Duties of an Advocate

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There are duties of an advocate. As officers of the court and advocates of justice,
advocates play a crucial role in the legal system of India. Advocates are expected
to fulfil their duties diligently, ethically, and in accordance with the law to ensure
the proper administration of justice. The legal profession in India is governed by
the Advocates Act, 1961, which outlines the rights, privileges, and responsibilities
of advocates.

In this article, we will explore the various duties of an advocate in India, including
their ethical obligations, responsibilities towards the court, clients, and society, and
the relevant provisions under the Advocates Act, 1961.

Contents hide

Introduction to the Advocates Act and Bar Council Rules

1. Duties of an Advocate towards the Court

2. Duties of an Advocate towards Clients

3. Duties of an Advocate towards Society

4. Duties of an Advocate towards Colleagues

5. Duties of an Advocate towards the Bar Council

6. Duties of an Advocate towards Opposite Party and Opposite Counsel

7. Duties of an Advocate Towards the Legal Profession

Conclusion
Introduction to the Advocates Act and Bar Council Rules
The Advocates Act, 1961 is a comprehensive legislation that regulates the legal
profession in India. It defines the term “advocate” and lays down the qualifications,
rights, and duties of an advocate. The Act provides for the creation of the Bar
Council of India (BCI), which is the regulatory body for advocates in India, as well
as the state bar councils.

The Advocates Act, 1961 empowers the bar councils to prescribe the standards of
professional conduct and etiquette for advocates and also empowers them to take
disciplinary action against advocates for professional misconduct.

Bar Council of India Rules, also known as the “Standards of Professional Conduct
and Etiquette” lays down the specific duties and responsibilities of advocates.

Any violation of the ethical duties and professional responsibilities by an advocate

may result in disciplinary proceedings before the Bar Council. The Bar Council of
India has the authority to take disciplinary action against advocates who are found
guilty of professional misconduct. The disciplinary proceedings may include
inquiries, hearings, and imposition of penalties, including suspension or
cancellation of the advocate’s license to practice law.

Advocates are also subject to the jurisdiction of the courts, and the courts have the
authority to take action against advocates for any act of misconduct or breach of
duties during court proceedings. The courts may impose fines, reprimand, or take
other appropriate actions against advocates who violate their ethical duties or
professional responsibilities.

1. Duties of an Advocate towards the Court

Duty to uphold the dignity and decorum of the court
Advocates have a solemn duty to maintain the dignity and decorum of the court.
They must conduct themselves in a manner that upholds the dignity and respect
of the judiciary, and refrain from engaging in any act or behavior that may
undermine the integrity or authority of the court.

Advocates are expected to address the court with respect, use appropriate
language, and follow the court’s rules and procedures.
Duty to assist the court in the administration of justice
Advocates have a duty to assist the court in the administration of justice. They must
present their cases honestly, fairly, and with utmost sincerity. Advocates are officers
of the court and have a duty to ensure that justice is served and that the truth is
brought before the court. They must not withhold any material information from
the court or mislead the court in any manner.

Duty of confidentiality
Advocates have a duty to maintain the confidentiality of their client’s information.
They must not disclose any confidential information or privilege without their
client’s consent unless required by law. Advocates must protect their client’s
interests and ensure that their client’s information is not divulged to unauthorized
persons.

Duty to be candid with the court

Advocates have a duty to be candid and forthright with the court. They must not
misrepresent facts, cite false authorities, or present misleading arguments.

Advocates must present their cases honestly and must not engage in any activity
that may undermine the integrity of the legal profession or the administration of
justice.

Duty to respect the orders of the court

Advocates have a duty to respect and abide by the orders of the court, whether
they agree with them or not. Advocates must comply with the orders of the court
and must not engage in any activity that may obstruct or interfere with the
administration of justice.

Disrespecting or disregarding the orders of the court can have serious

consequences, including disciplinary action by the bar council.

