Professional Ethics and Professional Accounting system

ACCOUNTANCY FOR LAWYERS

A business enterprise must keep a systematic record of its daily transaction. It is a legal duty. It
helps to know where its stand and adjudge its performance. This systematic recording of
transactions is known as accounting. Since legal profession is a trade, lawyers are under duty to
maintain systematic accounts relating to the profession.
The basic purpose of accounting is to present a complete financial picture of the Advocates
profession. This can be done with the help of two financial statements like (i) Profit and loss
account and (ii) Balance sheet showing the assests and liabilities. It is necessary to maintain
proper accounts to calculate the following (i) Annual Income (ii) Income Tax (iii) Professional
Tax (iv) Amount due to the client or amount due by the client.
1. To calculate the annual income: To calculate the annual income of the Advocate from the
legal profession, it is necessary to maintain proper accounts of his income from the profession.
Maintaining this account is useful for Advocates also. By knowing his Annual Income, he can
take steps to improve his profession.
2. To Calculate income Tax : Advocates are liable to Pay Income tax for the income derived from
the profession. In order to calculate the amount payable as income tax, he has to maintain
proper accounts relating to his income and expenditure. To calculate the taxable income he is
entitled to deduct certain expenditure like rent, salary, telephone bill and other administrative
expenditure. For this purpose also he has to maintain proper accounts.
3. To calculate professional tax: Every six months the advocates are liable to pay professional
tax to the Government. The amount of professional tax varies depending on the income. In
order to calculate the amount of professional tax he has to maintain the proper accounts.
4. To Ascertain the amount due from the client or due to the client: The account relating to the
amount received from the client and the amount received on behalf of the client from others or
from the court should be properly maintained. Then only the amount due from the client can
be calculated. This will help not only the client but also the Advocate.
PLACE OF KEEPING THE ACCOUNTS BOOKS.
The accounts books and documents relating to the accounts should be kept and maintained by
the advocate,
(i) At his office.
(ii) Where he is carrying on the profession more than one office, then at his head office. But
accounts can also be maintained separately for each branch at the respective branch office.
Penalty for not keeping Account Books: A Lawyer who is legally liable to maintain account
books, fails to maintain it or fails to retain it for the prescribed period (cash book and ledger-16
years, other books-8 years) is liable to pay penalty ranging from Rs.2000/- to 1,00,000/- (S.271
A ).
Bar council Rules relating to accounting
Accounting is an art of recording, classifying and summarizing in a significant manner the event
which are financial in character and interpreting the result there of . An Advocate is under a
duty to maintain proper accounts of money received from his client and the amount received
on behalf of client from others or from the court. The rules relating to such accounting is dealt
in rules 25 to 32 of the Bar Council Of India Rules 1975.
Rule 25: An advocate should keep the accounts of the client’s money entrusted to him. The
accounts should show the amounts received from the client, the expenses incurred for him and
the debits made on the account of Advocate fees with the respective dates and all other
necessary particulars.
Rule 26 : Where moneys are received from the client, it should be entered whether the amount
have been received for the advocates fees or expenses. Amount received for the expenses shall
not be diverted towards Advocates fees without the consent of the client in writing.
Rule 27: Where any amount is received on behalf of his client the fact of such receipt must be
intimated to the client as early as possible.
Rule 28 : After the completion of the proceeding, the advocate shall be at the liberty to take the
settled fee due to hi to the unspent money in his hand.
Rule 29: Where the fee has been left unsettled, the advocate shall take the fees which he is
legally entitled from the moneys of the client remaining in his hands, after the completion of
the proceeding. The balance shall be returned to the client.
Rule 30: A copy of the client account shall be furnished to him after getting the necessary
copying charges from him.
Rule 31: An advocate shall not make any agreements whereby client’s funds in his hands are
converted into loans to the advocate.
Rule 32: An Advocate shall not lend money to his client for the purpose of conducting the case
Rules Relating to Accounting Under Income Tax Act.
Under the Income Tax Act, every lawyer is required to maintain the following books of accounts
and other documents to enable the Assessing Officer to calculate his total income (i) cash book
(ii) Receipt Voucher (iii) payment voucher (iv) journal (v) ledger. The accounting year is 1st April
to 31st March next year.
1. Cash book : It is the book in which the amount received by the Advocates from the clients
and others and the amount spent for the clients are written. This book is useful for the
Advocate to know the amount in his hand on each day.
2. Receipt Voucher : It is the document prepared for recording the receipt of money by cash or
cheque. When an Advocate received money from the client, the Advocate has to issue a receipt
to the client. Advocate shall maintain receipt books with serially numbered receipt forms in
duplicate. The original receipt should be given to the client and the duplicate shall be retained
by the Advocate.
3. Payment Voucher : Payment vouchers are used to record such payments for which receipts
are not obtainable from the person to whom such payments are made. For example bus fare,
auto fare, court fees, stamps, refreshment expenses etc. In such cases the Advocate signature
in the payment voucher and the signature of the person to whom payment is made may be
obtained.
4. Journal : Journal is the book of first entry or original entry. In the journal the transactions are
recorded in the order of their occurrence. It should contain the following details (i) Date of
Transactions (ii) Account to which the transaction relates (iii) Amount to be debited, (iv)
Amount to be credited (v) Explanation of the transaction.
5. Ledger : The transactions recorded in the journal are to be posted to the separate heads of
account in other book called as Ledger. In the ledger different pages are allotted to the different
heads of accounts. When the journal entries are posted to the concerned heads of account in
the ledger, the page number of the ledger should be noted in the journal for easy reference.The
ledger account of an advocate shall contain the following heads.
Clients Account :
For each and every client separate pages shall be allotted in this ledger and separate account
shall be maintained for them.
(i) Fees Account : In this account the fees received from each and every client shall be entered
separately. From this account the total amount of fees received from all the clients in a financial
year can be ascertained.
(ii) Rent Account.
(iii) Salary Account.
(iv) Library Account.
(v) Printing and Stationary Account.
(vi) Postage and Telegram Account.
(vii) Electricity Charges.
(viii) Conveyance Charges.
(ix) Repair and Maintenance.
(x) Office Miscellaneous Expenses Account.
At the beginning of the ledger book the index may be given with the name of the different
heads of account and their respective pages for easy reference.
Case Laws:
Manilal Kher Ambalal And Co. vs A.G. Lulla, Seventh Income-Tax ..1989 176 ITR 253 Bom
Facts of the case:
The Petition is files advocates who are solicitor and advocates enrolled more than 50 years age
and has been filing accounts every year with in the rules framed by High court, Bombay with
related to their professional work.Petitioner were maintain separate accounts in the banks as
per rule 10 of the Bombay High court. When an IT Officer sent the advocates notice furnish the
details as per new rules against the method followed by advocates from several years.
