Duties of Advocate

Duties of Advocate

1. A) AN ADVOCATE’S DUTY TOWARD THE COURT
2. 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 toward the opposition

An advocate should refuse to act in an illegal or improper manner toward 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]

 Duty to Public and State

It is the primary duty of an Advocate that he should uphold the Constitution, help in the maintenance of Rule of Law. He should promote the advancement of justice and assist in the enforcement of the fundamental rights of the people.

1. Duty of Respect

The first and foremost duty of an advocate is to be always respectful to the Court. The Advocate must be bold, fearless and independent in the Court and at the same time he must not be disrespectful to the Court and the Judge.

2. Duty to Attend the Hearing

A legal practitioner should attend the hearing of the case throughout. He should not leave the Court without the permission of the Court to do so. An Advocate has to attend to a number of hearings in a day and has to run here and there. In this regard he knows well which one of his cases in the cause list of a particular day is of utmost importance requiring his personal attendance, and so he should act accordingly.

3. Duty to Receive Judgment.

If an Advocate cannot be present personally to receive the judgment when it is being pronounced, he must at least arrange his representation in the Court.

4. Duty to Assist the Court

An Advocate must not forget that his main duty is to assist the court in the right direction and to assist it to come to the right finding. The institution of the lawyer’s profession has existed for this purpose only.

5. Duty not to Exhibit Friendship

It is very bad of a lawyer to say to his client that the Judge is his friend and/ or familiar with him, and he will weigh to his argument. Even if the Judge happens to be a fast friend of a lawyer, he owes the duty not to exhibit his familiarity with the Judge, and he must not take advantage of his personal relationship; such Ad- advocates do not enjoy the confidence of the Bar and much less eminence at the Bar. Such facts not only bring discredit to the lawyer but impair the dignity and impartiality of the Judge.

6. Duty to have Good Temper

A lawyer should never lose his temper in and outside the Court in retortion of an adverse ruling or decision pronounced by the Judge. A learned writer says, that a good temper is an inestimable advantage to a lawyer, and whatever his position be, it will carry with ease, comfort and rapidity over all obstructions to the end of his journey.

7. Duty not to Malign a Judge

Never make a statement, which may directly or indirectly malign the great office of a Judge. Never be a party to an accusation against a Judge, on the contrary a lawyer should strongly put down such things, which come to his notice.

8. Duty not to Mislead the Court

A lawyer should win the confidence of the Court and be trusted by the Judge; for this purpose, an advocate should not cite a ruling, which has been overruled, or a statute already repealed and misguide the Court.

9. Duty not to interrupt the Judge unless it becomes necessary to interrupt in the interest of justice.
10. Duty not to cross the province of a lawyer. It means the lawyer should not arrive at a decision in relation to a particular fact or law. It is the province of the Judge to take judicial notice.
11. Duty not to interrupt the opponent every now and then during the course of his argument.
12. Duty not to include a false pleading and file and affidavit that he knows to be false. The Bar council of Delhi has laid down the following duties of an Advocate to the Court which are reproduced with gratitude.
13. An Advocate shall, during the presentation of his case and while otherwise acting before a Court, conduct himself with dignity and self-respect. He shall not be servile and whenever there is a proper ground for a serious complaint against a judicial officer, it shall be his right and duty to submit his grievance to proper authorities.
14. An Advocate shall maintain towards the Courts a respectful attitude bear in mind the dignity of the judicial office is essential for the survival of a free community.
15. An Advocate shall not influence the decision of a Court by any illegal or improper means. Private communication with a Judge relating to a pending case are forbidden.

Duty to Client

The Bar Council of Delhi has laid down the following duties of an Advocate his clients, which are reproduced with gratitude:

