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    © All Rights Reserved
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    8 views14 pages

    Duties

    Uploaded by

    sukriti

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
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    of 14
    Ye pring contained in Sec.17, ‘ ie 8 ts assists og the Advocate whose name #6 ‘= an advocate feral may make an om the 'e Bar Council nina whe en om the roll of indie ee cn Zone 08 ‘of any other State Bar c Stag § sn Advocate: pplication the Bar cued ‘Transfer of ® roll (Sec.18): 1 Counei it of an PONY iat the, may ‘of ‘uch perage soyerent Toa ie rere poll of the OFS) ventioned State Dar Council and AN ne roll of ic onSuate Bar Council and ny mit eoncermed shall comply with rok ch application for Pas) rom any. disciping for any other I that the ap it ars 10 pli appeats gfer has not fide, and tare Fe made; the ‘Bar ‘Council of Ini, making the application = g the person representation. 12 this, behal par © where any Sf against de by @ i ending or rouncil of India de ty application: pts it is declared tha 2, For the removal % an application ma ‘advocate under Sub ae .s transfert 1m the roll of ore 5, he shall retain te fh he was entitle i D sowards any university 1n India, and who is dul «ists his client with advice and plea who as section (sere considered to be a ‘Minister o may Duties of an Advocate: The duties and obj ate may be explained under the following heads | advoc A) B) ©) D) E) F) 6) H) i) Advocate 3 IY admitted to practice ds for him in open court 61). Thus, an adi f Justice’, oe 2(a) of the Advocates Act, 19¢ ligations of an Duties to the Court. Duty towards. witnesses. Duties to his client, Duty to opponent. Duties to professional brethern, Duties to the public’ and State. Duty to self; and Other duties. A) Duties to the Court Towards the Court: As an officer of the Court, an advocate must maintain respect for the Court. When he feels that a particular ruling given by a court is erroneous or irregular, he must respectfully accept it and may invoke remedy by an appeal to the higher court. Similarly, he ig not supposed to make/publish comments on a pleading or anticipated litigation, He shall not misguide the court and must place all material facts before the bench. He should not suppress any information within his knowledge even if it goes against him and he shall even cite the decisions of High Courts and Supreme Courts against his case. He must refrain from making statements affecting the reputation of Bench and Bar. Towards the Judges: He must always be respectful towards the Judges and must maintain supreme importance to the Judicial Office. He should not invite the Judge for dinner. Loan by a lawyer to the judge is improper. He must not discuss with the judge, the merits and demerits of pending case and should not exhibit friendship with the judge. Jor Lamyers ee Dar: r ne sities Accounta h . fessional jounsel: An advocate Pro opposing © s ii) TOW the witness of the oppo,‘ of the witness 0! PPOSing ake the ava oranee or negligence, “ay y) Loi and exp! ent: AN dvocate must not Waste the ai i 9 r ent of the case for his own Convey, dia (Under Section 49 of the A cil of In ey ‘The fi Ce rtain rules (Part VI, pene I, Section , Act, 1961) ze of India Rules) prescribing the dutie, of ci the Bar Coun lows: f towards the Court, as fol advocate II, during the presentation of j,, shal a usin Balt acting before a Cour, cm and wi ot, Adjourn vi) at by obtaining 24/00 co i \d_ self-respect. He shai ith dignity ant ae whenever there is proper ground for servi aa against a judicial officer, it shall be his ni ‘na aut to submit his grievance to proper Author, ji) An Advocate shall maintain towards the Cours , respectful attitude, bearing in mind that the dignity of, judicial office is essential for the survival of 3 g community. iil) An Advocate shall not influence the decision of a Com, by any illegal or improper means. Private communicaog with judge relating to a pending case are forbidde, iy) An Advocate shall use his best efforts to Testrain anj ) prevent his client from resorting to sharp or unfair practices or from doing anything in relation to Counsel or parties which the Advocat todo. An Advocate wh the Court, opposig te himself ought ra shall refuse to represent the cles 10 persists in such Improper conduct. He shall not consider himself a mere mouthpiec shall : € of