1. What do you mean by Wit?

Wit has multiple definitions:

i. The ability to say or write something clever and funny
ii. A person who is known for making clever and funny remarks
iii. The ability to relate seemingly disparate things so as to illuminate or amuse
iv. Clever or apt humor
v. Astuteness of perception or judgment
vi. The ability to use words or ideas in an amusing, clever, and imaginative way

2. What is Touting?

In law, touting is the act of soliciting and marketing legal services in an unethical
and intrusive manner. This can include unsolicited approaches, advertising, or
referral services that undermine the professionalism and ethical conduct
expected of legal practitioners.

The word “tout” is defined in section 3 of the Legal Practitioners Act

“Tout" means a person-

(a) who procures, in consideration of any remuneration moving from any legal
practitioner, the employment of the legal practitioner in any legal business; or who
proposes to any legal practitioner or to any person interested in any legal business
to procure, in consideration of any remuneration moving from either of them, the
employment of the legal practitioner in such business; or

(b) who for the purposes of such procurement frequents the precincts of Civil or
Criminal Courts or of revenue offices, or railway stations, landing-stages, lodging
places or other places of public resort."

3. Why Advocates are prohibited from advertising?

In India, lawyers are prohibited from advertising to preserve the dignity of the legal
profession. The ban is meant to:
i Prevent the commercialization of the legal profession
ii Prevent the use of unethical methods
iii Prevent legal disparity
iv Avoid misleading the public
v Safeguard the interests of the country's less educated population
vi Prevent professional envy
 vii Prevent any potential misrepresentation, exaggeration, or even false claims
which could mislead clients
The ban is based on the idea that law is not a trade and that advertising by lawyers
can manipulate or mislead people.

4. What is the Difference between a Barrister and a Solicitor?

The basic difference between barristers and solicitors is that a barrister mainly
defends people in court and a solicitor mainly performs legal work outside court.

A solicitor is a qualified legal practitioner who can take instructions from clients and
advise on necessary courses of legal action. Solicitors may be responsible for handling
legal matters such as providing legal advice, drafting contracts, and negotiating
settlements.

In the event of a Court case, a solicitor will draft legal documents. Solicitors provide
clients with specialist legal advice on a wide variety of legal matters, which are
divided into contentious and non-contentious cases.

Barristers tend to specialise in courtroom advocacy and litigation, drafting legal pleas,
giving expert legal opinions and researching the theory and history of law. They are
responsible for presenting cases in court, arguing legal points and cross-examining
witnesses. A barrister wears a wig and gown in Court.

5. What is the meaning of legal maxim "Volenti non-fit injuria"?

"Volenti non fit injuria" is a Latin legal maxim that means "to a willing person, it is not
a wrong". It is a common law doctrine that states that if someone willingly puts
themselves in a position where harm might result, they will not be able to bring a
claim against the other party in a tort.

6. What do you mean by Legal Ethics?

Legal ethics are the principles of conduct that lawyers and other legal professionals
are expected to follow. They can also refer to the broader moral principles that
societies place on lawyers.
Legal ethics are a critical aspect of the legal profession. They ensure that lawyers and
other legal professionals act with integrity, competence, and diligence. They are
essential for upholding the rule of law, protecting the interests of clients, and
promoting public trust in the legal system.
7. Mention any two privileges of a lawyer?

Exemption from arrest:

According to section 135(2) of the Civil Procedure Code, 1908, an advocate cannot be
arrested especially in civil cases, this includes if he is going or attending court and
returning from the court. Even during the proceedings happening in the court.
Anyhow, this privilege is not applicable in terms of criminal cases or contempt of
court.

Privilege related to Vakalatnama:

When a client agrees and signs a Vakalatnama referring to the advocate then the
advocate is entitled to represent this particular client in that case. No other advocate
can represent the case without the permission of the advocate mentioned in the
vakalatnama.

Privilege to review the parliamentary bill for remuneration:

All the Advocates have the privilege to review parliamentary bills; they are even
allowed to give suggestions for amendments.

The privilege of meeting accused in jail:

Meeting the accused in jail is a special privilege given to the advocates of India. He can
visit the accused whenever he wishes to.

