Professional ethics

Importance of legal profession in India:

What is Professional Ethics? Professional ethics means a code of rules which regulates the behaviour and
conduct of a practicing lawyer towards himself, his client, his opposite party, his counsel and of course
towards the court. Ethics means principles of behaviour which are applied to an ordinary citizen in the
society shall be the standards of morals for a lawyer too.
Professional ethics consist of those fundamental values on which the profession has been built. Legal
ethics is one of the professional ethics which lays down certain duties for the observance of its members,
which he owes to the society, to the court, to the profession, to his client and to himself.
The practicing lawyer shall have the social responsibility and dignity of the legal profession and high
standard of integrity and efficient service to his client as well as for public welfare.
Professional ethics demands not to disclose any secrets of his client or indulge in any unfair practice.

Code of Professional responsibility:

The Code of Professional Responsibility consists of three separate but interrelated parts: Canons, Ethical
Considerations, and Disciplinary Rules. The Code is designed to be both an inspirational guide to the
members of the profession and a basis for disciplinary action when the conduct of a lawyer falls below the
required minimum standards stated in the Disciplinary Rules.

Certain amendments in Advocates Act 1961 have been constructed in the light of professional ethics in
the legal profession. It comes up with various conclusions like
(i)Misconduct means “all-inclusive besides drafted in the utmost potential provocative manner.”
(ii)The license of Practice of Lawyers in India can be annulled or suspended on a complaint about his
behaviour or conduct made by a Justice or a Judicial Officer.
(iii)Advocates shall not be able to claim the security of non-receipt of fees while defending themselves
against any proceedings initiated against them.
(iv) The Bill put forward imposition of a fine of Rs. 3 lakh and cost of proceedings in a complaint filed by a
litigant against legal representatives. It addition provides for payment of compensation up to Rs. 5 lakh to
a person aggrieved by a lawyer’s transgression. It also recommends imposing a fine of Rs. 2 lakh on a
lawyer, if he does not cooperate in the disciplinary proceedings.

The Code of Professional Responsibility points the way to the aspiring and provides standards by which
to judge the transgressor. Each lawyer's own conscience must provide the touchstone against which to
test the extent to which the lawyer's actions should rise above minimum standards. But in the last
analysis it is the desire for the respect and confidence of the members of the profession and of the society
which the lawyer serves, that should provide to a lawyer the incentive for the highest possible degree of
ethical conducts. The possible loss of that respect and confidence is the ultimate sanction. So long as its
practitioners are guided by these principles, the law will continue to be a noble profession. This is its
greatness and its strength, which permit of no compromise. Code of conduct for judges An independent
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and honorable judiciary is indispensable to justice in our society. A judge should maintain and enforce
high standards of conduct and should personally observe those standards, so that the integrity and
independence of the judiciary may be preserved. The provisions of this Code should be construed and
applied to further that objective.

Conclusion
The legal profession is a profession of great honor. It has been created not for private gain but for public
good. It is not a money-making occupation but a branch of administration of justice. Since it is not a
business, a lawyer cannot solicit work or advertise either directly or indirectly. An advocate is an officer
of the Court and required to maintain towards the Court a respectful attitude bearing in mind that the
dignity of the judicial office is essential for the survival of the society. Th e Supreme Court has rightly
observed that the legal profession is a partner with the judiciary in the administration of justice.
The legal profession is not a business but a profession. It has been created by the state for the public good.

Qualifications for enrolment as an Advocate:

An advocate is basically the center of the judicial administration around which whole of the process
revolves. Both the parties involved in a case totally rely upon their respective lawyer and expect them to
get them justice. Thus it is clear that the person upon whom whole of the judicial process is based upon,
need to be capable of understanding the pros and cons of the various actions that he/she intends to take
regarding the case.

