ASSIGNMENT (BRIEF)

-A lawyer is only answerable to the client or the Court. As stated by the Hon’ble Supreme
Court, Lawyers are not a guild of candlelight or butcher’s representatives but a class above to
uphold the law of land. The decision of a lawyer to represent a client, in any case, should not
be considered business or any other term. Conflict of interests should be considered
beforehand by lawyers before taking up cases and they should represent every case with
impartiality. However, a lawyer should never stand against the represented client as there is a
duty to represent the client with utmost dedication in the case. In India there is an absence of
conflict of interest regarding the duties of a lawyer and the same is only considered with a
judicial response. Personal interests should never be implemented or seen as a factor to take
up cases as it is well in the duty of a lawyer to uphold the neutrality of the judicial system.
The opinion of the general public that the representation of clients is a business is wrong in
my opinion, as the concept of law is whole in itself and both parties have a right to legal
consulting and terming such which is a guaranteed right as ‘business’ is wrong whether or not
incidents are supporting the claim.

-Advocacy is a noble profession and the standards are well defined. There are several ethics
and etiquette involved in the work of a lawyer and that includes preparing the facts of the
case as a sense of duty to their client and the court. The lack of preparation delays judicial
proceedings or worse prompts for a lost case. It is in the profession to respect the court and
law and that also involves preparing well for a case as an answerable duty to their client and
the court. Once the lawyer accepts a client to represent, they have a sense of duty towards the
client in proper representation and service of law, and the sense of duty must be followed
with being fully prepared with cases.

-The Bar Council Of India has strictly stated and defined the behaviour and etiquette a lawyer
must follow in court. The behaviour and dress of a lawyer are imperative to maintain the
nobility and respect the judiciary has in the country and the minds of the people. The lawyer
must be polite and respectful in court and act in a sense of respect towards justice and the
court. The lawyer should not make contact with the judge in private, refuse any illegal
manners, appear in proper dress code and never wear the dress code in public places, refuse
to represent clients who insist on unfair means, never plead before a blood relation, and never
appear for cases of financial interest. The nobility and neutrality of the court are contributed
by the behaviour of Lawyers and Advocates whether in matters of dress or communication.
- Amicus Curia or ‘friend of the court’ is a party that is not part of the litigation but is allowed
by the court to advise it in respect to some matter of law that directly affects the case. The
role of Amicus Curiae is to help the court uphold the impartiality and neutrality of the judicial
system. The person represents the unbiased will and a representative of public opinion. If
one of the parties is underrepresented, the court gives an initiative for fair proceedings to
make sure no party is at a disadvantage. Indian courts have invited Amicus Curiae to partake
in proceedings to help the court not only improve their scholastic point of view in cases but to
ensure the judgment has a big factor of equity. The principle that governs the role of a friend
of a court is to be a companion to the court but not as a companion to any or both of the
parties in the case. The person is generally not paid for the duties taken up and also has
reserved no option to show up or record briefs. A friend of the court has limited liability to
act and the option of Amicus Curiae is used in cases of appeal or cases of Public Interest
Litigation.