res of the ng because of bureaucrat ic indifferen: rtfalls ofthe state ote examining the various section of the Act, she ng Nee p (ofthe PESA stresses thatthe legislations wf x@ as be in consonance with the prevailig cit respective states. The section also q B structures of tribal communities and thei the ecology of their regions She, however, cautions against thi Societies. Itis wrong, she says, to assume t Avian ‘and that tribal societies have remained DX (be) Ar with mainstream society. With the exception of Gow ¢ » Aes, tribal ‘hildren in schools are not taught in their native language Tis as far reaching Significance to the survival of tribal cultures, even as the tribal communities ‘come in increasing contact with mainstream cultures. Alienated from theit Janguage, culture and the economic basis that supported the cohesion of tribal ‘communities, the tribal people fee! threatened. It makes them cling to practices ‘that are not necessarily in consonance with democratic and egalitarian norms. oy nt eerie clan Practical Training - | LLB 1st Year - 2nd Semester NAMITA LAW SERIES Professional Ethics & Etiquette Despite the pote of the Panchayti Raj Ac democratic politics, it waf made applicable to tribal in omission that negate} Fights of nearly 80° mi tribal people belonging 1 communities to s determination. It tri historic struggle by the people: U struggle 100 an be traced to resistance during the B period to the policies eroded their rights centtlements to the reso of their regi independence of had not appree transformed the lives o tribal population, pI on because of bureaue indifference to thie pig parly because of short the state polic Documenting he strug the tribal people fo inmplementati aieProfassional Etnies & [sitiquetke Practical Training - I (LLB First Year - 11 Semester) By Pankaj Kumar Singh B.L.S. LL.B Advocate High Court Published by Namita Law Series Law Books Publisher D-4, Sai Leela CHS Ltd., Plot No. 272. Gorai II, Borivali (West) Mumbai 400 091 Email: namitalawseries@gmail.coma Mamita Law Series®. -3~ Practical Training: PROFESSIONAL ETHICS AND ETIQUETTE PRACTICAL TRAINING ~ I tar Council of india [aa | INDEX S.No. | Topic LP.No.} [1 [Development of Legal Profession irre | Soceccke scoce, sorees oe wanes, WY Be copes, | oi pereemrer cheese etesson Ta (eee SYM, COMpNReY SOLE NOR ey A 5 tpreeenent atter Independence 6 | . cetreval swster", comouter system, ohotographic or other systen, teas ea is gr sessed < any form by any means whether eiecee, ty to the Coats mecanical digtal, eebeal, photographic oF otherwise with 5 [3 Duty to the fous as 2 Seer _wetien permession of the copyright holders, Namita Law 6 _| Duty to the Cl jens as Sees Muvbe. dey creach ‘wit ental’ legal ‘scion ond | [Co ibutt tothe Ootene ag prosecution without Rrther netae Duty to Colleagues rie 9__ Elements of Advoca i 20 ‘This Deck SS Ske subgect To the Concition that It or any part of it, Lig Seven Lamps of Advocacy 23 Sal vet Dy wey of trade or otherwise, be ‘sold, lent, re-sold, \_11_| How to become a successful Advocate. 27 Gaolawes, acvertioed or ctherwise Creilated, ‘either we 12” TFonctions of RRs 730 eabiishery rir wettten consent, (6 any fom of mony eee 13 Tea bne —2 ‘ie ther thar tha th which Wt Pubhed and MANOR soe Tee Relation 3 Seeeoet pectateten Any Se Say SRE ag] [ie ee 33 Concne Wan ean Oh cha ata oT SR OE Tove [Sansttution of State Gar Counat Sas] = 17 [Constitution of Bar Counal of Inds 38 18_| Contempt of Courts Act, 1971, S9 Wine every efit Nas been made te aveid any mistake of 19 {What is Contempt of Court er] cemiesten, thos gubication ts being sald on the tonto and 20 [Defenses to costemaar e wrsertanting Wak nates the author ner the publishers or J [Tp senses to Contermnge 6 | tres whe te ae any mariner te any person by FeasSr a tf ay stake er ermaesion te this puBICAMN GF Rie ay set ake wrniktoene be De Takes or advice rendered or accepted on Whe bask oF Os werk ["34— tian cnana Goa 82 2S_] 0. Choughan v. ‘84 You cals abert is te aly ettors tin the Book by e-mailing Sete vB ss Us om tnnmntalawmertes@emeiicon. We will be happy a : tee wont & seeNamita Law Series® ~4~ Practical Training. | PROFESSIONAL ETHICS AND ETIQUETTE Qu.Write in brief the development of legal profession in a eee charter of 1726, (which established Mayor's Court at the three Presidency Towns) no specific provision was made laying down any particular qualification to be possessed by the persons who would be entitled to Act or plead as legal practitioners in the Mayor's Court. It was left to these courts to feguiete this matter by rules of practice which these courts were authorized frame. The first step in the direction of organizing 2 legel profession in India was taken in 1774 when the Supreme Court was established in Calcutta. The Regulating Act, 1773 empowered the Supreme Court to frame rules of procedure as it thought that it was necessary for the administration of justice and due execution of its powers. The Supreme Court was empowered to approve, admit and enroll such and so many advocates and Attorney at law as the Court shall deem fit. Bengal Regulation VI of 1793 created for the first time, a regular legal profession for the Company’s courts. The Regulation called itself one for the appointment of Vakils or native pleaders in the Court of Civil Judicature in Bengal, Bihar and Orissa, Bengal Regulation XI1 of 1833 modified the Provisions of the earlier Regulations regarding the selection, appointment and remuneration of pleaders. It permitted any qualified person of whatever nationality or religions to be enrolled as a Pleader of Sadar Diwani Adalat. Parties were also given the freedom to settle with the pleaders any fee for their Professional services, The Legal Practitioners Act, 1879 by Section 4 empowered an Advocate or Vakil on the roll of any High Court to practice In all the courts subordinate to the High Court concerned and also to Practice in any Court in British India (other than a High Court on whose roll he was not entered or with the permission of the High Court on whose roll he was not entered), Namita Law Series® ~S~ Practical Training- 1 The Indian Bar Committee 1923 - Since the days of Supreme Court, the Barristers of England had come to occupy a predominant position in legal profession. For e.g. on the original side of the Calcutta High Court, only Barristers could practice even though other High Court had removed the distinction between Barristers and Vakils. The Committee recommended inter-alia that in all High Courts, a single grade of practitioners entitled to plead be established who should be called Advocates, To give effect to that part of the recommendations of the Chamber Committee which related to the establishment of Bar Councils, the Central Legislature enacted the Indian Bar Council Act, 1926. The object of the Act (as stated in its preamble) was to provide for the constitution and incorporation of Bar Council for certain Court and to consolidate and amend the law relating to the Advocates of such courts. The Act extended to the whole of British India but it applied immediately only to the High Court of Calcutta, Madras, Allahabad and Patna. Always Refer Namita’s Three Test Papers | with Solution (Based on University Question Papers) Ideal for last moment FULL VIEW at a glance Subjects - Constitutional Law, Environmental Law, Muslim Law, Law of Crimes, Contract - II, Jurisprudence, Land Laws, Criminology, Alternate Dispute Resolution, Law of Evidence, IPR.a) b) ° practical Training: | 0 ae veges poral siiaaned evelopment after Indep : gg4 « The Indian Bar Council Act io Bar committee. 