Duties of An Advocate

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Duties of
Advocates
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Client
Duties to Client:

i. Be loyal to the interests of the client whose cause you have

championed and in his cause be guided by high moral principles.
Do not let the amount of your fee determine the amount of your
industry.
ii. Neither underestimate nor overrate the value of your advice and
services in your clients behalf.
State of U.P. v. U.P. State Law officers‟ Association
AIR 1994 SC 1654: 1994(2) SCC 204
• The relationship between the lawyer and his client is one of trust and
confidence. The client engages the lawyer for personal reasons and is
at liberty to leave him also, for the same reasons. He is under no
obligation to give reasons for withdrawing his brief from his lawyer.
The lawyer in turn is not an agent of his client but his dignified,
responsible spokesman. He is not bound to tell the court every fact or
urge every proposition of law, which his client wants him to, however
irrelevant they may be. He is essentially an adviser to his client and is
rightly called a counsel in some jurisdictions. Once acquainted with
the facts of the case, it is the lawyer’s discretion to choose the facts
and the points of law which he would advance.
Being a responsible officer of the court and an important adjunct of the
administration of justice, the lawyer also owes a duty to the court as
well as to the opposite side. He has to be fair to ensure that justice is
done. He demeans himself if he acts merely as a mouthpiece of his
client. This relationship between the lawyer and the private client is
equally valid between him and the public bodies.
Duties to Court:

• Advocate is an officer of justice and friend of the Court

• Co-operation between the Bench and the Bar is a necessity
Sir Cecil Walsh in his book called The Advocate says that: ―Nothing is
more calculated to promote the smooth and satisfactorily administration
of justice than complete confidence and sympathy between Bench and
the Bar.

• iii. Be honest with and respectful to the Court.

• iv. Do not depend on bluffs or tricks or pulls to win a case, but depend
on thorough preparation.
Conflict between Duties
• Lord Denning, M.R. in Rondel v. W, (1966) 3 All ER 657
―…..he (counsel) has time and again to choose between his duty to his
client and his duty to the court. This is a conflict often difficult to
resolve; and he should not be under pressure to decide it wrongly.
When a Barrister or an advocate puts his first duty to court, he has
nothing to fear…..it is a mistake to suppose that he is the mouthpiece
of his client to say what he wants…..he must disregard the most specific
instructions of his client, if they conflict with his duty to the court. The
code which requires a Barrister to do all this is not a code of law. It is a
code of honour. If he breaks it, he is offending against the rules of the
profession and is subject to indiscipline.
Duties to Public

v. Give a measure of your best legal service to such public affairs as

may best serve your community. Remember also to protect the
defenseless and oppressed.
vi. Never seek an unjustifiable delay. Neither render any service nor
give any advice involving disloyalty to the law.
d) Duties to Fellow Attorneys

vii. Be friendly with and keep faith with the fellow members if the
Bar; publish their good characteristics rather than their shortcomings.
Especially, be on friendly terms with the young man starting in the
legal profession and if necessary, inconvenience yourself in order to
encourage him.
viii. Do not discuss your cases with the court in the absence of
opposing counsel.
e) Duties to Self

