Guidance on countering possible defenses by advocate in bar
bharat khatwani
(Querist) 25 August 2024
This query is : Open
I am preparing to lodge a formal complaint with the Bar Council against an advocate who sent me a legal notice on behalf of my tenant, demanding an amount equivalent to 150 years' rent for repairs and renovations. A large portion of this expense is time-barred, as it refers to a supposed oral agreement made 25 years ago with my late father, after which the tenant remained silent until now.
Despite my reply to the notice—clarifying that the claims are baseless and requesting a withdrawal—I have received no response. I intend to proceed with the complaint even though I am aware that the Bar Council has historically not penalized advocates for refusing to withdraw baseless legal notices.
Here are some defenses I anticipate from the advocate:
Good Faith Defense: The advocate may argue that they acted in good faith based on the tenant’s instructions and were unaware of any fabrications or violations of Rules 4 and 5 of the Bar Council.
Client's Instructions: They might claim they are not responsible for verifying the accuracy of the client’s claims and are simply representing their interests, suggesting that they should not be held liable for potential fabrications.
Ambiguity in Rules: The advocate could challenge the interpretation of Rules 4 and 5, arguing that there is no clear precedent that directly applies to this case, thus weakening my claims of professional misconduct.
Lack of Precedent for Penalties: The advocate might highlight that no one has been penalized under these rules in the past, attempting to downplay the seriousness of the allegations.
I would greatly appreciate your insights on how to effectively counter these defenses. Any suggestions for strengthening my case or additional angles I could explore would be invaluable.
Thank you in advance for your guidance. P.S. I want to check out response of multiple advocates, so do not chose RESOLVED option after airing your views.
bharat khatwani
(Querist) 27 August 2024
Mr. T. Kalaiselvan,
With all due respect, my rephrased post is not a repetition but a significant elaboration of my original query. In the first post, I merely asked for details of cases where the Bar Council has penalized advocates for violating Rules 4 and 5. The rephrased post provides the specific context of my situation, outlines the potential defenses the advocate might raise, and seeks advice on how to counter them effectively. This is a much more detailed request, clearly different from the initial query.
If you do not have any constructive input to offer on this matter, I kindly ask you to refrain from commenting, so that other experts who may have valuable insights can contribute.
bharat khatwani
(Querist) 28 August 2024
Bumping this thread for more opinions
bharat khatwani
(Querist) 28 August 2024
Bumping this thread for more opinions
Read more at: https://www.lawyersclubindia.com/experts/guidance-on-countering-possible-defenses-by-advocate-in-bar-762026.asp
T. Kalaiselvan, Advocate
(Expert) 25 August 2024
