PROBLEM NO. 2 A, an advocate withdraws suit on oral instruction of associates of the plaintiff and it was settled without the instruction from the plaintiff. Whether this amounts to misconduct?
The Bar Council of India Rules regarding the duties of an Advocate towards the client states that –
“An advocate should not ordinarily withdraw from serving a client once he has agreed to serve them. He can withdraw, only if he has a sufficient cause and by giving sufficient and reasonable notice to the client.
Further, the Bar Council of India Rules states that “An advocate should not act on instructions of any person other than his client or authorized agent”.
In this case, the Advocate has merely withdrawn the suit with just an oral instruction from the associates of the plaintiff which amounts to misconduct of the Advocate and is liable to be tried for misconduct by the disciplinary committee under Sec 35 of the Advocates Act, 1961.
However, if the Advocate has bonafidely believed that the associate person was an authorized agent to give instruction on behalf of the client, then he shall not be held for misconduct. The same view has been taken in “Advocate (vs) Bar Council of India and other.