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| ADVOCATE’S DUTY TOWARDS THE COURT |
1. Act in a dignified manner
During the presentation of his case and also while acting
before a court, an advocate should act in a dignified manner. He should at all
times conduct himself with self-respect. However, whenever there is proper
ground for serious complaint against a judicial officer, the advocate has a
right and duty to submit his grievance to proper authorities.
2. Respect the court
An advocate should always show respect towards the court. An
advocate has to bear in mind that the dignity and respect maintained towards
judicial office is essential for the survival of a free community.
3. Not communicate in private
An advocate should not communicate in private to a judge
with regard to any matter pending before the judge or any other judge. An
advocate should not influence the decision of a court in any matter using
illegal or improper means such as coercion, bribe etc.
4. Refuse to act in an illegal manner towards the opposition
An advocate should refuse to act in an illegal or improper
manner towards the opposing counsel or the opposing parties. He shall also use
his best efforts to restrain and prevent his client from acting in any illegal,
improper manner or use unfair practices in any mater towards the judiciary,
opposing counsel or the opposing parties.
5. Refuse to represent clients who insist on unfair means
An advocate shall refuse to represent any client who insists
on using unfair or improper means. An advocate shall excise his own judgment in
such matters. He shall not blindly follow the instructions of the client. He
shall be dignified in use of his language in correspondence and during
arguments in court. He shall not scandalously damage the reputation of the
parties on false grounds during pleadings. He shall not use unparliamentary
language during arguments in the court.
6. Appear in proper dress code
An advocate should appear in court at all times only in the
dress prescribed under the Bar Council of India Rules and his appearance should
always be presentable.
7. Refuse to appear in front of relations
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, mother-in-law, son-in-law,
brother-in-law daughter-in-law or sister-in-law.
8. Not to wear bands or gowns in public places
An advocate should not wear bands or gowns in public places
other than in courts, except on such ceremonial occasions and at such places as
the Bar Council of India or as the court may prescribe.
9. Not represent establishments of which he is a member
An advocate should not appear in or before any judicial
authority, for or against any establishment if he is a member of the management
of the establishment. This rule does not apply to a member appearing as “amicus
curiae” or without a fee on behalf of the Bar Council, Incorporated Law Society
or a Bar Association.
10. Not appear in matters of pecuniary interest
An advocate should not act or plead in any matter in which
he has financial interests. For instance, he should not act in a bankruptcy
petition when he is also a creditor of the bankrupt. He should also not accept
a brief from a company of which he is a Director.
11. Not stand as surety for client
An advocate should not stand as a surety, or certify the
soundness of a surety that his client requires for the purpose of any legal
proceedings.
RULES ON AN ADVOCATE’S DUTY TOWARDS THE CLIENT
1. Bound to accept briefs
An advocate is bound to accept any brief in the courts or
tribunals or before any other authority in or before which he proposes to
practise. He should levy fees which is at par with the fees collected by fellow
advocates of his standing at the Bar and the nature of the case. Special
circumstances may justify his refusal to accept a particular brief.
2. Not withdraw from service
An advocate should not ordinarily withdraw from serving a
client once he has agreed to serve them. He can withdraw only if he has a
sufficient cause and by giving reasonable and sufficient notice to the client.
Upon withdrawal, he shall refund such part of the fee that has not accrued to
the client.
3. Not appear in matters where he himself is a witness
An advocate should not accept a brief or appear in a case in
which he himself is a witness. If he has a reason to believe that in due course
of events he will be a witness, then he should not continue to appear for the
client. He should retire from the case without jeopardising his client’s
interests.
4. Full and frank disclosure to client
An advocate should, at the commencement of his engagement
and during the continuance thereof, make all such full and frank disclosure to
his client relating to his connection with the parties and any interest in or
about the controversy as are likely to affect his client’s judgement in either
engaging him or continuing the engagement.
5. Uphold interest of the client
It shall be the duty of an advocate fearlessly to uphold the
interests of his client by all fair and honourable means. An advocate shall do
so without regard to any unpleasant consequences to himself or any other. He
shall defend a person accused of a crime regardless of his personal opinion as
to the guilt of the accused. An advocate should always remember that his
loyalty is to the law, which requires that no man should be punished without
adequate evidence.
6. Not suppress material or evidence
An advocate appearing for the prosecution of a criminal
trial should conduct the proceedings in a manner that it does not lead to
conviction of the innocent. An advocate shall by no means suppress any material
or evidence, which shall prove the innocence of the accused.
7. Not disclose the communications between client and
himself
An advocate should not by any means, directly or indirectly,
disclose the communications made by his client to him. He also shall not
disclose the advice given by him in the proceedings. However, he is liable to
disclose if it violates Section 126 of the Indian Evidence Act, 1872.
8. An advocate should not be a party to stir up or instigate
litigation.
9. An advocate should not act on the instructions of any
person other than his client or the client’s authorised agent.