Duty to be punctual and prepared

Advocates have a duty to be punctual and prepared for all court hearings and
proceedings. Advocates must arrive in court on time, be fully prepared with all
necessary documents, evidence, and arguments, and be ready to present their case
before the court.
Advocates must also be familiar with the relevant laws, rules, and procedures
applicable to their case, and must not cause any delays or adjournments due to
their lack of preparation.

Duty of fair and honest advocacy

Advocates have a duty of fair and honest advocacy in court. Advocates must not
knowingly make false statements, suppress material facts, or mislead the court or
opposing parties.

Advocates must present their case honestly, fairly, and in good faith, and must not
engage in any conduct that may compromise the integrity of the judicial process.
Advocates must also not indulge in any sharp practice or unethical tactics to gain
an unfair advantage in court.

Duty to refrain from criticism of the court

Advocates have a duty to refrain from making any unwarranted criticism of the
court or its officers. Advocates must not make derogatory remarks, use
disrespectful language, or engage in any conduct that may undermine the dignity
or authority of the court.

Advocates must always maintain a respectful and professional demeanour in their

interactions with the court, even if they disagree with a court’s decision or ruling.

Duty to comply with court orders and directions

Advocates have a duty to comply with court orders and directions. Advocates must
not defy or obstruct the implementation of court orders or directions and must
take necessary steps to ensure compliance.

Advocates must also not engage in any conduct that may be deemed
contumacious or disobedient towards the court, as it undermines the authority and
integrity of the judicial system.

Duty to avoid frivolous or vexatious litigation

Advocates have a duty to avoid initiating or pursuing frivolous or vexatious
litigation. Advocates must thoroughly examine the merits of a case and advise their
clients accordingly.
Advocates must not file or defend a case that lacks legal or factual basis or is
intended solely to harass or burden the court or the opponent.

2. Duties of an Advocate towards Clients

Duty of loyalty and commitment
Advocates have a primary duty towards their clients. They must act in the best
interests of their clients and diligently represent their clients’ legal rights and
interests. Advocates must maintain a high level of loyalty, commitment, and
confidentiality towards their clients.

They must strive to achieve the objectives of their client’s cases to the best of their
abilities, within the bounds of law and ethics.

Duty to provide competent and diligent representation

Advocates have a duty to provide competent and diligent representation to their
clients. They must possess the requisite knowledge, skill, and expertise to handle
the legal matters entrusted to them.

Advocates must stay updated with the developments in the law and diligently
prepare and present their cases in a competent manner. They must also
communicate with their clients regularly and keep them informed about the
progress of their cases.

Duty of disclosure and informed consent

Advocates have a duty to disclose all relevant facts to their clients and obtain their
informed consent before taking any action on their behalf. Advocates must provide
complete and accurate information to their clients regarding the legal implications,
risks, and possible outcomes of their cases.

Clients have the right to be fully informed about their legal matters and make
informed decisions based on the advice and information provided by their
advocates.
Duty to avoid conflicts of interest
Advocates have a duty to avoid conflicts of interest between their clients and
themselves or their associates. Advocates must not represent conflicting interests
that may compromise their loyalty, integrity, or objectivity towards their clients.

They must disclose any potential conflicts of interest to their clients and obtain
their informed consent before proceeding with the representation.

Duty to maintain professional integrity and independence

Advocates have a duty to maintain professional integrity and independence. They
must not engage in any act that may compromise their integrity, independence, or
impartiality.

Advocates must not allow any undue influence, pressure, or consideration to

interfere with their professional judgment or compromise the interests of justice.

Duty to maintain communication and updates

Advocates have a duty to maintain regular communication and updates with their
clients. Advocates must keep their clients informed about the progress of the case,
court dates, developments, and any other relevant information.

Advocates must also promptly respond to their client’s queries, concerns, and
instructions, and not ignore or neglect their clients’ interests.

Duty to act in the best interests of the client

Advocates have a primary duty to act in the best interests of their clients. Advocates
must always prioritize their client’s rights, interests, and instructions, and not
compromise their clients’ position for their own personal gain or interests.

Advocates must act with loyalty, sincerity, and professionalism in advancing their
client’s cause.

