Professional ethics in law refers to the set of moral principles

and standards that guide the behaviour and conduct of legal

professionals. It encompasses the values and obligations that
lawyers and advocates must uphold while practising law.
The importance of professional ethics in the legal profession
cannot be overstated, as they form the foundation for
maintaining integrity, ensuring justice and upholding the rule of
law.

Meaning of Professional Ethics

Professional Ethics refers to a collection of guidelines that an
aspiring lawyer must adhere to. These guidelines govern the
behaviour and actions of practising lawyers, encompassing
their interactions with themselves, clients, opposing parties and
the court.
Ethics generally pertains to the moral principles that should
serve as standards for a lawyer’s conduct. Professional Ethics
serves as a foundation for any profession, embodying the
fundamental values upon which the legal profession is
constructed.
The Role of Professional Ethics in Law
Professional ethics play a crucial role in the legal profession in
India, serving as the bedrock for upholding the rule of law and
justice.
Upholding the rule of law and justice
Professional ethics ensure that lawyers and advocates adhere
to legal principles and procedures, thereby preserving the
justice system’s integrity. Legal professionals contribute to a just
and orderly society by upholding the rule of law.
Maintaining public trust and con dence
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Professional ethics are essential for maintaining public trust in
the legal profession. When lawyers and advocates conduct
themselves ethically, the public’s con dence in the legal system
is reinforced. This trust is vital for the effective functioning of the
legal system in India.

Ensuring fairness and impartiality

Professional ethics require legal professionals to provide fair
and impartial representation to their clients. By upholding
ethical standards, lawyers ensure that justice is not only served
but also perceived as fair and unbiased.
Fostering integrity and accountability
Professional ethics promote integrity and accountability within
the legal profession. Lawyers are expected to act honestly,
ethically and with the utmost integrity in all their professional
dealings. Adherence to ethical standards fosters a sense of
responsibility and accountability, enhancing the legal
profession’s reputation.
Key Principles of Professional Ethics in Law
Several core principles form the foundation of professional
ethics in law in India. Con dentiality and attorney-client privilege
are fundamental, ensuring clients can trust their lawyers with
sensitive information. Competence and diligent representation
require lawyers to maintain a high standard of knowledge and
skill to serve their clients effectively.
Avoiding con icts of interest is crucial to safeguard the integrity
of the legal process. Honesty and truthfulness are essential for
maintaining the credibility of lawyers. Professional courtesy and
respect promote a healthy and digni ed work environment. Pro
Bono service and access to justice highlight the responsibility of
lawyers to provide legal assistance to those in need.
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 Challenges in Maintaining Professional
Ethics in Law
While professional ethics provide a guiding framework, lawyers
in India face various challenges in upholding them. The
pressure to win at all costs can sometimes tempt lawyers to
compromise ethical standards.
Balancing client advocacy with ethical obligations can present
ethical dilemmas. Dealing with dif cult clients and unethical
colleagues poses challenges that require ethical fortitude. The
advent of technology and social media also introduces new
ethical considerations that lawyers must navigate.
Ethical Dilemmas in the Legal Profession
The legal profession is not immune to ethical dilemmas.
Con dentiality versus duty to disclose arises when lawyers
must weigh their duty to protect client information against the
greater public interest.
The tension between zealous advocacy and fairness can
challenge the ethical boundaries of lawyers. Con icts of interest
and dual representation raise questions about loyalty and
impartiality. Additionally, handling client dishonesty requires
lawyers to tread carefully while maintaining ethical standards.
Consequences of Ethical Violations
Ethical violations in the legal profession can have severe
consequences. Disciplinary actions and professional sanctions
may be imposed by regulatory bodies, resulting in a tarnished
professional reputation. Moreover, ethical violations can lead to
losing the trust of clients, colleagues and the public. Legal and
nancial consequences can also arise from professional
misconduct.
Promoting and Upholding Professional Ethics
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Several measures must be taken to ensure adherence to
professional ethics in India. Continuing legal education and
ethical training are imperative to keep lawyers updated on
ethical standards and emerging challenges. Ethical guidelines
and codes of conduct provide a framework for ethical
behaviour.
Professional associations and bar organisations are crucial in
promoting ethical conduct and providing guidance. Mentorship
and ethical leadership contribute to cultivating ethical values
among legal professionals.
Code of Professional Responsibility
The principles and guidelines that govern professional
responsibility in the legal eld consist of three interrelated
components: canons, ethical considerations and disciplinary
rules.

