Professional Ethics

ADVOCATES AND CONTEMPT OF COURT

- KETANA KRISHNA
ROLL NO. 682

INTRODUCTION

A robust advocate is the best benefactor of a judge who is ambitious of a bright career.
Judges and advocates are complimentary to each other. Both these arms of justice should
develop pari pasu, respecting each other’s independence and enabling each to learn from the
other.1 It has often been noted that an over-subservient Bar would be one of the great
misfortunes that could happen to the administration of justice.2

Advocacy is a noble profession and an advocate is the most accountable, privileged and
erudite person of the society. He acts as a role model for the society and thus, it is necessary
that he be regulated.3 The credibility and reputation of the profession depends upon the
manner in which the members of the profession conduct themselves. It’s a symbol of healthy
relationship between Bar and Bench. 4

In Radha Mohan Lal v. Rajasthan High Court5 it was observed that advocacy touches and
asserts the primary value of freedom of expression. It is a practical manifestation of the
principle of freedom of speech. Freedom of expression in arguments encourages the
development of judicial dignity, forensic skills of advocacy and enables protection of
fraternity, equality and justice. It plays its part in helping to secure the protection or other
fundamental human rights, freedom of expression, therefore, is one of the basic conditions for
the progress of advocacy and for the development of every man including legal fraternity
practising the profession of law. Freedom of expression, therefore, is vital to the maintenance
of free society. It is essential to the rule of law and liberty of the citizens. Advocates are given
liberty of expression. But they equally owe countervailing duty to maintain dignity, decorum
and order in the court proceedings or judicial processes. Any adverse opinion about the
judiciary should only be expressed in a detached manner and respectful language. The liberty

1
JusticeV.K. Menon, “V. G. Ramachandran’s Contempt of Court”, 6th edn., Eastern Book Company
2
James Francis Oswald, "Oswald's Contempt of Court: Committal, Attachment, and Arrest Upon Civil Process"
3
Dr. Elbe Peter, "Professional Misconduct of Lawyers in India"
<http://www.legalservicesindia.com/article/article/professional-misconduct-of-lawyers-in-india-1665-1.html>
4
Dr. Elbe Peter, "Professional Misconduct of Lawyers in India"
5
(2003) 3 SCC 427
 Professional Ethics

of free expression is not to be confounded or confused with licence to make unfounded

allegations against any institution, much less the judiciary.6

CONTEMPT OF COURT

The object and need of the contempt jurisdiction is not to vindicate the dignity and honour of
the individual Judge who is personally attacked or scandalized, but to uphold the majesty of
law and administration of justice. The foundation of the Judiciary is the trust and confidence
of the people in its ability to deliver fearless and impartial justice. 7 It is for the protection of
the institution of judiciary from defamatory, libellous, scurrilous, vilificatory and unfounded
attacks and criticism against the system or persons, who because of their official positions,
preside over these institutions. Parties to the litigation and advocates are given some latitude
of over-expression in presentation of their case, in presenting the record or oral versions to
the Court, but they have to be careful and cannot be permitted to transgress the limits of
decency or propriety to impute a bad faith to the Judge in open court, outside the Court or in
transfer applications, grounds of appeal, revisions, etc., which is treading the dangerous path.8

The power of contempt has always been regarded as an inherent power of the courts, a power,
which is founded upon immemorial usage. It could thus be accepted, that the offence of
contempt and all the peculiarities associated with it, are ‘as ancient as any part of common
law’, since it has probably existed in English law since the twelfth century.9

In the case of B. M. Verma v. Uttrakhand Regulatory Commission10 the Appellate Tribunal

for Electricity held that it was given the wide powers available with a Court exercising
contempt jurisdiction. In the case of Court of Its Own Motion v. State11 dealing with the
contempt proceedings involving two senior advocates, observed that given the wide powers
available with a Court exercising contempt jurisdiction, it cannot afford to be hypersensitive
and therefore, a trivial misdemeanour would not warrant contempt action. Circumspection is
all the more necessary because as observed by the Supreme Court in SC Bar Association v.

