This practice is of course unethical and can be challenged by the aggrieved person in the court where the case is going on besides lodging a complaint with bar council for such practice
Unethical behavior and a conflict of interest (change of lawyer)
In a property dispute case at Jalandhar courts, Party A is at dispute with Party B, who is represented by Lawyer B. In another separate property dispute, Party A is involved with Party C. Recently, Party C switched their lawyer from Lawyer D to Lawyer B, who was the opposing lawyer of Party A in the first case. This switch was allegedly made to challenge Party A by hiring the same lawyer who represents their opponent in the other case. Is this considered unethical behavior and a conflict of interest, and should it be challenged in court?
Asked 1 year ago in Property Law
Religion: Hindu
9 Answers
It is not unethical
these are 2 separate cases
no need to file any complaint with bar council against the lawyer
There is no conflict of interest of Lawyer B and in other words Lawyer B can represent your opposite parties in as many cases as they engage him.
How do you believe that there would be a conflict of interest
no details are provided about the 2 separate disputes in which party A is involved
so if the two cases/disputes are totally unconnected to each other, then despite the lawyer representing A in the first dispute and C in the second dispute, there is no bar against the lawyer to represent A and C in two different matters
the only restriction that would apply against the lawyer would be to not divulge any privileged communication between A and the lawyer regarding the first case, to C whom he represents in the second case
however if A can show that there is some connection between the 2 matters, then it would be desirable that the lawyer recuse himself from one of those matters
if the above does not happen then nothing stops A from discharging the lawyer and engaging another lawyer
Can anyone please answer if below points make Potential Ethical Concerns: Perception of Bias: Even though Lawyer B is representing different clients in different cases, Party A might perceive Lawyer B as biased due to their involvement in multiple cases against them. Strategic Advantage: Party C’s hiring of Lawyer B, who is already representing Party B against Party A, could be seen as a strategic move to intimidate or exert pressure on Party A. This might undermine Party A’s confidence in the fairness of the legal process. Confidentiality and Information Sharing: There is a concern that Lawyer B might inadvertently use confidential information obtained from one case to benefit the other, even if the cases are unrelated.
Asked 1 year ago
you have no case against the lawyer
these 2 are different cases and plaintiff / defendant is always at liberty to engage any lawyer they so desire .
if all these apprehensions are there, then DISCHARGE LAWYER B AND ENGAGE ANOTHER LAWYER
Just on basis of apprehensions one cannot point fingers against an advocate that he would be involved all the acts stated in your follow up query, unless you have cogent material and proof that lawyer B compromised the legal position of party A
It is unethical for your lawyer to appear against you in a different case which is related to previous case. However there is no offence committed by a lawyer to appear against you in a different case of different subject.
- Since, the party C is not involved in the case of Party A , then legally the said lawyer can advocates on behalf of the Party C.
- Further, as there is another suit for another property , then it will have no impact on the case of A.
- However, either of parties can change his lawyer legally , if he is not satisfied with the outcome of the lawyer.
Dear Client,
A lawyer should avoid situations that might create a perception of bias or conflict of interest. Even if Lawyer B is representing different clients in separate cases, the appearance of conflict or bias can undermine confidence in the legal process. If there's reasonable suspicion that confidential information might be misused, this should be reported to the appropriate Bar Council or legal oversight body. Should you require any further clarification, please do not hesitate to contact us.