8. How does a Law graduate enroll himself to practice?

Law graduates must enroll themselves with the State Bar Council to practice law. Each
state has its own Bar Council, and enrollment must be done with the respective State
Bar Council. After receiving the application, the concerned Bar council may grant
provisional registration to the applicant allowing them to undergo a period of
practical training. After completing training the candidate is required to pass All India
Bar Examination (AIBE) conducted by Bar Council of India. After passing the exam
candidate can apply for final enrolment as an advocate. Bar council will examine the
application and if found in order the candidate will be enrolled as an advocate. Upon
enrolment, the candidate will be issued a Certificate of Practice by the respective Bar
Council.

Short Notes

1. Preparation of Case:
In the complex and ever-evolving landscape of the legal arena, the preparation of a
case is an art that demands meticulous attention to detail, astute legal acumen, and
unwavering dedication. As legal practitioners, we find ourselves entrusted with the
profound responsibility of advocating for our clients' rights and seeking justice in a
world of intricate laws and regulations. The process of preparing a case as a lawyer
necessitates a comprehensive and systematic approach, encompassing various
essential steps that pave the path towards success.
The journey from the initial client interview to the culmination of a trial or a
settlement is a testament to the synergy between legal expertise, thorough research,
strategic planning, and ethical representation. It is within these endeavors that we
strive to navigate the complexities, unearth the truths concealed within evidence, and
construct compelling narratives that resonate in the corridors of justice.
1. Case Analysis:
- Understand the Legal Issue: Thoroughly grasp the legal issue at hand, identify key
elements, and apply relevant legal principles to the case.
- Client Interview: Gather crucial information from the client, collect relevant
documents, and identify potential witnesses.
- Evidence Collection: Gather all pertinent evidence, such as documents,
photographs, videos, contracts, and emails.
- Assessment of Strengths and Weaknesses: Evaluate the case's strengths and
weaknesses, anticipate challenges, and address potential legal hurdles.
2. Legal Research:
- Statutes and Case Law: Conduct comprehensive legal research to find relevant
statutes and case law that apply to the case.
- Secondary Sources: Consult secondary legal sources like law review articles and
legal treatises to gain deeper insights into complex legal issues.
3. Case Strategy:
- Objective: Clearly define the case objective, whether it's winning the trial, seeking a
favorable settlement, or achieving a specific goal.
- Legal Theories and Arguments: Develop strong legal theories and arguments based
on analysis and research.
- Counterarguments: Anticipate possible counterarguments from the opposing party
and devise strategies to address them effectively.
4. Drafting Legal Documents:
- Pleadings: Prepare necessary pleadings, including complaints, answers, motions,
and discovery requests.
- Legal Memoranda: Draft detailed legal memoranda outlining the legal issues,
relevant laws, and how they apply to your client's case.