1953 cticing in the Mofussil The Ae angers, Mukhatar Mae cect fod et the leader ies scope and did not bring about, a Courts, entirely O41 OT” the Bar-Counclls constituted under tied Indian Bar. Feri sory bodies and were neither the Act were mr any substantial authority. The Indian autonomous eno sasied wth what hod been achieved tage profession W85 1 eof 1926. With the establishment of the Supreme by the : by i of India In 1950 under the new constitution, a new force Qu a demand for a unified All India Bar. Under the Sup ap thoy ves ‘Act, 1951 every Advocate of the Supreme Court was declared entitled as having a right to practice in any High Court, whether or not he was an Advocate of that High Court. In 1961, Parliament enacted the Advocates Act 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 ‘Act establishes an All India Bar Council and a common roll of Advocates. An Advocate of the common roll has a right to practice in any. part of India and in any Court including the Supreme Court. The Bar has been integrated into a single class of legal practitioners known as Advocates. Advocates may be divided on the basis of merits between Senior Advocates and ‘Advocates. The Act creates @ State Bar Council in each State and Bar Council of India at the center. The Bar Councils are to be autonomous bodies having power to elect their own chairman, ‘The State Bar Councils is inter-alia empowered: to admit persons as Advocates on its roll, to entertain and determine cases of misconduct against the Advocates on its roll, ‘Safeguard the rights, privileges and interest of Advocates on its Namita Law Series® aTe Practical Tealning- 4 The Bar Council of India, inter-alia, prepares and i: common roll of Advocates, lays dovin standards of pecans conduct, lays down standards of legal ~ education’ ressoninal Universities whose degrees in law will be a qualification tee enrollment, exercises general supervision and control over State Bar ‘Councils and safeguards the rights, privleses od Interests of advocates. Any Advocate may, with his consent, fhe designated as a Senior Advocate if the Supreme or a High Court 1s of opinion that by virtue of his ability, experience and standing at the Bar, he deserves such distinction, Always Refer Namita Law Series University Paper Solution | (Till November 2012) & Namita’s Three Test Papers with Solution | | (Based on University Question Papers) | Ideal for last moment FULL VIEW at a glance | Subjects - Constitutional Law, Environmental Law, Muslim Law, Law of Crimes, Contract - II, Jurisprudence, | Land Laws, Criminology, Alternate Dispute Resolution, Law of Evidence, IPR.Q2eThe A Practical Training: 1 legal profession. pln ee also ‘isuse a tee ta ot Teac hewmen. na he Chen Setesniauesammto ot es Seeing time peta cae has stated & on fr should be in a position to that each >. sertal tribunal in the best and present its case defo Frost effective manner possible. cated. The language of Acts and Fen completed ceruing an 1 The citizens of the country require not easy ee undesoret understand the exact meaning of roe aeons ofthe Act and regulations. In the case of Madhav Engh (ain 1923 Pat 185) the Court has observed that se ecates and pleaders are enrolled not only for the purpose of Fendering assistance to the Courts in the administration of justice but also for giving professional advice for which they are ented to be paid by these members of the public who require their services. ‘Actually the law is very Regulations is often fount ‘The lawyers are not puppets to obey the dictate of their clients, where matters of good faith and honorable conduct are concerned. They are responsible to the Court for the fair and honest conduct of 2 case. They are agents, not of man who pays them but are acting in the administration of justice (in the matter of Babu Dwarka Prasad Mithal, AIR 1924 ALI 253) BE has rightly been observed that a sound system of the administration of justice should possess three ingredients, camely 2 wal-srepared bedy of laws on wise concepts of social justice, @jusical hierarchy comprised of the Bench and the Ber, leamed in the law and inspired by high principle of professicnal ‘conduct and existence of suitable generation ta ensure fair trial. Try Inge slay imeorant rie ip the maintenance of peace im the socety. The peace and order, no doubt, are Namita Law Series® ~~ Practical Training: 1 necessary for the very existence of the society. Learned C.L, ‘Anand has rightly stated that the advocates share with the Judges the responsibility for maintaining order in. the ‘community. They do not promote stripes but settle them. They stand for legal order which is one of the noblest functions in the society. Order which advocate seeks is not order of grave. It is order based on justice. Justice is the highest thing desired by man on earth. It is the function of advocates to plead for legal justice for their clients or decision of disputes according to the law. He has stated further that rights and liberties are the creation of law and are subject to limitations by the law. Advocates are every day defending rights and liberties of citizens against all violators of the law. The lawyers play important role in the law reform also. “By reason of the experience gained in the daily application and interpretation of laws, lawyers are best aware of the imperfection of the legal system and constitute the most competent class of men to advice on law reform and to promote popular enthusiasm and support for it. The most difficult part of the process of legislation is the drafting of its provisions and no one is better fitted to cive guidance on this than the lawyers”. Thus, the legal profession is a profession of great honor. It has been created not for private gain but for public good. It is net 2 money-making occupation but 2 branch of administration of Justice. Since it is not a business, 2 lawyer cannot sclicit work or advertise either directly or indirectly. An officer of the Court and required to maintain towards a respectful attitude bearing in at the dignity of the Judicial office is essential for the surviv ‘Supreme Court has rightly observ & partner with the judiciary in the (Hamraj L. Chaulani vs. Sar Councit AIR 1996 SC 1708). 