7 lamps of advocacy

1. Honesty

Honest is a good quality for human beings which every person should
possess. In the legal profession, every advocate works hard at his/her
best and he is also passionate about his/her legal profession. These
qualities give every advocate self-confidence and win the trust of the
client.

The advocate always has to work with different subjects and with
different types of people, therefore, every advocate needs stability and
moral help to go straight forward and then he/she will provide true
and honest guidance to his/her client. The honest nature of the
advocate will increase his practice areas.

2. Courage

Courage is another important quality that enables an advocate to

cover up any type of critical situation and control his/her fear in a
dangerous situation. This is the ability that gives an advocate to stay
away from all types of fear like not speaking fluently English, being in
pain or in loss etc.

An advocate always gets special attention from a society that’s why

every advocate should be full of courage.

With this ability, an advocate always takes his stand in favour of his/her
client in the court proceeding whether it will be civil proceedings or
criminal proceedings against his/her clients. And, because of having
this ability, an advocate can handle all types of critical situations.

3. Fellowship
Here, fellowship means joining the membership of friendly
associations or companionship. It is pertinent to remember that
advocates are adversary parties before the court, and they are not
enemies.

Therefore, every advocate should join the membership of different

associations and groups like the Local Bar Association, State Bar
Association, the Bar Council of India and any other organizations.

Every advocate should possess this ability and it will help and
encourage each other in the legal field while unmistakably expressing
individual thoughts and views.

4. Wittiness

Here, the term wit means to represent ideas full of confidence and
intelligence. Every advocate should be confident about what he/she is
saying, for that confidence the advocate has to come with a better
understanding of the truth.

The wit helps an advocate in the analysis of all the critical situations.
Also, it helps an advocate to manage and lessen workload in his busy
schedule and daily routine life. This skill allows an advocate to make
effective arguments in court on behalf of his/her client.

Through this ability, the advocate can make good conversations with
the judge and can convince the judge of the significant facts of the
case. This will always result in the reduction of stress at the result of
the verdict of the court either in favour of his/her client or against the
client.

5. Industry

The life of an advocate is like an industry. We can say that only a well-
trained advocate becomes a successful advocate in this legal
profession. Every advocate act like an actor, who studies deeply for
his/her best performance in front of the camera that every advocate
should deeply study and perform his/her best in front of the Bench
(Judges).

Advocates very well know that there is no shortcut to achieving success

in the legal profession. To achieve success in this profession, the
advocate works very hard and he/she should always have to aware of
what's going on in the legal profession, and what amendments are
made and always have to study legal subjects. The advocate cannot
stop here, he/she has to maintain relations in this industry i.e. court
practice area.

6. Eloquence

The term eloquence means, the talent of fluent speaking with skilful
language. Eloquence is a great skill that every advocate should
possess. The advocate can impress the judge and everyone with this
skill of speaking fluently whether it is the English language or your
local language.

This skill of speaking does not get in one day, for the advocate has to
practice with topical subjects. This eloquence skill can be developed by
the habit of reading books, newspapers etc. Before this let’s clarify that
there is a difference between speaking and the art of speaking.

In this skill, eloquence cover two sides i.e. physical and psychological.
This skill adds more value to his arguments. And, in this way the
advocate can impress the judge.

7. Judgment

Here judgment means taking the right decision at the right time
incorrect situation. Judgment is a decision-making power or
intellectual power of the person. This ability in the advocates can
enable them to translate good sense into the correct action. Every
advocate should possess this ability because the wise judgment-
making ability can make correct decisions to cure the issues with good
sense and ability.

Here, judgment means the deep study of the facts, issues, problems
and their solutions and making informed decisions about the same
with the related consequences that could arise out it.

Judgment is the most important lamp among the seven lamps of

advocacy. This ability helps every advocate and his/her mind at a high
level of decision-makers from all sides of the case.

8. Tact (Intelligence)

As we saw in the title of this post, The Seven Lamps of Advocacy,

there is one more lamp of advocacy that is Tact or Intelligence. The
seven lamps of advocacy book were written by Justice Abbott Parry,
and in this book, the 7 lamps of advocacy have been discussed.

The book "Professional Conduct and Advocacy", there has discussed

the eight lamps of advocates, and this book is written by Mr K. V.
Krishnaswamy Aiyer and Justice R. K. Prasad.