6
See: D.C. Saxena vs. The Hon'ble Chief Justice of India, (1996) 5 SCC 216
7
Amrinder Singh, "Supreme Court on Contempt by Advocates",
<http://www.legalserviceindia.com/articles/sc_t.htm>
8
JusticeV.K. Menon, “V. G. Ramachandran’s Contempt of Court”, 6th edn., Eastern Book Company
9
J. Fox, The History of Contempt of Court, Oxford: Clarendon Press, 1927, as cited in Achilles C. Emilianides,
"A Re-Evaluation of the Law of Contempt by Advocates in Light of Recent Cypriot Jurisprudence",
<http://www.ecba.org/extdocserv/conferences/nicosia2011/Emilianides_contemptnewarticle.pdf>
10
Appeal No.115 of 2007, Appellate Tribunal for Electricity
11
146(2008)DLT429
 Professional Ethics

Union of India12 the Court is in effect the jury, the judge and the hangman. In Anil Kumar
Sarkar v. Hirak Ghosh13 it was observed that the Court is also a prosecutor.

In Chetak Construction Ltd. vs. Om Prakash & Ors 14, the Supreme Court deprecated the
practice of making allegations against the Judges. This held that no lawyer or litigant could
be permitted to browbeat the court or malign the presiding officer with a view to get a
favourable order. Judges shall not be able to perform their duties freely and fairly if such
activities were permitted and in the result administration of justice would become a casualty
and rule of law would receive a setback. Lawyers could not be allowed to terrorize or
intimidate Judges with a view to secure orders which they want. It observed that no civilised
system of administration of justice would permit such actions.

POSITION UNDER THE CONSTITUTION

The Supreme Courts power to punish for contempt has been circumscribed in Article 129. It
provides that the Supreme Court shall be a court of record and shall have all the powers of
such a court including the power to punish for contempt of itself.

In Supreme Court Bar Association vs. Union of India & Anr 15, a Constitution Bench of the
Supreme Court overruled held as under:

“The power of the Supreme Court to punish for contempt of court, though quite wide,
is yet limited and cannot be expanded to include the power to determine whether an
advocate is also guilty of "Professional misconduct" in a summary manner which can
only be done under the procedure prescribed in the Advocates Act. The power to do
complete justice under Article 142 is in a way, corrective power, which gives
preference to equity over law but it cannot be used to deprive a professional lawyer
of the due process contained in the Advocates Act 1961 by suspending his licence to
practice in a summary manner, while dealing with a case of contempt of court.”

The Constitution empowers the High Court to punish for contempt under Article 215. It
provides that every High Court is a court of record and has all the powers of such a court
including the power to punish for contempt of itself.

12
(1998) 4 SCC 409
13
(2002) 4 SCC 21
14
(1998) 4 SCC 577
15
(1998) 4 SCC 409
 Professional Ethics

The power to punish for contempt, provided to the Supreme Court is further strengthened by
Article 144 providing for all authorities, civil and judicial, in the territory of India to act in
aid of the Supreme Court. Additionally, Article 141 provides that the law declared by the
Supreme Court shall be binding on all courts within the territory of India.

Contempt jurisdiction of the Supreme Court may be enforced by virtue of Article 142 of the
Constitution. The Supreme Court in the exercise of its jurisdiction may pass such decree or
make such order as is necessary for doing complete justice in any cause or matter pending
before it, and any decree so passed or order so made shall be enforceable throughout the
territory of India in such manner as may be prescribed by or under any law made by
Parliament and, until provision in that behalf is so made, in such manner as the President may
by order prescribe.16

Article 261 of the Constitution of India states that full faith and credit shall be given
throughout the territory of India to public acts, records and judicial proceedings of the Union
and of every State.

THE BAR COUNCIL OF INDIA RULES

Advocates have the dual responsibility of upholding the interests of the client fearlessly while
conducting themselves as officers of the court. Accordingly, they are expected to adhere to
the highest standards of probity and honour. An advocate’s conduct should reflect their
privileged position in society which derives from the nobility of this profession. In a nut
shell, an advocate’s service to the common man should be compassionate, moral and lawful.17

Section I of Chapter-II, Part VI titled "Standards of Professional Conduct and Etiquette" of

the Bar Council of India Rules specifies the duties of an advocate towards the Court. It
provides for the following duties:

1. An advocate shall, during the presentation of his case and while otherwise acting before a
court, conduct himself with dignity and self-respect. He shall not be servile and whenever
there is proper ground for serious complaint against a judicial officer, it shall be his right and
duty to submit his grievance to proper authorities.

16
Article 142, Constitution of India
17
“Professional Standards”, The Bar Council of India, <http://www.barcouncilofindia.org/about/professional-
standards/>
 Professional Ethics

2. An advocate shall maintain towards the courts a respectful attitude, bearing in mind that
the dignity of the judicial office is essential for the survival of a free community.

