Can an advocate represent his family members case in court or someone in the blood relation?

Response

An advocate has to follow certain rules apart from that he is not liable for anything else.

Section 49 of the Advocates Act, 1961 mention the rules.

An advocate should act in a dignified manner whether during the presentation of his case or while acting before a court.

The conduct of the advocate should always show the self-respect to the court.

However, the advocate has a right and duty to submit his grievance to proper authorities whenever there is proper ground for serious complaint against a judicial officer.

The respect towards the court should always be shown by the advocate.

The respect and dignity maintained towards judicial office is essential for the survival of a free community. An advocate has to bear in mind this saying.

The matter pending before a judge should not be discussed or communicated by the lawyer to either the presiding judge or any other judge in private.

An advocate should refuse to act in an improper illegal manner towards the opposing parties or the opposing counsel.

The representation of any client who insists on using unfair or improper means should be denied by the advocate.

The judgement of the advocate should be excised by him in such matters.

The instructions of the client should not be followed by the advocate blindly.

In use of his language during arguments in court and in correspondence the advocate should be dignified .

The appearance of a lawyer should always be presentable. An advocate should appear in court at all times only in the dress prescribed under the Bar Council of India Rules.

An advocate should not appear, enter, act, practice or plead in any way before a judicial authority if the sole or any member of the bench is related to the advocate by any relation which can be possible between the family.

Reference: 49(1)(c) of the Advocates Act, 1961 – 202100498-20210012-420

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