Canons
Canons are generally accepted rules, standards or principles by
which something is judged. In the context of professional ethics
in law, canons outline the obligations and responsibilities of
lawyers. These canons include upholding the Constitution,
obeying the laws of the land and promoting respect for the legal
system. Lawyers are expected to refrain from engaging in
dishonest, immoral, unlawful and deceitful conduct.
Ethical Considerations
Ethical considerations encompass values and principles that
determine what is considered morally right or wrong within the
legal profession. In the legal context, ethical considerations
involve con dentiality, informed consent, anonymity, prevention
of harm, voluntary participation and access to relevant
information.
Disciplinary Rules
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Disciplinary rules are mandatory regulations that de ne the
minimum standards of professional conduct required to avoid
disciplinary action. These rules are designed to promote
fairness and consistency in the treatment of individuals. They
provide guidelines for the ethical behaviour expected from
lawyers.
Code of Conduct Prescribed for Advocates
The Advocates Act of 1961 is legislation aimed at amending
and consolidating laws about legal practitioners in India. It
provides guidelines for the establishment of Bar Councils and
the All-India Bar. The Act is a revised version of the Indian Bar
Council Act of 1926 and outlines various duties and
responsibilities for advocates, including:
• Prohibition of Advertising and Soliciting
Work: Advocates are prohibited from engaging in
advertising or soliciting work.
• Prohibition of Demanding Fees for Training: Advocates
cannot demand fees for providing training.
• Consent for Entering Appearance: Advocates must
obtain the consent of an already engaged advocate before
entering an appearance in a case.
• Prohibition of Unauthorised Use of Name or
Services: Advocates are not permitted to use their name
or services for unauthorised practices.
Chapter II, Part IV of the Bar Council of India contains rules
regarding professional standards that advocates must adhere
to, as speci ed under Section 49(1)(c) of the Advocates Act,
1961.
The Act prescribes rules regarding the duties of
advocates towards the court, clients, opponents and fellow
advocates along with the rights of advocates. These rules
encompass a range of conduct that advocates must follow.
Some of the key rules include:
Duty towards the Court
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 • Acting in a digni ed manner.
• Respecting the court.
• Refraining from engaging in illegal conduct towards the
opposition.
• Maintaining a proper dress code.
• Avoiding involvement in matters related to nancial
interest.
Duty towards Clients
• Obligation to accept briefs.
• Avoiding withdrawal from service without reasonable
cause.
• Upholding the interests of clients.
• Charging fees are based on reasonable considerations,
not depending on the success of matters.
• Not suppressing material or evidence.
Duty towards Opponents
• Prohibition of direct negotiation with the opposing party.
• Ful lling legitimate promises made.
Duty towards Fellow Advocates
• Prohibition of advertising or soliciting work.
• Using a signboard and nameplate of reasonable size and
decent appearance.
• Avoiding the promotion of the unauthorised practice of law.
• Only accept a fee of what can be taxed under the rules
when the client can pay more.
These rules are implemented to ensure that advocates maintain
professional standards, behave ethically and uphold the
integrity of the legal profession in India.
Conclusion
The legal profession is a distinguished eld that exists for the
betterment of society rather than personal gain. It operates as a
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crucial component of the administration of justice. Unlike a
business, the legal profession is dedicated to serving the public
good. As a result, ethical conduct entails respecting and
adhering to the law and legal authorities.
The legal profession holds immense nobility, and both practising
and aspiring lawyers must uphold their dignity and demonstrate
respect for the profession. Lawyers are responsible for
preserving the legal profession’s integrity and ensuring its
continued usefulness to society. By observing professional
ethics, all lawyers can strive for success while upholding the
values and principles that de ne their noble profession.

Professional ethics refers to the personal and corporate standards of behavior expected of
professionals. It encompasses a set of guiding principles that help govern the conduct of members
of various professions in their professional work. The need, function, objective, and importance of
professional ethics can be discussed as follows:

Need for Professional Ethics

1. Maintain Public Trust: Professionals hold specialized knowledge and skills, and they often
deal with sensitive personal information or have signi cant in uence on others' nances,
health, and well-being. Ethical behavior ensures that this power is not misused, thus
maintaining public trust.

2. Uphold Standards: Professional ethics are crucial in maintaining consistent standards of

practice within industries, helping to ensure that services are performed to high standards
and in a manner that is fair and respectful to all stakeholders.