Advocate preferred this appeal against the change of accounting system.
Issues of the case:
When an advocate is accountable for money received from client towards case and is that of a
quasi trust and he holds such money in a fiduciary capacity?
whether the change the accounting system for an advocate can be entitled by IT officer with
out proper amendment?
Judgment:
The Bombay High Court ruled that the High Court Rules are unquestionably created in
conformity with professional standards and cannot be held accountable. As a result, the
petition was approved, and the respondent was required to cover the petitioners’ costs.
2. Associated Law Advisers Antriksh Bhawan v/s ITO Ward
I.T.A. No. 5336 & 5846/DEL of 2014
Facts of the Case:
The aforesaid cross appeal have been filed by the Assess as well as the revenue against the
impugned order dated 22/8/ 2014 past by under section 143 ( 3) for the assessment year 2010-
11
Issues
weather a law firm can treat advance payment received for the payment to senior advocate
and for the payment to its own partners in similar manner?
Can an advocate receive money as an address advance in his judiciary capacity?
Judgment:
Once the case has been determined, the advocate may accept the funds in his official capacity
as a judge and may treat them solely as advances rather than as profits. The Revenue of Appeal
is dismissed, and the Assessor’s Appeal is upheld.
3. Income Tax officer And Anr vs Sudesh Sharma CRM No A-959
of 2014
Facts of the Case:
The special leave petition was filed by appellant against by the acquittal of respondent from
case where, respondent acting as Council service clients in many cases submitted the requiste
documents and TDS Certificate for the purpose of furnishing clients income tax returns, which
were not genuine and also the returns work client wrongly.
Issues:
Weather in advocate maybe held liable for submission of wrong income tax returns showing
name of non existing persons in order to derive pecuniary benefits in the shape of refund or it
was?
such filing can be considered as the harmful to public servant?
Judgment:

The motion for leave to appeal was denied by the court, which determined that there was
insufficient evidence, even if it were cogent, to support any interference with the appealed
acquittal judgements. As a result, this petition was dismissed because it lacked merit.
4 .S.S. Industries Vs Union of India Special civil application no
8841/2000
Facts of the Case:
The person chargeable with law makes an interest and the subsection 8 of Sec.73 of the case
maybe tax interested and penalty
Issues:
Whether the interpretations of Rules 86a of the CGST rules inserted vide notifications number
75 /2019 procedure for power and blocking the input tax credit in the electronic credit ledger is
true or not?
Whether the scope of exercise of power and the Rule 86 a of IT rule is valid or not?
Judgment:
Hear in this case both by the appellant petitions were rejected and failed with appropriate
observations.
5. Commissioner of income tax Vs Tanu Bai D. Desai 1972 ITR
713 Bom
Facts of the Case:
The assessee is a practicing solicitor and in the course of caring his profession used to deposit
money in a separated bank account, received by his clients. The income tax officer and the
appellant assistant commissioner held that the interest earned by advocate on fixed deposits
earn out of money paid by client should be should be considered as and should be included in
the personal assessment of the assessee aggrieved by the tribunal appellant preferred this
petition before the High Court.
Issues:
Weather in advocate interest earned as a practice in solicitor by him and a section 66 (1) of the
income Tax Act
In the clients accounts are included in the computation of total income in his personal
assessment or not?
Judgment:

After thoroughly discussing the law high Court held that tribunal judgement is correct and high
Court held that interest earned by an advocate of fixed deposit maintained in client account
need not be considered is that assessment of an advocate personal account.
6. Commissioner of Income tax Sundersons and AIR 1969 cal
211 ITA 453
Fats of the Case:
The petitioner was filed by the appellant under section 66 ( 1) of the Income Tax Act rules on
interesting question about solicitor clients relationship
Isssued:
Weather the unclaimed balance in the accounts of the client are credited to the profit and loss
account of the law firm or an advocate can be considered as revenue receipts?
Weather search amounts are taxable under the Income Tax Act?
Judgment:

Since the solicitor did not stand in the position of the trustee to the client and limitation Act.the
remedy of the client to recover sum of the balance where where the limitations. Amount of
such wages could not be added to income of solicitor
7.. Shiv ram das Vs B.V Nerurkar (1937) Bom LR 633
Facts of the case
This is a chamber of s taken summons taken out by the applicants, who are a firms at solicitors
against the respondents Who wear the defendant in the suit in the matter of costs incurred by
them depending the suit on behalf of the desfendants. respond in contended that before the
tax in master that the applicants are not entitled to any profit cost but only to pay their out of
pocket.
Issues:
Whether implied or constructive Trustee of a public Charity trust are entitled only to their out
of pockets costs of the suit and their offices expenses or else to their profit costs?
Judgment:

Coat held that the appealents are entitled to the costs of their appearance before the taxing
master on the taxation of their bills of costs and on the hearing of the objections filed they their
quote the petition was allowed
8. VFD and Sopher Vs Waglf & Co (1925) 27 Bom
Facts of the case
In this case the plaintiff ask for the payment to them of the amount at a degree obtained by the
defendant R.P Wagle & co against one narotonda attached in executions of the decree in favor
of lied sopher in the suit and relised by shering.
Issues:
Whether the priority should be given to the solicitor or a judgment creditor in credit to the lien
on judgment?
Judgment:

Court held that the ” All cause should come out of the money is first court decided that
applicant or solicitor should be the first priority in lien on judgement Council certified.
9. Dharnraj Giriji Narsingioji Vs. Dayne and Co (1933) 35 Boml
554 ,145, Ind 641
Facts of the case
This is an appeal from an order made by Justice mirzaa or motion taken out by the attorney for
the defendant in a Suit against merits to the company who were solicitors for the notice ask
that masseive be ordered to pay defendant costs which defendants cause of their suit less
certain cost which the defendant head already been directed to bear.
Issues:
where the solicited his personally liable for the costs to the opposing party?
Judgment:
In this case Appeal allowed with cost of the notice motions and appeal. Court held that notice
of motions absolutes . Costs to be taxed as if the plaintiff exists.
10. Haji Ismail And Co Vs Rabiabaz & Another
Fact s of the case:
The two diffent in this suit where partners number 96 of 1907 title by the first defendant
against the second descendant to dissolution of partnership receiver was appointed to get in
the assets.
The plaintiff in this suit having obtained degree a against the defendant were granted leave to
issue executions against the assets of the partnership in the hands of the receiver and
prohibitorary order was issue on the 19 June 1908 they have taken out a garmishree of notice
against the receiver to pay to the plaintiff money.
Issues:
whether a solicitor is entitle to a lean for his costs in property recovered or preserved by his
exertions.
Judgment:
petition is allowed by the Court and held that plaintiff a charge or the money.