5. Witness and Expert Preparation:

- Witnesses: Identify potential witnesses and prepare them for depositions and trial
testimony.
 - Experts: If needed, retain and prepare qualified experts to present their opinions
convincingly in court.
6. Discovery:
- Document Production: Request relevant documents and information from the
opposing party during the discovery phase.
- Depositions: Conduct depositions of key witnesses and the opposing party to gather
additional information.
7. Pre-Trial Preparation:
- Pre-Trial Motions: File any necessary pre-trial motions, such as motions in limine, to
address evidentiary issues.
- Trial Preparation: Organize evidence, exhibits, and legal arguments effectively for
presentation in court.
8. Negotiation and Settlement:
- Assessment: Continuously assess settlement opportunities throughout the case.
- Client Counseling: Advise your client on settlement offers and guide them on
acceptance or rejection.
9. Trial:
- Courtroom Preparation: Organize trial exhibits, review case strategy, and prepare
witnesses for testimony.
- Opening Statement: Deliver a compelling opening statement that outlines key
arguments.
- Examination and Cross-Examination: Conduct direct examination of your witnesses
and cross-examine the opposing party's witnesses.
- Closing Argument: Deliver a persuasive closing argument summarizing the
evidence and legal theories.
10. Post-Trial Work:
- Appeals: Handle post-trial appeals, including preparing appellate briefs and
presenting oral arguments.
- Enforcement: Assist with the enforcement of judgments or settlements obtained in
favor of your client.
11. Case Evaluation and Risk Assessment:
- Evaluate the case's strength and potential risks, assess likelihood of success,
potential damages, and cost of litigation.
12. Client Communication and Management:
- Maintain regular communication with your client, keep them informed, and manage
their expectations.
13. Trial Notebook:
- Create a well-organized trial notebook with all relevant documents, exhibits, and
materials.
14. Courtroom Etiquette:
- Familiarize yourself with courtroom procedures and etiquette, presenting yourself
professionally.
15. Evidence Presentation:
- Develop a clear plan for presenting evidence during trial.
16. Objections and Responses:
- Be prepared to make objections and respond to objections raised by the opposing
side.
17. Witness Credibility Assessment:
- Evaluate witness credibility and prepare effective cross-examinations.
18. Post-Trial Motions:
- Consider filing post-trial motions, such as motions for judgment notwithstanding
the verdict or new trial.
19. Continuing Legal Education (CLE):
- Stay updated with legal changes through continuing legal education programs.
20. Ethics and Professional Responsibility:
- Adhere to ethical rules and professional responsibilities.
21. Appeals and Enforcement:
- Handle the appellate process and enforce judgments or settlements.
22. Case Debriefing:
- Conduct a thorough debriefing with your team to review the case and identify areas
for improvement.
By following these steps, you can effectively prepare and present your case, increasing
the likelihood of achieving a favorable outcome for your client.
Conclusion:
In conclusion, the art of preparing a case as a lawyer is a multifaceted undertaking
that requires a harmonious amalgamation of legal proficiency, unyielding diligence,
and the ability to adapt to the evolving dynamics of the legal landscape. The process
of building a strong case is a testament to the unwavering commitment we, as legal
professionals, possess towards safeguarding the rights of our clients and upholding
the principles of justice.

2. Powers of Disciplinary committee

Section 42 the Advocates Act, 1961 provides that the disciplinary committee of a Bar
Council shall have the same powers as are vested in a civil court under the Code of
Civil Procedure, 1908, in respect of summoning and enforcing the attendance of any
person and examining him on oath, requiring discovery and production of any
documents;

The disciplinary committee of the Bar Council of India has the following powers:
i Make inquiries: The committee can investigate complaints of misconduct.
 ii Withdraw cases: The committee can withdraw cases for its own investigation.
iii Hear appeals: The committee can hear appeals and order stays.
iv Review orders: The committee can review its own orders.
v Summon and examine: The committee can summon and enforce the
attendance of any person and examine them on oath.
vi Require documents: The committee can require the discovery and production
of any documents.
vii Receive evidence: The committee can receive evidence on affidavits.
viii Requisition records: The committee can requisition any public record or
copies thereof from any court or office.
ix Issue commissions: The committee can issue commissions for the examination
of witness or documents.
x Send summons: The committee can send summons or other processes to any
civil court for the attendance of a witness or the production of a document.

3. Lawyer as Psychologists
To work effectively with clients, witnesses, judges, mediators, arbitrators, experts,
jurors, and other lawyers, attorneys must have a good understanding of how people
think and make decisions, and must possess good people skills. Yet, law schools have
tended to teach very little, directly, about human behavior, and current critiques of
legal education do not focus on the importance of psychological insights to attorneys.
In particular, lawyers and legal education have not taken full advantage of the great
strides that have been made in the field of scientific psychology in recent decades.
Similarly, psychologists are not doing as much as they might to apply their discipline
to all aspects of law. Law and psychology texts and courses often focus primarily on
criminal rather than civil law and practice, and place their emphasis on the
psychology of juries, eyewitness testimony, interrogation, and trials. This Article
begins to fill some of the gaps that exist in the application of psychology to legal
practice, focusing on psychological insights that are important to the endeavor of
interviewing and providing initial counseling to clients in civil cases. Law students
commonly graduate from law school understanding little if anything about
perception, memory, communication, cognitive heuristics, or decision-making. While
good lawyers ultimately pick up some of this information through experience, there
is no reason to leave new lawyers to flounder based on a lack of understanding of
these psychological principles. Further, even experienced lawyers can benefit from
more explicit study of psychology. While the best lawyers may have intuited some of
what will be discussed here, some of the findings are counterintuitive, and even
experienced lawyers can improve their approach to interviewing and counseling by
drawing on relevant psychology.

