Noratanmal Chouraria v M.R. Murli
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
- 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.
How to use it in an exam
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.