This ability deals with different people and different situations. By

using this ability, the advocates can smoothly do their work without
creating an offensive situation. The advocate always works to get the
result in favour of his/her client.

The advocate must maintain a good identity on the court premises. If

the advocate cannot control his/her anger then he/she will behave by
offending them by losing his/her mental temper.

Therefore, the lamp of tact uses a major role in the advocates to be

successful in the legal profession.
Powers of D.C of SBC

1) The disciplinary committee of the Bar Council shall have the same powers as are
vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908), in respect
of the following matters, namely ;-

a. summoning and enforcing the attendance of any person and examining him on
oath ;

b. requiring discovery and production of any documents ;

c. receiving evidence on affidavits ;

d. requisitioning any public record or copies thereof from any court or office ;

e. issuing commissions for the examination of witness or documents ;

f. any other matter which may be prescribed ;

Functions

 To make the rules and regulations as per the disciplinary requirement.

 To make the student aware about the discipline.
 To make the student follow the disciplinary rules.
 To take disciplinary action against any of the misconduct.
 To coordinate with legal cell of People’s Group in case of any major
indisciplinary activity
Remedies

The Advocate Act provides remedies against the order of punishment. An advocate aggrieved by the
order of Disciplinary Committee can evoke the following remedies -

1) Review

2) Revision

3) Application for Stay

4) Appeal

1) Review :

It is provided in Section 44 of the Advocates Act,1961. By virtue of this Section the Disciplinary
Committee of Bar Council of its own motion or otherwise review any order, within 60 days of the date of
order passed by it under this Chapter. However, no such order of Review of the Disciplinary Committee
of a State Bar Council shall have effect, unless it has been approved by the Bar Council of India.

According to Section 48-AA of the Bar Council of India or any of the its Disciplinary Committee,
may on its own motion or otherwise, review any order, within 60 days of the date of that order, passed
by it under the Advocate Act 1961.

The procedure for making review application is given in chapter II, Part VII of the rules of the Bar
Council of India. It is in the form of petition duly signed and supported by an affidavit accompanied by
prescribed fee and certified copy of the order, complained of.
Rules For Review under Section 44 of the Act as follows

(1) An application for review under Section 44 of the Act shall be in the form of a petition duly signed
and supported by an affidavit accompanied by the prescribed fee and filed within 60 days from the date
of the order sought to be reviewed.

(2) Every such application shall be accompanied by :

(a) certified copy of the order complained of.
(b) five additional copies of the application, affidavit and the order; and
(c) if there are more respondents than one, as many additional true copies as may be
necessary.

(3) Every such application shall set out the grounds on which the Review is sought and shall further
state whether any proceeding in respect thereof was filled and is still pending or the result thereof as the
case may be.

(4) If a Disciplinary Committee of Bar Council does not summarily reject the application under Section
44 of the Act, or wishes to exercise its powers under Section 44 suo motu, the secretary of a Bar
Council shall issue as nearly as maybe in the Form, notice to the parties and to the Advocate-General
concerned or the Additional Solicitor-General of India in the case of the Bar Council of India.

(5) (1) If after the hearing referred to in rule 4, the Disciplinary Committee of a State Bar Council
does not dismiss the application, and decides that the application for review should be allowed, the copy
of the order along with the relevant record shall be sent to the bar council of India for approval.
(2) If the Bar Council of India approves the order of the Bar Council, the Disciplinary Committee of
the State Bar Council shall communicate the order to the parties, if the bar council of India does not
approved it, the Disciplinary Committee of the State Bar Council shall make its order dismissing the
application and inform the parties.
 (6) The decision of the Disciplinary Committee of the Bar Council of India on an application for Review
of its order shall be communicated to the parties.

(7) In the proceedings under this chapter, unless the disciplinary committee of the State Bar Council
or the Bar Council of India, as the case may be otherwise decides, the parties may appear by the
Advocate who shall file a Vakalatnama signed by the party.

2) Revision Section. 48-A (Amendment 1964 )

1) The Bar Council of India may, at anytime call for the record of proceeding under this Act which
has been disposed of by the State Bar Council or a Committee thereof, and from which no appeal lies,
for the purpose of satisfying itself as to the legality or propriety of such disposal and may pass such
orders in relation thereto as it may think fit.