ix. Avoid the „easy-come, easy-go‟ method with your finances. Bank
on no fee until paid.
x. Keep up regular habits of systematic study of law.
 Bar council of India rules
• Under Section 49 (1) (c ) of the Advocate Act, Bar Council of India has
passed rules regarding the Standards of Professional Conduct and Etiquette
to be observed by the Advocates.
• Chapter II of Part VI of Bar council of India rules
• Preamble of the Chapter II states
“An advocate shall, at all times, comport himself in a manner befitting his
status as an officer of the Court, a privileged member of the community, and a
gentleman, bearing in mind that what may be lawful and moral for a person
who is not a member of the Bar, or for a member of the Bar in his non-
professional capacity may still be improper for an advocate.”
• These rules are general guidelines and should not be construed as denial of
the existence of other equally imperative rules, though not specifically
mentioned.
Section 1 - Duty to the Court
1. An advocate shall, during the presentation of his case and while
otherwise acting before a court, conduct himself with dignity and self-
respect. He shall not be servile and whenever there is proper ground
for serious complaint against a judicial officer, it shall be his right and
duty to submit his grievance to proper authorities.
2. An advocate shall maintain towards the courts a respectful attitude,
bearing in mind that the dignity of the judicial office is essential for the
survival of a free community.
3. An advocate shall not influence the decision of a court by any illegal
or improper means. Private communications with a judge relating to a
pending case are forbidden.
4. An advocate shall use his best efforts to restrain and prevent his client from
resorting to sharp or unfair practices or from doing anything in relation to the
court, opposing counsel or parties which the advocates himself ought not to do.
An advocate shall refuse to represent the client who persists in such improper
conduct. He shall not consider himself a mere mouth-piece of the client, and
shall exercise his own judgement in the use of restrained language in
correspondence, avoiding scurrilous attacks in pleadings, and using intemperate
language during arguments in court.
5. An advocate shall appear in court at all times only in the prescribed dress,
and his appearance shall always be presentable.
6. An advocate shall not enter appearance, act, plead or practise in any way
before a court, Tribunal or Authority mentioned in Section 30 of the Act, if the
sole or any member thereof is related to the advocate as father, grandfather,
son, grand-son, 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.
7. An advocate shall not wear bands or gown in public places other than in courts except
on such ceremonial occasions and at such places as the Bar Council of India or the court
may prescribe.
8. An advocate shall not appear in or before any court or tribunal or any other authority
for or against an organisation or an institution, society or corporation, if he is a member of
the Executive Committee of such organisation or institution or society or corporation.
Provided that this rule shall not apply to such a member appearing as “amicus curiae” or
without a fee on behalf of a Bar Council, Incorporated Law Society or a Bar Association.
9. An Advocate should not act or plead in any matter in which he is himself pecuniarily
interested.
Eg: He should not act in a bankruptcy petition when he himself is also a creditor of the
bankrupt.
He should not accept a brief from a company of which he is a Director.
10. An Advocate shall not stand as a surety, or certify the soundness of a surety for his
client required for the purpose of any legal proceedings
Section II Duty to the Client
11. An advocate is bound to accept any brief in the Courts or Tribunals or before any
other authorities in or before which he proposes to practise at a fee consistent with his
standing at the Bar and the nature of the case. Special circumstances may justify his
refusal to accept a particular brief.
12. An advocate shall not ordinarily withdraw from engagements, once accepted, without
sufficient cause and unless reasonable and sufficient notices is given to the client. Upon
his withdrawal from a case, he shall refund such part of the fee as has not been earned.
13. An advocate should not accept a brief or appear in a case in which he has reason to
believe that he will be a witness, and if being engaged in a case, it becomes apparent that
he is a witness on a material question of fact, he should not continue to appear as an
Advocate if he can retire without jeopardising his client’s interests.
14. An advocate shall 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.
15. It shall be the duty of an advocate fearlessly to uphold the interests
of his client by all fair and honourable means 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, bearing in mind that his loyalty is to the law which
requires that no man should be convicted without adequate evidence.
16. An advocate appearing for the prosecution of a criminal trial shall
so conduct the prosecution that it does not lead to conviction of the
innocent. The suppression of material capable of establishment the
innocence of the accused shall be scrupulously avoided.
17. An advocate shall not, directly or indirectly, commit a breach of the
obligations imposed by Section 126 of the Indian Evidence Act.
18. An advocate shall not, at any time, be a party to fomenting of
litigation.
19. An advocate shall not act on the instructions of any person other
than his client or his authorised agent.
20. An advocate shall not stipulate for a fee contingent on the results of
litigation or agree to share the proceeds thereof.
21. An advocate shall not buy or traffic in or stipulate for 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
22. An advocate shall not, directly or indirectly, 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 the execution of
a decree or order in any suit, appeal or other proceeding in which he
was in any way professionally engaged. This prohibition, however, does
not prevent an advocate from bidding for or purchasing for his client
any property which his client may himself legally bid for or purchase,
provided the Advocate is expressly authorised in writing in this behalf.
22A. An advocate shall not directly or indirectly 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 subject matter of
any suit appeal or other proceedings in which he is in any way
professionally engaged* .
23. An advocate shall not adjust fee payable to him by his client against his own
personal liability to the client, which liability does not arise in the course of his
employment as an advocate.
24. An advocate shall not do anything whereby he abuses or takes advantage of the
confidence reposed in him by his client.
25. An advocate should keep accounts of the client’s money entrusted to him, and
the accounts should show the amounts received from the client or on his behalf, the
expenses incurred for him and the debits made on account of fees with respective
dates and all other necessary particulars.
26. Where moneys are received from or on account of a client, the entries in the
