How can a lawyer speculate the outcome of case, suo moto case against lawyer Professional Misconduct

How can a lawyer speculate the outcome of case? Suo Moto case against a Lawyer for professional misconduct by Supreme Court

The Supreme Court took exception to an advocate advising his client that an appeal filed by the opposite party before the Supreme Court of India “will not succeed at all”.

A Bench headed by Justice AM Khanwilkar said how an advocate could have pre-judged or speculated the outcome of the proceedings before the Court opining that it prima facie bordered on professional misconduct.

“We fail to understand as to how an advocate appearing in the matter of instructing the litigant who is a party before the Supreme Court of India would be in a position to prejudge the outcome of the proceedings or if we may say so speculate about the outcome thereof,” the Court said.

The Bench of which also comprised Justices BR Gavai and Krishna Murari said that the matter needs to be proceeded with and asked the party to file an affidavit within 2 weeks disclosing the details of the concerned lawyer.

This proceeding will be treated as suo moto action initiated by this Court. The respondent shall file an affidavit within two weeks from today and the suo motu proceedings to be notified by the Registry on February 5, 2021,” the Court said.

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