Directive on vakalatnama issued

MUMBAI, Dec 18: Can a lawyer make an appearance before a court in a matter involving a company or organisation in which he holds a post? No...

MUMBAI, Dec 18: Can a lawyer make an appearance before a court in a matter involving a company or organisation in which he holds a post? No, says the Bar Council of Maharashtra and Goa which has given a direction to various bar associations as well as the Incorporated Law Society to restrain such lawyers from even filing a vakalatnama.

In a ruling with far reaching consequences, a complaint for alleged professional misconduct against Mohan Jaykar, partner of leading solicitor firm – Gagrat and Co, has been dismissed by the disciplinary committee of the Bar Council of Maharashtra and Goa.

The complaint was filed by one R D Bhasin who alleged that Jaykar had committed a breach of Rule 8 of the Bar Council of India Code of Conduct rules by filing an appearance on behalf of radio club in spite of being its managing committee member.

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Hearing the complaint, the disciplinary committee of the Bar Council ruled that in determining the question of professional misconduct the bonafides of an advocate was relevant and that one had to find out whether there was any oblique or dishonest motive on the part of the appellant. In this case, the committee ruled, Jaykar was entitled to benefit of doubt and that his conduct did not amount to professional misconduct.

In his defence, Jaykar alleged that the complaint had been filed with ulterior motives and that Bhasin had commenced various frivolous litigations against the radio club of which he was a member.He pleaded that it was a well settled practice whereby advocates and solicitors who were on the board of various companies filed vakalatnama.