2) No order which prejudicially affects any person shall be passed under this section without
giving a reasonable opportunity of being heard.

3) Application for Stay -

According to Section 40(1) of the Advocate Act,1961, an Appeal made under Section 37 or Section
38 shall not operate as a stay of the order appealed against, but the Disciplinary Committee of India and
the Supreme Court as the case may be, may for sufficient cause direct the stay of such order on such
terms and conditions as it may deem fit. Rule 29 of chapter I Part VII of the Bar Council of India Rules
provides that an application for stay shall be accompanied by an affidavit and the fee prescribed by the
Bar Council of India.

4) Appeal -

A) Appeal to the Bar Council of India

B) Appeal to Supreme Court

A) Appeal to the Bar Council of India -

In case the order of punishment has been passed by the Disciplinary Committee of the State
Bar Council, an Appeal may be preferred to the Bar Council of India under Section. 37 of the Advocates
Act,1961. It provides that any person aggrieved by an order of the Disciplinary Committee of a State Bar
council made under Section 35, of the Advocate-General of State may, within 60 days of the date of the
communication of the order to him, prefer an appeal to the Bar Council of India. Under Section 37(2),
every such Appeal shall be heard by the Disciplinary Committee of the Bar Council of India which may
pass such order including an order varying the punishment awarded by the Disciplinary Committee of
the State Bar Council thereon as it deemed fit ;

Provided that no order of the Disciplinary Committee of the State Bar Council shall be varied by the
Disciplinary Committee of the Bar Council of India so as to prejudicially affect the person aggrieved
without giving him a reasonable opportunity of being heard.

(See also... The functions of Bar Council of India )

B) Appeal to Supreme Court -

As per section 38 of the Advocates Act,1961 any person aggrieved by an order made by the
Disciplinary Committee of the Bar Council of India under Section 36 or Section 37 or the Attorney-
General of India or the Advocate-General of the State concerned, as the case may be, may, within 60
days of the date on which the order is communicated to him, prefer an appeal to the Supreme Court and
the Supreme Court may pass such order including an order varying the punishment awarded by the
disciplinary committee of the Bar Council of India thereon as it deems fit :

Provided that no order of the Disciplinary Committee of the bar Council of India shall be varied by the
Supreme Court so as to prejudicially affect the person aggrieved without giving him a reasonable
opportunity of being heard .

The Bar Council of India has framed the rules as to the procedure to be observed in case of
Appeal. The Appeal memo in a prescribed form to be accompanied with the certified copy of the order
appealed against signed by the appellant with a prescribed fee within limitation period. Delay can be
condoned if satisfactorily explained and to be supported by an affidavit.
Thus, an appeal against the order passed by the Disciplinary Committee may be preferred to the Bar
council of India and an appeal against the order of the Bar council of India may be preferred to the
Supreme Court.

Advocate’s Duty Towards the Court

1. Act in a dignified manner.

During the presentation of his case and also while acting before a court,
an advocate should act in a dignified manner. He should at all times
conduct himself with self-respect. However, whenever there is a proper
ground for serious complaint against a judicial officer, the advocate has
a right and duty to submit his grievance to proper authorities.

2. Respect the court.

An advocate should always show respect towards the court. An

advocate has to bear in mind that the dignity and respect maintained
towards the judicial office is essential for the survival of a free
community.

3. Not communicate in private.

An advocate should not communicate in private to a judge with regard

to any matter pending before the judge or any other judge. An
advocate should not influence the decision of a court in any matter
using illegal or improper means such as coercion, bribe, etc.

4. Refuse to act in an illegal manner towards the opposition.

An advocate should refuse to act in an illegal or improper manner

towards the opposing counsel or the opposing parties. He shall also
use his best efforts to restrain and prevent his client from acting in any
illegal, improper manner or use unfair practices in any mater towards
the judiciary, opposing counsel or the opposing parties.

5. Refuse to represent clients who insist on unfair means.

An advocate shall refuse to represent any client who insists on using

unfair or improper means. An advocate shall excise his own judgment
in such matters. He shall not blindly follow the instructions of the client.
He shall be dignified in use of his language in correspondence and
during arguments in court. He shall not scandalously damage the
reputation of the parties on false grounds during pleadings. He shall
not use unparliamentary language during arguments in the court.

