PROFESSIONAL

ETHICS AND
PROFESSIONAL
ACCOUNTING
SYSTEM
(CLINICAL)

Notes- Module 1
Module 1:
The Legal Profession:
1.1 Brief history of the legal profession in India.
1.2 Privileges and Rights of the legal profession-
distinction from other professions.
1.3 Conduct in court- Professional conduct in general -
privileges of a lawyer.
1.4 Advocacy: Judge Edward Abbott Parry, The seven
lamps of advocacy (1923)
Meaning of Professional Ethics:
• Professional Ethics refers to a collection of
guidelines that an aspiring lawyer must adhere to.
• These guidelines govern the behavior and actions
of practicing lawyers, encompassing their
interactions with themselves, clients, opposing
parties, and the court.
• Ethics generally pertains to the moral principles
that should serve as standards for a lawyer’s
conduct.
• Professional Ethics serves as a foundation for any
profession, embodying the fundamental values
upon which the legal profession is constructed.

The Role of Professional Ethics in Law:

Professional ethics play a crucial role in the legal
profession in India, serving as the bedrock for
upholding the rule of law and justice. Below-
mentioned are the role of Professional Ethics in law:
1.Upholding the rule of law and justice:
Professional ethics ensure that lawyers and advocates
adhere to legal principles and procedures, thereby
preserving the justice system’s integrity. Legal
professionals contribute to a just and orderly society by
upholding the rule of law.
 2.Maintaining public trust and confidence:
Professional ethics are essential for maintaining public
trust in the legal profession. When lawyers and
advocates conduct themselves ethically, the public’s
confidence in the legal system is reinforced. This trust
is vital for the effective functioning of the legal system
in India.
3.Ensuring fairness and impartiality:
Professional ethics require legal professionals to
provide fair and impartial representation to their
clients. By upholding ethical standards, lawyers ensure
that justice is not only served but also perceived as fair
and unbiased.
4.Fostering integrity and accountability:
Professional ethics promote integrity and
accountability within the legal profession. Lawyers are
expected to act honestly, ethically, and with the utmost
integrity in all their professional dealings. Adherence
to ethical standards fosters a sense of responsibility and
accountability, enhancing the legal profession’s
reputation.
1.1 Brief history of the legal profession in India:

What is the legal Profession?

• The profession of law is one of the oldest and
noblest professions.
• The person in the legal profession is called an
advocate or lawyer.
• An advocate is an officer of justice and a friend of
the court.
• The central function that the legal profession must
perform is nothing less than the administration of
justice.
• An advocate assists the parties in drafting
economic transactions like contracts, agreements,
deeds, wills, etc.
• An advocate should provide free legal aid to the
poor and deserving people on compassionate
grounds.

Development of Legal Profession in India:

Development of the legal profession In India can be
divided into the following phases:
1. Legal profession in Ancient India
2. Legal Profession in Medieval India
3. Legal profession in British India
4. Legal profession in India after Independence.
1. Legal Profession in Ancient India:
• In India during the earlier period, people lived in
small groups.
• The heads of these groups or tribes delivered
justice under the open sky before all the members.
• There was no specialist like a lawyer during those
days.
• When kingship was established, the king delivered
justice. King was advised by his counselors.
• The law of those days was rooted in Hindu
religion and custom.
• During those days, the sufferer presented
complaints before the king and the king with the
help of his religious heads and wise courtiers
delivered the judgment.

2. Legal Profession in Medieval India:

• During the Muslim period, there was the existence
of the Legal profession, as the party of the litigation
appointed their vakils.
• This body decides the case and they were paid a
percentage of the amount in the suit.
• However, in this period the legal profession was
not so organized.
 • Vakils performed their work as an agent for the
principal but not as lawyers.

3. Legal Profession in British India:

During the British period, the model legal system was
developed in India.
Before 1726, the courts derived their power, not from
the British Crown but the East India Company.

