Advocate

Shikha (Querist) 31 March 2010 This query is : Resolved
I'm going to graduate in a few months, and I'm confused with regards to the following:-

1) After i have enrolled as an Advocate can I represent my family at court, as their attorney?

2)My involvement with some of the business owned by my family would that debar me from being en-rolled as an advocate?

Thank You in advance

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A V Vishal (Expert) 31 March 2010
1) After i have enrolled as an Advocate can I represent my family at court, as their attorney?

Ans. Yes, you can represent.

2)My involvement with some of the business owned by my family would that debar me from being en-rolled as an advocate?

Ans.An advocate who has inherited, or succeeded by survivorship to a family business may continue it, but may not personally participate in the management thereof. He may continue to hold a share with others in any business which has decended to him by survivorship or inheritance or by will, provided he does not personally participate in the management thereof.

Raj Kumar Makkad (Expert) 31 March 2010
I concur with vishal.

Shikha (Querist) 31 March 2010
you sure?
because how would the courts allow that, doesn't that open up cases where the process may be misused to harass other people.

since it would mean lesser legal fees; or practically none. and would open up ligation.

I'm just stuck because the whole does not seem to be logical.

and thank you for such a quick reply. i didn't expect it.
thank you

Parveen Kr. Aggarwal (Expert) 31 March 2010
Bar Council of India Rules

Part VI- Rules Governing Advocates
Chapter II- Standards of Professional Conduct and Etiquette
Section VII, Rule 50

"50. An advocate who has inherited, or succeeded by survivorship to a family business may continue it, but may not personally participate in the management thereof. He may continue to hold a share with others in any business which has decended to him by survivorship or inheritance or by will, provided he does not personally participate in the management thereof."

Rule 47:
"47. An advocate shall not personally engage in any business; but he may be a sleeping partner in a firm doing business provided that in the opinion of the appropriate State Bar Council, the nature of the business is not inconsistent with the dignity of the profession."