BCI Rules Do Not Bar Advocate From Representing Family Members; Prohibition Applies To Appearing Before Relative Judges: Bombay High Court
The Bombay High Court has held that the Bar Council of India Rules do not prohibit an advocate from representing his or her own family members in legal proceedings. The Court observed that Rule 6 of the Standards of Professional Conduct and Etiquette merely prohibits an advocate from appearing before a court, tribunal or authority where a relative is a member of that adjudicatory body, and...
The Bombay High Court has held that the Bar Council of India Rules do not prohibit an advocate from representing his or her own family members in legal proceedings. The Court observed that Rule 6 of the Standards of Professional Conduct and Etiquette merely prohibits an advocate from appearing before a court, tribunal or authority where a relative is a member of that adjudicatory body, and cannot be construed as a bar against representing relatives as clients.
Justice Rajesh S. Patil was hearing a writ petition challenging an appellate court's refusal to permit production of additional documents in an eviction dispute based on the landlord's alleged availability of alternative residential properties. During the hearing, an ancillary objection was raised regarding the appearance of an advocate on behalf of a family member.
Counsel for one of the respondents relied upon Rule 6 of the Bar Council of India Standards of Professional Conduct and Etiquette, framed under Section 49(1)(c) of the Advocates Act, 1961, and submitted that the Rule merely prohibits an advocate from appearing before a court, tribunal or authority where a specified relative is a member of that adjudicatory body. The petitioner's counsel, however, contended that the Rule barred advocates from appearing for their own family members altogether.
Rejecting the objection, the Court held that a reading of Rule 6 shows that the prohibition is confined to situations where an advocate appears before a court, tribunal or authority in which one of the advocate's specified relatives is a member. It does not prohibit an advocate from representing his or her own family members in legal proceedings.
“… it bars an advocate from appearing in any Court Tribunal or authority where his relative as mentioned therein, is a part of the Court, Tribunal or Authority,” the Court observed.
Accordingly, the Court rejected the objection raised by the petitioner's counsel.
Case Title: Maheshkumar B. Patel v. Mr. Laxmikant Murlidhar Sharma (Since Deceased) through LRs. Sunil Laxmikant Sharma [Writ Petition No. 1382 of 2019]