2 of justice. of Mararas Gea,‘ 10 Practical Training: 1 Namita Law Series® ames “pole of an importance of 3.what is Professional rate in brief i f ind importance of advocate is as an off norms of professional : the requisites for succt oi ‘A. The dictionary meaning dso of court an cinies”. Discuss. Elabo! ssful adore, ‘science of morals’; f vethies" 1S Concerned with human meaning or wihich is, concerned with Tarver “enat branch of Pht vegal ethics’ is thus ne of a character and trith treads of the duties whic snoral science which tre [egal profession owes tO ~ a) the public, the Court, : 2) the profesional brethren and his fen confronted with numerous f the Bar, like well as legal. Members 0 | ene Court, and are equally responsible to tion of justice and uphold the honor of ere eofessicn of lav. No doubt, It is the business and duty of the advocate to make the best of his client's case, nevertheless itis algo the duty of the advocate to conform to the rules of the game which have been laid down by the traditions inspired by an imminent love of fair play and by a deep sense of a duty of the profession to assist in the administration to assist in the administration of justice. A lawyer in every day life is problems ~ ethical Judges are officers o! promote the administrat The following observations made by Shri Sundram Aiyar in his preface to ‘Professional Ethics’ are of a great importance and deserve a careful study. He says. “No advocate should forget, though he is representing a particular client, that he is an officer of the Court and owes duty to it. His office and secrets are confined to his care but also to the public, He occupies the favored position towards all people who appear as witnesses. tils privileges in examining them are extremely wide and his liberty of speech is practically unlimited, Need I say that these caceptional advantages should never be used for lawyer’s own Personal advantage, or for the gratification of his client's malice cowards his Beversary? J giould solemnly ask you to lay this to yield to the temptation of pri ing the Prieges of Your high office by making Yourself the instrument to the high and the low. Do not forget in your a - 7 Namita Law Series® ~~ Practical Training. 1 professional work, which will no doubt be your means of livelihood, that as a citizen you owe duties to the country and the community. Discourage dishonest litigation as well s¢ dubious and whose true interest, it will be your duty to protect in all proper way. The profession you are preparing to enter is no doubt a difficult one. It requires extensive and arduous preparations and continued and strenuous work, success is slow and uncertain, The work that you are at first likely to be able to do may appear tedious and dry, but if you preserve and do your work with full sense of responsibility, you are sure to become a useful citizen”, Every profession has its code of ethics and the law is no exception. If a man engaged in any kind of business or profession is dishonest or ungentlemanly it certainly does not enhance his reputation. Honesty and gentlemanliness in lawyer converse his many sins. An advocate who is a gentleman to his finger tips, is honest in his dealings, does his preparation well and gives due respect to the Court and his adversary is sure to command a great respect and regard of all. Justice Walsh in his book “The Advocate” remarks, “The first duty of an advocate is to be a gentleman. It he does not possess the natural instinct of a gentlemen; he will constantly find himself in trouble. One may be quite sure that an advocate who is known to be quarrelsome, and who constantly finds fouls of the Bench is consciously or unconsciously stepping over the line, and in his zeal for his client, is forgetting it himself and his duty to others”. The following are the golden principles of professional ethics: uphold high character, keeping on enhancing your learning and ‘make honesty your best principle, do not resort to ‘self-advertisement’ advertisement will come naturally qualities, in a conflict between interest and duty, duty must prevail, do not be tool in the hands of the clients, avoid engagement in a trial in which you are a witness, be fair to your opponent and to the Court, tell point blank the weak points of yours client’s case, do utmost for your client by all fair means, and last but not the least, do not work for both sides. because your with your professionalPractical Training: 1 onduct himself cae snl at 21 ee” of the Court, & hs status 25 20.50 gentlemen, bearing community agi for 8 person who is and Srofessional capacity may Wwthout prejudice to the avocete. an advocate shall be ng ooh g eH ents, and in his conduct Se oer ethics both in letter and in professor principles of conduct and ules Corrmides yet the specific mention as general Genial of the existence of others takes 2 eofically mentioned. (oreo) Always Refer Namita Law Series | University Paper Solution | (Till November 2012) | & Namita’s Three Test Papers with Solution (Based on University Question Papers) Ideal for last moment FULL VIEW at a glance Subjects ~ Constitutional Law, Environmental Law, Muslim Law, Law of Crimes, Contract ~ 11, Jurisprudence, Land Laws, Criminology, Alternate Dispute Resolution, = of Evidence IPR Namita Law Series® ~13~ Practical Training- I Duty to the Court ‘An Advocate shall, during the presentation of hi otherwise acting before a Court, conduct himself with dignity and self-respect. He shall not be servile and when ever there 1 Proper ground for serious complaint against a judicial officer, i shall be his right and duty to submit his grievance to proper authorities. is case and while An Advocate shall maintain towards the Courts a respectful attitude, bearing in mind thet the dignity of the judicial office is essential for the survival of 2 free community, ‘An Advocate shall not influence the decision of illegal or improper means. Private communicatior relating to a pending cause are forbidden, 2 Court by any ns with a judge ‘An Advocate shall use his best to restr: from resorting to sharp or unfair anything in relation to the Court, op; which the Advocate himself ought no Fefuse to represent the client who Conduct. He shall not consider himself a mere mouthpiece of the client, and shall exercise his own judgment in the use of Festrained language in correspondence, avoiding scurrilous attacks In pleadings and using intemperate language during arguments in Court. ain and prevent his client Practices or from doing posing counsel or parties t to do. An Advocate shall Persists in such improper ‘An Advocate shall appear in Court at all times only in the Prescribed dress and his appearance shall always be Presentable, ‘An Advocate shall not wear bands and gown in public places other than in Courts except on such ceremonial occasions and at such places as the Bar Council and at such places as the Bar Council of India or Court may prescribe. An Advocate shall not practices before a Judge sitting or a Bench of Judges, if the Judge or any member of the bench is related to the Advocate as husband, father, grand-father, son, brother, father-in-law, son-in-law, brother-in-law, uncle,practical Training: 1 daughter, sister mother-in- poten tof neces Tribunal or ny Court or 1 nat appear betO"e MY ution, society or : shall ization mittee of gy an advocate SO or Car ‘of the Executive Com ation. a a ciety or corpor: corporation, i institution or SO in any matter in which he id It rayocate should n0t 2ct CF plead it he Is creditor of a an ted, e.9+ ! self yeculiarly, interest peek 3 of director of 2 comPaNY rtify the soundness of a stand surety or cel soy an avocste shal HF Tequired for the purpose of any legal surety for hi proceedings. Iilustration An Advocate should not act in bankruptcy petition when he 1) MMncelf i also a creditor of the bankrupt, 2) He should not accept a brief from a company of which he Is a director. Always Refer | Namita Law Series University Paper Solution (Till November 2012) & | | |wemita ‘s Three Tes (Based on University Question Papers) Ideal for last moment FULL VIEW at a glance oLtast moment FULL VIEW at a ¢ eo t Papers with Solution Namita Law Series® ~15~ Practical Training: | Duty to the Client An ‘Advocate is bound to accept any brief in the Courts or Tribunals or before any other authority in or before which he profess to practice at a fe © consistent with this standing at the Bar and the nature of the case. Special circumstances may Justify his refusal to accept a particular brief, An Advocate shall not