4. Professional habit and Business habit

Here are some professional habits:
i Ask questions: Asking questions can help you learn more about your company,
responsibilities, and profession. It can also help you form strong professional
relationships and expand your professional expertise.
ii Communicate effectively: Effective written and verbal communication makes
sure that processes run smoothly and efficiently.
iii Be organized: Staying organized and keeping a tidy workspace can help you
commit to your habit streak.
iv Be a team player: Learn the importance of being a team player.
v Take criticism well: Take criticism well and don't gossip.
vi Be punctual: Be punctual and professional at the workplace.
vii Respect deadlines: Respect and achieve deadlines.
viii Manage time: Manage time for a healthy work life balance.
ix Use technology: Use technology to organize better.

Business Habits
1. Go to Bed Early, so You Wake up Early
To excel in business, you need proper focus. The days can get quite chaotic with the
phone ringing all the time, people coming in and out of your office, meetings,
meetings, meetings, and the Herculean effort it takes to reach inbox zero.

If you want to make it easier for yourself to focus on the activities that await you on a
particular day, waking up early is essential. Unless this is a habit that you’re already
exercising, we recommend that you make an effort to wake up at least two hours
earlier than you are waking up right now.

What do we mean by early? We find that the sweet spot is somewhere between 4 am
and 6 or 7 am. For those of you who are not early birds by nature, this may be a habit
that is challenging to instill, but we would argue that the more challenging you find it,
the more critical it is for you.

Want to hear our pro tip for waking up early? There’s no rule that says you need to
adopt this habit overnight, as that can shock your system and have the opposite effect.
You can start gradually, by simply moving your alarm 15 minutes earlier each day,
until you reach your goal.

Sometimes you’ll be stuck at the same wake-up time for a couple of days, and that’s
okay. The body and the mind need time to adjust to a new sleeping regimen, and you
will notice that you’re getting sleepier earlier and earlier each evening.

2. Always Be Inspired
If you remember the exact moment when your initial business idea crossed your
mind, and then the exact moment you decided to make a go for it, well, that’s what it
means to be inspired. When all the pieces of the puzzle suddenly fit together, you feel
this rush and eagerness to just do something.

Although the feeling of inspiration is transitory, it’s good for your creativity levels to
keep an open mind and a proactive attitude so that you are always as accepting of it
as you can be.

You can, for example, find something that inspires you to watch, read, or listen to and
consume at least a bit of it every day. Whether “it” for you is a scientific channel with
the latest trends in tech development, a TED talk, an inspirational blog, or your
favorite podcast - it’s important that you do it each day.

3. Powerful Morning
Many successful people in business claim that the first part of the day is the most
important for them, as that’s when they feel the strongest and most energized. That’s
likely because it’s much easier to remain focused and concentrated in the morning
when you’re not yet overwhelmed by the challenges of the day.

But if you find that you are not as productive in the mornings as you want to be, there
are several things you can do.

You can start by implementing a powerful and engaging morning routine designed
around activities that fill you with positivity. For example, you can start the day by
filling out your Five Minute Journal, expressing your gratitude alone, with your
partner, or your whole family. There’s always a way to add to this routine gradually
and take it further one step at a time, by adding a short exercise routine, preparing a
healthy breakfast, reading a chapter from a book, or anything else that you find
inspiring to do in the morning.

Take your time building your morning habits, as forming a new habit doesn’t happen
overnight — it can take between three weeks and a few months.

4. Zero Inbox
Like clutter in our physical space, digital clutter can distract us and decrease our
capacity for concentration. To save yourself this added stress, we recommend that
you make it a habit to read, sort, and discard unwanted emails the moment they
arrive.
If your email service provider allows, you can also set up specific filters and
automation, but if it’s not possible, you can still try to keep your inbox clean manually,
so it’s easy for you to reach inbox zero each day.

5. Eat the Frog

In one of our previous articles, we spoke at length about how you can use The
Productivity Planner to prioritize, and we recommended that you always ‘eat the frog’
or choose your most important tasks for the day first.

Waking up early and completing an inspiring and empowering morning routine will
make it even easier for you to get into your MITs.

The challenging thing about MITs is choosing them. For people running their
businesses, everything seems equally important. But this way of thinking can lead to
burnout pretty quickly. We advise you to just get it over with, choose two or three
things that are the most important for the goals you’re committed to, and make them
the first thing you focus on in the morning.