Charter of 1726:
• The year 1726 marked the beginning of a new
phase in the evolution of judicial institutions in
India.
• The mayor's courts were established in the
presiding towns of Bombay, Calcutta, and Madras,
they were the royal courts.
• The courts heard all civil suits, and action pleas
between parties, they followed the procedure based
on English law.
• But there were no facilities to get the legal training.
Many persons who do not know the law were used
to practice before the said courts.
• The Mayor's court has no jurisdiction in criminal
cases. The criminal jurisdiction was conferred on
the governor.
Charter of 1753:
It was issued to modify the charter of 1726. This
charter also ignored significant provisions for legal
training and education relating to legal practitioners
and as such, after this charter, the legal profession was
not organized.

Charter of 1774:
• The British crown issued a charter in 1774 by
which the Supreme Court of Judicature was
established at Calcutta.
• Clause 2 of the Charter empowered the said
Supreme Court to approve and enroll advocates
and Attorney-at-law.
• The Supreme Court had the power to remove any
advocate or Attorney on reasonable cause.
• Even the Charter of 1774 didn't provide for the
appearance of the Indian Legal Practitioners to
appear and to plead before the Supreme Court.

The Bengal Regulation Act of 1773:

• This act for the first time provided for a regular
legal profession for the company's court.
• Under this regulation, only Hindus and Muslims
were entitled to be enrolled as pleaders.
• Later, the Bengal Regulation Act of 1833 provided
that people of any nationality or religion was
entitled to be enrolled as a pleader.

Indian High Courts Act, 1861:

• Under this act, The British Crown issued the

Charter to establish one High Court in each
presidency town by using Bengal, Agra, and Assam
Civil Courts Act.
• The civil Courts were organized in Bengal, Assam,
and north-western provinces.
• The Criminal Procedure Code of 1898 held
properly organizing the criminal courts.

Legal Practitioners Act, 1879:

• The act was enacted to amend the laws relating
to legal practitioners.
• It is provided that an advocate or Vakil who is on
the roll of any High Court, or pleader of the Chief
Court of Punjab, can practice in all the courts
which are subordinate to the courts on the roll of
which he has entered.
• In Bombay law graduate from Bombay
University was eligible to be enrolled as an
advocate.
• The high court may also, after inquiry, if things
fit, suspend or dismiss any pleader holding a
certificate-
- The one who is guilty of fraud or misconduct.
- The one who accepts a bribe or offers a bribe.
- For any other reasonable cause.

Indian Bar Committee, 1923:

• A committee called the Indian Bar Committee
was constituted in 1923 under the chairmanship
of Sir Edward.
• To consider the issue for the organization of bar
on an All-India basis.
• To establish an All-India Bar Council for the
high court.
• But the committee did not favour the
establishment of an All-India Bar Council.
• It was of the view that the Bar Council should
be constituted for each high court.
• Vakil and advocates should be allowed to
appear in the high courts.
• It should have the power to take disciplinary
action against a lawyer.
• The high court should be given the power to
punish the guilty.
 Indian Bar Council Act, 1926:
• To give effect to some of the recommendations
of the Indian Bar Committee in 1923 the Indian
Bar Council Act was enacted in 1926.
• The main purpose of the act was to provide for
the constitution and incorporation of the Bar
Council for certain courts.
• To confirm powers and impose duties on such
councils.
• To amend the laws relating to legal
practitioners of such courts.
• A provision was made in the act for the
establishment of a bar council for every high
court.

4. Legal Profession in India After Independence:

All-India Bar Committee, 1951:

• The All India Bar Committee was constituted under

the chairmanship of Justice S.R. Das.
• The committee in its report recommended the
establishment of an All-India Bar Council and State
Bar Council.
• It recommended the powers of enrolment,
suspension, or the removal of advocates to the Bar
Council.
 • Further recommended that there should be no
further recruitment of non-graduated pleaders or
Mukhtars.

Advocates Act, 1961:

• The central government enacted the Advocates Act

in 1961. This act has been in force in entire India.
• It brought revolutionary changes in the legal
profession in India.
• It sets out to achieve the utility and dignity of the
profession of law on an All-India basis.
• The preamble of the act says that the act amends as
well as consolidates the law relating to legal
practitioners.
1.2 Privileges and Rights of the legal profession-
distinction from other professions:

Factors due to which the legal profession stands

apart from other professions are as follows:

1. Educational and Licensing Requirements:

Lawyers typically need a law degree and must pass the
bar exam to practice law, while various other
professions have their specific educational and
licensing prerequisites.

