Advocate filed memo of appearence without concent of previous advocate in criminal case
gopinadh
(Querist) 21 January 2016
This query is : Resolved
Respected seniors,
in sessions case already advocate is representing the accused but without consent and knowledge of the previous advocate, onother advocate filed memo of appearece on behalf of the accused without taking no objection from the previous advocate, so it amounts to unethical for which i want suggestion if the said act amounts to professional misconduct if so what relief? please suggest
Anirudh
(Expert) 22 January 2016
Even if it is professional misconduct, you have to complain against that Advocate. He will definitely be heard. Ultimately a decision will be handed out. Except this, there is no other relief.
Rajendra K Goyal
(Expert) 22 January 2016
It is the previous lawyer to object and not third party.
Adv. Yogen Kakade
(Expert) 22 January 2016
This is certainly a professional misconduct. Mention with an application before the court about the same.
K.S.Srinivas
(Expert) 01 February 2016
Definitely it constitutes professional misconduct. Bring to the notice of the Bar Council.