ordinarily withdraw from engagements, once accepted, without sufficient cause and unless reasonable and sufficient notice is given to the client. Upon his withdrawal from a case, he shall refund such part of the fee as he has not been earned, An Advocate should not accept a brief or appear in a case in which he has reason to believe that he will be a witness and if engaged In a case, it becomes apparent that he is a witness on a material question of fact, he should not continue to appear as an advocate if he can retire without jeopardizing his client's interests, ‘An Advocate shall, at the commencement of his engagement and during the continuance thereof, make all such full and frank disclosures to his client relating to his connection with the parties and any interests in or about the controversy as are likely to affect his client's judgment in either engaging him or continuing the engagement, It shall be the duty of an Advocate fearlessly to uphold the interest of his clients by all fair and honorable means without regard to any unpleasant consequences to him or any other. He shall defend a person accused of a crime regardless of his Personnel opinion as to the guilt of the accused bearing in mind that his loyalty is to the law which requires that no man should be convicted without adequate evidence. An Advocate appearing for the prosecution in a criminal trial shall so conduct prosecution that it does not lead to conviction of the innocent. The suppression of material capable of establishing the innocence of the accused shall be scrupulously avolded.Practical Training. directly, commit 2 breach of 4125 of the Indian Evidence at eny me, be 2 party to fomenting 1) an Advocate shall 90% fhesgenng) of MUGABE" a SE Sexo sy not act on the instructions of any person, his authorized agent. stipulate for 2 fee contingent on the 10)An Advocate shall 90% “P%5 chore the proceeds thereof, eats of iigations oF agree sll not buy or traffic or stipulate for or agree to ante eae or interest in any actionable claim. Nothing in The tule shall apply to stock, shares and debentures or Be niment securities or to any instruments which are, for the {ine beng by law or custom, negotiable or to any mercantile document of tte to goods. 12) An Advocate shall not, directly or indirectly, bid for or purchase tether in his own name or in any other name for his own benefit or for the benefit of any other person, any property sold in the execution of 2 decree or order in any sult, appeal or other proceeding in which he was in any way professionally engaged, This probibition, however, does not prevent an Advocate from bidding or purchasing for his client any property which his client may himself legally bid for a purchase, provided the Advocate Is expressly authorized in viriting in this behalf, 13) An Advocate shall not adjust fees payable to him by his eller against is own personal tlability to the client, which tlabilit 405 nok arise In the course of hi employment as an Advocal 14) An Advocate st hall not do anything whereby he abuses or takes Advantages of the confidence repos rm ] sed In him by his cllent. 15) An "i “ Fite {jhould keep accounts of client's money entrusted mccounts should show the amounts received 's behalf, the expenses Incurred for him Namita Law Series® ~17~ Practical Training- 1 and the debits made on account of fees with respective dates and all other necessary particulars. 6) Where moneys are received from or on account of a client, the entries in the accounts should contain a reference as to whether the amounts have been received for fees or expenses and during the course of the proceedings, no Advocate shall, except with the consent in writing of the client concerned, be at liberty to divert any portion of the expenses towards fees, 7) Where any amount is received or given to him on behalf of his client, the fact of such receipt must be intimated to the client as early as possible. 8) After the termination of the proceedings, the Advocate shall be at liberty to appropriate towards the settled fee due to him any sum remaining unexpended out of the amount paid or sent to him for expenses or any amount that has come Into his hands in that proceedings. 19) Where the fee has been left unsettled, the Advocate shall be entitled to deduct out of any moneys of the client remaining in his hands, at the termination of the proceeding for which he had been engaged, the fee payable under the rules of the Court, in force for the time being, or by then settled and the balance, if any shall be returned to the client. 10). A copy of the client’s account shall be furnished to him on demand, provided the necessary copying charge Is paid. '1) An Advocate shall not enter into engagements whereby funds in his hands are converted into loans, 2) An Advocate shall not lend money to his client for the purpose of any action or legal proceedings in which he is engaged by Such client, save urgent payments to the Court for a pending proceeding. 3) An Advocate who has, at any time, advised in connection with the Institution of @ sult, appeal or other matter or has drawn pleadings, or acted for a party, shall not act, appear or plead for the opposite party,——S 4 «Practical Training: | ~18~ Namita Law Series® ~ Namita Law Series® : aaa 19~ Practical Training. | Opponent 4) His sign-board or name-pli Duty to the ) le-plate or name-plates should be of : a way communicate OF negotiate ans a adicate pour or name-plate or stationery ran Advocate shall not In any Meontroversy with any Petey except academic icauneseay Gesignations or offices held by him 1 Bho the subeceete oe though that Advocate PI qualifications, an Advocal represented bY all legitimate 5) An Advocate shall not accept a brief without fee and shall not to carry out I do ae even though not reduced ri es of the Court. accept fee less than that which is the prescribed minimum 2) An Advocate shall when his client is able to pay. omises made to the oPI previting or enforceable under the ru eer J) The behavior of an advocate towards his colleagues should be full of courtesy and good faith even if he is not u getting such a nice behavior from the colleague. He should not oppose request of adjournment if it is not affecting interest of his client. practices against it licious 3) An Advocate must not use unfair oF We meen do fis opponent. He should not misuse the process of Cot injustice or injury to his opponent. 4) An Advocate should not make wild allegations against his cate should, not make ona evidence ) He should fulfill all the legal and moral promises made by him ‘opponent whic to his colleagues, and should never take advantage of any slip, omission, bona fide mistake or technical e1 5 5) An Advocate should not make unnecessary attacks on the eauneel® ror of the opposing reputation or character of his opponent or his witnesses. 