10. Not charge depending on success of matters
An advocate should not charge for his services depending on
the success of the matter undertaken. He also shall not charge for his services
as a percentage of the amount or property received after the success of the
matter.
11. Not receive interest in actionable claim
An advocate should not trade or agree to receive any share
or interest in any actionable claim. Nothing in this rule shall apply to stock,
shares and debentures of government securities, or to any instruments, which
are, for the time being, by law or custom, negotiable or to any mercantile
document of title to goods.
12. Not bid or purchase property arising of legal proceeding
An advocate should not by any means bid for, or purchase,
either in his own name or in any other name, for his own benefit or for the
benefit of any other person, any property sold in any legal proceeding in which
he was in any way professionally engaged. However, it does not prevent an
advocate from bidding for or purchasing for his client any property on behalf
of the client provided the Advocate is expressly authorised in writing in this
behalf.
13. Not bid or transfer property arising of legal proceeding
An advocate should not by any means bid in court auction or
acquire by way of sale, gift, exchange or any other mode of transfer (either in
his own name or in any other name for his own benefit or for the benefit of any
other person), any property which is the subject matter of any suit, appeal or
other proceedings in which he is in any way professionally engaged.
14. Not adjust fees against personal liability
An advocate should not adjust fee payable to him by his
client against his own personal liability to the client, which does not arise
in the course of his employment as an advocate.
15.An advocate should not misuse or takes advantage of the
confidence reposed in him by his client.
16.Keep proper accounts
An advocate should always keep accounts of the clients’
money entrusted to him. The accounts should show the amounts received from the
client or on his behalf. The account should show along with the expenses
incurred for him and the deductions made on account of fees with respective
dates and all other necessary particulars.
17. Divert money from accounts
An advocate should mention in his accounts whether any
monies received by him from the client are on account of fees or expenses
during the course of any proceeding or opinion. He shall not divert any part of
the amounts received for expenses as fees without written instruction from the
client.
18. Intimate the client on amounts
Where any amount is received or given to him on behalf of
his client, the advocate must without any delay intimate the client of the fact
of such receipt.
19. Adjust fees after termination of proceedings
An advocate shall after the termination of proceedings, be
at liberty to adjust the fees due to him from the account of the client. The
balance in the account can be the amount paid by the client or an amount that
has come in that proceeding. Any amount left after the deduction of the fees
and expenses from the account must be returned to the client.
20. Provide copy of accounts
An advocate must provide the client with the copy of the
client’s account maintained by him on demand, provided that the necessary
copying charge is paid.
21. An advocate shall not enter into arrangements whereby
funds in his hands are converted into loans.
22. Not lend money to his client
An advocate shall not lend money to his client for the
purpose of any action or legal proceedings in which he is engaged by such
client. An advocate cannot be held guilty for a breach of this rule, if in the
course of a pending suit or proceeding, and without any arrangement with the
client in respect of the same, the advocate feels compelled by reason of the
rule of the Court to make a payment to the Court on account of the client for
the progress of the suit or proceeding.
23. Not appear for opposite parties
An advocate who has advised a party in connection with the
institution of a suit, appeal or other matter or has drawn pleadings, or acted
for a party, shall not act, appear or plead for the opposite party in the same
matter.
RULES ON ADVOCATE’S DUTY TO OPPONENTS
1. Not to negotiate directly with opposing party
An advocate shall not in any way communicate or negotiate or
call for settlement upon the subject matter of controversy with any party
represented by an advocate except through the advocate representing the
parties.
2. Carry out legitimate promises made
An advocate shall do his best to carry out all legitimate
promises made to the opposite party even though not reduced to writing or
enforceable under the rules of the Court.
RULES ON AN ADVOCATE’S DUTY TOWARDS FELLOW ADVOCATES
1. Not advertise or solicit work
An advocate shall not solicit work or advertise in any
manner. He shall not promote himself by circulars, advertisements, touts,
personal communications, interviews other than through personal relations,
furnishing or inspiring newspaper comments or producing his photographs to be
published in connection with cases in which he has been engaged or concerned.
2. Sign-board and Name-plate
An advocate’s sign-board or name-plate should be of a
reasonable size. The sign-board or name-plate or stationery should not indicate
that he is or has been President or Member of a Bar Council or of any
Association or that he has been associated with any person or organisation or
with any particular cause or matter or that he specialises in any particular
type of work or that he has been a Judge or an Advocate General.
3. Not promote unauthorized practice of law
An advocate shall not permit his professional services or
his name to be used for promoting or starting any unauthorised practice of law.
4. An advocate shall not accept a fee less than the fee,
which can be taxed under rules when the client is able to pay more.
5. Consent of fellow advocate to appear
An advocate should not appear in any matter where another
advocate has filed a vakalt or memo for the same party. However, the advocate
can take the consent of the other advocate for appearing.
In case, an advocate is not able to present the consent of
the advocate who has filed the matter for the same party, then he should apply
to the court for appearance. He shall in such application mention the reason as
to why he could not obtain such consent. He shall appear only after obtaining
the permission of the Court.
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