Submitted by, Mohammad Hussain BL – 0227 Date: - 16th Feb, 2021 General Conduct & Appearance of Advocates Before Court of Law Introduction In furtherance of the powers vested in the Section – 55 of The Legal Practitioners and Bar Council Act – 1973, The Pakistan Bar Council – a statutory body to regulate the affairs of the Bar Councils and administrative body of legal practitioners has described certain rules. These rules also prescribe certain Bar Code Instructions (BCIs) for the legal practitioners or advocates specifically in Chapter – XII of The Legal Practitioners and Bar Councils Rules – 1976. These rules comprehensively discuss the professional conduct of the advocates and the mannerism of the profession. From Rule. 134 till 175-B, professional conduct of the advocates is categorically discussed with regard to other advocates, clients, general public and their duty towards the Court of law.
General Conduct of Advocates
It is the duty of every legal practitioner or advocate to uphold at all times the dignity and high standing of his or her profession, as well as his own dignity and integrity as a member thereof. It is a duty of every advocate that he or she shall not communicate the about a subject of controversy with a party represented by other advocate in his absence or even without their counsel’s consent. It is a settled general conduct of the advocates not to create any personal clash or grievance with the opposing counsel due to the ill-feelings between the parties. As a part of general conduct for the advocates, it is a right of a senior advocate to lead the case where more than one advocates are representing the case, while junior members should assist him, unless the senior so wants. To respect the senior and older members of the fraternity. In this way, senior members or advocates will be courteous and helpful to the younger ones as well. An Advocate in his professional capacity shall not advice the violation of any law to his or her client. No matter what the circumstances are, violent and unlawful behavior is unacceptable and condemnable in the fraternity of learned advocates and Bar Councils members.
Appearance of Advocates Before Court of Law
Respectful appearance with humble attitude enhances the honor and dignity of our Honorable Courts. This kind of behavior of our learned advocates also enhances the integrity and trust in the Honorable Courts. To maintain this behavior and appearance with gratitude before the Honorable Courts, Rule. 159 till 167 are empathically stressed to be followed by the member of legal fraternity. It is the duty of Advocates to appear in Court when a matter is called and if it is so possible to make satisfactory alternative arrangements. The learned Advocates must maintain their proper dress code while appearing before any Court of Law or while attending the meetings of the Bar Councils or Associations. An Advocate should in general refrain from volunteering his legal opinion or addressing any arguments in cases where he is not involved. Unless, he may be appointed as amicus curie to assist the Court. Advocates must not publish substantial material in print or electronic media as to pending or anticipated litigation may interfere with fair trial in the Courts and otherwise, prejudice the due administration of justice. An Advocate shall not intentionally misquote anything in the Court that may affect the testimony of a witness or contents of a document, nor shall he misquote any decision. It is an integral duty of Advocates to endeavor to prevent political considerations from outweighing judicial fitness in the appointment and selection of judges. It is the fundamental duty of an Advocate to maintain respectful attitude towards the Court, so that the honor and integrity of the Court must be upheld. It is the duty of Advocates to appear in Court when a matter is called and if it is so possible to make satisfactory alternative arrangements.