Advocate appearance
Mugundhan
(Querist) 05 April 2013
This query is : Resolved
Dear experts, an advocate has signed a document as a scribe. Later if a dispute arises with regard to the property mentioned in the document, whether he can appear as advocate for his party?
ajay sethi
(Expert) 05 April 2013
what is nature of document signed by advocate?
R.K Nanda
(Expert) 05 April 2013
what is document?
Rajeev Kumar
(Expert) 05 April 2013
What is the document signed by advocate.
prabhakar singh
(Expert) 05 April 2013
All of first any advocate should not ascribe any deed so as to become it's witness.He is expected to draft it and get it typed.
Secondly,when an advocate has signed a document as scribe thereof he can not and should not appear to conduct the case on behalf of any of parties because it is well known to him he may be called as witness.
READ BAR COUNCIL RULES IN THIS REGARD.
Mugundhan
(Querist) 06 April 2013
It's a Sale deed.
prabhakar singh
(Expert) 06 April 2013
You can not appear to represent any party to the deed.
Read Bar council rule 3 under heading:
RULES ON AN ADVOCATE’S DUTY TOWARDS THE CLIENT
3. Not appear in matters where he himself is a witness
An advocate should not accept a brief or appear in a case in which he himself is a witness. If he has a reason to believe that in due course of events he will be a witness, then he should not continue to appear for the client. He should retire from the case without jeopardising his client’s interests.
ajay sethi
(Expert) 06 April 2013
agree with prabhakar singhji
Raj Kumar Makkad
(Expert) 06 April 2013
There is no bar to represent the parties involved by that document as a lawyer but as soon as he is called as a witness in that suit, he shall have to leave that suit being represented as a lawyer as clearly mentioned in Advocate Act, 1961.
prabhakar singh
(Expert) 06 April 2013
Rules are ethics of practice.It depends on a particular advocate of which type of personality he is.When he is addict to exposure he should go only when he finds helpless otherwise to maintain decorum and decency he must not appear.