3. An advocate shall not influence the decision of a court by any illegal or improper means.
Private communications with a judge relating to a pending case are forbidden.

4. An advocate shall use his best efforts to restrain and prevent his client from resorting to
sharp or unfair practices or from doing anything in relation to the court, opposing counsel or
parties which the advocates himself ought not to do. An advocate shall refuse to represent the
client who persists in such improper conduct. He shall not consider himself a mere mouth-
piece of the client, and shall exercise his own judgement in the use of restrained language in
correspondence, avoiding scurrilous attacks in pleadings, and using intemperate language
during arguments in court.

5. An advocate shall appear in court at all times only in the prescribed dress, and his
appearance shall always be presentable.

6. An advocate shall not enter appearance, act, plead or practise in any way 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 father, grandfather, son, grand-son, uncle, brother, nephew, first
cousin, husband, wife, mother, daughter, sister, aunt, niece, father-in-law, mother-in-law,
son-in-law, brother-in-law daughter-in-law or sister-in-law. For the purposes of this rule,
Court means a Court, Bench or Tribunal in which above mentioned relation of the Advocate
is a Judge, Member or the Presiding Officer.

7. An advocate shall not wear bands or gown in public places other than in courts except on
such ceremonial occasions and at such places as the Bar Council of India or the court may
prescribe.

8. An advocate shall not appear in or before any court or tribunal or any other authority for or
against an organisation or an institution, society or corporation, if he is a member of the
Executive Committee of such organisation or institution or society or corporation. "Executive
Committee ", by whatever name it may be called, would include any Committee or body of
persons which, for the time being, is vested with the general management of the affairs of the
organisation or institution, society or corporation. However, this rule does not apply to such a
 Professional Ethics

member appearing as amicus curiae or without a fee on behalf of a Bar Council, Incorporated
Law Society or a Bar Association.

9. An Advocate should not act or plead in any matter in which he is himself peculiarly
interested.

Illustration:

 He should not act in a bankruptcy petition when he himself is also a creditor of the
bankrupt.
 He should not accept a brief from a company of which he is Director.

10. An advocate shall not stand as a surety, or certify the soundness of a surety for his client
required for the purpose of any legal proceedings

CONTEMPT OF COURTS ACT’1971

Contempt is nothing but lowering down prestige of the court. The essence of respect towards
court is the object behind the Contempt of Courts Act. The concept of contempt has been
defined under section 2 of the Act. It states that contempt means civil contempt or criminal
contempt.18

Civil contempt means wilful disobedience to any judgment, decree, direction, order, writ or
other process of a court or wilful breach of an undertaking given to a court. Civil contempt is
when a person wilfully disobeys any order of a court.19

Criminal contempt means the publication, whether by words, spoken or written, or by signs,
or by visible representations, or otherwise, of any matter or the doing of any other act
whatsoever which; scandalises, prejudices or interferes the administration of justice in any
other manner20 Criminal contempt is “interfering” with the administration of justice or
scandalising the court or lowering its authority.21

CONTEMPT COMMITTED BY AN ADVOCATE IN FACE OF THE COURT

18
Section 2(a), Contempt of Courts Act’ 1971
19
Section 2(b), Contempt of Courts Act’ 1971
20
Maharashtra Case Statistics, <http://court.mah.nic.in/courtweb/static_pages/faq.php#cross-posting2>
21
Section 2(c), Contempt of Courts Act’ 1971
 Professional Ethics

Contempt in face of court or direct contempt refers to the inherent power judicial officers
possess to maintain respect, dignity, and order during proceedings. A judge may find anyone
in the court--attorneys, parties, witnesses, and spectators--in civil or criminal direct
contempt.22

Section 14 of the Act applies to contempt in face of the Supreme Court or High Court. It does
not apply to subordinate courts. Action may be taken under section 228 of the Indian Penal
Code and sections 345 and 346 of the Criminal Procedure Code. The Criminal Procedure
Code lays down the procedure, investigation and punishments for the offences specified in
section 228 of the Indian Penal Code.

In Vishram Singh Raghubanshi v. State of Uttar Pradesh 23, an advocate of thirty years’
standing was held liable of criminal contempt and sent to jail for three months. The advocate
was using uttermost foul language and trying to overawe Judge physically to obtain
favourable order. The Court while rendering a guilty verdict, observed that an advocate in a
profession should be diligent and his conduct should conform to requirements to law by
which an advocate plays a vital role in preservation of society and justice system

In In Re: Vinay Chandra Mishra 24, a senior advocate on being asked a question in the court
started to shout at the judge and said that no question could have been put to him. He
threatened to get the judge transferred or see that impeachment motion is brought against him
in Parliament. He further said that he has turned up many Judges and created a good scene in
the Court. The concerned judge wrote a letter informing the incident to the Chief Justice of
India. The contemner was sentenced to undergo simple imprisonment for a period of six
weeks and was suspended from practising as an advocate for a period of three years.