2. Specialization: Legal professionals often specialize

in specific legal fields, such as criminal law, family
law, or corporate law, whereas many other professions
may have a broader range of expertise.

3. Ethical Standards: Lawyers adhere to stringent

ethical codes and maintain attorney-client privilege,
which can differ significantly from the ethical
standards in other professions.
4. Billing Practices: Legal professionals often charge
clients based on billable hours, while other
professionals may employ different billing methods for
their services or products.

5. Role of Advocacy: Lawyers frequently serve as

advocates on behalf of their clients, whereas other
professions may primarily focus on providing
products, services, or advice.

6. Adversarial System: The legal profession operates

within an adversarial system, where opposing parties
present their cases in court, a feature not present in
many other professions.

7. Legal Liability: Legal professionals may encounter

unique legal liability and malpractice risks, distinct
from those in other professions.

8. Regulatory Framework: The legal profession is

subject to comprehensive regulation by bar
associations and legal authorities, a level of oversight
that may not be present in the same manner in other
professions.

9. Ethical Obligations: Lawyers bear distinct ethical

responsibilities, such as safeguarding client
confidentiality and advocating fervently for their
clients. These ethical standards are typically more
stringent compared to other professions.

10. Societal Role: Lawyers hold a unique societal role

in upholding the law and safeguarding client rights.
They also influence the law's development through
their advocacy and contributions to government and
other institutions.
1.3 Conduct in court- Professional conduct in
general - privileges of a lawyer

Rules on Advocates: Duty towards Court

The Bar Council of India prescribes certain duties that
an advocate must fulfil.
1.Act in a dignified manner: any advocate before
the court (while presenting his case) is required to
have self-respect and conduct himself with
dignity.
2. An advocate must maintain a respectful
attitude while at court and shall respect the
dignity of the judicial office: An advocate must
maintain a respectful attitude while he is at the
court or he is practicing in the court and he should
respect the dignity of the judicial officer or judge
and should not comment anything against him or
her.
3.Not to communicate in private:
• It was observed that an advocate shall not try to
seek favourable decisions by any illegal means
including bribing the court or communicating any
favour in private.
• Thus, this rule prohibits any private
communication with the judge which would be
specifically regarding a pending case.
• It is considered a gross form of professional
misconduct if an advocate tries to influence the
decision of the court by having private
communication with the judge.

4.Refuse to act in an illegal manner towards the

opposition:
• An advocate is also required to prevent his
client from resorting to unfair practices relating
to the court, opposing counsel, opposite parties
or even co-parties.
• The advocate must earnestly restrain and
explain the implications and the consequences
of such unfair practices.
• This rule also empowers an advocate to refuse
to represent a client if he/she insists on such
improper conduct.
5. An advocate shall have his own sense of
judgement and must not use strong language
in the court of law:
• This is another important Rule laid down that
the advocate is expected to have his own
 sense of judgment regarding the cause or the
case he/she is representing.
• It was observed that an advocate is not a mere
mouthpiece of the client. Legal counsel must
exercise his/her own judgement.
• An advocate must also restrain oneself from
the use of bad remarks while in pleadings.
They shall use proper and formal language
during pleadings in court.
6. Appear in proper dress code:
• Legal profession is one of the few professions
that have a designated uniform.
• The court demands that an advocate must
necessarily show up inappropriate dress code.
• There have been instances in court where
cases have either been postponed or
dismissed for that matter due to the lack of
proper dress code that should have been
followed by the representing legal counsel.
• Thus, if an advocate is improperly or
inadequately dressed, he is not only looked
down upon but also his appearance is a breach
of the prescribed dress code.
7. Refuse to appear in front of relations:
• This rule is laid down in Section 30 of the
Advocates Act, 1961.
• This rule was laid down in order to avoid
conflict of interest and bias in judgment.
• If there is a family tie existing between the
presiding judicial officer and an advocate,
then the advocate shall not appear in such
cases and shall request for a change in bench.
8.Not to wear bands or gowns in public places:
The advocate cannot utilize his/her gown or band
in other public places unless on any ceremonial
occasions that the Bar Council of India and the
court may prescribe.

