Noratanmal Chouraria v M.R. Murli

(2004) 5 Supreme Court Cases 689Supreme Court of India2004Professional Ethics and Professional Accounting System
professional-ethicsconflict-of-interestduty-to-clientconfidentiality

Rule established

An advocate cannot act against a former client in a matter substantially related to the earlier retainer; duty of confidentiality survives termination of retainer.

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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Source

Source: (2004) 5 Supreme Court Cases 689

This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.