Professional Conduct--Co-Accused Advocate Appearing for Another Accused--Rule 13 BCI Rules Does Not Bar Co-Accused Advocate from Acting as Counsel
Rule 13 of the Bar Council of India Rules does not prohibit a co-accused advocate from appearing as counsel for another accused. The rule, falling under "Duty to Client," merely restrains an advocate from accepting a brief where he has reason to believe he may be called as a witness on material questions of fact. Appearing as counsel for a co-accused does not, by itself, constitute fraud upon the court or professional misconduct under Section 35 of the Advocates Act.
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