9.Not to represent establishments of which he is

a member: The rule simply provides that an
advocate is not allowed to represent, defend, or
even stand against an organization, institution,
society, corporation, etc. if he is a part of the
executive committee of such institutions.
However, an advocate can appear as an ‘amicus curiae’
on behalf of a Bar Council.
10. Not appear in matters of pecuniary interest:
An advocate shall not act or plead in any matter in
which he himself has some pecuniary interest.

11. Not stand as surety for the client: sometimes

parties at court or litigants are required to give
surety to the court. An advocate shall not stand as a
surety for his client in any legal proceedings.

Rules on Advocates’ Duty towards Client:

Just as an advocate owes a duty to the court, he/she is
also obligated to follow Rule 11 to Rule 33 of the Bar
Council of India, which prescribes an advocate’s duties
towards his client. They are as follows:
1. Bound to accept briefs:
• Rule 11 lays down that an advocate is bound to
accept any brief in the court that is if he proposes
to take it up without any fee at the Bar Council.
• If an advocate doesn’t attend a case day to day,
he/she would be liable for breach of professional
duty. This observation was based on the fact that a
 lot of advocates don’t appear at the court and then
his client has to bear the brunt of it.

2. Not to withdraw from service:

• Rule 12 provides that an advocate shall give the
client reasonable and sufficient notice before
withdrawing from an engagement.
• He shall not withdraw without any reasonable
grounds.
• If he withdraws himself with sufficient cause he
is bound to refund the fee (even a part of it if
not earned).
3. Not to appear in matters where he himself is a
witness:
• Rule 13 provides this rule as it can give rise
to a conflict of interest.
• It must be noted that if an advocate is a
witness of a party and is asked to represent the
other side then only such an advocate shall
refrain from taking up such matters.

4. Full and frank disclosure to the client:

• Rule 14 provides that an advocate is expected to
be honest with his client before the
commencement of his engagement.
• He is obligated to reveal whether he has any
connection with the other side of parties and any
interest in their case.
• Otherwise, this creates controversies and also
affects his client’s judgment to carry forward
such an engagement.
5.Uphold interest of the client:
• Rule 15 provides that an advocate owes his
loyalty to his client and must uphold the interest
of his client fearlessly and honestly by all fair
means.
• He shall not give regard to unpleasant
consequences that he may bear.
6. Not to suppress material or evidence:
• Suppressing material evidence is absolutely
disregarded in the court of law. This rule is
provided under Rule 16.
• It basically provides that if a prosecutor in a
criminal trial tries to suppress material evidence
that may lead to the innocence of the accused or
taint the justice of the victim it shall be
considered a gross breach of professional
conduct and can also invite legal trouble for
themselves.
 • Thus, such an act or omission shall be
scrupulously avoided.

7. Not to disclose the communications between the

client and himself:
• Rule 17 is also one of the most important
obligations followed by an advocate.
• A non-disclosure agreement is always signed
between the client and the advocate.
• Since there exists a fiduciary relationship
between the client and the advocate, breach of
confidentiality is taken seriously even at the
court of law.
• This rule is also incorporated in Section 126 of
the Indian Evidence Act, 1872.
8. Not charge depending on the success of
matters:
• Rule 20 provides that an advocate shall not
charge depending upon the success of the
lawsuit.
• Such a practice is opposed to public policy.
Any such contract for a contingent nature of
fee is against Section 23 of the Indian
Contract Act.
9. An advocate must not lend money to his
client:
• Rule 32 provides that when an advocate lends
money to his client then interest is created.
• Such a creation of interest if not allowed as it
affects the advocate’s sense of judgment and
also disallows the client to think upon before
commencing with engagement.
10. Not appear for opposite parties:
Rule 33 provides that an advocate shall not
represent the opposite party after withdrawing
from the case on behalf of the previous party.
Rights and Privileges of a Lawyer:
1. Right to practice:
• It is an exclusive right that is given to the advocate
who is enrolled in the Bar Council of India.
• It allows them to practice in any court all over
India.
• As per article 19(1)(g) of the Indian Constitution,
“all citizens have the right to practice any
profession, or to carry on any occupation, trade or
business”.
• Therefore, an advocate has the full right to practice
in any court.