February 20, 2023 by Law Notes in B.A LLB, LLB, Professional Ethics and Professional Accounting
system, Uncategorized
Contempt of Court with Cases
Meaning and Nature:
It is very difficult to define the concept of ‘contempt of court’. What would offend the dignity of
the court and lower the court’s prestige is a matter for the court to determine and it cannot be
confined within the four walls of a definition. The Contempt of Court Act, 1971 defined
contempt of court for the first time. There is no statutory definition of contempt of court.
Whatever definition is provided under this act is not a definition but only classification of the
term contempt of court. Contempt of court in general means, “To offend the dignity of the
court and lower the prestige of the court”.

Oswald defines, contempt to be constituted by any conduct that tends to bring the authority
and administration of Law into disrespect or disregard or to interfere with or prejudice parties
or their witnesses during litigation.
In Halsbury laws of England, it is defined as follow “Any act done or writing published which is
calculated to bring a court or judge into contempt or lower his authority or to interfere with the
due course of justice or the lawful process of the court is contempt of court”.
CLASSIFICATION:
According to Section 2(a) of the Contempt of Court Act, 1971, contempt of court means civil
contempt or criminal contempt. Section 2(b) of the Act, defines “Civil Contempt” as willful
disobedience to any judgment, decree, direction, order, writ or other process of a court or
willful breach of an undertaking given to a court. Section 2(c) of the Act, defines “Criminal
Contempt” as 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 act whatsoever which –
(i) Scandalizes or tends to scandalize or lower or tends to lower, the authority of any court, or
(ii) Prejudices or interferes or tends to interfere with, the due course of any judicial proceeding;
or
(iii) Interferes or tends to interfere with or obstructs or tends to obstruct, the administration of
justice in any other manner
Punishment for Contempt of Court:
According to Section 12 of the Contempt of Courts Act, 1971, a contempt of court may be
punished with simple imprisonment for a term which may extend to six months, or with fine
which may extend to two thousand rupees, or with both.it. punishment may be increase
depended by nature of contempt.
Limitation:
The Limitation period for actions of contempt has been discussed under Section 20 of the
Contempt of Courts Act of 1971 and the Limitation period for actions of contempt is a period of
one year from the date on which the contempt is alleged to have been committed
A.S. Mohammed Rafi v State of Tamil Nadu Topic: Right to be defended by a lawyer
Case Citation: (2011) 1 SCC 688
Facts
A resolution was passed by the Coimbatore Bar Association exhorting its members not to
defend the policemen who were the accused in a particular criminal case.The resolution was
challenged before the Madras High Court. The Madras High Court made some observations
about the Coimbatore Bar Association in its judgment. A civil appeal was filed before the
Supreme Court seeking to quash the observations made against it.
While granting the plea of the Coimbatore Bar Association in Civil Appeal No. 10304 -103 08 of
2010 that the observations made against it in the impugned judgment of the High Court of
Madras should be quashed, the Supreme Court also considered the validity and propriety of
the resolution passed by the Bar Association.
Issues
Whether professional standards and ethics require advocates to defend all accused persons.
Whether the resolution passed by the Bar Association not to defend accused policemen in
criminal cases violates the right to be defended under Article 22(1) of the Constitution.
Held
All such resolutions of Bar Associations in India are null and void and right minded lawyers
should ignore and defy such resolutions if they want democracy and rule of law to be upheld. It
is the duty of a lawyer to defend no matter what the consequences are. Professional ethics
require that a lawyer cannot refuse a brief, provided the client is willing to pay his fee and the
lawyer is not otherwise engaged. Every person, however, wicked, depraved, vile, degenerate,
perverted, loathsome, execrable, vicious or repulsive he may be regarded by society, has a
right to be defended in a court of law and correspondingly it is the duty of the lawyer to defend
him.
The court also emphasized Article 22(1) of the Constitution which says that no person who is
arrested shall be detained in custody without being informed of the grounds of his arrest nor
shall be denied the right to consult, and to be defended by a legal practitioner of his choice.
Reference was also made to Chapter II of the Rules framed by the Bar Council of India about
‘Standards of Professional Conduct and Etiquette’. Rule 11 says that an advocate is bound to
accept any brief in the courts or tribunals or before any other authority in or before which he
proposes to practice at a fee consistent with his standing at the Bar and the nature of the case.
Special circumstances may justify his refusal to accept a particular brief.
Judgment
The Supreme Court declared that all such resolutions of Bar Associations in India are null and
void and directed the registry to circulate copies of the judgment/order to all High Court Bar
Associations and State Bar Councils in India and the High Court Bar Associations in turn were
requested to circulate the judgment/order to all the District Bar Associations in their
States/Union Territories.
2. CHANDRA SHEKHAR SONI v. BAR COUNCIL OF RAJASTAN
Case Citation: (1983) 4 SCC 255 (5 page)
Facts:
1. This appeal before the Supreme Court is against an order of the Disciplinary Committee of
the Bar Council of India. The Bar Council of India had upheld the order of the Disciplinary
Committee of the State Bar Council of Rajastan, by which the appellant had been held guilty of
professional misconduct and suspended from practice for a period of three years under Section
35 of the Advocates Act, 1961.
2. There were two charges against the appellant.
i) The first charge was that he changed sides in a criminal case. The State Bar Council gave the
appellant the benefit of the doubt and held that though his conduct was unprofessional, it was
not tantamount to professional misconduct. The Bar Council of India disagreed with the State
Bar Council. The Supreme Court also concurred with the Bar Council of India.
Observed: It is not in accordance with professional etiquette for an advocate while retained by
one party to accept the brief of the other. It is unprofessional to represent conflicting interests
except by express consent given by all concerned after a full disclosure of facts or at least with
permission from the learned magistrate. Counsel’s paramount duty is to the client and where
he finds there is conflict of interests, he should refrain from any conduct harmful to his client.
ii) The second charge was that the appellant had taken money from a client in another case for
the purpose of giving bribe. The Complainant Bhaniya and his wife Galki were assaulted and
sustained head injuries. The Radiologist, after examining their X rays, referred the matter to a
specialist. The appellant approached Bhaniyaon the representation that he would get them a
favourable report from the radiologist/specialist if they engaged him as counsel and paid a
certain sum of money (300 Rs.) to the doctor. The State Bar Council found the appellant guilty
of reprehensible conduct. The Bar Council of India upheld this disbelieving all versions of the
appellants defence. The Supreme Court concurred with the finding.
Observed: An advocate shall use his best efforts to restrain and prevent his client from
resorting to unfair practices. Advocate shall at all times conduct himself in a manner befitting
his status as an officer of the Court, privileged member of the community and gentleman.
3. Other observations – Regarding quantum of punishment: The State Bar Council directed that
the appellant be suspended from practice for a period of three years as he had brought, by his
conduct, disrepute to the legal profession. Bar Council of India upheld the sentence. The
Supreme Court, however, felt that the sentence is rather severe considering the appellant is
merely a junior member of the bar. While strongly condemning the appellants conduct, the
Supreme Court reduced the period of suspension from three to one year.
