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Should a barrister be allowed to defend his family in court? Or would it be conflict of interest?

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Question ajoutée par Mohammud Syed Oomerr Khodabocus , legal counsel , Legal Consultants and Advocates
Date de publication: 2017/09/21
Agula Joseph Ogoror
par Agula Joseph Ogoror , Deputy Team Leader - Finance and Adminstration , Regional Centre for International Development Cooperation (RCIDC)

To be clear, a good Lawyer should take each case based on facts. In this case it depends if the Barister is asked to defend a family member against another memner of family. In principle a Barister can defend a family (interest) against a third party. In this case the Barister has to declar their interest in the case. However, it is best to ask a Learned Friend to represent a Family. I preffer the latter route.

Driton Qeriqi
par Driton Qeriqi , Project Coordinator , Democracy for Development

 

Well, it depends in circumstances; an attorney can defend a family member in the court in relation with the third parties. However, it is not preferable to defend a family member in a case-law agonist another family member   

 

Gayasuddin Mohammed
par Gayasuddin Mohammed , Advocate , Practicing Law before High Court at Hyderabad

I think, he/she being a barrister can defend his family in court.

Ultimately, court weighs the evidence and the arguments based on the facts, circumstances of the case and law applicable to the case. So it will not cause any prejudice to any of the parties and nor it will be of any conflict of interest.

Conflict of interest comes into the picture when the Advocate/barrister was already represented one of the parties prior and he/she is going to appear on behalf of the other side party in the present case, is where this question of "conflict of interest" comes into the picture.

My 2 cents. Thanks. 

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