2. Right to enter any court and observe the

proceedings:
• It is the right of an advocate to enter any court room
either of the Supreme Court High Court or any
other court to observe any live proceedings under
section 30 of the Advocates Act.
• But not the one which is private or confidential
proceedings.
3. Right to freedom of speech and expression:
• Article 19(1)(a) of the Indian Constitution enables
every citizen the right to freedom of speech and
expression.
• Advocates also have this right even in the Court of
law.
• While arguing in the court an advocate cannot be
stopped or prohibited from presenting his point of
view and from defending his client.
• Unless he or she violates the rules and obligations
of the Court of law.

4. Right to meet with the accused:

• It is the right of an advocate to meet with the
accused even if he or she is in prison.
• These meetings shall help the advocate to gain
sufficient information related to the facts and
evidences that will further help in defending his
client in court.
• Despite the fact that the time for meeting is
limited and it requires permission, advocates
have the right to meet clients every day in
prison.
5. Right to take the fees:
• Every advocate has the right to take the fees from
the client if they have given any kind of
service/(s) to them.
• It is mentioned in Rule 11 of Chapter 2 of Part VI
of the Bar Council of India Rules that an advocate
has the ability to take fees from his clients.

6. Right against arrest:

• An advocate is known as the judicial officer of
the court. Section 135 of the civil procedure
code exempts the advocates from rest under
civil case while he is:
• Going to the court
• Presiding his case in the court
• Returning from the court
These are the circumstances in which the police
cannot arrest an advocate in a civil matter.

• Section 11 of the Advocates Protection Bill

provides for the “protection from illegal arrest and
malicious prosecution of advocates”, which states
that no police officer should arrest an advocate or
investigate a case against an advocate without the
specific order of a Chief Judicial Magistrate.
7. Right to refuse for a case:
This right allows the advocates to refuse to take a
case that they feel deals with illegal things.

8. Right to secure the privacy of communication:

• This right is provided to an advocate under section
129 of the Indian Evidence Act of 1872.
• It states that an advocate has the right to protect or
secure the privacy of communication with this
client.
• No one else can threaten an advocate to disclose
this secret information
• The advocate himself is not liable to share
information with anybody else regarding the
conversation between him and his client.
Privileges of a Lawyer:

1. Privilege against self-incrimination:

• A lawyer and advocate cannot be compelled to
testify against their client.
• Nor they can be compelled to reveal any kind of
confidential information related to their client.

2. Privilege of police protection:

Any advocate who is under threat of being a victim
of an act of violence shall be entitled to police
protection for a duration which the court deems fit,
upon making an application before the high court
of the state within which he is registered to practice
law.

3. Vakalatnama in favour of an advocate:

o When the client signs vakalatnama in the
favour of an advocate, such an advocate gets
the exclusive privilege of representing his
client in the matter.
o No other advocate can appear in the case
without his consent for the reason of express
prohibition.
 4. No liability for negligence:
No action can be taken against an advocate if he
does any kind of negligence.

5. Review parliamentary bills for remuneration:

Advocates have the privilege to review
parliamentary bills and suggest amendments as
well.

6. Pre -Audience:
• Section 23 of the Advocate Act 1961 deals with
the pre-audience rule. This rule can be seen as a
privilege to an advocate. It is the right to be heard
before another is heard.
• In simple words, the law provides the right to
advocate who is upper in the hierarchy system.
• The advocate hierarchy system in India is as
follow:
❖ Attorney General
❖ Solicitor General
❖ Additional Solicitor General
❖ Second additional solicitor General
❖ Advocate general of the state
❖ Senior advocates
❖ Other advocates

This is the advocate hierarchy in India.

❖ As per the right to pre-audience, the Attorney
General will be the first advocate who can
represent his case in the court of law before another
advocate.
❖ For example, an attorney general is
representing his client in a case where a fresh
advocate is representing the opposing party in the
case. In this situation, the Attorney General will be
heard first.
❖ This rule also gives a wider sense that an
advocate has the right to represent his client before
the court of law and he has the right to speak before
an audience present in the courtroom.

Is advocate sticker a privilege?

