Advocate
Anita Singh
(Querist) 03 April 2012
This query is : Resolved
dear expert
I have filed a Dv matter for my sister and filed my vakalatnama i am also a witness in the case my query is that can i perform the role of both advocate as well as witness in the matter or not can magistrate will allow me to do so
Raj Kumar Makkad
(Expert) 03 April 2012
Ethically this is wrong but if you are ready to ignore ethical aspect of an advocate then there is no legal bar.
If you follow sincere advice then I shall suggest you to leave Vakalathnama and engage some other lawyer. You cannot properly defend the case of your sister being her advocate. You shall become sentimental at some occasions and cannot take appropriate decision at that time.
Nadeem Qureshi
(Expert) 03 April 2012
Dear Anita
I fully agree with Mr. makkad
V R SHROFF
(Expert) 03 April 2012
You certainly cannot stand as a witness in a case you are Advocate. As Rightly suggested, by Shri Raj Kumarji, Engage another Advocate.
At least , keep with you a another Advocate Jointly with you.
ajay sethi
(Expert) 03 April 2012
it is cardinal rule of legal practise that lawyers dont argue their own cases .
the reasons being we identify ourselves too personally with the case and are unable to take a balanced view
venkatesh Rao
(Expert) 03 April 2012
There is no express bar, even implied, that an advocate can not be a witness in a case in which he appears and plead for others. In my humble opinion, if Anitha Singh were to file vakalath and prosecute the case, and wishes to enter the witness box, no court would ever reject as it would offend right to practice. What is not expressly barred cannot be inferred when it particularly offends a fundamental right. What do you say Prabhakar sir?
Shonee Kapoor
(Expert) 04 April 2012
I agree with the expert's advise.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