6) An Advocate should not try to take undue advantage of the Always Refer error or bona fide mistakes of the opponent because 7 same can be corrected by them at a later stage by applying for a amendments. Namita’s Three Test Papers Duty to Colleagues with Solution | 1) An Advocate shall not enter appearance in any case in which (Based on University Question Papers) there is already an Advocate on record except with his consent. Ideal for last moment FULL VIEW ata glance 2) An Advocate shall not scrutinize or assail the conduct or competence or morals of other advocates. Subjects - 3) An Advocate shall not solicit work or advertise either directly or indirectly, whether by circulars, advertisements, touts, personal communications, interviews not warranted by personal relations, furnishing or inspiring newspaper comments or procuring his photographs to be published in connection with cases in which he has been engaged or concerned. Constitutional Law, Environmental Law, Muslim Law, Law of Crimes, Contract ~ II, Jurisprudence, Land Laws, Criminology, Alternate Dispute Resolution, Law of EvidenceEE ” 1) 3) 4) Practical Training: | ~20~ Namita Law Series® ADVOCACY ELEMENTS OF ADVOCACY Jients in favor of his cl who argues In is a person wl his case. Mavocacy is pleading in support of ice. I ‘ ‘An advocate coy I ating. THe following are the ut Courts of Just Advocacy Is not 2 cra! elements of advocacy: {in the Court - he Courts oF before which he prof tanding at the Bar ant a suit is required to be statement of ate is bound to accept other unals or before any Trfesses to practice at 2 fee \d the nature of case. An advoci Accept brie! any brief in tl authority in oF consistent with his st illing the case - In civil cast eee! ee Soe S'S esa ores hig case 210ng with cause of action etc. Oe the Fiaint, The pleint is also called the written statement, Every pleading is required to contain a statement in a concise if ‘ the material facts on which the party filing the plaint relies for his claim or defense. Pleading - There are four fundamental principles of pleadings Every pleading must state facts and no law; It must state all material facts; It must state only the facts on which the party pleading relies and not the evidence; and It must state facts concisely but with precision and certainty. The object of the pleading is to make both the parties aware of their cases and allegations made against each other. Every pleading shall be signed by the party and his pleader. Order VI of the Civil Procedure Code deals with pleadings. It contains several Rules relating to pleadings. An advocate shall follow those Rules in his pleading. Suit is commended by presentation of the plaint, Examination-in-Chief - which advocates witnesses, Examination-in-Chief is the way In Present almost all of the evidence through whether as counsel for plaintiff or defendant. Namita Law Series® ~21~ i Practical Traning-1 Examination of expert witnesses and the admission of expert opinions are also vital part of advocacy for which special stl is to be achieved according to the expert evidence. Cross-Examination - The examination of 2 witness by the adverse party shall be called his cross-examination. Witness shall be first examined-in-chief then cross-examined, later re. examined. The witness may be cross-examined to show his bias or prejudice, to show an interest in the outcome of the case, Cross-examination should be carefully done and to the extent when there is a reasonable chance that it will advance their client's theory of the case, or undermine some elements of the opponent's case or defense. Good cross-examination is an art and it is learnt from experience and from observing se advocates while cross-examining witness as well. In cross-examination every question is required to be asked with an object. By cross-examination discrepancies in the evidence of the opponent may be created. Cross-examination of witness is a procedural matter. It should be done according to the provisions of the India Evidence Act, Civil Procedure Code, Criminal Procedure Code and other provisions of the law. While cross-examining, an advocate must not offend the Personal feelings of the opposite party. Cross-Examining must relate to the relevant facts. An advocate has no right to disgrace and bully a witness by putting offensive questions. The witness may be cross examined on the same point and if there is a contradiction in relation to the transaction, the same can be brought to the notice of the, Court during arguments. Cross Examination should not be misuged by an examination which is unnecessarily too long, ambiguous, Improper, aimless and uncertain. An advocate should ask only ‘leading’ questions. Cross- Examination is an art and the advocate should use it without losing temper. Questions, which affect the credibility of a witness by attacking his character, should not be asked.practical Training: 1 ination should be nable @ there is a reas tent WNETE theory of the case, Or case or defense. it will advance chance that \dermine $0! of the opponent's undermi interrupt. the is a right me elements Cross- ould not ment advocate $I Gress The oppOnET octe,crss-Examinaion 3 7 Sovocate; but it should not be misuse’ ion of a witness subsequent t0 ant ae who called re-examination, 7 eject of the re-examination is t0 ex? fain The main let CFosecxarination, The, Te“exann arising Ott “pe direcing to the explanation of HM ot referred to in cross-examination. In the re-examination referred fo Tse mace to restore the credit of the wittie Stecked during the cross-examination. In re-examination attacked ation must not be asked. If new matter tS. Dy reat gign of the Court, introduced in re-examination, the adverse party has the right to cross-examination upon that matter. Re-examination the cross-examination by the Arguments - In arguing a case strongest points should be emphasized and the weak points should not be raised as far as possible. Arguments on each issue should be written out. The Fames of witnesses and the documents in support of the issue should be clearly noted. ‘An advocate should study the record of the case with the object to discover the weak points and also the strong points In the ‘opponent's case. An advocate should prepare the arguments In such a way as to meet them and prove them insignificant. If the advocate finds that a point of the opponent is very strong and cannot be met, then it is better to concede it. The weak points in the opponent case should be emphasized mush so as | j to prove that the weakness is of such a nature that in spite of everything else cannot be sustained. Appeals - Arguing of appeals in a Court of Law is also of Considerable importance. In the previous judgments, the Judge will have some reasonable ground, A careful study of the case | | Namita Law Series® ~3e Practical Training. 1 is required to find the points whi See ich were not noticed by the SEVEN LAMPS OF ADVOCACY Advocacy is an honorable professi parcel of Court. Their efforts solve the ape il Advocates defend the rights and liabilities. They hold » unece place in the society. Advocacy is not 2 craft but 2 callings profession wherein devotion to duty constitutes the halimare, Legal profession is regarded to be a n Bivsestet sietid pesca ete e eee anes cen equipment, Judge Abbot Parry in his book, "The Seven Lamps of Advocacy” called these important characteristics of advocacy as “seven lamps of advocacy’ and listed them as honesty, courage, industry, wit, eloquence, judgment and fellowship. Honesty - Honesty means the quality of straightforwardness; freedom from deceit, cheating or stealing and not telling lies. The best advocates of all generations have been devotees of honesty. Example for honest character is Abraham Lincoln who founded his fame and success on what some called ‘perverse honesty’. The nobleness of legal profession lies in. honesty itself. An advocate should not do illegal practices. He should not do any act which will lead to professional misconduct. He should disclose the real facts and legal position to his clients