Whether non enrolled legal professional represent a client in a court?

Zefran Shaikh (Querist) 01 March 2014 This query is : Resolved
Hi, my dad's friend is a legal professional in Mumbai but he is not practicing as he has not enrolled in bar council.

He is working with MNC as legal officer. We have to file a case against a broking firm for not settling our bills on time.

can he represent us through a power of attorney in the court. We want him to fight our case as he has excellent legal knowledge about capital markets and law of securities and fees would also be less since he is our family friend.

Can he represent us in the court through a POA?

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R.K Nanda (Expert) 01 March 2014
no is the answer.

prabhakar singh (Expert) 01 March 2014
True your father is not entitled to practice cases in courts BUT in the peculiar circumstances of this particular case he may be allowed to do so for this case.Courts do have such discretion.

Anirudh (Expert) 01 March 2014
Your father's friend (who has not enrolled himself as an Advocate) will not be permitted by the Court to represent your father.
At best on the basis of POA that may be granted by your father in favour of his friend, your father's friend can only present / file papers before the Court. BUT HE CANNOT MAKE AN APPEARANCE AND ARGUE ON BEHALF OF YOUR FATHER. That has to be done either by your father himself in person, or through an Advocate.

prabhakar singh (Expert) 01 March 2014
It appears i misread your query.Your fathers friend can not represent and plead your family case in court even on the basis of a POA is correct.

Guest (Expert) 01 March 2014
Since You say that your dad's friend possess excellent knowledge regarding this particular case he could very well appoint an advocate of his choice and could assist him in all aspects for a good result.

Rajendra K Goyal (Expert) 01 March 2014
Your fathers friend can not represent any other person in court with out having enrollment as advocate.

Zefran Shaikh (Querist) 01 March 2014
ok thanks to all of you ..... The main problem is that there is not even a single lawyer who understands the complexities of btst same day settlement in equity segment ....

Only top law firms have these knowledgeable advocates but they charge gruesome fees unaffordable for common men ...

People who understands this are stock market players but they don't have law degree ...

Hence we were planning to take special leave of court so my dad's friend could represent us in d court ...

Guest (Expert) 01 March 2014
Have You Filed Complaint with Sebi Scores.gov.in.Right now you could complain and you would get better results than court

Rajendra K Goyal (Expert) 02 March 2014
Cases does not involve stock market complications only but question of general law aspects also which a professional lawyer can deal. You can entrust the case to senior lawyer of the court and discuss with him about the case. Your father's friend may discuss the case with him in legal frame.

It is doubtful court would accept your request for engaging services of your dad's friend in place of a lawyer.

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