IQBAL (PRIVATE JOB) 21 March 2026

Advocate representation between brothers in same case

Respected Sir,

Kindly guide on the best legal strategy in a property dispute case where D3 and D5, both are brothers. D5 is a registered advocate in the same court. Can D5 act as advocate for D3 and file D3's Written Statement, since both agree on the defence and want to maintain a consistent reply? What is the smartest, simplest, and legally safe way to handle this so the WS is properly recorded, there is no conflict issue, and future complications are avoided? WS will be filed online through efiling.

Thanks,

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5 Replies

T. Kalaiselvan, Advocate (Advocate) 21 March 2026

D3 can adopt the written statement filed by D5 if both are coordinating with each other, as the aadvocate is a parftyh to the same suit, he cannot appear on behalf of another party of the same case.

There are professional ethics and procedural risks that can create future complications.

An advocate should not act as counsel in a case where he is also a party, especially if his personal interest is involved, or he may become a witness, or there is a conflict of interest.

IQBAL (PRIVATE JOB) 21 March 2026

Thanks for reply.
What about D5 as an advocate can submit his own WS in the same case in which he himself is defendent or not?
If yes, advocate can submit his WS as an advocate in the smae case in which he is defendent, good. but
If not, then he should hire another advocate?