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Under the Advocate Act, 1961, advocates have certain rights that are important

to understand:

1. Recognized Class(section 29): Advocates are the only recognized class of


individuals allowed to practice law. This means that, according to the law, only
advocates can represent clients in legal matters.

2. Right to Practice(section 30): If an advocate's name is listed in the State roll,


they have the right to practice law across the territories covered by the Act. This
includes appearing in all courts, including the Supreme Court, before tribunals,
and other authorized bodies where legal representation is needed.

3. Permission for Non-Advocates(section 32): Although advocates are the


primary group allowed to practice law, there are situations where courts or
authorities may permit someone who isn't enrolled as an advocate to appear in a
specific case. This could happen in special circumstances as deemed appropriate
by the court or authority.

4. Exclusive Rights(section33): Except for specific situations outlined in the Act


or other laws in force, only enrolled advocates are entitled to practice law. This
means that after the specified date, no one else can practice law in courts or before
any authority unless they are registered as advocates under this Act.

5.Right to Receive Fees(Section 34): Advocates have the right to be paid for the
legal services they provide to their clients. This means they can charge a
reasonable fee for their expertise and time spent on a case. The Advocates Act,
1961, and the professional conduct rules outline how fees should be determined
and collected. Advocates must be honest and fair when setting fees and should
consider factors like their experience and the complexity of the case. If clients
don't pay their fees, advocates have the right to take legal action to recover what
they're owed, as long as they follow the rules and laws that govern their
profession.

In simpler terms, the Advocate Act gives advocates the exclusive right to practice
law, but there are some exceptions where non-advocates may be allowed to
represent parties in certain cases. However, in general, only enrolled advocates
can legally practice in courts and before authorities.

Duties of an advocate under the Advocate act,1961: Here are the key duties of an
advocate under the Advocates Act, 1961:
1. Duty to Uphold the Rule of Law: Advocates must uphold the rule of law and
the administration of justice. They should respect and abide by the laws of the
land and ensure that justice is served impartially.

2. Duty of Confidentiality: Advocates are obliged to maintain confidentiality


about their clients' affairs. They must not disclose any information related to their
clients' cases unless required by law or authorized by the client.

3. Duty to Act in the Best Interest of Clients: Advocates must act in the best
interest of their clients. This includes providing competent legal advice, diligently
representing their clients' interests, and advocating for their rights within the
bounds of the law.

4. Duty of Loyalty: Advocates owe a duty of loyalty to their clients. They must
avoid any conflict of interest and prioritize their clients' interests above their own
or those of any other party.

5. Duty to Maintain Integrity and Professionalism: Advocates must maintain the


highest standards of integrity and professionalism in their dealings. They should
refrain from engaging in any conduct that may undermine the dignity of the legal
profession or erode public confidence in the administration of justice.

6. Duty to Represent Competently: Advocates should represent their clients


competently, diligently, and fearlessly. This includes acquiring the necessary
skills and knowledge to handle their clients' cases effectively and advocating
zealously on their behalf.

7. Duty to Refrain from Misconduct: Advocates must refrain from engaging in


any conduct that constitutes professional misconduct. This includes unethical
practices such as dishonesty, deceit, or willful disobedience of court orders.

8. Duty to Uphold the Honor of the Profession: Advocates have a duty to uphold
the honor and dignity of the legal profession. They should conduct themselves in
a manner that reflects positively on the profession and contributes to its
reputation.

9. Duty to Promote Access to Justice: Advocates should strive to promote access


to justice for all members of society, including marginalized and disadvantaged
individuals. They should be mindful of their role in facilitating equal and fair
access to legal representation and services.

These duties outlined in the Advocates Act, 1961, serve as ethical guidelines for
advocates to follow in their professional practice.

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