highly appreciated!