6. Appear in proper dress code.

An advocate should appear in court at all times only in the dress

prescribed under the Bar Council of India Rules and his appearance
should always be presentable.
7. Refuse to appear in front of relations.

An advocate should not enter an appearance, act, plead or practice in

any way before a judicial authority if the sole or any member of the
bench is related to the advocate as the father, grandfather, 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.

8. Not to wear bands or gowns in public places.

An advocate should not wear bands or gowns in public places other

than in courts, except on such ceremonial occasions and at such places
as the Bar Council of India or as the court may prescribe.

9. Not represent establishments of which he is a member.

An advocate should not appear in or before any judicial authority, for or

against any establishment if he is a member of the management of the
establishment. This rule does not apply to a member appearing as
“amicus curiae” or without a fee on behalf of the Bar Council,
Incorporated Law Society, or a Bar Association.

10. Not appear in matters of pecuniary interest.

An advocate should not act or plead in any matter in which he has

financial interests. For instance, he should not act in a bankruptcy
petition when he is also a creditor of the bankrupt. He should also not
accept a brief from a company of which he is a Director.

11. Not stand as surety for the client.

An advocate should not stand as a surety or certify the soundness of a

surety that his client requires for the purpose of any legal proceedings.

Advocate’s Duty Towards the Client

1. Bound to accept briefs.

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.
He should levy fees that are at par with the fees collected by fellow
advocates of his standing at the Bar and the nature of the case. Special
circumstances may justify his refusal to accept a particular brief.

2. Not withdraw from service.

An advocate should not ordinarily withdraw from serving a client once

he has agreed to serve them. He can withdraw only if he has a sufficient
cause and by giving reasonable and sufficient notice to the client. Upon
withdrawal, he shall refund such part of the fee that has not accrued to
the client.

3. Not appear in matters where he himself is a witness.

An advocate should not accept a brief or appear in a case in which he
himself is a witness. If he has a reason to believe that in due course of
events he will be a witness, then he should not continue to appear for
the client. He should retire from the case without jeopardizing his
client’s interests.

4. Full and frank disclosure to the client.

An advocate should, at the commencement of his engagement and

during the continuance thereof, make all such full and frank disclosure
to his client relating to his connection with the parties and any interest
in or about the controversy as are likely to affect his client’s judgement
in either engaging him or continuing the engagement.

5. Uphold the interest of the client.

It shall be the duty of an advocate fearlessly to uphold the interests of

his client by all fair and honourable means. An advocate shall do so
without regard to any unpleasant consequences to himself or any
other. He shall defend a person accused of a crime regardless of his
personal opinion as to the guilt of the accused. An advocate should
always remember that his loyalty is to the law, which requires that no
man should be punished without adequate evidence.

6. Not suppress material or evidence.

An advocate appearing for the prosecution of a criminal trial should
conduct the proceedings in a manner that does not lead to the
conviction of the innocent. An advocate shall by no means suppress
any material or evidence, which shall prove the innocence of the
accused.

7. Not disclose the communications between the client and

himself.

An advocate should not by any means, directly or indirectly, disclose

the communications made by his client to him. He also shall not
disclose the advice given by him in the proceedings. However, he is
liable to disclose if it violates Section 126 of the Indian Evidence Act,
1872.

8. An advocate should not be a party to stir up or instigate

litigation.

9. An advocate should not act on the instructions of any person

other than his client or the client’s authorised agent.

10. Not charge depending on success of matters.

An advocate should not charge for his services depending on the

success of the matter undertaken. He also shall not charge for his
services as a percentage of the amount or property received after the
success of the matter.
11. Not receive interest in actionable claim.

An advocate should not trade or agree to receive any share or interest

in any actionable claim. Nothing in this rule shall apply to stock, shares,
and debentures of government securities, or to any instruments, which
are, for the time being, by law or custom, negotiable or to any
mercantile document of title to goods.

12. Not bid or purchase property arising of legal proceeding.

An advocate should not by any means bid for, or purchase, either in his
own name or in any other name, for his own benefit or for the benefit
of any other person, any property sold in any legal proceeding in which
he was in any way professionally engaged. However, it does not
prevent an advocate from bidding for or purchasing for his client any
property on behalf of the client provided the Advocate is expressly
authorised in writing in this behalf.