Judgement : Guilty of Professional Misconduct
3. D.S.Dalal v. State Bank of India & Ors., 1993 Supp (3) SCC 557
FACTS:
D S Dalal, a practising advocate in Delhi, had his name removed from the rolls of advocates of
the Bar Council of Delhi and the sanad1granted to him had been withdrawn. An Appeal was
filed under s.30, Advocates Act against the Bar Council of India.
SBI lodged a complaint before the Delhi Bar Council alleging that the appellant along with two
others was practising under the name and style of “M/s. Singh and Company”, a firm of
advocates and solicitors. These advocates were engaged by the SBI to file a recovery suit
against M/s Delhi Flooring (Pvt.) Ltd for the recovery of a certain sum. Mr. D.S. Dalal was one of
the advocates, also a partner at the firm, who were conducting the cases for and on behalf of
the Firm.
It is the case of the complainant that in 1975 the files relating to this recovery suit was handed
over to the firm and the firm had consequently submitted a bill for filing the recovery suit,
including professional fees and other miscellaneous charges. 1/3 rd of this was paid to the Firm
which was acknowledged by the firm under a receipt which was placed on record. However,
the Firm did not inform the bank as to whether the suit was filed and if so what was the state
of the proceedings. The bank wrote a letter to the firm asking for a copy of the plaint within a
set time failing which the bank would be compelled to withdraw the case from the firm. At that
stage, one of the partners wrote back to the bank stating that the suit had been filed on that
day. Thereafter the bank received no communication from the firm despite repeated
reminders and not informed in any manner on the progress of the case.
The lack of response prompted the Bank to engage the service of another Advocate, Mr. Arora,
to find out what happened to the suit filed. It was informed that the suit filed was returned by
the original branch to the Registry of the High Court with objections and the entire suit paper-
book
Issues:
Advocates Act, 1961- ss. 35, 36 & 38.
The appellant and his associated were alleged to be guilty of serious professional misconduct.
It was further claimed that they had misappropriated the money paid to them and also that the
files were not yet returned.
The complaint was transferred from the Disciplinary Committee of Bar Council of Delhi to the
Bar Council of India as the case was pending for over a year. Despite notices being sent, the
orders had to be passed ex parte. Later on the application of the appellant the ex parte order
was set aside conditionally permitting the appellant to participate in the proceedings. The
evidence was concluded, arguments heard and the order was reversed.
BCI observed that the respondents had throughout adopted tactics of non-coopertaion
purposely with a view to protract the proceedings unnecessarily. The case against Dalal and
Singh were proved beyond reasonable doubt and their names were removed from the rolls of
BCD and the sanads granted to them were also withdrawn.
Singh filed a review petition which was still pending, while Dalal appeared on appeal before the
Supreme Court. The Bar Council has ordered stay of the order and Singh is continuing his legal
practice. The appellant argued that the files were misplaced/lost and this fact was intimated to
the Bank vide a letter informing them about the suit file being not traceable and further that
the record of the suit was to be restricted and refilled.
Judgement
The letter referred to by Singh was not produced before the BCI and there is no evidence on
record to show that the files were misplaced/lost but there was evidence to show that the files
were indeed returned from the Registry of the High Court. The guilt of the respondents was
proved beyond reasonable doubt.
The Court upheld this judgement of the BCI and dismissed the appeal without costs.
4. Delhi Judicial Services Association v. State of Gujarat Citation: (1991) 4 SCC406
BRIEF FACTS
The newly appointed Chief Judicial Magistrate (hereinafter “CJM”) of Nadiad found that the
local police was not cooperating with the Courts in effecting service of summons, warrants and
notices on accused persons, as a result of which the entire judicial process was being delayed.
CJM complained to the SP and DGP, which annoyed the Inspector who in turn withdrew the
constables posted in the CJM Court. When the CJM directed the police to withdraw contempt
cases on their tendering unqualified apology, the Inspector complained about the CJM to the
Registrar of the High Court.
Later, during discussion of a case, the CJM was invited over to the police station by the
Inspector on the pretext of verification of papers. He went. On reaching there, he was forced to
consume alcohol and on his attempted refusal, he was handcuffed and tied with a rope. A
panchnama was prepared so as to implicate the CJM under the Bombay Prohibition Act under
the dication of the Police Inspector, and was signed by 2 others. Following this, the CJM was
brought to the Civil Hospital, where he was made to wait outside for 30 minutes in full public
view. Furthermore, a press photographer was called and policemen posed with the CJM who
was allegedly in a drunken state. This photo was published in the newspapers. At the hospital,
the request of the CJM to inform the District Judge of the entire issue was refused by the Police
Inspector. On examination at the hospital, the body of the CJM was found to have a number of
injuries and the Chemical Examiner concluded that there was alcohol content in the body but
the quantity of alcohol was not determined. When the lawyers arrived for getting the CJM out
on bail, the Police registered cases under Section 336 and Section 506 of the IPC as well, so as
to make the offences non bailable. The SP did not take any action on the matter, but created
an alibi for himself instead.
A number of writ petitions and contempt petitions were filed before the SC from all across the
country, and the Court took suo motu cognizance of the matter.
The facts were founded by a High Court judge who was appointed by the SC as Commissioner
to hold enquiry and submit report with regard to allegations in the petitions.
ISSUES INVOLVED
Whether incident constituted contempt of Court?
Whether SC has inherent jurisdiction to punish for contempt of inferior Courts under Art. 129,
and whether such jurisdiction is limited under the Act?
Judgement:
Criminal Contempt is wide enough to include any act that tends to interfere with the
administration of justice or lowers the authority of the Court. The Court protects a public
interest while using contempt power. It is not to protect the Court from insults to its dignity for
its own sake, but because there exists a public interest in preserving the decency and decorum
of the Courts.
The SC took into consideration the different degrees of the participation of the various culprits
in this episode and punished them in accordance with the degree of their involvement in the
matter. State Government was asked to take action against the DGP as well who was
indifferent in the matter, since he is the head of the Police and all that jazz.
The Court further laid down non-exhaustive guidelines which should be adhered to in case of
arrest and detention of a Judicial Officer. Guidelines to be enacted by State Governments and
High Courts:
Arrest should be only after intimation to a District Judge or the High Court as the case may be.
In case of necessity of immediate arrest, only a technical arrest or a formal arrest may be made.
Arrest must be communicated to the District and Sessions Judge of the concerned district, if
available. Such arrested judicial officer must not be taken to the Police Station without the
order or directions of the concerned District and Sessions Judge. No statement should be
recorded or no chemical examination be made of such Judicial officer, other than in the
presence of his legal adviser or another Judicial officer of equal or higher rank, if available. No
handcuffing. No judicial officer must visit the Police Station on his own for his official duties
without intimating the District and Sessions Judge.
