Advocates act
Ramasamy
(Querist) 29 November 2011
This query is : Resolved
Dear Sirs,
Whether an Advocate can appear for his Cousin (own sister’s husband) cases before the court of law.
Is there any bar under the Advocates Act or any other law in India?
Kindly advise me.
Thanks in advance to the learned Experts.
A V Vishal
(Expert) 29 November 2011
Yes he can appear, there is no bar on such appearance
Advocate Rajkumarlaxman
(Expert) 30 November 2011
he can appear. further go in detail of advocates act 1961 to know more about appearance and restrictions if any for appearance.
Devajyoti Barman
(Expert) 30 November 2011
Yes he can appear unless there is conflict of interest.
Rajeev Kumar
(Expert) 30 November 2011
Yes he can appear there is no bar by Advocate Act
dev kapoor
(Expert) 30 November 2011
Look Mr.Ramaswami,your son is an advocate.You taught him to that level.God forbid,if you have a case in a court of law,should there a bar for your son to defend you or prosecute on your behalf.NO.Like that there is no bar for an advocate to represent his kith and kin in ANY CASE BEFORE A COURT OF LAW PROVIDED HE SHOULD BE ENGAGED AS AN ADVOCATE BY SUCH RELATIVE.
umapathi.s
(Expert) 01 December 2011
Dear Experts, I feel there is restriction. pl see rules framed by BCI under standards of Professional Conduct and Etiquette in which rule 6 reads as follow. "An advocate shall not enter appearance, act, plead or practise in any way before a court, Tribunal or Authority mentioned in Section 30 of the Act, if the sole or any member thereof is related to the advocate as father, grandfather, son, grand-son, uncle, brother, nephew, first cousin, husband, wife, mother, daughter, sister, aunt, niece, father-in-law, mother-in-law, son-in-law, brother-in-law daughter-in-law or sister-in-law". pl give your suggestion. regards
Shailesh Kumar Shah
(Expert) 01 December 2011
Dear Mr. Umapathi.s
I still stand on my answer.
Please read proviso to rule 6.
which says that "For the purposes of this rule, Court shall mean a Court, Bench or Tribunal in which above mentioned relation of the Advocate is a Judge, Member or the Presiding Officer."
M V Gupta
(Expert) 01 December 2011
The bar contained in Rule 6 applies if the person on the Bench of the court happens to be Advocates relative, but not for the Advocate to appear for his relatives and plead for them. In the former case the prohibition is imposed in order to prevent any biased finding.
umapathi.s
(Expert) 01 December 2011
Thanks for the clarification. earlier in one case I didn't take up my relatives own case thinking that it would be against our ethics and rule. I stand corrected now. regards.
V R SHROFF
(Expert) 01 December 2011
Only if it affects natural justice.
Only if Court is of opinion, you are capable of influencing the Court, and affects delivery of justice.
Why should your relative search for outside for Advocate, when they can engage their confidential relative , probably free of cost?
And the Opposite Party have all rights and opportunity to cross, and act as he desire.
Ur Relative cannot chg evidence, or affect justice.
Law is clear, that [unless u r Judge,] u can file VP of ur Relative & can plead for them .
Ramasamy
(Querist) 02 December 2011
Dear Experts,
I am very much grateful to all the learned Experts who have shared your valuable opinion on this crucial legal doubts.
Once again Thank you Sirs.
M/s. Y-not legal services
(Expert) 01 December 2011