6. Use the Pareto Principle

This principle can be pretty helpful in business and for goal achievement in general
because it helps you focus your efforts on the most meaningful activities.

According to this principle, 80% of the results that you achieve come from 20% of the
effort you have invested.

To illustrate, for a sales business, this means that 80% of the sales are coming from
20% of the customers.

You can find out how the 80/20 rule applies directly to your business and try to use
that information to rescale your efforts and focus on those activities, clients, or
customers that bring you the most significant value.

7. Master Time Management

Even though the internet, TV, and movie industry are churning out an abundance of
content that is often challenging to ignore, being successful means restraining
yourself from activities that don’t enrich your life in a meaningful way.

Our time on Earth is limited, which is both intimidating and beautiful at the same
time. To make sure we make the most of it, we can try to save time, just like we try to
save money before it’s gone forever.
Use all the tools at your disposal to create an excellent time-management system and
stick to it to avoid distraction and achieve your goals.

The Productivity Planner and The Mindful Focus Hourglass are two excellent tools to
help you with that. If you use them together, you’ll soon find that your daily and
weekly planning have never been more straightforward. The Productivity Planner is
designed to help you put together the perfect time management plan, while the
Mindful Focus Hourglass that lasts 30 minutes will help you execute your plan.

8. Daily Goals
There is no business without a business plan with clearly outlined long-term goals.
That’s something you probably know already. However, every big goal composes of
many smaller subgoals. The goal-units should get as small as daily goals. Some of the
most successful business people set goals for each day. A daily goal can be something
like ‘reply to all of my emails’ or ‘make at least two sales’.

It’s good to set your daily goals early in the morning when you feel fresh and energetic.

If you’re not sure how to set, manage, and measure achievable goals, perhaps check
out one of our previous articles on How to set achievable goals, where we explain how
to formulate your goals, what principles to use, how to pick your metrics for progress
and measure your success, and so much more.

9. Tracking and Analyzing

How do you know that you’ve made progress?

Tracking your activities and measuring your progress using simple analytical
methods is the only way to be sure that you are moving forward.

This is especially important for long-term goals, where we can get lost in the sea of
smaller steps and can no longer tell whether we are moving forward or staying in
place.

Knowing how far you’ve come from when you first started out and how much is left
before the end can help you make necessary adjustments in your strategy and
estimate the time needed to pass certain milestones.

This is why it’s good to have progress metrics in place. Achieving daily goals can be
one of them. You can also track your progress hourly by setting a reminder for
yourself to write down what you are doing and what you have done so far. This may
create a bit of pressure, so we don’t recommend it for everyone. However, for certain
people, the awareness that time until the next alarm beep sounds is running out can
help them get things done when they’re on a tight schedule.

Since hourly reminders can be somewhat overwhelming, it’s enough to do this

exercise only for a couple of days. The goal is to get a grasp of how you spend your
time in order to reorganize your daily activities.

10. Networking
If you have a great plan, a good business strategy, and lots of knowledge but have no
connections, that factor alone can hinder your business success.

While most people understand that this is one of the basic principles of doing
business, not many people list networking as an activity they need to do every day.

Helping others, visiting social events that people from your or similar branches of
business often attend, reaching out for collaboration, making a page on social media,
and interacting with people are all ways of networking that may be beneficial for your
business.

Networking rarely pays off immediately. It takes time and repeated interactions
before things start to ‘click’.
Answer in detail

1. Duties and Obligations of an Advocate

Advocate’s Duty Towards the Court

Advocate’s Duty Towards the Client
Advocate’s Duty Towards Opponents
Advocate’s Duty Towards Fellow Advocates

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 a serious complaint against
a judicial officer, the advocate has a right and duty to submit his grievance to the
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 are
essential for the survival of a free community.

3. Not communicate in private.

An advocate should not communicate privately to a judge regarding any matter
pending before the judge or any other judge. In addition, an advocate should not
influence the decision of a court in any matter using illegal or improper means such
as coercion, bribes, 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 using unfair
practices in any matter 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 the 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 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 ceremonial occasions and at places like 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 adequate 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 considering any
unpleasant consequences to himself or any other. He shall defend a person accused of
a crime regardless of his personal opinion about 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.
An advocate must not be the party to facilitate litigation, as it is not suitable for natural
justice.

