Professional Misconduct of Advocates like an advice to a client that appeal pending before Supreme Court will not succeed at all is a grave professional misconduct.
Professional Misconduct in Professional Ethics
Madhvendra L. Bhatnagar v. Bhavna Lall ( 2021 ) 2 SCC 775 is a landmark judgment in this regards .
Advocate Cannot predict outcome of case
is a Professional Misconduct on the part of an Advocate enrolled in bar council.Advocate Cannot predict outcome of case in appeal in Supreme Court . It is unethical for any advocate to pronounce his own verdict after going through a high court judgment.
S. 35: Punishment of Advocates for misconduct
– Advocate advising his client that appeal pending before Supreme Court will not succeed at all – Held is a professional Misconduct – Needs to be proceeded with as held in Madhvendra L. Bhatnagar v. Bhavna Lall ( 2021 ) 2 SCC 775 is a landmark judgment in this regards .
Conclusion
It is true that many advocates after analyzing a case at times gives his opinion that the matter would not succeed in appeal. This is a very wrong approach and this act is judged sternly by courts. As Advocates it is not for an advocate to pass his own verdict on a case by going through a high court judgment.
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