Shardul Dev (Advocate) 23 November 2008

Multiple role of an advocate- whether possible?

Can a person, who in an advocate, appear as-
(1) a power of attorney holder on behalf of a party, and also
(2) an advocate to conduct the same case, and also
(3) a witness -
in a civil suit for injunction, restitution wherein the concerned party comprises of his family members and the suit is his family matter?

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10 Replies

Vijay Kumar (Advocate) 23 November 2008

Only in one cpacity.

M. PIRAVI PERUMAL (Advocate & Consumer Rights) 24 November 2008

Dev, When you get a power of attorney in your favour you are entitled to conduct a case. As a power agent (an advocate by profession) you can conduct the case yourself. As power agent you have depost before the Court of Law. The question/query lacks bonafide.

Kiran Kumar (Lawyer) 25 November 2008

only one capacity u can hold.

its highly advisable dont be personal about the cases....act like a lawyer or a true witness. if appearing as a witness then can not appear as a lawyer in the same case.

prof s c pratihar (medical practitioner &legal studies) 25 November 2008

professionalism does not allow you you like JUCKILE AND DR HYDE--- is the meaning of mr kiron kumar's advice.

G. ARAVINTHAN (Legal Consultant / Solicitor) 25 November 2008

might be a witness in has case, but can only be in role as party in person.

Rajan Salvi (Lawyer) 26 November 2008

Mr Pratihar, it is ' Dr. Jekyl and Mr Hyde'

Rajan Salvi (Lawyer) 26 November 2008

I am sorry Jekyl is with double 'L' i.e. Jekyll

Sushil Kumar Bhatia (Advocate) 27 November 2008

First to read Advocate Act carefully you should aviod to be a Power of attorney of your client nor to be witness ,when a client has signed a vakalatnama and appoint an advocate itself a wide acts given to an advocate