Under what circumstances an advocate may refuse to appear on behalf of the party?

When an advocate may refuse to accept a brief?

An advocate is bound to accept any brief in the courts or tribunals, at a fee consistent with his standing at the Bar and the nature of the case. The Rules provide for a lawyer refusing to accept a particular brief in “special circumstances”.

What are the circumstances under which an advocate should not plead in a court?

An advocate should not enter appearance, act, plead or practice in any way before a judicial authority if the sole or any member of the bench is related to the advocate as father, grandfather, son, grandson, uncle, brother, nephew, first cousin, husband, wife, mother, daughter, sister, aunt, niece, father-in-law, …

When should a lawyer be disqualified from representing a party?

The basis for a motion to disqualify opposing counsel is generally that a conflict of interest exists because that attorney has previously represented the client, and as a result of that representation gained confidential information which could be used to harm the former client’s interests in the case.

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Which among the following is an advocate not prohibited from doing?

An advocate shall not solicit work or advertise, either directly or indirectly, whether by circulars, advertisements, touts, personal communications, interviews not warranted by personal relations, furnishing or inspiring newspaper comments or producing his photographs to be published in connection with cases in which …

Can a advocate fight his own case?

The law provides for party to present his case which is called as “Party in Person”. On that principle the lawyer can conduct his own case. … no sir either party in person or with lawyer both are not applicable .

What can an advocate not do?

An advocate will not: give you their personal opinion. solve problems and make decisions for you. make judgements about you.

What are the general duties of an advocate?

it is the duty of the advocate to maintain the decorum of the court and act properly with his opponents or colleagues. He must always act in the best interests of his clients and should not do any kind of act that betrays their trust upon him.

What is the punishment of advocates for misconduct?

Suspend the advocate from practice for such periods as it may deem fit. (4) Where an advocate is suspended from practice under clause (c) of sub section (3) he shall, during the period of suspension, be debarred from practicing in any court or before any authority or person in India.

What is a disqualifying conflict of interest?

Under the Act, a public official has a disqualifying conflict of interest in a governmental decision if it is foreseeable that the decision will have a financial impact on his or her personal finances or other financial interests.

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Can you be a lawyer with a felony?

The short answer is yes! A convicted felon can become licensed to practice law, though not in all states. As of 2015, only three states and one territory outright ban convicted felons from ever becoming lawyers: Kansas, Mississippi, Texas, and the Northern Mariana Islands.

Can a lawyer act as a witness?

(b) A lawyer may act as advocate in a trial in which another lawyer in the lawyer’s firm is likely to be called as a witness unless precluded from doing so by Rule 1.7 or Rule 1.9.