frankly. Honesty, integrity and character are inseparable. These three virtues together are essential for the success of an advocate. The great sages of law had sucked the law from the breasts of knowledge, honesty, gravity and integrity. Courage - Courage is the quality that enables a person to control fear in the face of danger, pain, misfortune, etc. An advocate must possess courage. He should face the pressures from outside with courage. Sometimes he has to fight against the State. He should not fear about the executive and politicians. He must perform his duty to safeguard the interests of his client.Practical Training. |) ~~ 0 ‘Law Series’ " on winere courage in times of in ood. a WeApON Courage I a charles Hutton’s, "He 7 5 of an advocate; bat, ig a form of co Advocacy seattle. If danger is hal imp. Acco! the forum as in the rey Prior qualification: he rh in perfection t ” ee ‘oldness and BoIdness a acl industry. cacy 1s indeed @ Ne on ‘an actor studies his recess in advocacy |S ition fang: belng eran Industry is the qual always employed usefully. lity of being har k san advocate must live like a hermit and wort Lord Eden ye coy ls a nelcuel profession. Integers kg knowledge will be sharpened with hrard work ang STN advocacy is the profession which requires ‘study Stony" throughout the career. An advocate must know about every trade. He must acquire the knowledge of every Rete. must learn about all professions. Industry brings a good fame and name to an advocate. Law changes day-to-day. To acquire Upto date knowledge an advocate must refer international and rational journals, reference books of his library and the Bar library. He has to work hard like a spider for the benefit of Is dient. 4) Wit - Wit means clever and humorous expression of ideas; liveliness of spirit. Wit flows from intelligence, understanding ‘and quickness of mind. Wit lessens the workload of an advocate. It relaxes his mental strain. Often the wit of an advocate will turn 2 Judge from an unwise course, where judgment or rhetoric would certainly fail. The lamp of wit Is needed to lighten the darkness of advocacy. 5) Eloquence - The success of an advocate depends upon his eloquence. Eloquence means fluent speaking and skillful use of language to persuade or to appeal to the feelings of others. | Fuent speaking impresses the listener. An advocate must be luent, skillful in using appropriate words to impress the Court. Eloquence attracts the attention of thi : Li related to the art of oratory. arc ot nisnnes ei “Eloquence of manner is real | Namita Law Series ~25~ Practical Training. 1 eloquence’ and there Is a physical as well as ps to advocacy. well as psychological side judgment - Judgment is an intellectual inspiration which enables a man to transiate g right action’. In judgment one has to estimat form an opinion about the Issues with good s ‘An advocate could be in a position to judg demerits of the case on hearin document. He should inform his client the legal ; Position o after the judging the issues. Here judgment is not "giving the decision of the case by the Judge in the Court’. Judgment means the study of the case in deep by considering all the shades of the consequences. In nothing does the lawyer more openly exhibit want of Judgment than in prolixity, capacity, ‘the jood sense into fe, consider and ‘ense and ability. je the merits and 19 the brief and seeing the Judge Abbot Parry has referred to judgment as one of the seven lamps, but he refers to it essentially, as an intellectual capacity, ‘the inspiration’ which enables a man to translate good sense into right action. Example, ‘seeing the right point of his case’ and the like. Fellowship - Fellowship means the membership in friendly association or companionship. Fellowship is exactly like a great public school, the boys of which have grown older, and have exchanged boyish objects for manly objects. Though the advocates are opponent parties before the bench but are not enemies with each other. Their conflict ends as they come out of the Court, Daniel Webster says, “Lawyers on opposite sides Of a case are like the two parts of shares, they cut what comes between them, but not each other”. There is no discrimination of age, ability, experience and riches etc. between the advocates. All are equal. Courts give them all equal respect. Among advocates, there is just the same rough familiarity, the General ardor of character, the same kind of unwritten code of moral and manners, the same kind of public opi expressed in exactly the same blunt, unmistakable manner. By keeping the lamp of fellowship burning, advocates encourage each other by sharing the knowledge to walk in the light of the seven lamps of advocacy.Practical Training. ~26~ his book yer, in krisnnaswamy lamp ice, Lv. Krishnaswath 14. one more . joc 274 AdvOEACY * secrustions skillfully and ople 3! vocate ™ nent party: sole of unequal na position to onent advocate in oPhity have failed for quarrel with Court or om and outside. Men of : equarrelling with the apiity have their dignity over trifles, forgetting cir | they are ma ig their COMES jg realty founded on human side of putting ust be | tac. Tact involves an property refers to the ¢ one’s judgment. ~~ always Refer Namita Law Series University Paper Solution (Till November 2012. ) | & Namita‘’s Three Test Papers with Solution (Based on University Question Papers) Ideal for last moment FULL VIEW at a glance mita Law Series® ae Practical EQUIPMENTS OF AN ADCOATE (HOW TO BE A SUCCUSSFUL ADVocaTE) justice Raj Kishore Prasad (in 2 paper read at Rota, meeting, Patna, as published in 1956 AIR Journal Section) meted the equipments of an advocate to become a successful one ce follows:- Honesty, Integrity and Character - An advocate should be honest and must be 2 man of integrity and character. Along with these he should possess straightforwardness to be appreciated by the Court and the client alike. All great people become great due to their divine knowledge, honesty, gravity and integrity. Honesty is the quality of freedom from deceit, cheating, stealing and telling lies. Integrity is the quality of completeness and upright in character. Character consisting both mental and moral qualities, make one person different from others. These three virtues of honesty, integrity and character go a long way towards the success of an advocate. Patience and Perseverance - Patience is the power of enduring trouble, suffering, inconvenience, without complaining. An advocate with patience will have ability to wait for results, to deal with problems calmly and without haste. Perseverance is constant effort to achieve something. Patience and perseverance are two hands of success. An advocate who is capable of labor, with maximum patience, self-confidence and faith is honored by all, He should not be a defeatist and pessimist. Exact thinking and exact expression are needed for 2 successful advocate, “Accuracy, and diligence are much more necessary to a lawyer than great comprehension of mind or brilliancy of truant” says Denial Webster. Legal Learning - The learning of law does not stop with the acquisition of law degree from a university. To acquire professional knowledge he has to continue the learning process. To learn law an advocate should study law, and not merely read It, He should not taste and chew the law but he should digest it. The law should be studied in a spirit of enquiry. He must bepractical Trainings | ~28~ dy. He must case stu and oda of