Case Study:
In Chief Executive Officer, Gujrat Meritime Board versus Patel Gandhu Bhai (AIR 1999 Gujrat 34) Gujrat
High Court said that "advocate have important place in Judicial administration. He is the most competent
person to help court in providing justice to the masses."
So overall we can say that there must be some qualifications for the enrollment of an advocate on the rolls
of state bar council. As lots of people go to an advocate, thus the person must be capable in all respects, so
that he/she can help others in real sense, as advocacy is a social service more than a profession. The word
"Advocate" is defined in Advocate's Act 1961 Section 2(1) as: "Advocate means registered in roll of
advocates under regulations of the act" and legal professional is defined in section 2(1).

Qualifications for Registration in Roll of Advocate (India): (According to Section 24 of Advocate act
1961)
 The person must be citizen of India: The first and most important condition for enrolment in
India is that the person must be citizen of India.
 The nationals of other countries can only be allowed when Indians are allowed to practice in
their country.
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 Person must have completed the age of 21 years: It is a vital condition for enrolment that the
person who wants to register must have completed the age of 21 years at the time of enrolment.
Person must be law graduate: Section 24(1)C says about it as under -
 The person who have got the degree of law from any college/university before 12 March, 1967.
 The person who have got the degree from any university recognized by Bar Council of India after
12 March, 1967.
 The person who have got degree from any university decided by Indian Rule Act 1935.

Payment of decided fees: The decided fees for the enrollment has to be paid by the candidate and if
there is any stamp fees than under Indian Stamp Act 1899, than it should also be paid.
Fulfilment of other Conditions: Other conditions that are decided by the state bar council must be
completed along with the above mentioned conditions.

Disqualifications:

Section 24(A) of the Advocate Act 1961, describes the conditions in which the person cannot be
registered.
 If the person is held guilty for crime related to moral turpitude.
 If the person is held guilty under Untouchability Act 1955.
 If the person has been dismissed from the post from employment office under state on the blame
of moral turpitude. This qualification will remain effective for 2 years from the date of removal.

Rights of an Advocate

By the virtue of sec.30 of Advocates Act, 1961, only advocates are entitled to practice law. Every advocate
whose name is entered on the state rolls has the statutory right to practice throughout the territories to
which the Advocates Act 1961 extends. An advocate may practice in all the courts including the Supreme
Court, before any tribunal or person, legally authorized to take evidence and before any other authority
or person before whom such advocate is, by or under any law for the time being in force, entitled to
practice
Advocates have sure privileges as officers of the court, for eg, even if a litigant conducts his case without
the aid of counsel, he cannot claim a right to be seated in court at an equal standing with all advocates.
Even among advocates, certain special privileges have been conferred on those holding special positions
and rankings.
A person who is not an advocate cannot claim to plead for another in court as of right. Any person, who
practices in any court or before any authority or person, in or before whom he is not entitled to practice
under the provisions of the Advocates Act 1961, will be punished with imprisonment for a term which
can be up to six months’.
Case Law: N.K.Bajpai vs Union of India & Anr on 15th march, 2012.
 Professional ethics

BAR COUNCIL OF INDIA: POWER AND FUNCTIONS:

The Bar Council of India consists of 18 Members. The Attorney General of India and the Solicitor General
of India are Ex-officio Members of the council and the other 16 Members represent the 16 State Bar
Councils in the country.
The Members are elected for a period of five years and the Chairman and Vice -Chairman are elected for a
period of two years from among the Members of the Bar Council of India.
The Bar Council further consists of various committees viz., Legal Education Committee, Disciplinary
Committee, Executive Committee, Legal Aid Committee, Advocates Welfare Fund Committee, Rules
Committee and various other Committees formed to look into specific issues arising from time to time.