3. Duties of an Advocate towards Society

Duty to promote access to justice
Advocates have a duty to promote access to justice and ensure that justice is
accessible to all, irrespective of their social, economic, or personal background.
Advocates must not refuse legal representation to any person on the grounds of
discrimination, bias, or prejudice.

They must strive to provide legal aid and pro bono services to the indigent and
marginalized sections of society.

Duty to promote legal education and awareness

Advocates have a duty to promote legal education and awareness among the
general public. They must strive to educate the public about their legal rights,
obligations, and remedies. Advocates must also contribute to legal research,
writing, and publications to enhance the knowledge and understanding of the law
in society.

Duty to uphold the rule of law and social justice

Advocates have a duty to uphold the rule of law and promote social justice. They
must use their legal skills and knowledge to prevent and redress any violation of
human rights, injustice, discrimination, or abuse of power.

Advocates must also strive to eradicate corruption and promote transparency,

accountability, and fairness in the legal system.

4. Duties of an Advocate towards Colleagues

Duty of professional courtesy and cooperation
Advocates have a duty to treat their colleagues with professional courtesy, respect,
and cooperation. They must not engage in any conduct that may harm the
reputation or interests of their colleagues. Advocates must strive to maintain a
cordial and professional relationship with their colleagues and promote a healthy
and harmonious working environment within the legal profession.

Duty to report professional misconduct

Advocates have a duty to report any instance of professional misconduct by their
colleagues to the appropriate authorities, such as the Bar Council or the court.
Advocates must not shield or protect their colleagues who engage in unethical or
illegal conduct.
Reporting professional misconduct is essential to maintain the integrity and
reputation of the legal profession and uphold the interests of justice.

Duty to mentor and guide junior advocates

Advocates who have gained experience and expertise in the legal profession have
a duty to mentor and guide junior advocates. They must share their knowledge,
skills, and experience with junior advocates and help them in their professional
development.

Advocates must also strive to maintain a healthy and respectful relationship with
their juniors, providing them with guidance, support, and constructive feedback.

5. Duties of an Advocate towards the Bar Council

Duty to comply with the code of ethics
Advocates have a duty to comply with the code of ethics and professional
standards laid down by the Bar Council. Advocates must be familiar with the rules,
regulations, and guidelines of the Bar Council and must adhere to them in their
professional conduct.

Advocates must also cooperate with any inquiries, investigations, or disciplinary

proceedings initiated by the Bar Council and provide all necessary information and
documents.

Duty to pay dues and fees

Advocates have a duty to promptly pay their dues, fees, and subscriptions to the
Bar Council. Advocates must also promptly respond to any communications,
notices, or requirements from the Bar Council and comply with their regulations
and procedures.

Duty to participate in Bar Council activities

Advocates have a duty to actively participate in the activities of the Bar Council,
such as elections, meetings, seminars, and workshops. Advocates must also
contribute to the welfare and development of the legal profession by providing
feedback, suggestions, and inputs to the Bar Council for its better functioning.
Duty to abide by the rules and regulations of the Bar Council
Advocates have a duty to abide by the rules, regulations, and code of conduct
prescribed by the Bar Council of India or the State Bar Council. Advocates must
familiarize themselves with the applicable rules and regulations and must comply
with them in all their professional activities.

Advocates must also keep themselves updated with any changes or amendments
to the rules and regulations of the Bar Council, and must adhere to them at all
times.

Duty to report misconduct

Advocates have a duty to report any misconduct or unethical behaviour of fellow
advocates to the Bar Council. If an advocate becomes aware of any violation of the
Advocates Act, the Bar Council rules, or any other ethical standards by another
advocate, they must promptly report such misconduct to the Bar Council for
appropriate action.

Advocates must also cooperate with the Bar Council in any investigation or
disciplinary proceedings related to such misconduct.

6. Duties of an Advocate towards Opposite Party and Opposite

Counsel
Duty of fairness and respect towards the opposite party
Advocates have a duty of fairness and respect towards the opposite party.
Advocates must not engage in any conduct that may harass, intimidate, or bully
the opposite party.