The Supreme Court also quashed the criminal proceedings pending against the CJM. Other
Provisions referred to in the Judgement
Contempt proceedings were distinguished on the following 2 grounds:
Contemnor is not in the same position as an ordinary “accused.” Even if contemnor is found
guilty, Court may not punish him if he tenders an unqualified apology. This is no defence in an
ordinary criminal proceeding.
The Court is both the accuser and the Judge in contempt cases. Therefore, the accused do not
qualify as “persons accused of an offence”, as under Article 20(3) and their testimony could be
recorded. Article 374(2): Though Federal Court and Privy Council decisions are entitled to great
respect, they are not binding on the Supreme court.

5. E.S. Reddi v. Chief Secretary, Government of A.P. and Anr. Citation: AIR 1987 SC 1550 ; (1987)
3 SCC 258
Facts :
This is an application made by one T.V. Choudhary, a Member of the IAS, under suspension, for
recalling the Court’s orders dated May 5, 1986 and August, 11, 1986 passed in Special Leave
Petition No. 14045 of 1985, on the ground that they prejudicially affect the applicants.
Background: The matter relates to defalcation of a huge amount of Rs.1.50 crores, by certain
officers of the State Government whose services were placed on deputation with the Andhra
Pradesh Mining Corporation. E.S. Reddy, member of IAS, Andhra Pradesh cadre, who worked
as the Vice-Chairman-cum-Managing Director of the Corporation was suspended under Rule
13(1) of the A.P. Civil Services (Classification, Control & Appeal) Rules, 1963. The main
grievance of the petitioner in the SLP was that the impugned order of suspension was wholly
mala fide, arbitrary and irrational and violative of Article 14 of the Constitution as there was no
justification for the differential treatment meted out to him while the applicant T.V.
Choudhary, also a member of the IAS, who worked in various capacities viz. as Central
Manager, Functional Director, Member, Board of Directors and Vice-Chairman-cum-Managing
Director and was involved in the commission of the alleged irregularities, had merely been
transferred from the Corporation and posted as Managing Director, A.P. State Textile
Development Corporation. The SLP was dismissed on it becoming infructuous, as the State
Government on September 6, 1986, based on the directions of the SC, passed orders for
suspension of R. Parthasarthy and T.V. Choudhary under Rule 13(1) of the Rules.
In the C.M.P. No.25533/86, T.V. Choudhary, a member of the IAS and working as Managing
Director of the A.P. State Textile Development Corporation, had made reckless allegations and
cast aspersions on the Court. He asserts that:
“The order of this Hon’ble Court directing the Government to suspend the other delinquent
officers is made without affording an opportunity to the Applicant and presumably without
considering the relevant provisions of law, case law and the parameters of judicial power and
the necessity to observe the principles of natural justice.
It is submitted that the Order of this Hon’ble Court dated 11th August 1986 is illegal, insofar as
it directed the Government to suspend the applicant and others, in view of the fact that the
Government has exercised its discretion and transferred the applicant taking into consideration
the recommendation of the Anti-corruption Bureau. It is well settled that a Court of law cannot
compel a statutory authority to exercise its statutory discretion in a particular manner. The
legislative will in conferring discretion in an essentially administrative function cannot be
interfered with by Courts.”
Issue: Responsibility of Senior Advocate in settling pleadings.
Held:
The court deprecated the conduct of the applicant and stated that the averments are highly
objectionable. It was expected that the applicant, who is a very senior member of the Indian
Administrative “It is a mistake to suppose that he is the mouthpiece of his client to say what he
wants. He must disregard the most specific instructions of his client, if they conflict with his
duty to the court. The code which requires a barrister to do all this is not a code of law. It is a
code of honour. If he breaks it, he is offending against the rules of the profession and is subject
to its discipline.”
6. Gobind Ram v. State of Maharshtra AIR 1972 SC 989
FACTS:
Recovery suit was filed against the appellant (“A” hereinafter). A made certain allegations
against the plaintiff’s advocate (“C” hereinafter) in the written statement and stated that he
was responsible for the suit. C filed a criminal defamation complaint against A. A filed a
transfer application in the defamation case stating that the magistrate is on friendly relations
with C and enjoys C’s hospitality. The application was dismissed by the Addl. Sessions Judge
who also recorded that a report was to be submitted to the HC to take action for contempt of
court against A under S. 3(2) of the Contempt of Courts Act. HC convicted A sentencing him to
4 weeks simple imprisonment and 1000 Rs. fine. A filed SLP in SC.
Issue: Whether a mere libel or defamation of a Judge amounts to Contempt of Court?
Judgment:
The test when deciding each case would be whether the impugned publication is a mere
defamatory attack on the Judge or whether it is calculated to interfere with due course of
justice by the Court. Only in the latter case it will be punishable as contempt. It is unfortunate
that A made allegations about social intimacy of judicial officers which may or may not be
defaming the Judges but those allegations did not amount to contempt of court. HC Conviction
quashed.
7. Ex. Captain Harish Uppal Vs. Union of India (UOI) and Anr. [ (2003) 2 SCC 45 ]
Background : In light of the growing phenomenon of lawyers going on strike at the slightest
provocation, writ petitions were filed that raised the question as to whether lawyers have a
right to strike and/or give a call for boycotts of Court/s. Also, An interim Order was passed by
the Supreme Court in Writ Petition (C) No. 821 of 1990 which directed lawyers to exercise self
restraint in situations where they were called on to participate in strikes and boycotts. In spite
of the directions, the Bar Council of India had not incorporated them in the Bar Council of India
(Conduct & Disciplinary) Rules. The petitioners sought a declaration that such strikes and/or
calls for boycott are illegal.
Issue : Whether lawyers have a right to strike and/or give a call for boycotts of Court/s.
Held :
1. Strikes by Advocates are Illegal and unjustified. They may only protest in a peaceful manner
outside Court premises. The High Courts were directed to frame rules under Section 34 of
Advocates Act to regulate conduct of lawyers in Courts.
2. There is no fundamental right, either under Article 19 or under Article 21 of the Constitution,
which permits or authorises a lawyer to abstain from appearing in Court in a case in which he
holds the vakalat for a party in that case. The protest, if any as required, can only be by giving
press statements, T.V. interviews, carrying out-of-Court premises banners and/or placards,
wearing black or white or any colour arm bands, peaceful protest marches outside and away
from Court premises ; going on dharnas or relay fasts, etc.