FUNCTIONS OF BAR COUNCIL OF INDIA:

The Bar Council of India was established by Parliament under the Advocates Act, 1961. The following
statutory functions under Section 7 cover the Bar Council’s regulatory and representative mandate for the
legal profession and legal education in India:
1. To lay down standards of professional conduct and etiquette for advocates.
2. To lay down procedure to be followed by its disciplinary committee and the disciplinary committees of
each State Bar Council.
3. To safeguard the rights, privileges and interests of advocates.
4. To promote and support law reform.
5. To deal with and dispose of any matter which may be referred to it by a State Bar Council.
6. To promote legal education and to lay down standards of legal education. This is done in consultation
with the Universities in India imparting legal education and the State Bar Councils.
7. To recognize Universities whose degree in law shall be a qualification for enrolment as an advocate.
The Bar Council of India visits and inspects Universities, or directs the State Bar Councils to visit and
inspect Universities for this purpose.
8. To conduct seminars and talks on legal topics by eminent jurists and publish journals and papers of
legal interest.
9. To organize legal aid to the poor.
10. To recognize on a reciprocal basis, the foreign qualifications in law obtained outside India for the
purpose of admission as an advocate in India.
11. To manage and invest the funds of the Bar Council.
12. To provide for the election of its members who shall run the Bar Councils.
The Bar Council of India can also constitute funds for the following purposes:
1. Giving financial assistance to organize welfare schemes for poor, disabled or other advocates,
2. Giving legal aid, and
3. Establishing law libraries.
The Bar Council of India can also receive grants, donations, and gifts for any of these
purposes.
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With respect to the point 6, (stated above) the Supreme Court has made it clear that the question of
importing legal education is entrusted to the Universities in India and not to the Bar Council of India. All
that the Bar Council can do is to suggest ways and means to promote suck legal education to be imparted
by the Universities and for that purpose it may lay down the standards of education. Sections 7 do not
entitle the Bar Council itself to frame rules laying down pre-enrolment as Advocate.

COMMITTEES OF BAR COUNCIL OF INDIA

The Bar Council of India has various committees that make recommendations to the Council. The
members of these committees are elected from amongst the members of the Council.
The Advocates Act mandates the creation of a Disciplinary Committee (under section 9), a Legal
Education Committee, and an Executive Committee (under section 10).

LEGAL EDUCATION COMMITTEE

The Legal Education Committee consists of five members of the Bar Council of India and five co-opted
members to represent the judiciary, the Law Ministry, the University Grants Commission, and academia.
This committee makes recommendations to the Bar Council of India on all matters pertaining to legal
education in the country. The committee elects its own Chairman.
The Legal Education Committee has the power:
• To make recommendations to the Council for laying down the standards of legal education for
Universities.
• To visit and inspect Universities and report the results to the Council.
• To recommend to the Council the conditions subject to which foreign qualification in law obtained by
persons other than citizens of India may be recognised.
• To recommend to the Council for recognition of any degree in law of any University in the territory of
India.
• To recommend the discontinuance of recognition of any University already made by the Council.

DISCIPLINARY COMMITTEE:
The disciplinary committee of the Bar Council of India hears applications for revision by persons against
summary dismissal of their complaints against advocates for professional misconduct, by the State Bar
Councils.
Appeals lie before the Bar Council of India against orders of the disciplinary committees of the State Bar
Councils. Every such appeal is heard by the disciplinary committee of the Bar Council of India, which may
pass an order, including an order varying the punishment awarded by the disciplinary committee of the
State Bar Council.
Each disciplinary committee consists of three members. The term of the members of this committee is
three years.
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EXECUTIVE COMMITTEE:
The Executive Committee is the executive authority of the Council, and is responsible for giving effect to
the resolutions of the Council.
Members of the Executive Committee are elected from amongst the members of the Bar Council of India.
The committee elects its Chairman and Vice-chairman.
The Executive Committee has the power:
• To manage the funds of the Council,
• To invest the funds of the Council in the manner directed by the Council from time to time,
• To grant leave to members of the staff, other than casual leave,
• To prescribe books of account, registers and files for the proper management of the affairs of the
Council,
• To appoint and supervise the work of the members of the staff and prescribe their conditions of service
• To appoint auditors and fix their remuneration,
• To consider the annual audit report and place it before the Council with its comments for its
consideration,
• To maintain a library and under the directions of the Council, publish any journal, treatise or pamphlets
on legal subjects,
• To prepare and place before the Council, the annual administration report and the statement of account,
• To provide for proper annual inspection of the office and its registers,
• To authorise the Secretary to incur expenditure within prescribed limits,
• To fix travelling and other allowances to members of the committees of the Council, and to members of
the staff,
• To delegate to the Chairman and/or the Vice-Chairman any of its aforementioned powers,
• To do all other things necessary for discharging the aforesaid functions.

