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can advocate plead the case of his relative


please refer to bar council of india rule (Chapter II, Part VI of the BCI Rules)

website http://www.barcouncilofindia.org/disjuris/rules-standard-prof.php

section 1 para 6 says

"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."

is this means that an advocate can not plead the case of client who 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."

Please confirm

 

 
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Advocate, Chennai

An advocate pleading the case should not be a relative to the Judge presiding the Court Or a Division Bench consisting of more than two Members (one of whom is a relative Judge of the Advocate pleading). It does not apply to advocates vis-a-vis their relatives. An advocate can plead for his near/far relatives. The rule may be properly understood.

 
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Law practiece

Why not, an advocate plead his own case, then he can also plead the cases of his relatives.

 
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Lawyer

when an emotional aspect is involved, it makes us to loose our cool and thereby commit mistakes. That's why it is better for advocates to avoid from appearing as party in person and it is also better not to appear for close relatives.

 
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The case law given below prohibits lawyer from defending relatives cause. I think this case law affects right to profession and once right of choosing lawyer own choice.

 

High Court on its own Motion ...Petitioner Versus Mr.N.B.Deshmukh,

 

Case law: states that

Harishankar Rastogi vs Girdhari Sharma And Anr

( Permission to be represented by another person who is not an Advocate)

 
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Dear all,

 

I am not clear. Just let me know can an advocate plede his close relatives.

 
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Advocate/Attorney

Yes, an Advocate can plead his own relative.  But the rule is that the Advocate should not be relative to the Judge/preciding officer. 

 
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The question was left unanswered by hon`ble high court in Ho`ble high court on its own motion vs N.B. Deshmukh 21 dec 2010. No opinion was shared by the ho`ble court and ball was left in the court of Bar council ...However  when advocate appears in a case where he himself is the litigant ,he has to take off his robes. and contest like an ordinary litigant.

 

 

 
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My father is a litigant in a civil case. Can I plead his case. I am his son

 

Nitin Gupta Advocate

 
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