3. Guidance in Ethical Dilemmas: Professionals frequently face ethical dilemmas where the
right course of action is not clear-cut. A framework of professional ethics can provide
guidance in these situations, helping individuals make decisions that align with the core
values of their profession.

Function of Professional Ethics

1. Regulatory Function: Professional ethics help regulate behavior through formal codes of
conduct that are enforced by professional bodies. This regulatory function includes sanctions
for misconduct to deter unethical behavior.

2. Advisory Function: Ethics codes and training provide advice on how professionals should
act in complex situations, often providing hypothetical scenarios and preferred actions that
serve as a guide.

3. Educational Function: Professional ethics education is integral to the training of new

entrants into any profession, instilling a sense of ethical responsibility and awareness from
the outset.
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 4. Protective Function: Professional ethics protect the interests of both the public and the
professionals by setting out clear expectations and responsibilities, thereby avoiding
misunderstandings and potential con icts.

Objective of Professional Ethics

1. Integrity: To foster a culture of honesty and integrity in professional practice, ensuring that
professionals are dependable and trustworthy.

2. Accountability: To ensure that professionals are accountable to their clients, the public, and
their peers, providing a mechanism for recourse in the event of unethical behavior.

3. Excellence: To promote excellence in professional practices, ensuring that work is carried

out to the highest standards and is continually improved upon.

4. Fairness: To guarantee that all individuals and stakeholders are treated fairly and
impartially, promoting equity and justice in professional interactions.

Importance of Professional Ethics

1. Con dence in Professions: Ethical practices build con dence in professional services,
which is crucial for the functioning of society. When professionals adhere to ethical
standards, they earn the trust of the community and their clients.

2. Sustainable Practice: Ethical practices lead to sustainable business practices that can
ensure the long-term success and viability of professional services.

3. Avoidance of Negative Consequences: Unethical practices can lead to legal action, loss of
licensure, or damage to reputation. Adhering to professional ethics helps avoid these
outcomes.

4. Enhancement of Teamwork: Ethical standards promote a positive working environment,

which can enhance collaboration and teamwork among professionals.

Professional ethics are fundamental not just for the well-being of the individuals and communities
served by professionals, but also for the integrity and sustainability of the professions themselves.
By adhering to ethical standards, professionals help to maintain the dignity of their profession and
contribute to the overall good of society.
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Bar and Bench Meaning
In the process of delivering justice, the legal system consists of
judges and lawyers who help the courts ful l their
responsibilities. The “Bar” refers to the lawyers and the “Bench”
refers to the judges. These two parts work together and without
them, the courts cannot effectively provide justice.
Bar – Lawyers become registered advocates after completing
their L.L.B. degree from a university and undergoing speci c
training supervised by another advocate, as per the rules.
Collectively, these lawyers are known as the ‘Bar,’ and an
advocate represents the Bar. In most cases, the term “Bar”
refers to a group of licensed attorneys who practice in the
courts of a state or a speci c court.
Bench – The term “bench” refers to all the judges collectively, in
contrast to the term “Bar,” which encompasses all legal
professionals. It also refers to the of cial part of the court when
judges are in session. Originally, the term ‘Bar’ referred to the
section of the court related to attorneys, but now it refers to the
part of the court dealing with judicial of cers, known as the
Bench.
What is Bar Bench Relations?
Bar Bench relations refer to the dynamic interaction and
cooperation between lawyers (the Bar) and judges (the Bench)
within the legal system. This relationship is fundamental to the
administration of justice. Lawyers represent their clients’
interests in court, while judges make impartial decisions based
on the law. Maintaining a respectful and collaborative
partnership between the Bar and the Bench is crucial for the
effective functioning of the legal system.
It ensures that cases are heard fairly, legal principles are upheld
and justice is served. Communication, professionalism and
mutual respect are key elements in fostering a strong Bar
Bench relationship, which ultimately bene ts the legal
profession and the individuals seeking justice.
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Bar Bench Relations in Professional Ethics:
An Overview
In a democratic system, the independent judiciary stands as a
pillar of stability and the legal profession (the Bar) is an integral
part of maintaining this stability. The Bench, which includes
judges, re ects the image, character and conduct of these
judicial of cers. It is often seen as a guiding in uence and a
mirror that re ects the behavior of judges.
Those practicing law are an essential component of the justice
delivery system and the harmony between the Bar and the
Bench is vital for achieving the goals outlined in our
Constitution. They are two sides of the same coin and the
administration of justice cannot thrive without unity between
them. The integrity of the institution relies on this cooperation.
Any attempt by an advocate to discredit the court undermines
the very foundations of justice and tarnishes the entire justice
system. Advocates are expected to show consistent respect for
the court, regardless of the court’s status. They must refrain
from displaying personal bias against judges as they are
entrusted with the responsibility of upholding the judiciary’s
professionalism and respect.
Conversely, it is the duty of the judiciary not only to be
respectful toward members of the Bar but also to uphold the
high standards of the legal profession.
Contempt of court can be imposed on lawyers or judges for
disrespectful or improper behaviour. Contempt of court can be
categorised as civil or criminal, encompassing actions such as
using derogatory language against a judge, questioning their
authority or making unfounded accusations. Such actions can
result in contempt proceedings against the offending party.
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 Importance of Bar Bench Relations
The signi cance of the Bar and Bench relationship was
highlighted in the case of P.D. Gupta v. Ram Murthi and
others (1997), which explored how this relationship in uences
the administration of justice.
In this case, a dispute arose over the property left by Shri
Kishan Dass after his passing. Various individuals claimed
rights to the property, including one claiming to be his sister,
one claiming to be an heir and others. Vidyawati, the advocate
for one of the claimants, purchased the disputed property,
knowing it was subject to a legal dispute. Subsequently, she
pro ted by selling the property to a third party.