ADVOCATE WELFARE COMMITTEE:

The Advocates Welfare Committee looks into applications made by advocates through various State Bar
Councils for welfare funds. The committee verifies the application and allocates funds.
The Advocates Welfare committee is empowered by the Advocates Welfare Fund Act, 2001. The State Bar
Council shall pay to the Fund annually, an amount equal to twenty per cent of the enrolment fee received
by it from advocates clause (f) of Section 24 of the Advocates Act.
The members of the Advocates Welfare Committee are elected from amongst the members of the Bar
Council of India. The term of each member in this committee is two years.

The Constitution, Powers and Functions of a State Bar Council

The Advocate Act, 1961, has made provisions for the establishment of Bar Councils. The Bar Council
will be two patterns - Bar Council of India and State Bar Council. Under Section 3 of the Act State Bar
Council will be established. However, Under Section 4, a Bar Council of India will be established.
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STATE BAR COUNCILS:

State Bar Council shall consist of the following members, namely:—

(a) in the case of the State Bar Council of Delhi, the Additional Solicitor General of India ex officio in
the case of the State Bar Council of Assam, Nagaland, Meghalaya, Manipur and Tripura, the Advocate
General of each of the State of Assam, Manipur, Meghalaya, Nagaland and Tripura, ex officio; in the case of
the State Bar Council of Punjab and Haryana, the Advocate-General of each of the State of Punjab and
Haryana, ex officio; and in the case of any other State Bar Council, the Advocate-General of the State, ex
officio;

(b) in the case of a State Bar Council with an electorate not exceeding five thousand, fifteen members,
in the case of a State Bar Council with an electorate exceeding five thousand but not exceeding ten
thousand, twenty members, and in the case of the State Bar Council with an electorate exceeding ten
thousand, twenty-five members, elected in accordance with the system of proportional representation by
means of the single transferable vote from amongst advocates on the electoral roll of the State Bar
Council: Provided that as nearly as possible one-half of such elected members shall subject to any rules
that may be made in this behalf by the Bar Council of India, be persons who have for at least ten years
been advocates on a State roll, and in computing the said period of ten years in relation to any such
person, there shall be included any period during which the person has been an advocate enrolled under
the Indian Bar Councils Act, 1926 (38 of 1926).

Term of Office of the Members of State Bar Council: Section 8 Provides term of the office of the Members
of the State Bar Council -

The term of office of an elected member of a State Bar Council (other than an elected member thereof
referred to in section 54) shall be five years from the date of publication of the result of his election:

Provided that where a State Bar Council fails to provide for the election of its member before the
expiry of the said term, the Bar Council of India may, by order for reasons to be recorded in writing,
extend the said term, the Bar Council of India may, by order, extend the said term for a period not
exceeding six months.
Powers and functions of State Bar Council are as under
Functions of State Bar Council :
a) General functions -
Section 6(1) of the Advocate Act 1961 makes provisions in respect of the functions of the State Bar
Council.
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Functions of State Bar Councils