9. An advocate should not act on the instructions of any person other than his
client or the client’s authorised agent.
In Raj Kumar Prasad vs State of Arunachal Pradesh, (2006) 2 GLR 597, it was held that
it is the duty of an advocate not to act on the instructions of any person except for his
client or any person authorised by his client.

10. Not charge depending on the 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 from a 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 on this behalf.

13. Not bid or transfer property arising from 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 the 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.
It is the duty of the advocate that they keep all the personal information of the client
that the latter has shared safe and secure. Confidentiality must be protected.

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 the 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 a 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.
It means an advocate should not enter into any such arrangements which convert his
funds into loans. He should not lend or leave money to his client.

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 the 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 the 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.
An advocate shall not take a fee less than the fee, which can be taxed under rules when
the client can pay more. If the advocate accepts less than the prescribed fee, then it
shall be unethical and against the moral turpitude of the legal fraternity.

5. Consent of fellow advocate to appear.

An advocate should not appear in any matter where another advocate has filed a
Vakalat or memo for the same party. However, the advocate can take the consent of
the other advocate to appear.

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 why he could not obtain such
consent. He shall appear only after obtaining the permission of the Court.
2. Constitutional power and function of state bar council
The State Bar Councils are statutory bodies established under Section 3 of the
Advocates Act, 1961. They act as regulatory bodies, making rules for the legal
profession and education in their respective states and also act as the
representatives of the advocates of that state, thereby acting in their interests.
They work in coordination with and under the supervision of the Bar Council of
India, which is a national body established under Section 4 of the Advocates Act,
1961.

Structure of State Bar Councils

Section 3 of the Advocates Act mandates that there shall be a Bar Council for every
state, and it shall be called as Bar Council of that state.
• Every Bar Council shall be a body corporate with perpetual succession and
common seal. It can acquire and hold properties. It can sue or be sued.
• There shall be a Chairman and Vice Chairman of each Bar Council elected
by the Council. The Advocate – General of a state shall be ex-officio member
of that State Bar Council.
• There shall be 15 members in a State Bar council if the electorate doesn’t
exceed 5,000. And it becomes 20 if the electorate ranges between 5,000 –
10,000.
• There shall be 25 members in the Council if the number exceeds 10,000.
The members of the Council are elected through a system of proportional
representation by means of the single transferable vote from amongst
Advocates on the electoral roll of the State Bar Council.

Functions of State Bar Councils

Section 6 of the Act lays down the important functions of a State Bar Council. They
are as follows:
• To admit persons as Advocates on its roll.
• To prepare and maintain such roll.
• To entertain and determine cases of misconduct against Advocates on its
roll.
• To safeguard the rights, privileges and interests of Advocates on its roll.
• To promote and support law reform.
• To conduct seminars and organize talks on legal topics by eminent jurists
and publish journals and papers of legal interest.
• To organize legal aid to the poor.
• To manage and invest the funds of the Bar Council.
• To provide for the election of its members.
• To perform any other functions as prescribed by the Act.
• To do all other things necessary for discharging the aforesaid functions.
3. Professional misconduct and unprofessional conduct on the part of an
advocate

In the Advocates Act, 1966, misconduct was not specified, but misconduct
envisages
infringement of discipline, although it would not be possible to set out
exhaustively what would constitute misconduct and indiscipline, which, however,
is broad enough to include wrongful omission or commission, whether done or
omitted to be done intentionally or unintentionally.

In Black's Dictionary, misconduct has been described as a transgression of some

known and definite rule of action, a prohibited act, a dereliction of duty, unlawful
behaviour,
inappropriate or incorrect behaviour. Misdemeanours, impropriety,
mismanagement, offence, but not negligence or carelessness, are synonyms.

In Noratanmal Chaurasia v. M.R., the case The Supreme Court held that
misconduct was not specified in the Advocates Act, 1966, but misconduct
envisages violation of discipline, although it would not be possible to set out
exhaustively what would constitute misconduct and indiscipline, which, however,
is broad enough to include wrongful omission or commission, whether done or
omitted to be done intentionally or unintentionally

It has been concluded In Re Tulsidas Amanmal Karim that any behaviour that in
any way renders a person unfit for the exercise of his profession or is likely to
influence or embarrass the administration of justice by the High Court or any
other subordinate court may be regarded as misconduct.