• In India, Advocates tend to stick advocate
stickers on their cars to evade police actions in
law.
• There are no provisions to grant privilege to
advocates for the use of such stickers.
• In December 2020, the Madras High Court held
that the misuse of advocate stickers should
stop.
1.4 Advocacy: Judge Edward Abbott Parry, The
seven lamps of advocacy (1923)

Judge Edward Abbott Perry gave the concept of 7

lamps of advocacy after that the 8th one was added by
Justice V. Krishnaswamy Iyer in his book
“Professional Conduct and Advocacy”.
The seven lamps of advocacy are the best and essential
qualities that must be followed by an advocate to
succeed in his legal profession while practicing in
court.
7 lamps of advocacy are as follows:
1.Honesty
2.Courage
3.Industry
4.Wit
5.Eloquence
6.Judgement
7.Fellowship

8.Tact - Justice V. Krishnaswamy Aiyar

 1.Honesty:
Honesty is the best policy. Honesty should be reflected
in the thoughts, words, and behaviour of an
advocate. An advocate is expected to be honest while
dealing with the case making arguments and producing
oral and documentary evidence in the court of law.
An Advocate should be:
Honest while practicing Advocacy:
- Honesty is a fundamental principle in the legal
profession, where every interaction should be governed
by integrity.
- Honesty should be evident in an advocate's thoughts,
words, and actions, as it significantly impacts their
personal and professional reputation within society.
- An advocate's reputation is built on honesty, which
influences their fame and the trust of clients and the
legal community.

Honest towards Clients:

- Advocates have a duty to be honest with their clients
throughout the legal process.
- They must consistently inform their clients about the
status of their cases.
- Advocates should honestly communicate the strengths
and weaknesses of the case and any potential
consequences that could lead to a loss for the client.
- In situations where an advocate foresees a likely loss
in court, they should candidly discuss this with the
client.

Honest towards the Opposition:

- Advocates should also maintain honesty when dealing
with opposing parties.
- It is essential not to present false or misleading
information to steer the case in an unfavourable
direction.
- The primary purpose of advocacy is to seek justice,
and deceitful tactics have no place in achieving this
goal.

Honest in adhering to the Law:

- Advocates should remember that individuals come to
court seeking justice, not to evaluate the advocate's
skills.
- Honesty with the law entails presenting truthful facts
to the judge without any falsifications or
misrepresentations.
- Truthfulness in the courtroom is the cornerstone of
honesty in advocacy.

2.Courage:
Courage in Advocacy:
- Courage is a pivotal aspect among the seven lamps
of advocacy.
- It signifies the advocate's capacity to stand
confidently before the court without fear.
- Advocates should exude pride and self-assurance
while presenting their case, aiming to convince the
judge that their arguments are based on genuine and
truthful information.

Challenges Faced by Lawyers:

- Legal professionals encounter numerous challenges
in both civil and criminal litigation.
- To address these challenges effectively, lawyers
must possess the courage to confront them fearlessly.
- Their readiness to confront legal complexities and
societal issues is integral to their role.
 Courage as a tool for Advocacy:
- Advocates can harness courage as a powerful tool
in their practice, but this necessitates a profound
understanding of the law.
- Not every legal case is straightforward, and
advocates may need to handle complex matters like
murder trials, cases involving sexual assault,
abatement, child labour, and more.
- Courage empowers advocates to accept a diverse
range of cases, regardless of their complexity.

3. Industry :
Industry in Advocacy:
- Understanding the law is crucial; ignorance of the law
as an excuse is not acceptable.
- Advocates should have a solid grasp of the specific
legal aspects relevant to their cases.
- Recognizing that the law is vast and intricate, no one
can be a complete master of all legal domains.
- Nevertheless, advocates must possess adequate
knowledge about the specific area of law pertinent to
their cases.
Components of Legal Competence:
- Legal competence involves knowledge, attitude, and
skills.
- Advocates need to dedicate time and effort to acquire
a deep understanding of the law in their respective
practice areas.
- Winning cases is contingent on advocates having
comprehensive knowledge of the applicable laws and
their relevance to the case at hand.

Adapting to changing Laws:

- Laws are not static; they evolve to address society's
changing needs and emerging challenges.
- Advocates must stay updated with these evolving legal
frameworks to effectively serve their clients.
- Failure to adapt to new laws can pose difficulties, even
for experienced lawyers.
- The key to success in the legal profession lies in
dedication and hard work.
4.Wit:

Wit and Humour in Advocacy:

- Lawyers in the legal profession should possess
wit and a sense of humour.
- Humour plays a significant role in maintaining
composure and remaining active during legal
proceedings.
- Advocates without a sense of humour may
approach cases with anger, which is detrimental to
the pursuit of justice.

