
The answer is yes. However this comes with a condition which is found in the Rule framed by the Bar Council of India. The same reads thus
SECTION II – DUTY TO THE CLIENT
13. An Advocate should not accept a brief or appear in a case in which he has reason to believe that he will be a witness and if being engaged in a case, it becomes apparent that he is a witness on a material question of fact, he should not continue to appear as an Advocate if he can retire without jeopardising his client’s interests.
At appellate stage this issue will not arise. However, in most of the relatives cases involving matrimonial disputes, partition, domestic violence etc, emotions fly high. If an unsavory comment is made against parents or close relatives it creates emotional turmoil and the possibility of the lawyers getting enraged is common. Hence, it is advisable to engage a friend lawyer in such circumstances.
S. Basavaraj, Member, Karnataka State Bar Council
This article about an advocate representing his own family members in a court of law was very relevant to my practice as I am handling lot many cases pertaining to near and dear ones only.
Also, I totally agree with the reasons made out in the article about the emotions running high. It so happened that I was provoked by the acts of the opposite party against my aunt being heard before a senior judge in a Rural court.
My only concern is whether ana advocate act as an advocate on his own behalf.
I am given to understand that one can appear as a party in person onto oneself.
But can an advocate wear the lawyers attire as enacted in the Advocates act while conducting his own case.
Kindly clarify this position.
Thanking you.
Yours faithfully,
Srikanteshwar Advocate Bangalore City.
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