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Can advocate become witness if whom he is representing is death


01-Mar-2023 (In Civil Law)
Sir, Can advocate become witness as he represents one originoal plaintiff who died during the pendency of case. Cousel being his relatives but presently retired.
Answers (1)

Answer #1
679 votes
1. The communication made between a lawyer and his client in connection with case is privileged communication which can't be considered by court.
2. However a person who is professionally an advocate can depose in court provided he didn't professionally handle the case.
3. In your case the role of the advocate is limited to 2nd situation and hence can testify.

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