A complaint was led against the lawyer with the Delhi Bar
Council, resulting in her suspension. Due to the disciplinary
committee’s inability to resolve the complaint within a year, the
case was transferred to the Bar Council of India, as mandated
by Section 36-B of the Advocates Act, which requires
complaints to be resolved within a year. The Bar Council of
India’s disciplinary committee conducted a trial, found the
advocate guilty of professional misconduct and suspended her
from practicing law for one year.
Role of Bar Bench in the Administration of
Justice
The bar bench relation plays a crucial role in the administration
of justice. Judges hold a level of authority unmatched by any
other of ce in the state, as their decisions profoundly affect the
lives, liberty, happiness, property and public perception of
ordinary citizens. The wisdom of judges is the cornerstone of a
just and orderly society and their judgments hold individuals
accountable. If judicial power becomes corrupted, life, liberty
and personal happiness are jeopardised.
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A robust and unbiased judiciary is of utmost importance for any
state. Judges have a vital role in maintaining civil order and
they must ful l their responsibilities diligently.
However, the administration of justice isn’t con ned to the
courtroom; it also greatly impacts the Bar, which consists of
attorneys. To ensure a harmonious relationship between Bar
and Bench, mutual respect and understanding are essential.
Lawyers and judges complement each other’s roles. Judges are
often selected from the legal profession, making them part of
the same community as lawyers. This shared connection
underscores the need for a respectful and cooperative bench
bar relation.
Given the nature of their respective roles, lawyers and judges
may engage in dialogues that are sometimes friendly,
sometimes contentious and sometimes challenging. Despite
occasional disagreements, maintaining a cooperative and
respectful relationship between these two pillars of the legal
system is crucial for the effective administration of justice.

