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Duties of An Advocate

The document discusses the duties of an advocate according to the Bar Council of India rules. It outlines 10 duties to the court including showing respect to the court, not exerting personal influence, being punctual, being fair and frank, not including false facts, not asking for adjournments without reason, not communicating privately with judges, not speaking ill of judges, not interrupting others, and appearing in proper dress. It also outlines 4 duties to colleagues including not entering an appearance in a case where another advocate is already involved, not soliciting cases through advertisement, not allowing one's name to be used for unauthorized practice, and not accepting less than the chargeable fee.

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mohan1881998
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51 views9 pages

Duties of An Advocate

The document discusses the duties of an advocate according to the Bar Council of India rules. It outlines 10 duties to the court including showing respect to the court, not exerting personal influence, being punctual, being fair and frank, not including false facts, not asking for adjournments without reason, not communicating privately with judges, not speaking ill of judges, not interrupting others, and appearing in proper dress. It also outlines 4 duties to colleagues including not entering an appearance in a case where another advocate is already involved, not soliciting cases through advertisement, not allowing one's name to be used for unauthorized practice, and not accepting less than the chargeable fee.

Uploaded by

mohan1881998
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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SEMESTER- VIII (B.Com LL.B.

DATE- 09.04.2020

SUBJECT- Professional Ethics, Accountability for Lawyers & Bar


Bench Relation (Clinical Course)

TOPIC- Duties of an Advocate


• Duty to Court • Duty to render legal aid
1. 6.

• Duty to Colleagues • Duty to Self


2. 7.

• Duty to Opponent • Restrictions on other employment


3. 8.

• Duty to Profession • Restriction on advertisement


4. 9.

• Duty to Clients • Refusing to accept a case


5. 10.
INTRODUCTION
S.49(I) (C) of the Advocates Act, 1961 empowers the bar
council of India to make rules prescribing the standards of
professional conduct and etiquette to be observed by the
advocates. The rules made by the Bar council shall come into
effect only when it is approved by the Chief Justice of India.
In exercise of this rule making power the Bar Council of
India has made several rules prescribing the standards of
professional conduct and etiquette for the advocates. These
rules specifies the duties of an Advocate to the court, client,
opponent and colleagues etc.

In the administration of the justice, the role of the advocate is


to help the court to take a right decision in the dispute. While
performing this job, an Advocate is duty bound to perform
certain duties to the court. Following are duties prescribed by
the Bar Council rules as duty to the court, which should be
observed by the Advocates.
DUTY TO THE COURT
{Rule 1-10}
1. AN ADVOCATE SHALL SHOW THE DUE RESPECT TO THE COURT AND SHALL
NEVER ACT IN ANY MANNER TO UNDERMINE THE CONFIDENCE IN THE JUDICIARY.
2. HE SHALL NOT EXERT OR ATTEMPT TO EXERT ANY PERSONAL INFLUENCE ON THE
DECISION OF THE COURT, NOR SHALL GIVE ANY IMPRESSION THAT HE POSSESSES
PERSONAL INFLUENCE WITH THE JUDGE BEFORE WHOM HE NORMALLY
PRACTICES.
3. HE SHALL BE ALWAYS PUNCTUAL IN ATTENDING COURTS IN THE PRESCRIBED
DRESS.
4. HE SHALL BE FAIR AND FRANK IN THE COURT PROCEEDINGS.
5. He shall not include any fact which he knows to be
false in the pleadings, petitions or affidavits.
6. He shall not ask for any adjournment of a case
without genuine reasons.
7. He shall not communicate privately with the judges
to influence them relating to any pending case.
8. He shall not speak ill of judges or use abusive
remarks about them. But, if the judge behaves
improperly, it is not only the right but also his duty to
report it to the proper authorities.
9. He shall not interrupt when the counsel for the otherside or the
judge is speaking.
10. He shall appear in the court in the prescribed dress and his
appearances shall always be presentable. He shall not wear bands or
gown in the public places.
11. He shall not practice before a judge if he is related to him.
12. He shall not act or plead in any matter in which he is
pecuniarily (monetary) interested.
13. He shall not appear for any organization, institution, society or
corporation if he is the member of the executive committee of such
organization, institution, society or corporation.
DUTY TO COLLEAGUES
IN ORDER TO MAINTAIN GOOD RELATION AMONG THE MEMBERS OF THE
BAR, AN ADVOCATE HAS TO PERFORM THE FOLLOWING DUTIES TO
COLLEAGUES.
1. AN ADVOCATE SHALL NOT ENTER APPEARANCE IN ANY CASE IN WHICH
THERE IS ALREADY AN ADVOCATE.
2. HE SHALL NOT IN ANY WAY SOLICIT CASES BY ADVERTISEMENT OR
OTHERWISE.
3. HE SHALL NOT ALLOW HIS NAME TO BE USED BY SOME OTHER PERSON
FOR UNAUTHORIZED PRACTICE OF LAW.
4. HE SHALL NOT ACCEPT A FEE LESS THAN THE FEE CHARGEABLE UNDER
LAW.

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