(1) to admit persons as advocates on its roll;
(2) to prepare and maintain such roll;
(3) to entertain and determine cases of misconduct against advocates on its roll;
(4) to safeguard the rights, privileges and interests of advocates on its roll;
(5) to promote the growth of Bar Associations for the purposes of effective implementation of the welfare
schemes referred to in clause (a) of sub-section (2) of this section clause (a) of sub-section (2) of section
7;
(6) to promote and support law reform;
7) to conduct seminars and organise talks on legal topics by eminent jurists and publish journals and
paper of legal interest;
(8) to organise legal aid to the poor in the prescribed manner;
(9) to manage and invest the funds of the Bar Council;
(10) to provide for the election of its members;
(11) to visit and inspect Universities in accordance with the directions given under clause (i) of sub-
section (1) of section 7;
(12) to perform all other functions conferred on it by or under this Act; (i) to do all other things necessary
for discharging the aforesaid functions.
Section 22 of Advocate Act 1961 provides that, There shall be issued a certificate of
enrollment in the prescribed form by the State Bar Council to every person whose name is
entered in the roll of advocates maintained by it under this Act.
Every person whose name is so entered in the State roll shall notify any change in the place of his
permanent residence to the State Bar Council concerned within ninety days of such change.
Admission as an Advocate on a State Roll -
A person may be enrolled as an advocate by the State Bar Council if he fulfills the
Conditions required for admission as an advocate Under section 24 of the Advocate Act, 1961.
Conditions laid down in this section for admission as an advocate, may be enrolled as an advocate
by the State Bar Council, namely :
a) He is a citizen of India.
b) He has completed the age of twenty-one years.
c) He has obtained the degree of Law.
d) He fulfils such other conditions as may be specified in the rules made by the State Bar
Council.

Maintenance of Roll of Advocates:

Section 17. of Advocate Act, 1961 provides that every State Bar Council shall
prepare and maintain a roll of advocates in which shall be entered the names and
addresses of all persons who were entered as advocates on the roll of any High Court
under the Indian Bar Councils Act, 1926, immediately before the appointed day including
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persons, being citizens of India, who before the 15th day of August, 1947, were enrolled
as advocates under the said Act in any area which before the said date was comprised
within India as defined in the Government of India Act, 1935, and who at any time
express an intention in the prescribed manner to practice within the jurisdiction of the
Bar Council also enroll all other persons who are admitted to be advocates on the roll of
the State Bar Council under this Act on or after the appointed date.
Each such roll of advocates shall consist of two parts -
the first part containing the names of senior advocates and the second part, the names of other advocates.

Powers of State Bar Council:

a) Power to make rules :
The State Bar Council has been empowered to make rules to carry on the purposes of section 16
to Section 27 of the Advocate Act, 196, dealing with the admission and enrollment of advocate, Section
28(1) provides that the State Bar Council may make rules to carry out the purposes of chapter III (Section
16 to section 28) of the Act but this rules shall not effective unless approved by Bar Council of India.

b) Power to punish Advocate

The State Bar Council has Power to punish an advocate for professional misconduct and other
misconduct. The Disciplinary Committee of the State Bar Council may make any of the following order -
(a) Dismiss the complaint or, where the proceedings were initiated at the instance of the State Bar
Council, direct that the proceedings be filed;
(b) Reprimand the advocate;
(c) suspend the advocate from practice for such period as it may deem fit;
(d) remove the name of the advocate from the State roll of advocates.
(c) To appoint Committees and Staff Members
(d) To Maintain Accounts and Conduct Audit
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Development of legal profession in India

The legal profession plays an important role in the administration of Justice. The lawyer assists the court
in arriving at the correct judgement. The lawyers collect material relating to the case and thereby helps
the court or judge to arrive at the correct judgement. Without the assistance of the lawyer, it would be
superhuman task for the judge to arrive at satisfactory judgement Actually, the law is very complicated.
The language of acts and regulations is often found to be very complicated and confusing and not easy to
be understood. The citizens of the country required the advice of the advocate to understand the exact
meaning of the provisions of the act and regulations. The lawyer plays an important role in the
maintenance of peace and order in the society. The peace and order no doubt are necessary for the very
existence of the society. Advocates are depending every day the rights and liberties of citizens against all
violators of the law. The lawyer plays important role in the law reforms also. by reason of experience
gained in daily application and interpretation of law, lawyers are best aware of the imperfection, off the
legal system and constitutes the most competent and class of men to advise on law reforms and promote
popular enthusiasm and support for it. The most difficult part of the process of legislation in the drafting
of its provisions and no one is better fitted to give guidance on this than the lawyers. And advocate is an
officer of the court and required to maintain towards the court and requires to maintain towards the
court respectful attitude bearing in mind that the dignity of the judicial office is essential for the survival
of the society. The Supreme Court has rightly observed the legal profession is a partner with the judiciary
in an administration of Justice.

