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 a 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 the 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 an 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 the
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 the 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.
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 practice. He should levy fees that are 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 jeopardizing his client’s interests.
4. Full and frank
disclosure to the 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 the 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 does not lead to the 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 the 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 take 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 a 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 a 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.
Advocate’s Duty Towards the 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.
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
unauthorised 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 an application mention the reason as to why he could not obtain such
consent. He shall appear only after obtaining the permission of the Court.
Source: Bar Council of
India
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