Professional Misconduct of Advocate -- Disclosure of Confidential Client Information -- Not justified by termination of engagement
(i) Advocates Act, 1961, S.35 -- Professional Misconduct of Advocate -- Disclosure of Confidential Client Information -- Continues to bind an advocate irrespective of termination of the client relationship or subsequent hostility between advocate and client. Information received in confidence cannot be used against a client to respond to public allegations made by that client. Duty of confidentiality is not conditional upon continued good behaviour of the client towards the advocate. (ii) Advocates Act, 1961, S.35 -- Disciplinary Proceedings Against Advocate -- Claim of Improper Service of Notice -- Cannot be sustained where the advocate entered appearance, filed a written statement, was represented by counsel, and participated throughout the proceedings including recording of evidence. Such participation establishes knowledge of the proceedings from inception, and a belated claim of non-service raised without better grounds is liable to be rejected. (iii) Advocates Act, 1961, S.35 -- Enhancement of Punishment in Disciplinary Proceedings -- Sought by Complainant -- Cannot be granted where the complainant has not approached the court with clean hands, including by participating in media disclosures during the pendency of proceedings and suppressing material facts relevant to the case.
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