In Re: Sanjiv Datta, Dy. Secy., Ministry of Information &.Broadcasting25, the Court observed
that “Some members of the profession have been adopting perceptibly casual approach to the
practice of the profession as is evident from their absence when the matters are called out, the
filing of incomplete and inaccurate pleadings - many times even illegible and without
personal check and verification, the non-payment of court fees and process fees, the failure to
remove office objections, the failure to take steps to serve the parties, et al. They do not

22
Legal Information Institute, <https://www.law.cornell.edu/wex/contempt_of_court_direct>
23
(2011) 7 SCC 776
24
AIR. 1995 SC 2348
25
(1995) 3 SCC 619
 Professional Ethics

realise the seriousness of these acts and omissions. They not only amount to the contempt of
the court but do positive disservice to the litigants and create embarrassing situation in the
court leading to avoidable unpleasantness and delay in the disposal of matters. This augurs ill
for the health of our judicial system…The legal profession is different from other professions
in that what the lawyers do, affects not only an individual but the administration of justice
which is the foundation of the civilised society… The casualness and indifference with which
some members practice the profession are certainly not calculated to achieve that purpose or
to enhance the prestige either of the profession or of the institution they are serving.”

CONSTRUCTIVE CONTEMPT OF COURT COMMITTED BY ADVOCATES

A constructive contempt is one that is committed at a distance from the court and that tends
to obstruct or defeat the administration of justice.26 Section 15 of the Contempt of Courts
Act’1991 deals with criminal contempt other than those covered by section 14. This section
of the Act provides that the Supreme Court or the High Court may take action on its own
motion or on a motion made by the Advocate General, or any other person with the comment
in writing of the Advocate General or in relation to the High Court for the Union territory of
Delhi, such Law Officer as the Central Government specifies in the Gazette, or any other
person with the written consent of the Law Officer.

In Brahma Prakash Sharma & Ors. v. State of Uttar Pradesh 27, the Executive Committee of a
District Bar Association received several complaints against the way in which the Judicial
Magistrate and the Revenue Officer of the District disposed of cases and behaved towards
litigants and lawyers, and passed a resolution which stated that it was their considered
opinion that the two officers are thoroughly incompetent in law, do not inspire confidence in
their judicial work, are given to stating wrong facts when passing orders and are overbearing
and discourteous to the litigant public and lawyers alike and gave a list of various complaints
against the officers. A Constitutional Bench of the Supreme Court held that a resolution
passed by the Bar Association expressing want of confidence in the judicial officers
amounted to scandalising the court to undermine its authority and thereby amounted to
commission of contempt of court.

CONTEMPT BY PSEUDO LAWYER

26
Concept And Genesis Of Contempt Law,
<http://shodhganga.inflibnet.ac.in/bitstream/10603/3570/10/10_chapter%202.pdf>
27
AIR 1954 SC 10
 Professional Ethics

Where a person who poses to be a duly qualified lawyer and conducts a case, when
discovered that he has done so under a false premise, it is open to the Judge to treat his
appearance in court as an obstruction of justice and contumacious in so far as he had reduced
the functioning of the court to a mockery.28

In India, apart from the offence of false personation, it would appear that a debarred lawyer is
liable also in contempt.29

ATTACKS ON ADVOCATE AMOUNTS TO CONTEMPT

In the administration of justice, the role of lawyers cannot be underestimated. Advocates

form an integral part of the justice mechanism. Any abuse, aspersions cast on an advocate in
the course of discharge of his duties which might have the effect of deterring them from
continuing to discharge their duties would hamper with hte administration of justice and
would amount to contempt of court.30

In French v. French31, it was held that Advocates who appear for the parties being officers of
Court, any abuse or insult or aspersions cast on them, which would interfere with the course
of administration of justice, must necessarily be held to amount to contempt of court.

Damayanti v. S. Vaney32 was a case of contempt committed in the face of the Court. The
defendant in that case threatened the plaintiff’s advocate by saying that he would see to it that
the plaintiff’s advocate would go to jail, that two criminal cases had already been filed by the
defendant against him and that he would shortly file two more criminal cases against him.
This was held to be contempt of court.

