https://www.taxtmi.com/caselaws?id=104868 An advocate has no retaining lien over a client's litigation papers under section 171 of the Indian Contract Act because case files are not goods capable of being held as security and the advocate's limited fee adjustment rights do not extend to the client's papers. Refusing to return the brief on demand, especially where new counsel must continue pending proceedings, amounts to professional misconduct under section 35 of the Advocates Act. The conduct is liable to disciplinary action, although punishment may be mitigated where the advocate acted under a bona fide belief and no prior authoritative ruling had clarified the issue. en-us Tue, 22 Aug 2000 00:00:00 +0530 Wed, 29 Apr 2020 11:33:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=104868 An advocate has no retaining lien over a client's litigation papers under section 171 of the Indian Contract Act because case files are not goods capable of being held as security and the advocate's limited fee adjustment rights do not extend to the client's papers. Refusing to return the brief on demand, especially where new counsel must continue pending proceedings, amounts to professional misconduct under section 35 of the Advocates Act. The conduct is liable to disciplinary action, although punishment may be mitigated where the advocate acted under a bona fide belief and no prior authoritative ruling had clarified the issue. Case-Laws Indian Laws Tue, 22 Aug 2000 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=104868