The Role of Wit:

- Wit is an essential element in the realm of

advocacy, serving as a guiding light.
- It aids advocates in maintaining focus on their
work and reducing the workload, allowing for a
more relaxed approach.
- Wit relieves the mental strain on advocates,
enabling them to think creatively beyond their
usual limits.
 Challenges of Legal Proceedings:

- A well-prepared speech by an advocate isn't

always sufficient in court.
- Advocates must respond to judges' questions,
which assess their wit and presence of mind.
- Judges' questions serve as a test of advocates'
intelligence and their knowledge of the case.
- Advocates may encounter situations where they
forget to present something in court or struggle to
answer questions, and it is their wit that helps
bridge those gaps.

5. Eloquence:

Eloquence in Advocacy:
- Eloquence symbolizes the skill of effective verbal
expression.
- Advocates present their arguments to the judge,
but eloquence goes beyond and leaves a lasting
impact on the judge, clients, and courtroom
attendees.

Essence of Eloquence:
 - Eloquence is an oral art employed by advocates,
characterized by fluent and adept communication.
- Its purpose is to deeply resonate with the judge's
sensibilities.

Leveraging Eloquence:
- Advocates with a strong understanding of
advocacy can harness eloquence to deliver
persuasive and articulate speeches.

Here are some important points related to eloquence,

which are as follows:
• 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.

6. Judgement:
Judgement in Advocacy:
- The lamp of judgement signifies a thorough
examination of the current case to formulate an
informed opinion.
- Advocates should adopt a dual perspective,
considering both sides of the case, to comprehend its
implications fully.
- This approach enables advocates to discern the
case's strengths and weaknesses, anticipate potential
issues, and address them effectively using their other
advocacy skills.

Anticipating Consequences:
- A skilled advocate should be able to foresee the
repercussions of representing a witness in court.
- They must prepare for the questions that judges and
opposing parties may pose after the witness's
testimony.
- Being ready to counter these arguments and
questions from both the opposing party and judges is
essential for effective advocacy.

7. Fellowship:
Fellowship means a feeling of friendship between
people who share a common interest.
Fellowship in Advocacy:
- Fellowship is a crucial aspect among the lamps of
advocacy.
- Advocates must nurture a sense of fellowship with
their colleagues.
- Despite advocating on opposite sides of a case,
advocates are not adversaries but are both striving for
justice.
- After completing arguments in court, it's important
for advocates to respect their opposing counsel,
maintaining professionalism.

Maintaining Professionalism:
- Advocates should refrain from engaging in conflicts
with every opposing lawyer, as it goes against
professional ethics.
- A case should not disrupt friendly relationships with
other advocates.
- Advocates can refer to their opposing counsel as
"learned friend" or "learned counsel," reflecting
respect and professionalism.

Respecting Judges:
- Advocates should extend the lamp of fellowship to
judges as well.
 - Respect is integral in the legal profession, even
when a judge's decision is unfavourable.
- Advocates should address judges as "Learned
Judge" or "Your Honour" to demonstrate respect and
build collegial relationships.

The 8th Lamp of Advocacy (TACT):

- TACT, introduced as the 8th lamp of advocacy by
Indian lawyer and former Madras High Court Judge V.
Krishnaswamy Iyer in his book "Professional Conduct
and Advocacy."

Managing Challenging Courtroom Situations:

- Courtrooms can become chaotic during intense
arguments, necessitating the application of TACT.
- Advocates should possess the skill to handle such
situations adeptly.

Components of TACT:
- TACT involves skillfully managing both people and
situations without causing offense and without
offending anyone.
- Advocates should be capable of smoothly navigating
interactions with their clients, opposing parties, and
opposing counsel.

Importance of TACT:
- Many individuals, despite their legal aptitude, have
faced failure due to a lack of tact.
- Advocates should refrain from engaging in disputes
with the court or losing their temper over trivial
matters, both in and out of the courtroom.
- Maintaining professionalism and diplomacy is
essential for advocates.