1. An Advocate is bound to accept any brief in the courts or Tribunals or before any Authority in or before which he professes to practice at a fee consistent with his standing at the Bar and the nature of the case. He may refuse to accept a particular brief provided that his refusal is justified in special circumstances.
2. An Advocate shall not ordinarily withdraw from engagements once accepted, without sufficient cause and unless reasonable and sufficient notice is given to the client. Upon his withdrawal from a case, he shall refund such part of the fee as has not been earned.
3. An Advocate should not accept a brief or appear in a case in which he has reason to believe that he will be a witness; and if after being engaged in a case, it becomes apparent that he is a witness, he should not continue to appear as Advocate. It is his duty to retire, if he can without jeopardizing his client’s interests.
4. An Advocate should at the commencement of his engagement and during the continuance thereof, make all such full and frank disclosures 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 judgment in either engaging him or continuing engagement.
5. It shall be the duty of an Advocate, fearlessly, to uphold the interests of his client by all fair and honourable means 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 accused, bearing in mind that his loyalty is to the law which requires that no man should be convicted without adequate evidence.
6. An Advocate appearing, for the prosecution in a criminal trial shall so conduct the prosecution that it does not lead to a conviction of the innocent. The suppression of material capable of establishing the innocence of the accused shall be scrupulously avoided.
7. An Advocate shall not, directly or indirectly, commit a breach of the obligations imposed by Section 126 of the Indian Evidence Act.
8. An Advocate shall not, at any time, be a party to the fomenting (to induce) of litigation.
9. An Advocate shall not act on the instruction of any person other than his client or his authorized agent.
10. An Advocate shall not stipulate for a fee contingent on the results of litigation or agree to share the proceeds thereof.
11. An Advocate shall not buy or traffic in or stipulate for or agree to receive any share or interest in any actionable claim. Nothing in this Rule shall apply to stock, and debentures or government securities, or to any instruments, which are, for the time being, by law or custom negotiable or to any mercantile document or title to goods.
12. An Advocate shall not, directly or indirectly, bid for or purchase, either in his own name or in any other name, for his own benefit or for the benefit of any person, any property sold in the execution of a decree or order in any suit, appeal or other proceedings in which he was in any way professionally engaged. This prohibition, however, does not prevent an Advocate from bidding on or purchasing for his client any property, which his client may, himself legally bid for or purchase provided the Advocate is expressly authorized in writing on this behalf.
13. An Advocate shall not adjust fees payable to him by his client against his own personal liability to the client, which liability does not arise in the course of his employment as an Advocate.
14. An Advocate shall not do anything whereby he abuses or takes advantage of the confidence reposed in him by his client.

Duty to Opponent

• It is the duty of an advocate that he should be a fair and professional to his opponent’s counsel and to his client.
• Give, always, due respect and importance to the opposite side’s Advocate.
• He should not mislead his opposing counsel by concealing or withholding the facts.
• Interruptions amidst arguments should be avoided as far as possible. As one would not like to be interrupted, and so one should not interrupt his opposing counsel.
• All controversies should be buried underneath the Court and the relationship should not be affected outside the Court.
• One should not laugh at the argument of the opposite counsel.
• An Advocate shall not in any way communicate or negotiate upon the subject matter of controversy with any party represented by an Advocate except through that Advocate.
• 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.

Duty to the profession

Every lawyer owes the community of the legal profession in general. Some of these duties are mentioned here. duty to his professional brethren in particular and to the A lawyer has to keep up the best traditions of the Bar.

• He should not be a party to the lowering of the standard maintained by the Bar. It is bad of a lawyer to pursue the legal profession in a spirit of competition, vengeance and rivalry with professional brethren(brother).
• He should never under bid. Never keep out a brother practitioner and indulge in scandal-mongering.
• Evolve and encourage the spirit of comradeship and brotherhood in the interest of the healthy tradition of the profession.
• Bear in mind that the interest of the profession is higher than your personal interest. Always one should be respectful to his seniors and should show sympathy and kindness to irons. A lawyer should always render help generously to brethren, and one should also acknowledge the help received by him. Every member of the Bar is a trustee the honour and prestige of the profession and, so, he should always in and outside the Court maintain its dignity.
• An Advocate should at all times behave himself in a manner befitting his status as an officer of the court, a privileged member of the community, an Hon’ble member of an exalted profession and a fine gentleman.
• But he should fearlessly uphold the interests of his client, and in his conduct shall confirm (tally, adjust) to the standards of the professional conduct and etiquette of this great and noble calling.

Duty to Colleagues

1. An Advocate should not solicit work, or advertise, either directly or indirectly, whether by circulars, advertisements, touts, personal communications, inter- views not warranted by personal relations, furnishing or inspiring newspaper comments, or procuring his photograph to be published in with cases in which he has been engaged or concerned.
2. His sign-board or nameplate or stationery should not indicate that he is or has been President or Member of a Bar Council or of any Association, or organization, or with any particular cause or matter, or that he specializes in any particular type of work, or that he has been a Judge or an Advocate-General.
3. An Advocate should not permit his professional services or his name to be used in aid of the unauthorized practice of law by any law agency.
4. An Advocate should not a fee less than the fee taxable under the rules when the client is able to pay the same.
5. An Advocate should not enter an appearance in any case in which there is already an Advocate on record except with his consent.

Duty to Render Legal Aid

Every Advocate shall in the practice of the profession of law bear in mind that anyone genuinely in the need of a lawyer is entitled to legal assistance even though he cannot pay for it fully or adequately and that within the limit of an Advocate’s economic condition free legal assistance to the indigent and oppressed in one of the highest obligations an Advocate owes to society.