Professional mis conduct
Adv M.D.Azhar
(Querist) 14 February 2015
This query is : Resolved
sir, i need to know that "A" advocate has instituted a suit in the civil court. Meanwhile injunction application was rejected therefore appeal was preferred before the session court. Now plaintiff and defendant decided to compromise the matter so plaintiff "A" without informing his advocate and the defendant & his advocate without informing the "A" s concern advocate. Specially defendant's adv filed memo that compromised is done that's why he want to withdraw the matter while he is the advocate of the defendant. Can he do so? Not only that but also in the civil court defendant's adv given the application before the court to taken up the matter on the board, which was granted by the civil court and also withdrawn a suit by passing a memo in about which neither the the parties nor the advocate of the defendant or the court drawn the attention of the advocate of the plaintiff. No signature was taken on the memo moreover plaintiff who has to be identified in the matter of compromise by his advocate, he was identified by the adv of the defendants. Now if this kind of procedure is done just because parties and the adv of the defendant do not wanted to pay the fees to plaintiff's adv. What action may be taken against the parties or the adv of the defendant? please guide me in this matter.
venkatesh Rao
(Expert) 15 February 2015
Though technically an appeal will be in continuation of suit, the vakalath ceases with the termination of the suit and the plaintiff is not duty bound to inform his advocate subsequent events.
ajay sethi
(Expert) 15 February 2015
Mr Azhar how many queries you raise?
Rajendra K Goyal
(Expert) 15 February 2015
Plaintiff lawyer should claim his unpaid fees.
P. Venu
(Expert) 15 February 2015
More than anything, the plaintiff's advocate needs to introspect as to why he had lost confidence of his client.
T. Kalaiselvan, Advocate
(Expert) 18 February 2015
There appears no procedural lapse in doming so however morally the plaintiff is bound to inform his advocate about the developments in the case so that the advocate is aware of the disposal of the same.