Role of the Bar in Strengthening the Bar

Bench Relations
Advocates are considered of cers of the court and their primary
duty is to assist the court in the fair administration of justice.
They do so by gathering relevant resources and presenting
them in court to help the court make informed decisions.
Advocates work in partnership with the judiciary to ensure the
proper dispensation of justice. Their role is signi cant in
the administration of justice and to maintain a harmonious bar
bench relation, advocates should follow these guidelines:
• Respect for Judges: Advocates should show respect and
reverence for judges, refraining from any form of
disparagement or criticism of the judiciary.
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 • Assist Judges: During court hearings, advocates should
assist judges by accurately and clearly conveying the
relevant legal principles. They should conduct themselves
in a manner that pleases the judges and aids in the smooth
conduct of proceedings.
• Handling Judicial Errors: If advocates believe there is an
error in a judge’s decision, they should not criticise the
judge openly. Instead, they should follow proper legal
procedures, such as ling an appeal, to address and rectify
any perceived mistakes.
• Avoid Manipulation: Advocates should not exert undue
pressure or attempt to control judges to obtain favourable
orders. They must refrain from using illegal or inappropriate
means to in uence court decisions.
• Addressing Disrespect: If a judge’s conduct is perceived
as disrespectful or annoying to advocates, they should
avoid engaging in confrontational discussions in the
courtroom. Instead, any issues should be addressed
privately, such as in the judge’s chambers and the Bar
Association can make a formal request for respectful
behaviour.
• Prevent Unfair Practices: Advocates have a responsibility
to guide and discourage their clients from engaging in
unfair or unethical practices in court proceedings.
• By adhering to these principles, advocates contribute to
the preservation and strengthening of the relation between
Bar and Bench, ultimately enhancing the administration of
justice.
Role of the Bench in Strengthening the Bar
Bench Relations
A judge, as a public of cial responsible for hearing and deciding
legal cases, holds signi cant authority within the legal system.
To foster a strong and respectful bar bench relationship, judges
are encouraged to follow these principles:
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• Mutual Respect: Just as advocates show respect to
judges, judges should also respect advocates. Maintaining
mutual respect is crucial for a healthy working relationship
between bar and bench.
• Open-Mindedness: Judges should approach each case
with an open mind, free from bias or prejudice. Their
actions should serve the interests of justice and they
should provide advocates ample time to present their
cases.
• Impartiality: Judges must act impartially, refraining from
favouring any party involved in the dispute. Their decisions
should be solely based on the merits of the case and the
applicable law.
• Minimal Intervention: Judges should avoid unnecessary
interference with lawyers’ interactions with witnesses and
their arguments. Excessive intrusion or disparagement can
harm a lawyer’s professional reputation and hinder
effective case presentation.
• Clarity in Legal Interpretation: When interpreting
complex legal rules, documents or statutes, judges should
provide clear explanations to ensure justice for all parties
involved.
• Adjournments: Judges should grant adjournments
sparingly and only when reasonable and appropriate
grounds exist. Excessive delays can contribute to backlogs
in the court system and nancial hardships for parties
involved.
• Timely Disposition: Cases should be resolved promptly
and older cases should not take precedence over newer
ones. The principle of “justice deferred is justice denied”
should be upheld.
• Respectful Conduct: Judges should refrain from making
unwarranted public remarks about a lawyer’s competence
in open court. They should not ask lawyers to leave the
trial or bar them from future appearances without
compelling reasons.
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 • Legal Knowledge: Judges should possess a deep
understanding of the law, apply it to the evidence
presented and reach well-reasoned conclusions.
• Judicial Independence: Upholding and preserving judicial
independence is a foremost duty of judges, ensuring
impartial decision-making.
• Moral Responsibility and Honesty: Judges should be
held to the highest standards of moral responsibility and
honesty, commanding respect in both their personal and
intellectual capacities.
• Continuous Learning: Judges should engage in regular
and comprehensive research to stay current with legal
developments, statutes and changes in the law.
• Communication: Regular brie ngs and meetings between
judges and advocates should be scheduled to facilitate
discussion and resolution of issues, strengthening the
relationship between Bar and Bench.
• By following these principles, judges contribute to a
productive and respectful relationship with advocates and
ensure the fair administration of justice in the legal system.
Conclusion
The Bar Bench relationship lies at the heart of a robust and
effective legal system. This intricate interplay between
advocates and judges is not merely a professional collaboration
but a cornerstone of justice itself. Mutual respect, open
communication and adherence to professional standards are
the pillars on which this bench and bar relationship must stand.
The Bar, with its dedication to representing clients zealously,
complements the Bench’s responsibility to administer justice
impartially. The synergy between these two entities ensures that
the rule of law prevails and individual rights are protected.

As the legal landscape evolves, nurturing a healthy Bar Bench

relationship remains paramount. It is through this collaboration
that we uphold the principles of justice, fairness and the rule of
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law. In fostering this partnership, we not only fortify the legal
profession but also reaf rm our commitment to a just and
equitable society.

