Legal notice

Dear Querist,

For an advocate to send a legal notice to the RWA of the society he is a resident of hence, he is not competent to send a legal notice as mentioned section 49(1)(c) of the Advocates Act, 1961.

An advocate can’t represent an establishment he/she is a part of. This rule does not apply to a member appearing as “amicus curiae” or without a fee on behalf of the Bar Council, Incorporated Law Society or a Bar Association.

Regards,

Palak

Sirs, Rule  8 Part VI Governing Advocates Chapter II of the Advocates Act 1961 restricts the Advocate not to appear before the Court either for or against on behalf of the establishment IF HE IS A MEMBER OF THE MANAGEMENT whether it is called Executive Committee or some other name. My Advocate friend is not the Member of the Management and hence why not take up a case of co-owner against the Manaement of the RWA. Here, the Advocate although being a resident of the same Apartment of the building complex, he is an independent person on the legal profession. Why shoud he lose the client? I give below the extract of the provision of the Act.

8. An advocate shall not appear in or before any court or tribunal or
any other authority for or against an organisation or an institution,
society or corporation, if he is a member of the Executive Committee
of such organisation or institution or society or corporation.
“Executive
Committee ”, by whatever name it may be called, shall include any
Committee or body of persons which, for the time being, is vested
with the general management of the affairs of the organisation or
institution, society or corporation.

If i am a member of my society RWA as a owner and my Son is an advocate. 

Can my Son represent my case in court??