​ ) ques- Duty of the advocate towards the court and duty to render

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legal aid.
Ans:- 1)an advocate is the officer of the court . discuss with the
reference to duties of an advocate towards the court and duty to
render free legal aid? ans-There are professional ethics and
etiquette for advocates. Every advocate should follow them in his
profession. An advocate is also a key person in conducting a
proceeding before the court. While conducting a proceeding the
advocate should function intelligently.
•An advocate is considered as an officer of the court, honoured
member of the community, and a gentleman, thinking that to
become a member of the bar he has to be lawful and moral not
only in his professional capacity but also in his non professional
capacity.
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.
2. Respect the court-An advocate should always show respect
towards the court.
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
4. Refuse to act in an illegal manner towards the opposition
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.
6.Appear in proper dress code- An advocate should appear in court
at all times only in the dress prescribed under the Bar Council of
India Rules and his appearance should always be presentable.
7.Refuse to appear in front of relations- An advocate should not
enter 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
8.Not to wear bands or gowns in public places
9.Not represent establishments of which he is a member
10.Not appear in matters of pecuniary interest
11.Not stand as surety for client
•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
•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.
2. Sign-board and Name-plate
3. Not promote unauthorized practice of law
4. Consent of fellow advocate to appear
Conclusion:-An advocate’s conduct should reflect their privileged
position in society, which derives from the nobility of this
profession. In a nutshell, if you are an advocate, your service to the
common man should be compassionate, moral, and lawful.
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2)explain the provisions relating to a punishment of advocate for
misconduct and disclpinary power of bar council of India act
advocate act 1961.
Ans:- The legal profession is regarded as a noble profession by
society, and good ethics is a basic requirement of any profession. To
preserve the nobility of the legal profession, those who practise it
must adhere to and follow a set of ethical standards. Professional
ethics refers to the commitment to and observance of a set of
professional standards.
-Sections 3 and 4 of the Advocates Act, 1961, respectively, provide
for the establishment of State Bar Councils and the Bar Council of
India.
-Misconduct occurs when a person fails to follow professional
norms or ethics. The Advocates Act of 1961 makes no mention of
professional misconduct.
-The Supreme Court stated in the case of State of Punjab v. Ram
Singh Ex. Constable[1] that “misconduct in office” is defined as
“unlawful behaviour or neglect by a public officer that affects a
party’s rights.” In addition, the court noted that professional
misconduct could include:
Moral Turpitude.
Wrongful or improper behaviour
Wilful and unlawful behaviour is a prohibited act
encroachment
The act complained of bears a forbidden quality or character due to
carelessness or negligence in the performance of duty.
The term “Professional Misconduct” is not defined anywhere in the
Advocates Act, and a standard definition is impossible to come up
with. As a result, precedents in this area are the only reliable
source of information about what constitutes professional
misconduct.
-Moral turpitude is an act or behaviour that offends the
community’s sentiments or accepted standards. No person shall be
admitted as an advocate on a State roll if he has been convicted of a
crime involving moral turpitude, according to Section 24A of the
Advocates Act, 1961.
Furthermore, if a person who is already enrolled as an advocate
commits such moral turpitude, the Bar Council and its disciplinary
committee can investigate the matter and impose appropriate
sanctions.

•case, Justice K. Ramaswamy stated that any improper or wrongful

behaviour that is unlawful in nature and is done intentionally by a
professional person can be considered professional misconduct.
•Section 35
By prescribing standards of professional conduct and etiquette and
exercising disciplinary jurisdiction over the bar, the Bar Council
serves as a regulatory body. The Council also establishes standards
for legal education and recognises universities whose law degrees
can be used to qualify for a position as an advocate.
The Bar Council of India and each State Bar Council have
disciplinary committees to exercise disciplinary jurisdiction. Every
Bar Council must have a Disciplinary Committee, according to
Section 9 of the Advocates Act, 1961.
•Section 35[2] states that –
“Where on receipt of a complaint or otherwise a State Bar Council
has reason to believe that any advocate on its roll has been guilty of
professional or other misconduct, it shall refer the case for disposal
to its disciplinary committee”.
•The Disciplinary Committee can issue the following orders:
dismiss the complaint or direct that the proceedings be filed if the
complaint was filed at the request of the State Bar Council.
Reprimand the lawyer.
Suspend the lawyer from practising for as long as it sees fit
Remove the advocate’s name from the State’s list of advocates.
When dealing with any case brought under this section, the Bar
Council of India’s disciplinary committee must follow the same
procedure as set out in section 35
•any person who is still aggrieved by an order made by the Bar
Council of India’s disciplinary committee under section 36 or
section 37, or the Attorney-General of India, as the case may be,
may file an appeal with the Supreme Court within sixty days of the
date on which the order is communicated to him,
Case:Shambhu Ram Yadav v. Hanum Das Khatry
Conclusion:Advocates have the dual responsibility of zealously
protecting their clients’ interests while also acting as officers of the
court. As a result, they are expected to uphold the highest levels of
integrity and honour.
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3)Ans--The main objective of ethics in the legal profession is the
dignity and nobility of the profession. Advocacy is a job that
requires the representation of a person by another person so there
must be a set of ethics that needs to be followed. If ethics is
removed from advocacy, then it will become an issue for every
person, such as the advocate, the persons involved, and the judges.
-The Legal profession involves the Bar, the Bench, and the Persons
involved, and Professional ethics ensures that there is harmony
among these three organs of democracy.
-The main aim of this profession is that no innocent people have to
be punished
-Our legal system is formulated in a way that every person gets the
chance of representation.
•Existing Legal Framework
1. The Advocate Act, 1961
Before the incorporation of this act, the All India Bar (AIB)
committee gave various suggestions regarding the relationship
between ethics and this profession. Because of these suggestions,
the government of our country formulated the Advocate Act, 1961.
After this act, the government established the Bar Council of India
under the section of this act. The government made the Bar Council
of India responsible for establishing proper rules regarding the
professional ethics of lawyers. The council is also responsible for
having a proper check on whether these ethics are followed
correctly or not.

