legal professionals

The board must be careful in the performance of its professional duties. If a lawyer, by his acts or omissions, causes the interest of the party that hires him in any legal proceeding to be harmed, he does so at his own risk.

In India, Section 5 of the Law Practitioners (Fees) Act, 1926 states that “no legal practitioner, i.e. vakil, advocate, mukhtar or tax agent, who has acted or agreed to act, shall be exempted, merely because he is a legal practitioner, from liability to be sued in respect of any loss or damage due to any negligence in the performance of his professional duties.”

In Somasundaram v. Mr. Julius Meichior and Co., [(1989) 1 All ER 129 (QA)1, the plaintiff who had been goaled for an assault upon his wife, sued his solicitors, alleging that they were guilty of negligence in advising him to plead guilty.

The Court of Appeal upheld the striking out of the action and found it unnecessary to decide whether the solicitor’s immunity from suit extended to the advice given.

In Manjit Kaul v. Deol Bus Service, [AIR 1989 P&H 183]the plaintiff’s husband died in a traffic accident, she filed an appeal through her lawyer for more compensation.

The case stayed on the daily list for two weeks and was then dismissed by default because the attorney failed to appear on the client’s behalf.

The request for rehearing of the appeal was also time-barred, because the council did not communicate anything to the party about the appeal for years.

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