13. Not bid or transfer property arising of legal proceeding.

An advocate should not by any means bid in court auction or acquire by

way of sale, gift, exchange or any other mode of transfer (either in his
own name or in any other name for his own benefit or for the benefit of
any other person), any property which is the subject matter of any suit,
appeal or other proceedings in which he is in any way professionally
engaged.
14. Not adjust fees against personal liability.

An advocate should not adjust fee payable to him by his client against
his own personal liability to the client, which does not arise in the
course of his employment as an advocate.

15. An advocate should not misuse or take advantage of the

confidence reposed in him by his client.

16. Keep proper accounts.

An advocate should always keep accounts of the clients’ money

entrusted to him. The accounts should show the amounts received
from the client or on his behalf. The account should show along with
the expenses incurred for him and the deductions made on account of
fees with respective dates and all other necessary particulars.

17. Divert money from accounts.

An advocate should mention in his accounts whether any monies

received by him from the client are on account of fees or expenses
during the course of any proceeding or opinion. He shall not divert any
part of the amounts received for expenses as fees without written
instruction from the client.

18. Intimate the client on amounts.

Where any amount is received or given to him on behalf of his client,
the advocate must without any delay intimate the client of the fact of
such receipt.

19. Adjust fees after termination of proceedings.

An advocate shall after the termination of proceedings, be at liberty to

adjust the fees due to him from the account of the client. The balance
in the account can be the amount paid by the client or an amount that
has come in that proceeding. Any amount left after the deduction of
the fees and expenses from the account must be returned to the client.

20. Provide copy of accounts.

An advocate must provide the client with a copy of the client’s account
maintained by him on demand, provided that the necessary copying
charge is paid.

21. An advocate shall not enter into arrangements whereby funds

in his hands are converted into loans.

22. Not lend money to his client.

An advocate shall not lend money to his client for the purpose of any
action or legal proceedings in which he is engaged by such a client. An
advocate cannot be held guilty for a breach of this rule, if in the course
of a pending suit or proceeding, and without any arrangement with the
client in respect of the same, the advocate feels compelled by reason of
the rule of the Court to make a payment to the Court on account of the
client for the progress of the suit or proceeding.

23. Not appear for opposite parties.

An advocate who has advised a party in connection with the institution

of a suit, appeal or other matter or has drawn pleadings, or acted for a
party, shall not act, appear or plead for the opposite party in the same
matter.

Advocate’s Duty Towards the Opponents

1. Not to negotiate directly with opposing party.

An advocate shall not in any way communicate or negotiate or call for

settlement upon the subject matter of controversy with any party
represented by an advocate except through the advocate representing
the parties.

2. Carry out legitimate promises made.

An advocate shall do his best to carry out all legitimate promises made
to the opposite party even though not reduced to writing or
enforceable under the rules of the Court.
Advocate’s Duty Towards Fellow Advocates
1. Not advertise or solicit work.

An advocate shall not solicit work or advertise in any manner. He shall

not promote himself by circulars, advertisements, touts, personal
communications, interviews other than through personal relations,
furnishing or inspiring newspaper comments, or producing his
photographs to be published in connection with cases in which he has
been engaged or concerned.

2. Sign-board and Name-plate.

An advocate’s sign-board or name-plate should be of a reasonable size.

The sign-board or name-plate or stationery should not indicate that he
is or has been President or Member of a Bar Council or of any
Association or that he has been associated with any person or
organisation or with any particular cause or matter or that he
specialises in any particular type of work or that he has been a Judge or
an Advocate General.

3. Not promote unauthorised practice of law.

An advocate shall not permit his professional services or his name to be

used for promoting or starting any unauthorised practice of law.

4. An advocate shall not accept a fee less than the fee, which can
be taxed under rules when the client is able to pay more.
5. Consent of fellow advocate to appear.

An advocate should not appear in any matter where another advocate

has filed a vakalt or memo for the same party. However, the advocate
can take the consent of the other advocate for appearing.

In case, an advocate is not able to present the consent of the advocate

who has filed the matter for the same party, then he should apply to
the court for appearance. He shall in such an application mention the
reason as to why he could not obtain such consent. He shall appear
only after obtaining the permission of the Court.