2. Bar Council of India Rules

Chapter II of the Advocate Act, 1961 deals with the formation of the
Bar Council of India and various other state bar council and their
roles and responsibilities. This chapter of the act deals with the
roles and responsibilities of the Bar Council of India, the election of
their members, powers of these member's disqualification, and
various other things.

3. Rules on Advocates Duty towards Court

The Bar Council of India has specified certain rules that a lawyer
must fulfil towards the court.
a)Act in a Dignified Manner: The lawyer must always act in a good
manner before the court. They must present their case in front of
the court in the most dignified manner and behave properly with
the opposite counsel during and after the case.
b)Respect the Court: The lawyer always has to respect the court as
it is very essential part of democracy
c)No Communication in Private: The lawyers are not allowed to
have any private communication with the judge when they have to
represent their client.
d)Refusal to Act in an Illegal Manner towards the Opposition: The
lawyer must always restrict their client from using any unfair
means to influence the case, the judge, and the other party
e)Appear in Proper Dress Code: The lawyer must always appear in
court in the prescribed dress by the court. They represent their
client in front of the court, so they must follow the rules of the
court first.
f)Not to appear in front of Blood Relation: This rule is established
under the act that if the lawyer and the judge have any kind of
blood relation, then the lawyer must not represent their client in
front of the judge.
g)Not to wear Bands or Gowns in Public Places: The lawyer cannot
wear bands or gowns in public places as it can lead to
discrimination in society. They cannot take benefit of the fact that
they are an Advocate
h)Not Represent any Organization in which he is a Member: If a
lawyer is a member or director of any organization then he cannot
represent the same organization in the court.
•Rules on Advocates' Duty towards Client:--
a)Not to withdraw from the Service: The lawyer cannot withdraw
from the service without giving any proper notice to his client.
b)Full and Frank Disclosure to the Client: The lawyer must disclose
all the facts to his client before representing him before the court.
c)Uphold the Interest of the Client: The lawyer must always uphold
the interest of their client on a higher level than their interest.
d)Non-Disclosure Agreement: The lawyer must not disclose any
conversation between himself and the client with any other person
e)Not to Appear for the Opposite Party: A lawyer cannot appear in
the case for the other party.
•The Fiduciary Relationship between Lawyer and Client
The fiduciary relationship between a lawyer and a client can be
understood as a relationship of trust between them. In this
profession, the client must trust their advocate as the advocate is
responsible for representing the client in front of the court. The
client needs to trust their lawyer completely as they share various
confidential information with their lawyer. The lawyer needs these
details to help their client find the best possible legal way to get
them out of the case
•Bridging the Gap between Legal Ethics and the Legal Profession in
Indian Courts:
Before the incorporation of professional ethics in law in our
country and the modernization of law, all the cases were dealt with
the principles based on the facts of the case. But with
modernization and globalization, it is understood that by only
establishing law one cannot provide justice to a large number of
people, and there are various reasons for the same
-Indian government tried to overcome this situation by establishing
Legal Aid
services in the country, but India is a very big country with a very
large number of cases, hence the Legal Aid Services are unable to
cater to all the cases.
-Ethics in lawyers were missing in earlier times and because of all
these reasons, the Indian Government has implemented a codified
law that governs the ethics of the lawyers in India.
-The government of the country has also taken various steps to
produce only good ethical lawyers. To do that, the government has
mandated a strict legal curriculum that every college should follow
-It is also not possible that only colleges will be responsible for
teaching ethics to these young lawyers. But when these lawyers are
guided in the right direction, then after getting into practice and
entering into the bar they will have more insights about the legal
field and their roles and responsibilities towards the society.
•Advantages of having Codified Professional Ethics: -It provides a
framework that is required to be followed by every individual who
comes into the practice
-In our country, codified professional ethics laws also restrict any
other government organization from providing their insights about
the practices in the bar.
-The bar can only make these rules accepted by everyone when
they have codified these laws and made it compulsory for every
lawyer to follow these laws.
-It provides both the lawyer and the other person their rights and
responsibilities.
Case:Allahabad Bank vs. Girish Prasad Verma; the Disciplinary
Committee of the Bar Council of India held that Verma's actions
amounted to professional misconduct due to the deliberate
suppression of material facts.
Conclusion:Professional Ethics in any profession can be also called
the morals that need to be followed while doing the job.