Professional ethicsConflict of interestSupreme Court of India

Noratanmal Chouraria v M.R. Murli

(2004) 5 Supreme Court Cases 68920041 min read
The case in brief30-second read
Facts
An advocate who had previously represented a client switched sides and appeared for the opposite party in a related matter, using confidential information gained during the earlier retainer.
Issue
Whether an advocate can appear against a former client in a matter related to the earlier engagement, and what is the scope of the duty of confidentiality after the retainer ends.
Held
The Supreme Court held that an advocate must not appear against a former client in a matter substantially related to the former engagement. The duty of confidentiality is perpetual and survives the termination of the advocate-client relationship. Breach constitutes professional misconduct.
Principle
An advocate cannot act against a former client in a matter substantially related to the earlier retainer; duty of confidentiality survives termination of retainer.
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Facts

  • An advocate who had previously represented a client switched sides and appeared for the opposite party in a related matter, using confidential information gained during the earlier retainer.

Issue

  1. Whether an advocate can appear against a former client in a matter related to the earlier engagement, and what is the scope of the duty of confidentiality after the retainer ends.

Held

  • The Supreme Court held that an advocate must not appear against a former client in a matter substantially related to the former engagement. The duty of confidentiality is perpetual and survives the termination of the advocate-client relationship. Breach constitutes professional misconduct.

Ratio decidendi

The Supreme Court held that an advocate must not appear against a former client in a matter substantially related to the former engagement. The duty of confidentiality is perpetual and survives the termination of the advocate-client relationship. Breach constitutes professional misconduct.

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Citation

Noratanmal Chouraria v M.R. Murli (2004) 5 Supreme Court Cases 689

Reported: (2004) 5 Supreme Court Cases 689. This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.