3. The lawyers holding vakalats on behalf of their clients cannot refuse to attend Courts in
pursuance to a call for strike or boycott. All lawyers must boldly refuse to abide by any call for
strike or boycott. No lawyer can be visited with any adverse consequences by the
4. Grievances redressal committees at taluk level, district level, High Court level and Supreme
Court level should be established so that grievances of the advocates at all levels could be
resolved. If action is required to be taken on the grievances made by the advocates, it should
be immediately taken. If grievances are found not to be genuine, then it should be made clear
so that there may not be any further misunderstanding.
5. It was directed that all the Bar Associations in the country shall implement the resolution
dated 29th September, 2002, passed by the Bar Council of India, and under Section 34 of the
Advocates Act, 1961, the High Courts would frame necessary rules so that appropriate action
can be taken against defaulting advocate/advocates.
6. Advocates being Officers of the Court are a part and parcel of the judicial system and cannot
engage in strikes because strikes interfere with administration of justice. They owe a duty to
their client and cannot disrupt Court proceedings and put the interest of their clients in
jeopardy
Ratio Decidendi: For just or unjust cause strike cannot be justified, as sufferer is society-public
at large.
8. Harishankar Rastogi v. Girihari Sharma and Ors., 19782 SCC 165
Brief Facts- The petitioner appeared in person and sought permission to be represented by
another person who is not an Advocate, in place of an Advocate Amicus Curiae appointed by
the Court bringing this case into the ambit of the meaning of S.2(a) of the Advocate,Act1961
Issues – The court looked into the aspect of right to practice in a court under S30(1) of the
Advocates Act subject to reasonable restriction. Not allowing a person to be represented by a
non-advocate for any reason will be a denial of justice in a country where illiteracy still prevails.
A person who is a party to a proceeding can get himself represented by a non-advocate in a
particular instance or case. Practicing a profession means something very different from
representing some friend or relation in one case. The court stated the Article 19 does guaranty
right to freely practice any profession but the reasonable restriction in this scenario is the
Advocates act which entitles the only class of persons eligible to practice the profession of law
shall be advocates. Depending on the facts of a case Permission may be granted by the Court
taking the justice of the situation and several other factors into consideration for
nonprofessional representation. But most important consideration for the court would still be
dispensation of justice and the overview that any person with no knowledge of law may not be
good enough for a case which deals with a lot of intricate matters.
A private person who is not an Advocate, has no right to come to Court and claim to argue for a
party. He must get the prior permission of the Court for which the motion must come from the
party himself. Even then the court can withdraw the request if it feels that the non-advocate
party is reprehensible.
Decision – In this case the petitioner showed no confidence in the advocate assigned to him
and thus the court considered the assignment of the case to the friend, who seemed to be
familiar with the law to proceed with the same. Thus the petition was allowed.
9. Hikmat Ali Khan vs. Ishwar Prasad Arya & Ors.
Civil Appeal No. 4240 of 1986, decided on Jan 28, 1997
Brief Facts:
Ishwar Prasad Arya, advocate registered with the BC of UP practicing at Budaun where during
lunch interval on (18-5-1971), he assaulted his opponent Radhey Shyam in the courtroom of
the Munsif/Magistrate with a knife after which a shot was fired by him with no casualties. After
the investigation, he was prosecuted for offences under § 307 IPC (Attempt to Murder) & § 25
of the Arms Act and was convicted by the 1st Temporary Civil and Sessions Judge for 3 years
and 9 months respectively for the offences, which was further maintain by the High Court.
Before he could be arrested to undergo the punishment, a copy of a letter purporting to have
been sent by Shri. L.R. Singh Deputy Sec, Ministry of Home, U.P, Lucknow was received in the
Court of the 3rd Additional District & Sessions Judge, Budaun who was responsible for the
earlier order executed, on its abolition. In the letter it was stated that the Governor has been
pleased to suspend the conviction of the Respondent under Article 161 of the Constitution
(Power of Governor to grant Pardon) and until further orders were to remain free. The
proceedings were stayed despite repeated enquiries and the sentence awarded suspended till,
when on receipt of a crash radiogram message from the Home Ministry, it was found that the
mentioned letter was fraudulent and thereupon a warrant for the Respondent’s arrest was
immediately issued by the court and sent to Budaun Jail.
Shri. G.S. Sharma, 3rd Addtl. District and Sessions Judge, sent a complaint containing the above
facts to the Chairman, Bar Council of U.P for taking action against Respondent I under § 35
(Punishment for Misconduct) Advocates Act, 1961. On the basis of the said complaint,
disciplinary committee (DC) proceedings were initiated against Respondent 1, and found him
guilty of gross professional misconduct by taking the benefit of a forged and fabricated
document prepared at his behest and directed he be barred from practice as an Advocate for a
period of 2 years. He filed an appeal against the BC & DC order and the said appeal was
allowed.
Judgment:
In view of the provisions of § 35(b)(reprimand), (c)(suspend) & (d)(remove from rolls) and § 24-
A(Moral Turpitude) of the Advocates Act, 1961, the conduct involving conviction of an offence
involving moral turpitude which could disqualify a person from being enrolled as an advocate
has to be considered a serious misconduct when found to have been committed by a person
who is enrolled as an Advocate and it would call for the imposition of the punishment of
removal of the name of the advocate from all the rolls of Advocates. The gravity of misconduct
committed by him is such as to show that he is unworthy of remaining in the profession. In the
instant case Respondent 1 has been convicted of the offence of attempting to commit murder
under § 307 of the IPC and requires him to be directly removed from the Rolls of Advocates.
Thus, the appellants appeal is allowed and the order passed by the DC is upheld with the slight
modification that instead of his being debarred from practicing for 3 years, His name shall be
removed from the Rolls of Advocates. No orders as to costs.
10. Himalayan Cooperative Group Housing Society v Balwan Singh [2015 SCC OnLine SC 537]
Background: The appellant is a co-operative society under which the respondents were
enrolled for allotment of apartments. The respondents failed to comply with demand for
payment and in view of this default a resolution was passed to expel the respondents from
membership. The Registrar of Co-operative Societies under Rule 36 of Delhi Co-operative
Society Rules confirmed this. A revision petition was preferred before the Financial
Commissioner, Government of NCT who reaffirmed the order. The respondents then appeared
before the Writ Court. The court observed that the Registrar and revisional authority have not
committed any error. However on the request of the respondents seeking additional allotment
of apartments to them, the Court issued certain direction for construction of the additional
apartments and their allotment to the respondents. The appellant authority had not
authorized the learned counsel who had appeared for them to make any concession in favour
of the respondents. The preferred a Review Petition which was dismissed and aggrieved by this
an appeal was preferred before the Supreme Court.
Issue: Whether counsel appearing on behalf of the appellant makes concession on behalf of
the appellant and would such a concession bind the appellant?
Held:
1. Lawyer’s are perceived to be their client’s agents. Lawyer’s are also fiduciaries and therefore
their duties will sometimes be more demanding than those imposed on agents. Lawyer’s
assume all traditional duties that agents owe their principals and this they have to respect their
client’s autonomy to make decision at a minimum, as to the objective of the representation
and there lawyer’s should follow the client’s instruction rather than substituting his own
judgment for that of the client.
