Advocate - father of daughter
Nayan
(Querist) 13 October 2016
This query is : Resolved
Hi Dear All,
My query is that can a father be present as an advocate of her daughter in the matter of 13(1) as an opponent party?
Than how can i call him (to advocate) as my witness?
Ms.Usha Kapoor
(Expert) 14 October 2016
A father can represent in court as his daughter's advocate. No bar as such.IN case of witness calling he can call his daughter as my witness.If you appreciate this answer please click the thank you button on my profile.
P. Venu
(Expert) 14 October 2016
Professional etiquette requires the advocates to avoid appearing in matters where he/she could be a potential witness.
Guest
(Expert) 14 October 2016
An Advocate Could Represent the Cases of his/her Relatives.The Rule is Advocate should not be a Relative to Honorable Judge/Presiding Officer in the Particular Court.
Kumar Doab
(Expert) 14 October 2016
RULES ON AN ADVOCATE’S DUTY TOWARDS THE COURT
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.
http://www.barcouncilofindia.org/about/professional-standards/rules-on-professional-standards/
Kumar Doab
(Expert) 14 October 2016
49. General power of the Bar Council of India to make
rules.—3[(1)] The Bar Council of India may make rules for
discharging its functions under this Act, and, in particular, such
rules may prescribe—
(c) the standard of professional conduct and etiquette to be
observed by advocates;
http://www.barcouncilofindia.org/wp-content/uploads/2010/05/Advocates-Act1961.pdf
Kumar Doab
(Expert) 14 October 2016
BAR COUNCIL OF INDIA
RULES
(UNDER THE ADVOCATES ACT, 1961)
PART VI
Chapter II. Standards of Professional Conduct and
Etiquette
6. An advocate shall not enter appearance, act, plead or practise in any way before a court, Tribunal or Authority mentioned in Section 30 of the Act, if the sole or any member thereof is related to the advocate as father, grandfather, son, grand-son, uncle, brother, nephew, first cousin, husband, wife, mother, daughter, sister, aunt, niece, father-in-law, mother-in-law, son-in-law, brother-in-law daughter-in-law or sister-in-law.
http://lawmin.nic.in/la/subord/bcipart6.htm
http://www.barcouncilofindia.org/wp-content/uploads/2010/05/BCIRulesPartItoIII.pdf
Rajendra K Goyal
(Expert) 14 October 2016
Expert Kumar Doab has referred the relative provisions, can be benefited for this academic query, with out related material facts.
Guest
(Expert) 14 October 2016
Please Refer to the Decision of Honourable Judge V.Venkateswararao in the Case of Advocate Allipilli Ravi who was appearing for his Mother Allipilli Lakshmi in the case filed by her seeking justice after her husband illegally removed her name from Service Records.Honourable Justice turning down the objection of the husband's advocate said that BCI rule was Not Applicable to the Case and the Bar on the Advocate was on appearing in a case if the Judge Or the Presiding Officer was related to him or her.The Decision would make it Clear to general public that an Advocate could appear for his or her family members in a Case.
P. Venu
(Expert) 14 October 2016
Yes, the relative could appear as advocate, but he/she should not be could not a witness as well in the same matter.
Dr J C Vashista
(Expert) 17 October 2016
Very well explained and advised by expert Mr. Kumar Doab, I appreciate.Generally the witness should (not must)be other than counsel for the litigant.
However, it is the legal perception which differ in practice.
The lawyer(s) interpret (manipulate)the law suiting to their personal (sometimes client's)interest.
Guest
(Expert) 17 October 2016
The Word" Interpret" with the word" Manipulate" as Meaning would be a" Contempt of Court " in the open Forum Since it is the Decision of Honorable Judges
P. Venu
(Expert) 17 October 2016
It is my considered opinion this august forum offers more than sufficient space for the experts to express their views without stepping into the toes of as well other experts as well the author. the integrity and majesty of this of this forum, to which we are fortunate enough to recognised as experts, requires that we need not, and should not, be judgmental of the author or other experts. And this is not a difficult task if we are able to confine ourselves to the legal elements of the issue or the problem raised.
Guest
(Expert) 17 October 2016
Well advised by expert Mr.P.Venu
Rajendra K Goyal
(Expert) 17 October 2016
Agree with the comments from expert P. Venu.
Guest
(Expert) 17 October 2016
Good discussion on academic question of the author.