Law’. cons of ACLS and CASE sectors moving enev ee not only be the e should education = AP en 7 the contemporary srs facuty ~ 12, DUE Dg Natural and) PHYSCR! fof both Social S g and he has ot vi it ith ve must touch evel vif he is gifted wit A ratks of life of human Dee hitect in the Fall subjects, he can Cl aw to reach th study 4) General master 0 knowleds Scences. to study Knowledge profession. ng the power of ap pepe f peing able to call a eat oc kat wily Aye no use of reading if he falls to store Prof. Blackie says, “By memory T do not ection, but the faculty of the mind that he hour of need to put his hand in the vtivated and gained by system, result of intensive study”. An 95, but if he fails to f no use to him. 5) Memory keeping them bed memory. An advert the matter in memory. mean wholesale reprod will help en advocate at tt proper place, one that is cul order end clessification, as the yf advocete may have in memory many thins ise them skillfully when needed, they are of ‘advocate shi rts - An advocate should read the current his knowledge upto date. The Law Journals ‘and Reports publish the case laws and articles on law issues. An ‘advocete should not only study the law reports, he should also preserve them to refer again and again and to produce in the Court in support of his arguments, 6) Study of Law Reps law reports to make 7) Use of Legal Phraseology - Every science has its own terminology. In the similar way law also has its phraseology peculiar to itself. Every phrase of law has its peculiar and special meaning it carries. No other word is suitable to be used in ts place, To express some feeling he should use appropriate ord te convey such meaning, The elegance and dignity of uments in Court can be exposed through correct use of the 8 ) ated in Court - An advocate should maintain calmness. He ectable to the Court. He should never, interrupt 9) 110) Citation of Author aw Series® ~29. namita b Practica "actical Training. 1 a he speaks, bi tne Judge when , but should Untplete his statement, He should not reply im a .ua9e, %0 uestion put by the Judge. He should speak poker oY to the an advocate should not argue when he is n Nruge. He should not continue his argument ree (,°Y the ‘aks him not to proceed further, nthe Judge an advocate should not lose balance, Snything Is expressed against his opinona na ane Coun 2ipmit his opinion but with humility and modest alos OY humor. He should be exemplary calm and cool sng wit smiling. He should argue logically but not contront or cuarrar presentation of case - An advoc. Preningfully his case arranging his thousnes in reset Sequence and chronological order without confusion. He cheald not give scope for the lapses or inaccuracy and misstatement Of facts. He should not repeat the arguments again ma advocate should not conceal adverse points, but present th special circumstances of them. ¢ - jes - He should quote Sitetions. He should always take core of ting the latest authority on the particular point. If the decisions of a Supreme Court or Privy Council are there which supports his case he should present them instead of the decision of lower Courts. He should skillfully select correct and suitable one amongst several decisions. He need not go for a number of citations. It is always better to cite a few recent cases which have a close resemblance to the facts of his case. He should refer the volume, number, and page on which he wants to rely for his Proposition of law. 11)Independence and Dignity - An advocate should maintain his dignity, independence and integrity. An advocate should discharge his duties fearlessly and faithfully. He should not be a headstrong and arrogant. He should not be proud of himself. He Should give consideration for others. He should fulfil his duties with the eternal and immutable interests of truth and justice.Practical Training. 1 ~30~ is of AN ADVOCATE FUNCTION: ctions of great a itt states the fen as \dvocate in ‘arthur T. Vande Jing terms:= Ce manner of man they most need wide and deep ty and most in ability to 1) Atruly great in the varied ¢ disinterested advice Kowledge of human nature 3 truly great couns feult of all aoe! ds of the faw. ne in the art of forecast the tren xilled and trained 0 2) An able advocate 6 2 SO egal rights of men both In the prosecuting and defending the lege! Tg men ath the i ta gi Pral courts and on appeal. Advocacy Is nor 2 3 Wri Gar as well as in its appellate aspects, It involves several tered. A oct arts, each of which must be studied and mas' Unless 2n advocate has had experience, it is difficult to see how vss os thoroughly competent counselor for he will not be E35 evaluate his client's cause in terms of the realities of the Court rooms. ‘cate is to do his part individually and as member of the prove his profession, the Courts and the for @ Counseling calls 4 nd of modern sociel ling calls for @ 3) An advos organized Bar to imy law. 4) In a free-society every advocate has a responsibility that of acting as an intelligent, unselfish leader of public opinion. 5) Every advocate must be prepared, not necessarily to seek Public office bi ic i pa ut to answer the call for public service when it ‘These five - (I) counseling, (il) advocacy, {iil) improving his professi n ion, the Courts &w Headership in moulding public apinen ana Unselfish holding of ff functions of the rest sovoceter oo 1) 2) aw Series® oe Namita Ls ra tical Training. PRACTISE OF LAW - WHETHER A Businy ESS ractice of law is 2 noble profes the following reason: sion, but not business due to profession of law is related to ' Prey are guardians of justice and tbaaistration business is profit-making. They spend money motivo doing goods and services and sell them for money. tne roeure the between the returns and costs are the profits, 7 The difference ig worshippers of Mammon (The Goddess of wesusinessman the advocates who practice law are the wormetn wnereas (daughter of Zeus) ‘the guarantor of justice PPETS of Dike Of justice, profession is occupation requirin e ad ‘ special training. A person possessing eee Education “and into the profession of advocacy. Business mesne tone te buying and selling. Any person can do business, A burner cannot practice law. om In practice of law there is no con: cept ‘loss’, But i there i the sk-bearing of losses, If the busmnesatun foe es se away all the goods or fail to get returns in excess a penditure incur losses. In legal profession there is no mor : expe re is no money a goods a Services are sold in the market at 2 P is fixed by the forces of deman per le 1 of Chapter of Parti of he bas eave os a a at of the Bar Council of Indi fe an advocate fs bound to accept any brie in the Courts cr prbunals or before any other authority in or before which he Barend eens at a fee consistent with his standing at the sand the nature of the case. In fixing fees an advocate Should sever forget that the profession isa branch of nn aavoeae of justice and not a mere money-making trade, Gage vocate shall not accept a fee less than the fee taxable rules when the client is able to pay the same.Practical Training. | jon of goods and f law there i ibuti tivities of distri the ce and selling: 10 practice of f pure is only Beostng service to the needy persons: be good for society. Yat opium or liquor which person who is in legal profession. He protects the peace and may not yusiness, 6) While doing B For example, harm to the man works for the wel prosperity in the society. ere will be cut throat competition: Businessman LZ tn pone poze the trade. For this he will involve It | bath Tegal and egal acts. He tres to Dnbe the bureaucrats, Where legal atvocate influences the Court while practicing tat. Th legal profession is purely based on ethics and etiquettes. \e ‘advocetes are the guardians of order, justice and liberty. They sre protectors of human rights. 