The present article deals with the situations where the unethical conduct of a lawyer affects his/ her client and in such a situation what options does that client have. Like other fields, the legal profession also has some lawyers who are unethical and unprofessional; moreover, they believe that being a lawyer makes them immune to the repercussions of their actions.
Can a client sue his/ her lawyer?
The answer to this question is yes, a lawyer can be sued by his/ her lawyer if the client believes that his lawyer is committing professional misconduct or is acting in contravention of professional ethics.
What actions can a client take against his/her lawyer?
A lawyer is duty-bound to maintain the privacy of his client and to not disclose any information regarding his client to a third party without the consent of the client. If in case the advocate himself is related to the case of the client, he is duty-bound to inform his client regarding his interests in the case.
In case these conditions are not fulfilled the advocate can be charged for disciplinary action and a formal complaint can be filed against him in the State Bar Council or the Bar Council of India.
Laws Involved:
At present, The Advocates Act, of 1961 deals with the issue of professional misconduct by legal practitioners in India. It provides the procedure and punishment for such an act.
What leads to a professional Misconduct?
In Chapter II, Part VI of the Bar Council Of India Rules, under Section 49(c) of the Advocates Act, 1961, rules for professional standards have been mentioned. These include:
· Full and frank disclosure to the client
· To uphold the interest of the client
· Not suppress material or evidence
· To not disclose the communication with the client
A Divorce Advocate In Delhi should not act on the instructions of any person other than his client should not misuse or take advantage of the confidence reposed in him by his client Not appear for opposing parties, and so on….
To whom can the complaint be filed?
Under Section 6 of the Advocates Act, The State Bar Council may determine and take action against a lawyer on their role for professional misconduct.
Thus, you can directly complain to the State Bar Council or can complain directly to the Bar Council of India.
Your duty as a client:
You have to understand that the lawyer is representing you in a court of law. He can’t be sued simply because you lost the case. Unless there is intentional malpractice in his handling of the case, he can’t be punished.
For example, in a divorce case, even the best divorce lawyer in Delhi can assure you that he can win the case 100%. There is always a chance that the situation may go against you anytime. A Supreme Court Bench of Justices P Sathasivam and Ranjan Gogoi, while hearing an appeal observed that like other professions such as doctors, a guarantee of success can’t be given, either in litigation or medicine.
Thus, a lawyer can’t be sued simply because his opinion was not acceptable.
Thus, it is on the client to prove that such malpractice has taken place. It would be advisable while appointing a lawyer in Delhi that the client should consider asking for advice from a few Divorce Lawyers In Delhi, so he/ she can get a vague idea of his case and the laws involved in it.
Lead India provides you with a wide pool of experienced lawyers dealing with issues involving divorce, judicial separation, domestic violence, etc. Legal guidance, as well as advice, are also provided for various legal proceedings.
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