Advocates must also not indulge in any acts of misconduct, such as

misrepresentation, suppression of evidence, or manipulation of facts, that may
prejudice the rights and interests of the opposite party.

Duty of professional courtesy towards opposite counsel

Advocates have a duty of professional courtesy towards the opposite counsel.
Advocates must treat the opposite counsel with respect, dignity, and
professionalism. They must not engage in any conduct that may undermine the
reputation or interests of the opposite counsel.
Advocates must also not make any personal attacks or use derogatory language
against the opposite counsel during court proceedings.

Duty to avoid conflicts of interest with the opponent

Advocates have a duty to avoid conflicts of interest with the opponent. Advocates
must not represent conflicting interests that may compromise their ability to
provide unbiased and effective representation to their clients.

Advocates must also not engage in any activities that may be deemed as collusive
or unethical, which may result in a compromise of the opponent’s rights or
interests.

7. Duties of an Advocate Towards the Legal Profession

Duty to uphold the dignity and honour of the legal profession
Advocates have a duty to uphold the dignity, honour, and integrity of the legal
profession. Advocates must maintain high standards of professional conduct,
ethics, and morality.

Advocates must not indulge in any conduct that may bring disrepute to the legal
profession or erode public confidence in the legal system. Advocates must also not
engage in any activities that may compromise their independence, impartiality, or
integrity as a legal professional.

Duty to promote legal education and professional development

Advocates have a duty to promote legal education and professional development.
Advocates must continuously update their knowledge, skills, and expertise in the
field of law through regular study, research, and training.

Advocates must also share their knowledge and experience with junior advocates
and law students to contribute to the growth and development of the legal
profession. Advocates must actively participate in legal seminars, workshops, and
training programs to enhance their professional competence and stay updated
with the latest legal developments.
Duty to maintain professional conduct and etiquette
Advocates have a duty to maintain professional conduct and etiquette in their
interactions with clients, opponents, judges, court staff, and other stakeholders in
the legal system. Advocates must conduct themselves with dignity, courtesy, and
respect towards all parties involved in a case, irrespective of their personal opinions
or differences.

Advocates must also refrain from engaging in any behaviour that may be deemed
unprofessional, unethical, or contemptuous of the court.

Duty to avoid misleading or false statements

Advocates have a duty to avoid making misleading or false statements in the
course of their professional practice. Advocates must not make any false,
exaggerated, or misleading claims about their qualifications, experience, or success
rates to attract clients or gain an unfair advantage in a case.

Advocates must also refrain from making any false statements or presenting
fabricated evidence in court, as it undermines the integrity of the legal profession
and the justice system.

Duty to respect the authority of the court

Advocates have a duty to respect the authority of the court and uphold the dignity
and integrity of the judicial system. Advocates must not indulge in any behaviour
that may undermine the authority of the court or obstruct the administration of
justice.

Advocates must comply with the rules, procedures, and orders of the court, and
not engage in any conduct that may be deemed disrespectful, disobedient, or
contemptuous of the court.

Conclusion
Advocacy is a noble profession that plays a crucial role in the administration of
justice. Advocates, as officers of the court, have certain duties and responsibilities
towards the court, their clients, opposing counsel, and the Bar Council. The duties
of an advocate are enshrined in the Advocates Act, 1961, and the Bar Council of
India Rules, and advocates are expected to uphold them with the utmost
professionalism and integrity.
In this article, we have discussed the various duties of an advocate in India,
including their duty to the court, duty to the client, duty to opposing counsel, and
duty to the Bar Council. We have highlighted the relevant provisions from the
Advocates Act, 1961, and the Bar Council of India Rules that outline these duties.
With duties, there are rights of advocate too.

By upholding their duties, advocates can contribute to the effective functioning of

the legal system, protect the rights and interests of their clients, maintain the
dignity and integrity of the legal profession, and promote justice in society.
Advocates must strive to uphold the highest standards of professionalism, ethics,
and integrity in their practice and be vigilant in fulfilling their duties towards the
court, clients, opposing counsel, and the Bar Council.