Another form of contempt is if aspersions are cast on “certain” clients of an advocate such
that it deters the advocate from continuing with his duty towards the client or embarrasses
him in discharging that duty. Similarly, commenting on an advocate with reference to his
professional conduct of cases may also amount to contempt of Court, if it has the tendency to
or is calculated to interfere in the administration of justice. 33 The act complained of must not

28
JusticeV.K. Menon, “V. G. Ramachandran’s Contempt of Court”, 6th edn., Eastern Book Company
29
No reported case for this. As cited in JusticeV.K. Menon, “V. G. Ramachandran’s Contempt of Court”, 6th
edn., Eastern Book Company
30
Medai DaIvoi K Thirumalaiappa v Medai Delavoi T. Kumarawami, AIR 1956 Mad. 621
31
(1824) 1 Hog. 134
32
1966 Cri LJ 9
33
Court of Its Own Motion v. State, 146 (2008) DLT 429
 Professional Ethics

have only a theoretical tendency of preventing the advocate from performing his functions
fearlessly.34

STRIKE BY ADVOCATES AMOUNTS TO CONTEMPT

K.K. Venugopal, senior advocate, wrote in the article “The Legal Profession at the Turn of
the Century”35, that a boycott amounts to contempt of court and the advocates participating in
the strike keep their clients as hostages and their interests in jeopardy. P. P. Rao, senior
advocate, wrote in his article “Strike by Professionals”36, that a strike amounted to
professional misconduct. H.M. Seervai, a noted distinguished jurist, wrote in his article
“Lawyers Strike and the Duty of the Supreme Court” 37, that lawyers ought to know that at
least as long as lawful redress is available to aggrieved lawyers, there is no justification for
lawyers to join in an illegal conspiracy to commit a gross, criminal contempt of court, thereby
striking at the heart of the liberty conferred on every person by our Constitution. Fali
Nariman, wrote in his article “Boycott – a lawyer’s weapon” 38 that when the lawyers boycott
the courts, confidence in the administration of justice is shaken.39

In Ex-capt. Harish Uppal v.Union of India40, several Petitions raised the question whether
lawyers have a right to strike and/or give a call for boycotts of Courts. In all these Petitions a
declaration was sought that such strikes or calls for boycott were illegal. It was held no Bar
Council or Bar Association could permit calling of a meeting for purposes of considering a
call for strike or boycott and requisition.

In Common Cause v. Union of India41, the Supreme Court was directly grappling with the
problem of strike by Advocates. The Court passed an order that advocates should not resort to
the strike or boycott the court or abstain from court except in serious, rarest of rare cases;
instead, they should resort to peaceful demonstration so as to avoid causing hardship to the
litigant public.

SAFEGUARDS AVAILABLE TO CONTEMNER ADOVOCATE

34
146 (2008) DLT 429
35
(1989) 1 NLSJ 121
36
Indian Advocate [Vol. XXIII 1991 (Part I)]
37
Indian Advocate [Vol. XXIII 1991 (Part I)]
38
Indian Advocate [Vol. XVIII 1978 Nos. 1 & 2]
39
U.P. Sales Tax Service v. Taxation Bar Association, 1995 SCC (5) 716
40
AIR 2003 SC 739
41
1995 (1) SCALE 6
 Professional Ethics

Apology – Value to be attached

The legal profession is a noble one and the mark of nobility includes the straightforward habit
of owning mistakes, errors and apologising if the other side or the Judge took the language of
the counsel as insulting.42 However, such an apology must be genuine.

In M.B. Sanghi, Advocate v. High Court of Punjab and Haryana 43, when an advocate was
unable to secure an ad-interim stay in favour of his client, the practicing Advocate, uttered
certain words imputing motives to the Sub-Judge in refusing to grant the stay. This was held
to have the effect of scandalizing the Court and impairing confidence of public in Court.
Hence, he was held guilty of contempt. It was observed that his subsequent apology to the
Court was not sincere and did not reflect remorse and contrition of contemnor. The Court
stated hat it is well-settled that an apology is not a weapon of defence to purge the guilty of
their offence; nor is it intended to operate as a universal panacea, but it is intended to be
evidence of real contriteness.

