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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?


Learning

 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

Shardul Dev (Advocate)     30 November 2008

Is there any case law on the point?

Shardul Dev (Advocate)     30 November 2008

Can u pla provide any case law?


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