The legal profession in pre-British India.

Its not well settled as to whether the legal profession was existence in the pre-British India. However, it is
clear that in pre-British India, it was not as organised as today. Actually, the legal profession as it exists
today was created and developed during the British period.But during the Mughal period, the courts were
established and administered by Mughal emperors. During the Hindu period, the court derives its
authority from the king who was considered the fountainhead of Justice. The king's Court was superior to
all another court. The king was advised by his Councillor in hearing and deciding the case but he was not
bound by the advice. The institution of lawyers as it exists today was not in existence during this period.
According to R P kangle- there is no mention in the kautilya's Artha Shastra about the existence of legal
profession and therefore, most probably such a class did not exist. But during the Muslim period litigants
were represented by body of persons known as vakils They were paid a percentage of the amount in the
suit.But as such there was no such institution which governs the lawyers,at that time.

Legal profession during British period -

Earlier days of the British period the legal profession was not paid due attention and it was not well
organised. The East India company was not interested in organising the legal profession.There was no
uniform judicial system in the settlement of East India Company. The charter of 1726 introduces mayor's
Court in each Presidency town. The mayor's Court established under the charter of 1726 were the royal
 Professional ethics

Court and they derived their authority from the British crown and not from the East India Company. The
legal profession was not organised. Many persons having no knowledge of law were practicing. The
judicial administration including the legal profession was not of high order. The regulating act of 1773
empowered the British crown to establish a Supreme Court at Calcutta by issuing for charter. In the
exercise of this power, the British Crown issued a charter in 1774 establishing the supreme court of
judicature at Calcutta . Clause 11 of the character of 1774 empower the supreme court to approve and
enroll advocates and attorney at law. The Bengal regulation 7 of 1793 created for the first time regular
legal profession for the company's court. Under this regulation, only Hindus and Muslims could be
enrolled as a pleader. The Bengal regulation XXVII of 1843 also made provisions in order to organise the
legal profession. The legal practitioners act 1846 made provisions that the people of any nationality or
any religion would be eligible to be leader and attorney and barrister and rolled in any of her majesty's
court in India eligible to pleader in the companies Sadar Adalat. The Indian High Courts act, 1861,
occupies an important place in the development of judicial administration in India. It empowers the
British Crown to establish one high court in Presidency towns. The criminal courts were organised
properly by the Criminal Procedure Code of 1898.

Legal practitioners act 1879:

In 1879, the legal practitioners Act was passed to consolidate and amend the law relating to the legal
practitioners. It empowers an advocate or vakil on the role of any High Court,to practice in all the court
subordinate to the court on the role of which he was entered. The high courts and the other than the high
court of Calcutta allowed even nonbarristers to enroll as advocates under certain circumstances. The
Vakil to be the person who has taken the law degree from an Indian University and fulfill certain other
conditions. Under the legal practitioners act 1879 the term "legal practitioner" has been taken to mean
advocates, vakil or an attorney of a High Court and pleaders.

Indian bar committee 1923

In 1923 of committee called the Indian bar committee was constituted under the chairmanship of sir
Edward Chamber .The Committee was to consider the issue as to the organisation of the bar on all India
basis and establishment of an All India Bar Council for the High Court. The committee was not in favour of
organising the bar on all India basis and establishing and All India Bar Council. Bar council should be
constituted for each high court. It should have the power to enquire into matters calling for disciplinary
action against a lawyer.

Indian bar council acts 1926:

In 1926, the Indian bar council act was enacted to give effect to the some of the recommendations of the
Indian bar committee. The main objective of the act was to provide for constitution and incorporation of
bar council for certain courts, power and impose duties on such councils and also to consolidate and to
amend the law relating to the legal practitioners of such courts. The act made provisions for the
establishment of a bar council for every High Court. The Calcutta High Court and Bombay High Court
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permitted nonbarrister advocates to practice on the original sides. The distinction between barristers and
advocates was thus abolished.

