Regarding the lawyer.
Pallavi Jawale
(Querist) 22 February 2013
This query is : Resolved
Sir,
If there is a dispute in the family and one of the family member is a lawyer can he represent his family in the court.
Supposse there are two sister and there is a dispute in the family of one sister and other sister is lawyer can she represent her in the court.
prabhakar singh
(Expert) 22 February 2013
Like every one a lawyer has also right to represent him/her/self but s/he should avoid in name of decency of a practitioner.
R.K Nanda
(Expert) 22 February 2013
yes, she can.
Raj Kumar Makkad
(Expert) 23 February 2013
She an definitely represent as if she is her client.
Anirudh
(Expert) 23 February 2013
In that case she cannot represent as a 'lawyer' as a party in person. The party in person, though may be a lawyer, while appearing in one's own case cannot wear the Advocate's robes, as in the said situation/case the person is not representing anybody in the capacity of a lawyer, but as a party in person.
The answer of Mr. Makkad that 'she can definitely represent as if she is her client' is not legally correct.
Raj Kumar Makkad
(Expert) 28 February 2013
Mr. Anirudh! Can you please cite the relevant judgment or BCI rules governing the issue which may legally restrict her to represent as a lawyer?
Anirudh
(Expert) 28 February 2013
Dear Mr. Makkad,
On the contrary, you please give me an instance where a person can give Power of Attorney to himself.
Anirudh
(Expert) 28 February 2013
Dear Mr. Makkad,
I need to clarify my original understanding of the query and my answer.
I understood the original query as though there is a dispute between two sisters in a family. One of the sisters is a lawyer. Therefore whether that sister can act as a lawyer for herself. Having understood the query thus, I said that the sister (though a lawyer) being one of the parties to the dispute/case can appear only as a 'party in person' and not as an Advocate for herself.
BUT, I AGAIN GAVE A CAREFUL READING OF THE QUERY which reads: Supposse there are two sister and there is a dispute in the family of one sister and other sister is lawyer can she represent her in the court.
Now, it transpires that the other sister who is a lawyer is not a party to the case, but only wants to represent her other sister who is a party to the case. In that scenario, the other sister, who is a 'lawyer' can definitely act as an Advocate for her other sister and represent the other sister's case. [I THINK YOUR ANSWER IS IN THAT CONTEXT, WHICH IS PERFECTLY CORRECT.]
You will appreciate that my answer is correct in the context in which I understood the query. That is why, I again asked you to cite an instance where a person can grant POA to himself.
While you will appreciate that my answer in the way I understood the query was correct,
I also equally say that your answer is also absolutely correct, since the sister who is a lawyer is not appearing for herself, but only for her sister.