accounts should contain a reference as to whether the amounts have been received
for fees or expenses and during the course of the proceeding, no advocates shall,
except with the consent in writing of the client concerned, be at liberty to divert any
portion of the expenses towards fees.
27. Where any amount is received or given to him on behalf of his client, the fact of
such receipt must be intimated to the client, as early as possible
28. After the termination of the proceeding, the advocate shall be at liberty to
appropriate towards the settled fee due to him, any sum remaining unexpended out of
the amount paid or sent to him for expenses or any amount that has come into his
hands in that proceeding.
29. Where the fee has been left unsettled, the advocate shall be entitled to deduct, out
of any moneys of the client remaining in his hands, at the termination of the proceeding
for which he had been engaged, the fee payable under the rules of the Court, in force for
the time being, or by then settled and the balance, if any, shall be refunded to the client.
30. A copy of the client’s account shall be furnished to him on demand provided the
necessary copying charge is paid.
31. An advocate shall not enter into arrangements whereby funds in his hands are
converted into loans.
32. 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 client
33. An advocate who has, at any time, advised 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.
Section III - Duty to Opponent
34. An advocate shall not in any way communicate or negotiate upon
the subject matter of controversy with any party represented by an
advocate except through that advocate.
35. 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
Section IV - Duty to Colleagues
36. An advocate shall not solicit work or advertise, either directly or
indirectly, whether by circulars, advertisements, touts, personal
communications, interviews not warranted by 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. His 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
37. An advocate shall not permit his professional services or his name
to be used in aid of, or to make possible, the unauthorised practice of
law by any law agency.
38. An advocate shall not accept a fee less than the fee taxable under
rules when the client is able to pay the same.
39. An advocate shall not enter appearance in any case in which there
is already a vakalat or memo of appearance filed by an advocate
engaged for a party except with his consent; in case such consent is not
produced he shall apply to the Court stating reasons why the said
consent could not be produced and he shall appear only after obtaining
the permission of the Court.
Section IV-A – other duties
40. Every Advocate borne on the rolls of the State Bar Council shall pay
to the State Bar Council a sum of Rs. 300/- every third year
commencing from 1st August, 2001 along with a statement of
particulars as given in the form set out at the end of these Rules, the
first payment to be made on or before 1st August, 2001 or such
extended time as notified by the Bar Council of India or the concerned
State Bar Council.
41. All the sums so collected by the State Bar Council in accordance
with Rule 40 shall be credited in a separate fund known as “Bar Council
of India Advocates Welfare Fund”.
42. If any advocate fails to pay the aforesaid sum within the prescribed time as
provided under rule 40, the Secretary of the State Bar Council shall issue to him a
notice to show cause within a month why his right to practice be not suspended.
43. An Advocate who has been convicted of an offence mentioned under Section
24A of the Advocates Act or has been declared insolvent or has taken full time
service or part time service or engages in business or any avocation inconsistent
with his practising as an advocate or has incurred any disqualification mentioned
in the Advocates Act or the rules made thereunder, shall send a declaration to
that effect to the respective State Bar Council in which the advocate is enrolled,
within ninety days from the date of such disqualification
44. An appeal shall lie to the Bar Council of India at the instance of an aggrieved
advocate within a period of thirty days from the date of the order passed under
Rules 42 and 43.
44A. (1) There shall be a Bar Council of India Advocates Welfare Committee,
consisting of five members elected from amongst the members of the Council.
Section V-Duty in imparting training
45. It is improper for an advocate to demand or accept fees or any
premium from any person as a consideration for imparting training in
law under the rules prescribed by State Bar Council to enable such
person to qualify for enrolment under the Advocates Act, 1961.
Section VI-Duty to Render Legal Aid
46. Every advocate shall in the practice of the profession of law bear in
mind that any one genuinely in need of a lawyer is entitled to legal
assistance even though he cannot pay for it fully or adequately and that
within the limits of an Advocate’s economic condition, free legal
assistance to the indigent and oppressed is one of the highest
obligations an advocate owes to society.
Section VII-Restriction on other
Employments
47. An advocate shall not personally engage in any business; but he may be a
sleeping partner in a firm doing business provided that in the opinion of the
appropriate State Bar Council, the nature of the business is not inconsistent with the
dignity of the profession.
48. An advocate may be Director or Chairman of the Board of Directors of a Company
with or without any ordinarily sitting fee, provided none of his duties are of an
executive character. An advocate shall not be a Managing Director or a Secretary of
any Company.
49. An advocate shall not be a full-time salaried employee of any person,
government, firm, corporation or concern, so long as he continues to practise, and
shall, on taking up any such employment, intimate the fact to the Bar Council on
whose roll his name appears and shall thereupon cease to practise as an advocate so
long as he continues in such employment.
50. An advocate who has inherited, or succeeded by survivorship to a family
business may continue it, but may not personally participate in the management
thereof. He may continue to hold a share with others in any business which has
decended to him by survivorship or inheritance or by will, provided he does not
personally participate in the management thereof.
51. An advocate may review Parliamentary Bills for a remuneration, edit legal
text books at a salary, do press-vetting for newspapers, coach pupils for legal
examination, set and examine question papers; and subject to the rules against
advertising and full-time employment, engage in broadcasting, journalism,
lecturing and teaching subjects, both legal and non-legal.
52. Nothing in these rules shall prevent an advocate from accepting after
obtaining the consent of the State Bar Council, part-time employment provided
that in the opinion of the State Bar Council, the nature of the employment does
not conflict with his professional work and is not inconsistent with the dignity of
the profession. This rule shall be subject to such directives if any as may be
issued by the Bar Council India from time to time