Order of the court is vague and ambiguous

When the order of the court is vague and ambiguous and capable of more than one
interpretation, any bonafide interpretation cannot constitute contempt of court. If the order
passed by the court is capable of being understood in two ways and the contemnor interprets
in one of those two ways, he should not be held guilty of contempt.44

PUNISHMENT

In a case of contemptuous, contumacious, unbecoming or blameworthy conduct of an

Advocate, the Supreme Court possesses jurisdiction, under the Supreme Court Rules itself, to
withdraw his privilege to practice as an Advocate-on-Record because that privilege is
conferred by this Court and the power to grant the privilege includes the power to revoke or
suspend it.45

CONTEMPT VIS-A-VIS PROFESSIONAL MISCONDUCT

42
Justice V. K. Menon, “V. G. Ramachandran’s Contempt of Court”, 6th edn., Eastern Book Company
43
AIR 1991 SC 1834
44
Chanchal Singh v. Ram Sewak Misra, 1982 All LJ 966
45
Supreme Court Bar Association v. U.O.I. & Anr., AIR 1998 SC 1895
 Professional Ethics

The power of the Supreme Court to punish for contempt of court, though quite wide, is yet
limited and cannot be expanded to include the power to determine whether an advocate is
also guilty of "Professional misconduct”. In the case of SC Bar Association v. Union of
India46, it has been held that professional misconduct may also amount to Contempt of Court.
An Advocate who is found guilty of contempt of court may also, as already noticed, be guilty
of professional misconduct in a given case but it is for the Bar Council of the State or Bar
Council of India to punish that advocate by either debarring him from practice or suspending
his licence, as may be warranted, in the facts and circumstances of each case. There have
been cases where the Bar Council of India taking note of the contumacious and objectionable
conduct of an advocate, had initiated disciplinary proceedings against him and even punished
him for “professional misconduct”, on the basis of his having been found guilty of
committing contempt of court.

INTERNATIONAL POSITION

In England, the Legal Profession Act, 1987 is an Act to regulate the admission and practice of
barristers and solicitors. and the Revised Professional Conduct and Practice Rules made by
the Council of the Law Society of New South Wales on 24 August 1995 pursuant to its power
under Section 57B of the Legal Profession Act, 1987 and the Statement of Ethics proclaimed
by the Law Society of New South Wales in November 1994 governs the conduct in legal
profession. From 2010 onwards legal ombudsman is formed to deal with complaints against
all lawyers, including solicitors, registered in England and Wales. The Legal Ombudsman
replaced the previous complaint handling bodies, and has been dealing with new complaints
since 6 October 2010. Anyone who is dissatisfied with the standard of service received from
their lawyer should complain, in the first instance, to the lawyer concerned. If the matter
cannot be resolved in this way, then a complaint may be made to the Legal Ombudsman.47

In USA each state has a separate set of rules of practices and different code of conduct for the
advocates. In Bloom v. State of Illinois48 it was held that genuine respect, could alone lend
true dignity to the judicial establishment, else it would be engendered, not by the fear of
unlimited authority, but by the firm administration of the law through those institutionalized
procedures which have been worked out over the centuries.
46
AIR 1998 SC 1895
47
UK Parliament Briefing Papers, <http://lda.data.parliament.uk/elda/briefingpapers.rdf?
_view=description&_metadata=all&_page=46>
48
391 US 94 (1968)
 Professional Ethics

CONCLUSION

The role of the lawyers in the society is of great importance. They being part of the system of
delivering justice holds great reverence and respect in the society. A lawyer in discharging
his professional assignment has a duty to his client, a duty to his opponent, a duty to the
court, a duty to the society at large and a duty to himself. It needs a high degree of probity
and poise to strike a balance and arrive at the place of righteous stand, more so, when there
are conflicting claims. While discharging duty to the court, a lawyer should never knowingly
be a party to any deception, design or fraud. 49

Lawyers are required to uphold the dignity of the judicial office and maintain a respectful
attitude towards the Court. This is because the Bar and the Bench form a noble and dynamic
partnership geared to the great social goal of administration of justice, and the mutual respect
of the Bar and the Bench is essential for maintaining cordial relations between the two. It is
the duty of an advocate to uphold the dignity and decorum of the Court and must not do
anything to bring the Court itself into disrepute, and ensure that at no point of time, he
oversteps the limits of propriety.50

49
K Gururaja Chari, "Gururaja Chari's advocacy and professional ethics: In retrospect and prospect", Wadhwa
& Company, 2000
50
Preeta, "Misconduct of an advocate and Indian law in light of Supreme Court Judgements", iPleaders,
<http://blog.ipleaders.in/misconduct-of-an-advocate-and-indian-law-in-light-of-supreme-court-judgements/
#ixzz3kQ0NPDGU>