Advocates are officers of the Court and play a vital role in the administration of justice. Being officers of the Court, they owe a duty to the Court. These duties are provided to all advocates per the rules of the Bar Council of India.
Advocates' duty to the Court is provided under Section I of Part VI, Chapter II of the Bar Council of India Rules. These rules have been made under the powers enumerated in Section 49(1)(c) of the Advocates Act, 1961.
Advocates Duty to the Court
1. Act dignifiedly
An Advocate shall conduct himself with dignity and self-respect during the presentation of his case and while acting before a court. He shall not be servile, and it shall be his right and duty to bring his complaint to the attention of the authorised authorities whenever there is reasonable ground for a serious complaint against a judicial officer.
2. Respect the Court
An Advocate must have a respectful approach towards the courts, keeping in mind that a free society cannot survive without the judicial system's integrity.
3. Not communicate in private
An Advocate shall not influence a court's decision in any unlawful or criminal way. Personal communications with a judge relating to a pending case are forbidden.
4. Refuse to act illegally toward the opposition
An Advocate must use all reasonable means to restrain and prevent his client from engaging in unethical or immoral behaviour or doing any other action concerning the Court, the opposing counsel, or the parties.
5. Refuse to represent clients who insist on unfair tactics
An Advocate shall decline to represent any client who insists on engaging in such unethical behaviour. He shall not regard himself as merely the client's mouthpiece. He must use his judgement to avoid slanderous language in petitions and impolite courtroom debates and restrain himself from using it in correspondence.
6. Appear in proper dress code
An Advocate must always show himself professionally and wear the prescribed dress when appearing in Court.
7. Refuse to appear in front of relatives
An Advocate shall not enter an appearance, act, plead, or practice in any manner before a court, tribunal, or authority mentioned in Section 30 of the Act if the sole or any member thereof is related to the Advocate as a father, grandfather, son, grandson, uncle, brother, nephew, first cousin, husband, wife, mother, daughter, sister, aunt, niece, father-in-law, mother-in-law, son-in-law.
*For this rule, Court shall mean a Court, Bench, or Tribunal in which the relation, as mentioned earlier of the Advocate, is a Judge, Member, or the Presiding Officer.
8. Not to wear bands or gowns in public places
Except for ceremonial occasions and locations that the Bar Council of India or the Court may specify, an Advocate shall not wear a band or a gown in public settings other than those associated with courtrooms.
9. Not represent establishments of which he is a member
Where he is a member of the Executive Committee of the organisation, institution, society, or corporation, the Advocate shall not appear in or before any court, tribunal, or other authority on behalf of or against the organisation, institution, society, or corporation.
10. Not appear in matters of financial interest
An Advocate should not act or plead in any subject matter he is pecuniary interested in.
Illustration:
I. He should not act in a bankruptcy petition when he is also a bankruptcy creditor.
II. He should not accept a brief from a company where he is a Director.
11. Not stand as surety for a client
An Advocate shall not act as a surety for his client or vouch for the reliability of a surety needed for any judicial proceedings.
Frequently Asked Questions
Q1. What is the punishment for an Advocate who violates his duties towards the Court?
A1. If an Advocate fails to perform their functions in such a manner that due to their acts, the honor, dignity, and integrity of the courts are affected, it would be considered misconduct. The penalty for such misconduct can be suspension from practice or disqualification.
Q2. Can an Advocate be charged with contempt of Court?
A2. Yes, an Advocate can be charged with contempt of Court if they are found guilty of any act that interferes with the administration of justice or undermines the authority of the Court. The Supreme Court of India has held that an Advocate who indulges in misconduct or misbehavior in Court can be punished for contempt of Court.
Q3. What is the difference between a lawyer and an Advocate?
A3. In India, the term "lawyer" refers to a person who has studied law and is qualified to practice law in India. On the other hand, an "Advocate" is a lawyer registered with the Bar Council of India and authorized to practice law in courts and tribunals.
Q4. What is the role of the Bar Council of India?
A4. The Bar Council of India is a statutory body established under the Advocates Act 1961. It is responsible for regulating the legal profession in India, setting standards for legal education, and approving law schools in the country.
Q5. Who is a Senior Advocate?
A5. If the Supreme Court or a High Court is of the opinion that a lawyer merits such designation due to his skill, position at the Bar, or unique knowledge or expertise in law, the lawyer may be designated as a Senior Advocate.
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