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Shree. ( Advocate.)     11 March 2008

Can a lawyer appear in a matter in which he is interested?

Can a lawyer appear in a matter in which he is interested?
Because detachment and objectivity are the basis of strength of the bar, the Bar Council Rules prescribe that an advocate must not act or plead in any matter in which he is himself pecuniarily interested. In view of the same an agreement between the lawyer and client making the payment of the lawyer's fees conditional upon the success of the suit itself is not allowed by the rules. Such an agreement has always been condemned as unworthy of the legal profession and is opposed to the fundamental rule of professional ethics.

An advocate is prohibited from appearing in or before any court, tribunal or authority, for or against an organisation, institution, society or corporation, if the advocate is a member of the executive committee vested with the general management of the affairs such organisation or institution or society or corporation. However, this restriction does not apply to such a member appearing as amicus curiae or without a fee in matters affecting the affairs of a bar council, an incorporated law society or a bar association.


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 2 Replies

Rajendran Nallusamy (Advocate)     12 March 2008

Thanks for the info

SANJAY DIXIT (Advocate)     17 March 2008

Thanks for the information.

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