2. Rule 15 of the BCI rules mandates that the advocate shall uphold the interest of his clients by
fair and honorable means without regard to any unpleasant consequences to himself or any
other. Rule 19 prescribes that an advocate shall only act on the instructions of his client or his
authorized agent.
Judgment:
Therefore it is the duty of the advocate to not transgress the authority conferred on him by the
client. It is better to seek appropriate instruction from the client. The advocates represents the
client before the count and conducts proceedings on his behalf and there is the link between
the Court and client. His responsibility is onerous. In the view of the above, the direction issued
by the Writ Court and order passed by High Court in review Petition was set aside.
11. In Re A an advocate
CITATION: 1962 AIR 1337 1962 SCR Supl. (1) 288
The advocate on record had sent the Minister of Law of the state of Maharashtra a post card
along with a letter advertising and soliciting for work. The same was forwarded by the
secretary to the govt. of Maharashtra to the Registrar of this court (SC). When this was placed
before the CJ, he directed the registrar to informally enquire whether this letter had in fact
been written by him. He admitted to having sent it, but was unaware of committing any breach
of etiquette.
The CJ constituted a committee and on their recommendation, a tribunal of 3 members of the
Bar and notice was served to the advocate to explain his alleged conduct. In reply, he denied
having written the letter and claimed the allegations were false and mala fide. He went on to
say that even if it were proved that it was written by him, there was nothing unprofessional or
objectionable and is not solicitation if one enquires from another whether he wishes to have
services of another advocate. When the Tribunal questioned him about whether the post card
was sent by him or from his office, he completely denied everything. The tribunal also made
him write and sign to compare the handwritings which matched.
He was confronted about the admissions made to the Registrar he claimed to not remember
details or making certain statements. The Registrar, on being called, affirmed his previous
statements. After recording the evidence, the Tribunal was satisfied that it had been written by
him and that he was not aware that it amounted to breach of professional etiquette.
Judgment:
The advocate has condemned himself a liar and is either ignorant of the rules of the profession
or has no regard for its ethics. If he is ignorant, there is inadequacy in his training befitting a
member of this profession. If he knew such conduct was improper, he is unworthy of being a
member of this profession. Suspension for 5 years.
February 5, 2023 by Law Notes in B.A LLB, LLB, LLM, Professional Ethics and Professional
Accounting system, Uncategorized
SEVEN LAMPS OF ADVOCACY
Advocacy is an Honourable profession. Advocates are part and parcel of Court. Their efforts
solve the conflicts in the society. Advocates defend the rights and liabilities. They hold unique
place in the society. Advocacy is not a craft but a calling; a profession wherein devotion to duty
constitutes the hallmark.

In the case of J,S Jadhav Vs. Mustafa Haji Mohamad yusuf 1993 AIR 1535, the Hon’ble Supreme
court of India observed that “Advocacy is not a craft but a calling; a profession wherein
devotion to duty constitutes the hallmark. The sincerity of performance and the earnestness of
endeavour are the two wings that will bare aloft the advocate to the tower of success. Given
these virtues, other qualifications will follow of their own account. This is the reason why the
legal profession is regarded as a noble one.”
Thus, the legal fraternity centered on upholding and reinforcing the justice notion is the
resemblance of nobility, which must be maintained and followed by the people immersed in it.
In general parlance, ethics deals with the required qualities that encompass a well-founded
standard of righteous behaviour qua the code of conduct elucidating what an individual is
ought to do i.e. his rights and duties.
As like every profession, the legal profession is encapsulated in a code, which is avowed ethics.
Undeniably, the bedrock principle on which this noble profession has built is professional
ethics. Such legal professional ethics lay down the ethical code that a legal person should
possess so as to keep up the law and justice by balancing the relationship between the bar and
the bench.
A great position entails great responsibility, as like, an advocate being the authority qualified to
plead should hold certain qualities and other pertinent skills. As far as India is concerned, legal
ethics can be defined as the code of conduct stated either in written or unwritten provided for
the regulation of advocates behaviour falls within the purview of Advocates Act, 1961.
Rules on the professional standards that an advocate needs to be maintained are mentioned in
Chapter II, Part VI of the Bar Council of India Rules. These rules have been incorporated in
Section 49 (1) (c) of the Advocates Act, 1961. It is pertinent to note that this provision
empowers the bar council of India (A statutory body established under Section 4 of the
Advocates Act, 1961) to make and regulate rules on the standard of professional conduct and
etiquette to be observed by advocates.
It was Judge Edward Abbott Parry who brought the theory into existence. He gave the seven
lamps of advocacy. After that, the 8th lamps of advocacy were added by justice V
Krishnaswamy Aiyar in his legal book of “professional conduct and advocacy”. He named 8th
lamp of advocacy TACT.
The qualities given above the seven lamps of advocacy are the best and essential qualities of an
advocate which must be followed by an advocate to succeed in his legal profession while
practising in the court anywhere. Let’s know about each and every lamp of advocacy.
Honesty
Honesty in a profession is the official policy that should be used by every person while
interacting with another person. Honesty should reflect in the thoughts, words and behaviour
of an advocate. It is honesty that increases the personal and professional reputation of the
person in a society. The reputation of an advocate is the thing that includes his fame and trust
with his clients and bar.
An advocate is expected to be honest while dealing with the case and making arguments and
producing oral and documentary evidence in the court of law. The judge decides the case on
the basis of the submission and arguments done by an advocate on the behalf of his client. If
wrong fact represented by an advocate can punish an innocent person. An advocate should be:
Honest with his client-
He must tell his client about the position of the case every time.
An advocate must tell about the merits of the case
He must tell about the demerits of the case or any consequences which can lead to the loss of
his client.
If an advocate is going to lose the case in court, he should talk about this.
Honest with opposition-
An advocate should be honest even with his opposition party. He should not give any false facts
to take the case in the opposite direction.
Deceiving a person in a case should not be the purpose of an advocate.
Honest to law-
The person who is filing the case in the court is here to take justice, not to check the talent of
an advocate. Honest with the law means an advocate should give the truthful fact in front of
the judge, not any false statements. Telling the truth in front of the judge is the best practice
for honesty.
Courage
Courage is one of the important factors in seven lamps of advocacy. Courage means the ability
to stand in front of the court without any fear. An advocate should feel proud and confident
while arguing in a case. It builds the ability of an advocate to convince the judge that his true
and honest facts represent on the behalf of his client.
A lawyer faces many problems while dealing with Civil litigation or Criminal litigation He should
have the courage to stand in that case and remove these problems fearlessly. He should have
been ready to fight all the problems and social evils. Advocates can use courage as their
weapon, but for that, they must have a deep knowledge of the law.