Legal profession after independence

All India Bar committee 1951

The Indian bar councils act 1926 failed to satisfy the bar. The pleader and Mukhtar practicing in the
mofussil court were moot within its scope. The bar council was not given any significant power. There
were only advisory bodies.In 1951 committee known as the All India Bar committee pointed under the
chairmanship of justice S.R DAS . The committee recommended the establishment of All India Bar Council
and state bar council. The committee suggest that the power of enrollment, suspension, removal of
advocates should be vested in the bar council. It recommended that there should be no further
recruitment of nongraduates, pleaders, mukhtars. It also recommended that there should be a common
roll of advocates authorised to practice in all courts of the country. The 5th law commission
recommended for establishment of United All India Bar.

Advocates Act 1961

In 1961, the existing advocates Act was enacted. It has been enacted for the purpose of amending and
consolidating the law relating to legal practitioners' and also for providing the constitution of bar council
and all India Bar. Section 1 of the advocates Act 1961 provides that this act may be called the advocate act
1961 and it extends to the whole of India. In a case, the Supreme Court has made it clear that the
expression legal practitioner cannot include a serving judge who might have been appointed as a
presenting officer in departmental proceedings.
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BCI rules of Standard of professional conduct:

Advocates, in addition to being professionals, are also officers of the courts and play a vital role in the
administration of justice.
Accordingly, the set of rules that govern their professional conduct arise out of the duty that they owe the
court, the client, their opponents and other advocates.
Rules on the professional standards that an advocate needs to maintain are mentioned in Chapter II, Part
VI of the Bar Council of India Rules. These rules have been placed there under section 49(1)(c) of the
Advocates Act, 1961.

RULES ON AN 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.
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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
 Professional ethics

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.
 Professional ethics

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.
 Professional ethics

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.
 Professional ethics

Seven Lamps of advocacy

Advocacy is an honorable profession. Advocates are part and parcel of the

judiciary system. Their endeavors solve the conflicts in the society. Advocates defend the rights and
liabilities. They hold important and unique place in the society. Advocacy is not a craft but a calling; a
profession wherein devotion to duty constitutes the hallmark.
Legal profession is regarded to be a noble one. A good advocate should possess some essential qualities
and equipment. Justice ‘Abbot Parry’ qualifies the following qualities as “Seven Lamps of Advocacy”. They
are (i) Honesty (ii) Courage (iii) Industry (iv) Wit (v) Eloquence, (vi) Judgment and (vii) Fellowship.

1) Honesty
Honesty means the quality of straightforwardness; freedom from deceit, cheating or stealing and not
telling lies. Honesty is the most important quality that an advocate should possess. His thoughts words
and deeds should have sincere co-relation to each other with genuineness. An Advocate should be
dependable reliable to everyone who seeks his advise and services. The nobleness of legal profession lies
in honesty itself. An advocate should not do illegal practices. He should not do any act which will lead to
professional misconduct. He should disclose the real facts and legal profession to his clients frankly.
Honesty, integrity and character are inseparable. These there virtues together are essential for the
success of an advocate. The great sages of law had sucked the law from the breasts of knowledge, honesty,
gravity and integrity.

2) Courage
Courage is the quality that enables a person to control fear in the face of danger, pain, misfortune, etc.; It
is the duty of an Advocate to fearlessly uphold the interest of his client by all fair means without fear of
any unpleasant consequences to himself or any other person. It is the knowledge and the skill of the
Advocate that gives him the necessary courage and confidence to present the case fearlessly and to
 Professional ethics

uphold the interest of the client. Courage is as good a weapon in the forum as in the war camp, According
to Charles Hutton’s. ‘He hath in perfection the three chief qualifications of an advocate; Boldness, —
Boldness and Boldness’.