In the case of a judge, if a lawyer's behaviour is such that it makes him incapable
of
becoming a member of the honourable legal profession and unable to be entrusted
with the responsible duties that a lawyer is called upon to perform, he would be
guilty of errors.
Thus, two tests were laid down following this case:—
(a) The conduct of the advocate is such that, in order to remain a member of the
honourable profession, he must be treated as unworthy.
(b) The lawyer's conduct is such that it must be deemed unfit to be entrusted with
the
responsible duties which the lawyer is called upon to perform.

These two tests have been interpreted as disjunctive and thus the fulfilment of any
one of the said criteria will be appropriate to regard the behaviour as misconduct.
Professional misconduct vis a vis court contempt
The spectrum of contempt proceedings is far broader than professional
misconduct
proceedings, as professional misconduct proceedings may only be carried out
against the lawyer, while contempt proceedings can be instituted against both bar
and bench members.
There is no fixed procedure for the initiation or penalty of the accused/ guilty in
the case of contempt of court and although proceedings are to be carried out in
the case of professional misconduct in compliance with the Advocates Act 1966,
which lays down a thorough procedure for the same.

In the case of proceedings for contempt of court, the Criminal Procedure Code and
the Indian Evidence Act are not valid because these proceedings are carried out
on the basis of the principles of natural justice- objectivity and fairness,
respectively. Cross-examination in contempt of court proceedings is tolerated in
restricted cases only.

For instance, Mr. R.K. Anand was not permitted to cross-examine Poonam
Aggarwal, who was in charge of the sting operation, in the case of contempt
proceedings against R.K Anand. In comparison, cross-examination is a significant
element of professional misconduct trials. As provided for in the Contempt of
Court Act, the penalty for contempt of court also varies from the penalty for
professional misconduct provided for in the Advocates Act, 1966.

Professional misconduct is defined as improper conduct by an advocate. It can

include:
i Dereliction of duty
ii Professional negligence
iii Misappropriation
iv Changing sides
v Contempt of court
vi Improper behavior before a magistrate
vii Furnishing false information
viii Giving improper advice
ix Misleading the clients in court

LANDMARK JUDGEMENTS
1. State vs. Lalit Mohan Nanda
It is the responsibility of a Lawyer to defend his client's interests by all reasonable
and honourable means, but the opposite occurred in the case of State vs. Lalit
Mohan Nanda. In this case, the point of concern was whether Mr. Nanda was guilty
of professional misconduct for a violation of the laws on the professional conduct
of lawyers under Section 15(a) of the Indian Bar Councils Act, 1926. Advocate Lalit
Mohan Nanda was found guilty of professional misconduct by the Hon’ble Orissa
High Court, as he was found guilty of changing sides, meaning that after appearing
for the first party, he had appeared for the opposite party in the same case. The
responsibility of upholding a client's interest was violated.

2. Shambhu Ram Yadav vs. Hanum Das Khatry

The respondent wrote a letter to his client in the case of Shambhu Ram Yadav vs.
Hanum Das Khatry, and asked him to bribe the judge so that he could help the
client win the case. The respondent was found guilty of bribery under Section 35
of the Advocates Act, for bribing a judge, and he was barred from practise for a
term of two years by the State Bar Council. By order of 31 July 1999, the
respondent challenged the above order before the Disciplinary Committee of the
Bar Council of India. By order of 31 July 1999, the Disciplinary Committee of the
Bar Council of India, consisting of three members, reinforced the penalty and
ordered that the name of the respondent be excluded from the roll of advocates,
thus permanently prohibits him from practice. In addition, the respondent was
transferred to the Honourable Supreme Court of India. "The Honourable Supreme
Court here upheld the decision of the Disciplinary Committee of the Bar Council
of India and declared that" The legal profession is not a trade or business. It is a
noble profession”.

3. Emperor vs. K.C.B.

Some tins of ghee were held in Bazrang Lal Marwari's custody in the case of
Emperor vs. K.C.B, as it was confiscated for adulteration by the Municipal
Authorities, Katwa. Bazrang Lal Marwari was falsely informed by the advocate
that the Sub-Divisional Officer, Katwa, had instructed the owner to hand over the
tins. The Honourable Calcutta High Court ruled here that the lawyer was guilty of
misconduct for supplying
false data.