Not all cases are easy for dealing with, an advocate can get the case related to murder, material
rape, abatement, Child labour etc. He should have the courage to take every kind of case.
Industry
Ignorance of the law is not an excuse. He must have the knowledge of the law for which he is
dealing in a case. We all know that the law is like an ocean; no one can be the master of law.
But an advocate should know about the law used in the case in which he is dealing for.
Advocates should have knowledge, attitude and skill while dealing with the case. To get the
knowledge of the law and understand the law he should have given sufficient time for that.
No advocate can win the case without sufficient knowledge of the law. He must have given the
time for the case so that he could deal perfectly with that case and increase his chance to win
the case. Our law is not static, it keeps changing with the need of society every time to solve the
various new problems of the society. An advocate should update himself with these new
laws. Even if a lawyer was good enough to deal with all the cases in the previous time, and now
he does not stay up to date with new laws, he will face difficulties while dealing with the case in
the present time. There is no way other than hard work.
Wit
Being a professional lawyer in the field of law, a lawyer should have wit and a sense of humour.
It is the humour that keeps us calm and active. A person without a sense of humour will fight
the case with anger which isn’t good for providing justice. Judges also like the advocates and
witnesses which help them to provide justice in a case.
The wit is a necessary lamp to lighten the darkness of advocacy. A wit helps the advocates to
stay focused on his work and reduce the workload so that he can remain relaxed. It
automatically removes the mental strain of an advocate so that he can think beyond the limits
of his mind.
A well-prepared speech by an advocate in front of the Judge will not always work. An advocate
has to answer the questions of a Judge and that question will check the wit and presence of
mind of a lawyer. The questions asked by judges check the intelligence and knowledge of
advocates related to the case.
It happens many times that an advocate forgets to produce something in the court or fails to
answer some questions in the court. At that time, it is the wit of an advocate which helps him
to fill that gap.
Eloquence
The lamp of eloquence is the art of speaking. Every advocate delivers his argument in front of
the judge. But eloquence is the way to give the arguments in a way that holds a long-lasting
effect on the judge as well as the clients and listeners in the courtroom.
Eloquence is an oral art that is used by an advocate for fluent and skilful use of communication
which touches the soul of a judge.
An advocate who has a good knowledge of advocacy can use the eloquence language for fluent
speaking. There are some important points related to eloquence as follow:
An advocate should be a skilled speaker
He should stay confident while giving the speech in front of the judge
He should be fluent while giving this speech.
The language used by an advocate should be error-free
He should have the ability to pause himself at the right moment
This speech given by an advocate should be effective, not dramatic.
He should give this speech in a way that leaves an impression on the judge.
The language should be used in a way that should help the judge while writing his judgement.
The language should influence people towards the point of discussion.
Use of the right law phrase and law maxim.
An advocate can use the power of eloquence by:
noticing the faults made by the opposite party
Presence of mind in the case
Knowledge and practice
By setting the relation between arguments and justification
The skill to develop the equivalence in Hindi speech needs more and more knowledge.
Judgement
The lamp of judgement means the deep study of the present case and then make an informed
opinion for that case. An advocate should think from two sides of the case because it will help
him to understand the consequences of the case. By understanding the case from both sides
the advocates knows the merits and demerits of that case. It helps him to anticipate the
problems and tackle the same with his other lamps of advocacy.
A good advocate knows what will be the consequences after representing a witness in court. He
should be aware of what questions can be asked by the judges and the opposite party after the
witness. And he should be ready to counter these arguments and questions from the opposite
party and judges of the case as well.
Fellowship
Fellowship is one of the most important lamps of advocacy. An advocate must carry fellowship
with his colleagues. When an advocate takes the case and argues, he argues against an
opposite advocate. But it does not make them opposite to each other, they are just making
arguments for the sake of justice only. After finishing the argument in the court hall, the
advocate should respect his opposite advocate. Even while doing an argument in court, an
advocate should respect his opposite lawyer as well. The reason is, it is not the fight between
both of them but it is the fight for justice only.
After the judgement of the caught in a case, even if an advocate lost the case, he should respect
the advocate who wins the case. If an advocate starts fighting with each and every advocate
who is opposing him in the case, he will make all the advocates his enemy which is not
professional ethics.
A case must not bother his friendly relationship with other advocates. An advocate should while
referring to the opposite advocate use the term as a learned friend or learned counsel.
Advocates should also use the lamp of fellowship for judges also. It is the arguments of an
advocate which leads his case. The advocate should respect the judge even if he gave the
opposite decision. An advocate should refer to a judge as:
Learned Judge or Your Honour
High court- your lordship or my lord
These are the terms that show respect towards the other advocates and judges. It builds a
friendship with another colleague.
8th lamp of advocacy
TACT is the 8th lamp of advocacy. An Indian lawyer and former judge of Madras High Court “V
Krishnaswamy Iyer” has written the TEACT in his book of PROFESSIONAL CONDUCT AND
ADVOCACY as the 8th lamp of advocacy.
Sometimes it happens that the courtroom becomes a mess due to the heavy and serious
arguments by advocates. In those circumstances, advocates should know how to tackle the
situation. An advocate should know how to:
control his client in that situation
Control over the opponent advocate in the case.
Persuade the judge
An advocate should use a great technique that will be able to control the messy situation in the
courtroom.
(7+1) Tact K.V.Krishnaswamy Aiyer, in his book “Professional Conduct and Advocacy” adds one
more lamp i.e. tact. Tact means handling people and situations skilfully and without causing
offence. An advocate must be in a position to tackle and win his client, opponent party,
opponent advocate in a smoother way. Many people of unequal ability have failed for want of
tack. An advocate should not quarrel with Court or loose temper over trifle things in the Court
and outside. Men of unquestioned ability have suffered for quarrelling with the tribunal or for
standing on their dignity over trifles, for getting their clients, or for losing their tempers; they
are men of parts but more properly refers to the human side of putting into action the result of
one’s judgment.
Conclusion
Advocates should keep burning these seven lamps of advocacy. Advocacy is not a way to make
money but it is the profession that helps the person to provide justice. Through the eyes of Sir
John Scott, 1st Earl of Eldon, To succeed as a lawyer, a man must work like a horse and live like
a hermit. Former Chief Justice of India S H Kapadia expressed the same while emphasizing the
necessary character, which aids an advocate to remain at the top in the legal profession
Advocacy is a profession and duty of an advocate towards society. Every lawyer is expected to
deal with the case by using these seven lamps of advocacy. An honest advocate builds a strong
bond with his clients and colleagues. Every lamp of advocacy has its own benefits which make
the advocate confident and strong to deal with the case.
The seven lamps of advocacy are the qualities of a successful lawyer. If you are going to practice
in court, you must obey the seven lamps of advocacy.