Duties of an advocate
There are duties of an advocate. As of cers of the court and
advocates of justice, advocates play a crucial role in the legal
system of India. Advocates are expected to ful l 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
The Advocates Act was enacted in 1961 and applies to the whole of India.
This Act was introduced “to amend and consolidate the law relating to legal
practitioners and to provide for the constitution of the Bar Councils and an All-
India Bar.” The primary aim of the Advocates Act, 1961, is to constitute a
single class of legal practitioners, ‘Advocates’ as well as to introduce the
powers of the Bar Council of India and the State Bar Council. According to
this Act, only Advocates, who are enrolled in the Bar Council, have the power
to practice the law in the court. Through this, it can be demonstrated that an
advocate registered under the Bar Council is free to practice in the Supreme
Court, High Court, any other judicial court, quasi-judicial courts, or before an
individual or group, legally authorized to take documentary or oral evidence.
The Act also de nes that an advocate who has registered in one State
Council cannot enroll in another State Council at the same time. Despite this,
an Advocate can transfer from one State Council to another. It is clearly
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noticeable that every individual has their own rights and duties delivered by
the state whereas a right is an entitlement and a duty is an obligation.
Similarly, the Advocates Act of 1961, provides certain rights (entitlement) and
duties (obligations) of an advocate. These duties and rights are to be ful lled
by the Advocates for a better Bar-Bench relationship. In this article, a brief
regarding the entitlements and obligations of an advocate under the
Advocates Act of 1961 is discussed.

Rights of Advocates
In India, Advocates possess various rights which are protected and provided
under the Advocates Act, some of them are listed as follows:

• Advocate’s Right to Practice: It is an exclusive right given to the

advocates enrolled in the Bar Council of India that allow them to
practice in any court all over India. As per Article 19(1)(g) of the Indian
Constitution, all citizens have the right “to practice any profession, or to
carry on any occupation, trade or business;” therefore, an advocate has
full right to practice in any court.
• Advocate’s Right to Enter Any Court and Observe the
proceedings: It is the right of an Advocate to enter into
any courtroom either of the Supreme Court, High Court, or any other
Court to observe any live proceedings under Section 30 of the
Advocates Act, 1961.
• Advocate’s Right to Freedom of Speech and Expression: As Article
19(1)(a) of the Indian constitution enables every citizen the right to
freedom of speech and expression, Advocates also have this right even
in a court of law. While arguing in litigation, an Advocate cannot be
stopped or prohibited from presenting his point of view until or unless
he/she violates the rules and regulations of the court of law.
• Advocate’s Right to Meet with Accused: It is the right of an advocate
to meet with the accused even if he/she is in jail. These meetings help
the advocate to gain suf cient information related to the facts and
evidence that further help him for ghting the case in Court. Despite the
fact that time for the meeting is limited, Advocates have the right to
meet the client every day in jail.
• Advocate’s Right to Take the Fee: Every advocate has the right to
take a fee from a client if they give any service to them. It is clearly
mentioned in Rule 11 of Chapter 2 of Part VI of the Bar Council of India
that an advocate has the ability to take fees from his client.
• Advocate’s Right Against Arrest: As per Section 135 of C.P.C. (Civil
Procedure Code), “No Judge, Magistrate or other judicial of cers
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 [Advocate] shall be liable to arrest under civil process while going to,
presiding in, or returning from, his Court.”
• Advocate’s Right to Refuse for a Case: This right allows the
advocates to refuse to take a case that they feel deals with illegal
things.
• Advocate’s Right to Secure the Privacy of Communication: This
right of the Advocate is provided under Section 129 of the Indian
Evidence Act of 1872 which states that an advocate has the right to
protect or secure the privacy of the communication with his client. Along
with this, this Section also illustrates that no one can threaten an
advocate to disclose the information collected via tête-à-tête. In short, it
can be demonstrated that the advocate himself is not liable to share
information with anybody regarding the conversation between him and
his client as well as no third person can threaten him to disclose the
same.

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 de nes the term
“advocate” and lays down the quali cations, 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 speci c
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
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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 nes, 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 of cers 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 con dentiality
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Advocates have a duty to maintain the con dentiality of their
client’s information. They must not disclose any con dential
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.
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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 of cers. 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
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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 le 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 con dentiality 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
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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 con icts of interest
Advocates have a duty to avoid con icts of interest between
their clients and themselves or their associates. Advocates
must not represent con icting interests that may compromise
their loyalty, integrity, or objectivity towards their clients.
They must disclose any potential con icts 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 in uence, 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
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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 con icts of interest with the
opponent
Advocates have a duty to avoid con icts of interest with the
opponent. Advocates must not represent con icting 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 con dence in
the legal system. Advocates must also not engage in any
activities that may compromise their independence, impartiality,
or integrity as a legal professional.
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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 eld 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 quali cations, experience, or
success rates to attract clients or gain an unfair advantage in a
case.
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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 of cers 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 ful lling
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their duties towards the court, clients, opposing counsel, and
the Bar Council.