4. L.C. Goyal vs. Suresh Joshi

If a lawyer receives and misuses money from his clients for court purposes, it is
known as misappropriation, which amounts to professional misconduct. One such
case of misappropriation is L.C Goyal v. Suresh Joshi. In this specific case, the
money earned as a court fee was misappropriated by an attorney (appellant in
this case). The appellant had misappropriated an amount of Rs. 25,491/- for
which he had been found guilty of professional misconduct by the Honourable
Supreme Court.
4. Bar Bench Relations.

The Bar and the Bench are like the two essential wheels of a chariot when it comes
to administering the law. They are interconnected and have their respective roles
in the legal system. In legal terms, the “Bar Bench relations” signifies the friendly
rapport between advocates and judges.

Both the Bar (advocates) and the Bench (judges) play crucial roles in ensuring
justice. Maintaining a harmonious relation between bar and bench requires
mutual respect and understanding from both sides.

Bar and Bench Meaning

In the process of delivering justice, the legal system consists of judges and lawyers
who help the courts fulfil their responsibilities. The “Bar” refers to the lawyers
and the “Bench” refers to the judges. These two parts work together and without
them, the courts cannot effectively provide justice.

Bar – Lawyers become registered advocates after completing their L.L.B. degree
from a university and undergoing specific training supervised by another
advocate, as per the rules. Collectively, these lawyers are known as the ‘Bar,’ and
an advocate represents the Bar. In most cases, the term “Bar” refers to a group of
licensed attorneys who practice in the courts of a state or a specific court.

Bench – The term “bench” refers to all the judges collectively, in contrast to the
term “Bar,” which encompasses all legal professionals. It also refers to the official
part of the court when judges are in session. Originally, the term ‘Bar’ referred to
the section of the court related to attorneys, but now it refers to the part of the
court dealing with judicial officers, known as the Bench.

What is Bar Bench Relations?

Bar Bench relations refer to the dynamic interaction and cooperation between
lawyers (the Bar) and judges (the Bench) within the legal system. This
relationship is fundamental to the administration of justice. Lawyers represent
their clients’ interests in court, while judges make impartial decisions based on
the law. Maintaining a respectful and collaborative partnership between the Bar
and the Bench is crucial for the effective functioning of the legal system.

It ensures that cases are heard fairly, legal principles are upheld and justice is
served. Communication, professionalism and mutual respect are key elements in
fostering a strong Bar Bench relationship, which ultimately benefits the legal
profession and the individuals seeking justice.
 Difference Between Bar and Bench
The difference between Bar and Bench in the legal context is fundamental to the
administration of justice.

While the Bar influences case presentation and argues on behalf of clients, the
Bench holds the ultimate authority to determine case outcomes and uphold the
rule of law.

These differences emphasise their complementary roles within the legal system,
with the Bar advocating for parties and the Bench overseeing the delivery of
justice.

Here’s a table outlining the key differences between Bar and Bench in the legal
context:

Aspect Bar Bench

Definition The collective term for lawyers Refers to the group of judges

Role Advocates who represent clients Judges who preside over cases

Function Present cases, argue and defend Hear cases, make legal decisions

Advocacy Advocate for clients’ interests Impartial decision-making

Legal education and bar

Qualifications Legal education and appointment
admission

Independence Represent clients’ interests Impartially apply the law

Engagement in
Active in litigation and trials Passive, observing arguments
Advocacy

Professional
Governed by legal ethics Governed by judicial conduct
Conduct

Influence on
Influence case presentation Determine case outcomes
Outcomes

Court Appear in court as

Preside over court proceedings
Appearance representatives

Legal Practice Engage in legal practice Administer legal proceedings

Relation to
Advocates for parties’ interests Remains neutral and unbiased
Parties

Decision- Limited to persuasion and

Holds the authority to make decisions
Making Power argument

Legal Authority No decision-making power Decision-making authority

These differences highlight the contrasting roles and responsibilities of the Bar and
the Bench in the legal system, with the Bar advocating for clients and the Bench
ensuring the impartial application of the law and making legal decisions.