8) In business, people organize in several forms. For example, weieproprietorship, partnership, joint stock company: co- Gperatives and State enterprise and Multi-nations, with the ooree of individual benefit. In legal profession advocates serve ia Law Series ~33~ Namit Practical Training. 1 47 of Chapter II of Part IV of the Bar Coungy advocate shall not personally engage in any bono Y business; Tm doing business propriate State Bar Inconsistent with the rule rules, an put he may be sleeping partner in a fi bubvided that, in the opinion of the : prowell, the nature of the business is not Gignity of the profession. according to Rule 50, an advocate gucceeded by survivorship to, a family bese it, but may not personally participate in va thereof. He may continue to hold a share with Management business which has descended to him bj others in any inheritance or by will, provided he dong aEwarship or participate in the management thereof. ry ‘as inherited, of SS May continue Personally In Bar Council of Maharashtra vs. M, SC 242) Justice Krishna Iyer held that "The bor ae 1998 guild, like that of barbers, butchers and candlestick anes! but, by bold contrast, a public institution committed to. rs re justice and pro bono publico services. The grant of a m Cae license to practice law is based on three assumptions - _ ingiviguelly or in partnership. They work for the public cause and public safety. 1) There is a socially useful function for the lawyers to perform, y' 2) The lawyer is a professional person who will perform that function; and 9) In business, there are buyers and sellers and a trade will take place. The counsel's relationship with his client Is primarily a matter of contract. The relation is in the nature of agent and principal. The agreement determines to what extent the counsel can bind his client by his acts and statements, what shall be his remuneration. It is a relationship of trust and confidence. 10) Business is a relationshi ip of individuals in the society wh the practice of law is ae the practice of law fs created by the State for public good and is 1) Business transactions are regulated by the Statutes of State {ke Companies Act Partnership Act etc. In legal profession Bar Council, an autonomous ody regulates and supervises the Sana of its member. It can also take disciplinary its members, who violate the rules of conduct. 3) His performance as a professional person is regulated by in ae more formally, by the profession as a whole. The u nction that the legal profession must perform is ing less then the administration of justice. The practice of Law, hi i i : how business of profit. Sao eres orn MG heeeaae ay profession is a Remember ing and it is a learned and liberal profession. business, oil ‘5, that it is a profession; it is not a trade or findamienetey eer between the two is deep and You owe se In business your sole object is to make money. aneranee luty or obligation to anyone except to yourself. You standand the means to achieve your aim ‘and there no Is to limit or restrict your actions. In the profession,practical Training: | ae Pr r aw Series® ditions to tal, You have tra‘ is purely incidents artist there has to be e true, Uke to be true. - ion, Service to society and to attain perrerninant motive underlying Your making of money which you have assionate desire to pasatow men has to De work” BAR-BENCH RELATION Bench cessity of Bar he importance and ne hears ear an, OY, eng to take \dministration of justice, what sens war ara BenEN EAL ET aatn f “ fered be pgses adtminister the law with the assistance of the lawyers. M, Das v/s Advocate- ‘The lawyers are officers of the Court.(L. Pee ee) onisso, AIR 1957 SC 250; P.D. Gupta v/s Ram. Murty Fin 1998 SC 283; Advocate-General v/s Amanullah, AIR Mad 162.) inistration of They are expected to assist the Court in the adm! justice. (Advocate-General v/s Amanullah, AIR 1967 Mad. 162.) Actually lawyers collect materials relating to the case and thereby assist the Court in arriving at a correct judgment. The legal profession has been created not for private gain but for public good. It is a branch of the administration of justice. It is @ partner with the judiciary in the administration of justice. (Haniraj L. Chulani v/s Bar Council of Maharashtra and Goa, AIR 1996 SC 1708.) Since the lawyers are officers of the Court, they are required to maintain towards the Court respectful attitude bearing in mind that the dignity of the judicial office is essential for the survival of the society. During the presentation of the case and while acting otherwise before the Court, an advocate Is required to Conduct himself with dignity and self-respect. He should not Influence the decision of the Court by any illegal or improper means. He should use his best effort to restrain and prevent his client from resorting to unfair practices in relating to the vara tae ser Practical Tratning- 1 | an advocate should not consider hi Conrtnplece of the client and should exercise his own: puoites mane use OF restrained language, in dealing with the cout He im tuid not use intemperate language during arguments tn tre snot, He should avold scurrilous attacks in pleadings, . ides, the Court acts on the statements of the adv therefore the advocates are under obligation to be absolutely fair to the Court. They are required to make acairate farrements of facts and should not twist them, An advocate is inder duty not to misguide the Court. He should not cite Knowingly an overruled decision or a repealed statute, However, an advocate should not be servile and in case there is proper ground for complaint against a judicial officer, it is not only his right but also duty to submit his grievance to the proper authorities, He should always bear in mind that he is an officer of the Court and part of the administration of justice. If the Courts or Judges are not respected, the whole administration of justice, of which he is a part, will result in the complete death of the rule of law. Thus, the lawyers should uphold the dignity and decorum of the Court and should not do anything which brings the Court into disrepute. Many duties of the lawyers to the Court have been codified by the Bar Council of India. The breach of such duties is taken as professional misconduct and it is punished I accordance with the provisions of the Advocates Act. Actually self-restraint and respectful attitude towards the Court, presentation of correct facts and law with a balanced mind and without over statement, Suppression distortion or embellishments are requisites of good advocacy. In Vinay Chandra Mishra, AIR 1995 SC 1348, itis the ay of lawyer to uphold the dignity and decorum of the Court dremuSt Not do anything which bring the Court itself in to sso Ute LM: Das v. Advocate General, Orissa, AIR 1957 SC M renal respect is necessary for the maintenance of the cordial ine ,otween the bench and the Bar, The judges play escent fre ih the maintenance of rule of law which is Pan for existence of the orderly society. It has rightly been 'y Mr. C L Anand that there is no office in the State of