3)Industry:
Advocacy is needed a life of industry. An advocate must study his brief in the same way that an actor
studies his part. means hard work. Hard works is absolutely necessary for an Advocate. His knowledge of
law should be up to date. He shall never be ignorant of the current law in force. He shall get acquainted
with the latest law by systematic study. If one ignores the law, the law will also ignore him. That is why it
is said that “law is the jealous mistress”. Lord Eldon Says, “An advocate must live like a hermit and work
like a horse”. Advocacy is an intellectual profession. Intelligence and knowledge will be sharpened with
hard-work and strenuous efforts.

4) Wit
Wit means clever and humorous expression of ideas; liveliness of spirit. Wit flows from intelligence;
understanding and quickness of mind. Wit lessens the work load of an advocate. So constant clash
between them is common. Anxiety for a favourable verdict on the part of the lawyers; and perpetual
worry for the pursuit of the truth on the part of the judges generate strain and tension.
It relaxes his mental strain. Often the wit of an advocate will turn a Judge from an unwise course, where
Judgment, or rhetoric would certainly fail. The lamp of wit is needed to lighten the darkness of advocacy.

5)Eloquence
The success of an advocate depends upon his eloquence. Eloquence means fluent speaking and skilful use
of language to persuade or to appeal to the feelings of others. Fluent speaking impresses the listener. As
advocate must be fluent, skilful in using appropriate words to impress the Court. Eloquence attracts the
attention of the listener. Eloquence is related to the art of oratory. ‘Eloquence of manner is real eloquence’
and there is a physical as well as psychological side to advocacy.
Words are his keys of thoughts. Strong vocabulary gives him assurance, build his self confidence and build
his personality. Words must be employed with eloquence. The art of persuasive and impressive speaking
will give the desired result in his favour.

6) Judgment
Judgment is an intellectual capacity, ‘the inspiration which enables a man to translate good sense into
right action’. It means the ability to come to a sensible conclusion and make wise decisions at the relevant
time in the proper way. It is on the basis of these conclusions he should employ the necessary facts and
the techniques in the case which he is engaged. This quality is necessary from the beginning of filing the
case till its final disposal. An Advocate must always anticipate all the possible moves of the other side and
must develop the necessary presence of mind , alertness and tact to cope with any awkward situation of
difficulty that may arise in the case.
 Professional ethics

Judge Abbot Parry has referred to judgment as one of the seven lamps; but he refers to it essentially as an
intellectual capacity, ‘the inspiration’ which enables a mean to translate good sense into right action e.g.
‘seeing the right point of his case’ and the like.

7) Fellowship
Fellowship means the membership in friendly association or companionship. Fellowship is exactly like
great public schools, the boys of which have grown older, and have exchanged boyish for manly
objects. In legal profession, one Advocate fights with another Advocate for justice before the learned
judge. There may be controversies and contradictions in their contention relating to the case, but that
shall never affect the fellowship. The Advocates should refer the opposite party’s Advocate as “Learned
Friend” and the judge should be referred as “Learned Judge”. In order to maintain the fellowship, the Bar
Council of India has laid down certain rules to be observed as the duty to colleagues. Among advocates,
there is just the same rough familiarly, the general ardour of character, the same kind of public opinion
expressed in exactly the same blunt, unmistakable manner. By keeping the lump of fellowship burning,
advocates encourage each other by sharing the knowledge to walk in the light of the seven lamps of
advocacy.

Tact
A new lamp was added by K.V.Krishnaswamy Aiyer, in his book “Professional Conduct and
Advocacy” adds one more lamp i.e. tact. Tact means handling people and situations skilfully and without
causing offence. An advocate must be in a position to tackle and win his client, opponent party, opponent
advocate in a smoother way. Many people of unequal ability have failed for want of tack. An advocate
should not quarrel with Court or loose temper over trifle things in the Court and outside. Men of
unquestioned ability have suffered for quarreling with the tribunal or for standing on their dignity over
trifles, for getting their clients, or for losing their tempers; they are men of parts but more properly refers
to the human side of putting into action the result of one’s judgment.