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The duties of an advocate to the court, as outlined by the Bar Council of India,

encompass several key points:

1. Dignity and Respect: Advocates must conduct themselves with dignity and self-
respect during case presentations and other court interactions. Grievances should be
submitted to the proper authority.
2. Respectful Attitude: Advocates are required to maintain a respectful attitude
toward the court, recognizing that the dignity of the judicial office is crucial for the
survival of a free community.
3. No Illegal Influence: Advocates are prohibited from influencing court decisions
through illegal means, including private communication with the judge regarding a
pending case. Any attempt to influence the court illegally may be considered
misconduct.
4. Restraint and Fair Practice: Advocates must make their best efforts to restrain
clients from resorting to sharp or unfair practices that the advocate himself should
not engage in.
5. Prescribed Dress Code: Advocates must appear in court in the prescribed dress at
all times, ensuring a presentable appearance.
6. Avoidance of Conflict of Interest: Advocates are prohibited from appearing before
a court, tribunal, or authority if a member thereof is a close relative. This includes
relationships such as father, nephew, grandfather, son, grandson, uncle, brother, first
cousin, husband, mother, wife, daughter, sister, niece, or sister-in-law.
7. Limitations on Wearing Bands or Gowns: Advocates should not wear bands or
gowns in public places other than in court, except on ceremonial occasions and at
places prescribed by the Bar Council of India and the court.
8. Non-Appearance for Organizations with Executive Involvement: Advocates shall
not appear for or against any organization, institution, society, or corporation if they
are members of the executive committee of such entities.
9. Avoidance of Pecuniary Interest: Advocates should not act or plead in any matter
in which they have a pecuniary interest.

These rules collectively define the ethical standards and professional conduct
expected of advocates in their interactions with the court and their clients.
In simple language, the duties of a lawyer to their client, according to Rules 11 to 33,
include:

1. Accepting Cases: Lawyers must accept cases at a fee that matches their standing in
the legal profession and the nature of the case.
2. Commitment: Once a lawyer accepts a case, they cannot withdraw without a good
reason and must give reasonable notice to the client.
3. Avoiding Conflicts: Lawyers shouldn't take on cases where they might also be a
witness.
4. Full Disclosure: Lawyers must inform clients about any connections or interests they
have that could affect the client's judgment.
5. Fearless Representation: Lawyers must fearlessly represent their clients' interests
using fair and honorable means, regardless of personal consequences.
6. Ethical Prosecution: If representing the prosecution in a criminal trial, lawyers must
ensure it doesn't lead to the conviction of an innocent person.
7. Respecting Legal Obligations: Lawyers must not breach the obligations set by the
Indian Evidence Act.
8. Avoiding Instigation of Litigation: Lawyers should not encourage unnecessary
litigation.
9. Following Client's Instructions: Lawyers should only act on the instructions of their
client or their authorized agent.
10. Fee Structure: Lawyers should not tie their fees to the success of the case, and
contingent fee contracts are not allowed.
11. Avoiding Share in Claims: Lawyers cannot buy or receive a share or interest in any
legal claim.
12. Property Purchase: Lawyers cannot buy any property in their name or any other
name for personal benefit from cases they are professionally involved in.
13. Fee Adjustment: Lawyers cannot adjust the fee against their personal property or
liabilities unrelated to their role as an advocate.
14. Avoiding Abuse of Confidence: Lawyers should not abuse the confidence placed in
them by their clients.
15. Financial Accountability: Lawyers must keep accounts of clients' money, detailing
received amounts, expenses, and fees.
16. Expense Consent: Lawyers cannot divert expenses towards fees without the written
consent of the client.
17. Prompt Intimation: Lawyers must inform clients promptly about any money
received on their behalf, and failure to pay the client upon demand is professional
misconduct.
18. Fee Appropriation: After legal proceedings, lawyers can use remaining funds for
settling due fees.
19. Unsettled Fees: If fees are unsettled, lawyers can deduct from remaining client
money.
20. Providing Account Copy: Lawyers must provide a copy of the client's account upon
request, with necessary charges paid.
21. Funds Conversion: Lawyers should not convert funds in their hands into loans.
22. Lending Restrictions: Lawyers cannot lend money to clients for legal proceedings.
23. Avoiding Conflicts of Interest: Lawyers who advised, drafted pleadings, or acted for
a party should not act for the opposing party later on.

In dealing with opponents, lawyers have specific duties outlined in Rules 34 and 35:

1. Communication Through Advocates: According to Rule 34, lawyers should only


communicate or negotiate about the case with parties represented by another lawyer
through that lawyer. Direct communication without involving the opposing lawyer is
not allowed.
2. Honoring Promises: Rule 35 mandates that lawyers must make every effort to fulfill
any legitimate promises made to the opposing party, even if not formally
documented or enforceable by court rules. Lawyers should avoid discussing or
arguing about the case directly with the opposite party without the knowledge of
their counsel. This aligns with the principle stated in Resolution 43 of Hoffman, which
emphasizes that lawyers should not engage in conversations with the opponent's
client regarding their claim or defense unless the opposing counsel consents and is
present.

When dealing with colleagues, lawyers have specific rules to follow:

1. No Unnecessary Advertising: Lawyers shouldn't advertise too much. They can't use
circulars, ads, or personal communication that's not needed. They also shouldn't talk
to newspapers or publish photos related to a case they're handling. Signboards and
nameplates should be reasonable in size and not suggest specific associations or
specialties.
2. Avoiding Unauthorized Practice: Lawyers should not let their names be used to
support illegal law practices by any agency.
3. Fair Fees: Lawyers should not accept fees that are less than what's allowed by the
rules, especially if the client can afford to pay more.
4. Respecting Colleagues' Engagements: If another lawyer is already working on a
case for someone, a lawyer should not join without the first lawyer's permission or
court approval. This ensures fairness and respect among colleagues.

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