the client, ani *ereise his own judgment in the use of restrained in pleadings, ac yeMEOE, avoiding scurrilous atl and us arguments in Cong, © MMemPerate. language duriy y) vi) vi viii) Advocat = 35 An ‘Advocate shall appear in Court at all times only in jhe prescribed dress, and his appearance shall always be presentable. ‘Advocate shall not enter appearance, act, plead or practice in any way before a Court, Tribunal or Authority mentioned in Section 30 of the Act, if the sole or any mber thereof is related to the Advocate as father, .dfather, son, grandson, 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. ror the purposes of this rule, Court shall mean a Court, Bench of ‘Tribunal in which above-mentioned relation of the Advocate is a Judge, Member or the Presiding Officer. ‘An Advocate shall not wear band or gown in public places other than in Courts except on such ceremonial occasions and at such places as the Bar Council of India for the Court may, prescribe, ‘An Advocate shall not appear in or before any Court or Tribunal or any other authority for or against an organisation or an institution, socicty or corporation, if he is a member of the Executive Committee of such organisation ‘or institution oF society or corporation. ‘Executive Committee’, by, whatever name it, may be called shall 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: Provided that this:rule shall not apply to such a member appearing as ‘amicus curiae’ or without a fee on behal! of a Bar Couneil, Incorporated Law Society or a Bar Association. ‘An Advocate’ should nof act or plead in any matter in Which he himself is pecuniarly intere ' Advocate 59 giving him a personal bias in the case which is aga, his position as a part of administration of lice re yk will be Prejudicial to the interests of his own Party. if such situation arises, he should either leave the exc, or should not appear as witness. i. C) Duties to his client ‘Asa person of high caliber, a psychologist, an advocate must assurefestend the best of his attentions at all times to his client, He must do his best to pursue the cause of his client. It is his guy 10 welcome his client’s presence in his chamber. He must Met patient hearing to the client and must make enquiries avherever necessary. He must reply to his client’s letters and should wy hesitate fo communicate to him even an unfavourable result. He has to withdraw from the case in case his clint has given fase evidence or insists on a false affidavit being filed. When he is entrusted with a brief (case), he must observe the norms of Professional Ethics and must strive hard to protect the interests ais client. He is bound to take up the case til its final disposal, even if he has not received his fee wholly or in part. The duties Gra lawyer towards his client may be explained as follows: i) Not to accept compensation or advantage: A lawyer should not accept any compensation, commission, rebate or other advantage from others without the knowledge or consent of his client. It is not proper on his part to demand more fee from the client. ii) To give frank/proper advice: It isthe duty of an advocate to explain to his client frankly the merits, demerits and weak points of the case, and should not inspire him with false hopes. iii) ‘To do his best: An advocate is under no obligation to accept every case, When once he accepts an engagement, he must do his utmost and strive hard to protect his client’s interest in the interests of justice. When he accepts a. brief on’ commercial proceedings, he must attend the trial day to day, Otherwise, he is liable for Ethics, Accountaney for Lawyers & Bar-ency fessional 60, Prof al responsibility as. f profession: breach of igs Tee laid ao, ee "iy 4, chien" at f 2 ‘guch estes s. State (Dethiy _ Ce howdary vs. i Lt. Cok ce applied for the ™MOdificatign My . nee 2 case, the a by the Delhi High Court. The two agente note Sei day to day receding, The st oe fails ts t0 the breach o Prof rs it amount ae Pr Court held that i me _ duty. Fepresent conflicting interests: a, “Bcc, ‘ns iv) tained one or the other, but not both, the Parte oie ust : ‘ ‘V. Rajani — It was held in this case that the Advocate, c ae cea Brosection and also preparation of deat ‘ quae Statement amounts to the breach of Professionay \ conduet. ¥) Not to divulge confid lential communication: e communication between solicitor (Lawyer) ang Client

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