JAI NARAIN VYAS UNIVERSITY

FACULTY OF LAW
JODHPUR

SESSION – 2021-22

PROJECT REPORT
SUBJECT – PROFFESIONAL ETHICS
TOPIC – DUTIES OF ADVOCATE

SUBMITTED TO - SUBMITTED BY–

Mr. NITYESH SOLLANKI SIR DILIP KUMA JANI
FACULTY OF PROFFESIONAL ETHICS ROLL N 18BAL50015
JNVU JODHPUR
 ACKNOWLEDGMENT
With immense please I, Dilip Kumar Jani student of Jai Narain Vyas
University, Faculty of Law. Presenting Duties of Advocate Towards
court project report as a part of semester examination of B.A.LL.B 7 th
sem. I wish to thank all the people who gave me unending support.

I would like to extend my special gratitude towards Professional

Ethics faculty of JNVU Jodhpur Mr. Nityesh Sollanki Sir to guide
me in completing my project report.

I would also like to thanks all who have directly or indirectly guided
me in completing this project report

Dilip Kumar Jani

18BAL50015
 INDEX
CONTENT
1 INTRODUCTION
2 ADVOCATE’S DUTY TOWARDS THE COURT
3 ADVOCATE’S DUTY TOWARDS THE CLIENT
4 ADVOCATES DUTY TOWARDS THE OPPONENT
5 ADVOCATES DUTY TOWARDS THE PUBLIC
6 CONCLUSION
7 BIBLIOGRAPHY
Introduction
Advocates have the dual responsibility of upholding the interests of the client
fearlessly while conducting themselves as officers of the court. Accordingly, they are
expected to adhere to the highest standards of probity and honour.

An advocate’s conduct should reflect their privileged position in society which derives
from the nobility of this profession.  In a nutshell, if you are an advocate your service
to the common man should be compassionate, moral, and lawful.

The rules mentioned in Chapter II, Part IV of the Bar Council of India Rules on
standards of professional conduct and etiquette shall be adopted as a guide for all
advocates in conducting matters related to law.

These rules have been provided under the section 49(1)(c) of advocates act, 1961

1 ADVOCATE’S DUTY TOWARDS 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.

2 ADVOCATE’S DUTY TOWARDS 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.

3 ADVOCATE’S DUTY TOWARDS 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.

4 ADVOCTE’S DUTY TOWARDS THE PUBLIC

An advocate is a privileged member of the community and a gentleman beside being a
citizen. He has greater responsibility to protect the country and lead the community.
A) Duty towards country -

1) An advocate shall endeavor to make the laws suitable to the well being of the
people .

2)  An Advocate shall guard the liberty and freedom of the people.

3) An Advocate should protect the fundamental and human rights and respect the
constitution of the nation.

4) An advocate should strive for social legislation's to accelerate the advent of

socialistic pattern of society in India by dedicating to the public service .

4)An advocate shall uphold the integrity and Unity of the nation .

5) An advocate shall educate the people to respect the law and respect for the courts
and the judges .
B) Duty towards community -

1)An advocate shall establish  Legal Aid Societies  for the purpose of rendering legal
assistance to really poor and deserving persons free of any charge .

2) An advocate shall help the people local bodies such as panchayats in villages to
function on sound lines, so that the people may discharge their functions in an
enlightened and responsible manner.

Conclusion

Professional ethics can also be stated as the duties that have to be followed by an
advocate during his profession. These are moral duties and the very basic courtesy
which every person in this field should know. An advocate who does not work with
sincerity and does not follow the rules of conduct is said to have violated the code of
ethics of this profession. The fundamental aim of legal ethics is to maintain honor and
dignity of the legal profession to ensure the spirit of friendly co-operation, honorable
and fair dealing of the counsel with his clients as well as to secure the responsibilities
of the lawyers towards the society.

 
 BIBLIOGRAPHY

1 A Text Book on Professional Ethics and Human Values – R.S. Naagarazan

2 Advocates Act, 1961 – Bar Council of India
3 Bandhua Mukti Morcha v. UnionofIndia,(1984)3SCC161.
4 Vishakha v. State of Rajasthan AIR 1997 SC 3011