Surety

Guest (Querist) 25 November 2009 This query is : Resolved
Can an ADVOCATE be surety for bail of his client in a police station (W/A bailable)?
Does it amounts to misconduct?

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Kiran Kumar (Expert) 26 November 2009
well, in personal capacity a lawyer can appear as surety for any person.

but in my opinion professional ethics do not demand such a conduct, but still we can not say it to be outright misconduct.

lets c what other experts opine, I may be wrong.

Adinath@Avinash Patil (Expert) 26 November 2009
As a advocate, advocate can,t be suerity for bail of his client professional ethics do not demand such conduct.
In personal capacity he can be surity for bail for any person.

adv. rajeev ( rajoo ) (Expert) 26 November 2009
I go with the views of the learned members, but it is not good to stand as a surety to the client, whatever he may be client is client.

Raj Kumar Makkad (Expert) 26 November 2009
An action which is not desired from an Advocate, if done, shall be described as a professional misconduct same as in the given case.

Guest (Querist) 26 November 2009
Is it misconduct under Bar Council Rules?

dhiraj choudhary (Expert) 26 November 2009
not at all. but it is not desirable for an adv. to stand as surety.

Arvind Singh Chauhan (Expert) 26 November 2009
I agree with all learned members, but it is unavoidable if your friend or a poor and helpless client, who appears to be innocent, requests you to become his surety and he has no other option except you.