LEGAL ETHICS AND

COURT CRAFT

PSDA (A)

By-
Tanima Sood
13717703515
IX-M
Que-What are the ethical duties of an advocate during the course of his
practice?

Professional ethics encompasses an ethical code governing the conduct of persons engaged in the practice
of law as well as persons engaged in the legal sector. All members of the legal profession have a paramount
duty to the court and towards the administration of justice. This duty prevail over all other duties,
especially in the circumstances where there may be a conflict of duties. It is important that legal
practitioners conduct themselves with integrity, provide proper assistance to the court, and promote public
confidence in the legal system. In carrying out their duties, they are required and expected to deal with
other members of the legal profession with courtesy and integrity. Advocates, apart from being
professionals, are also officers of the court and play a vital role in the administration of justice.

Accordingly, the set of rules that govern their professional conduct arise out of the duties that they owe to
the court, the client, their opponents and other advocates. Rules on the professional standards that an
advocate needs to maintain are mentioned in Chapter II, Part VI of the Bar Council of India Rules. These
Rules have been provided under section 49(1)(c) of the Advocates Act, 1961.

RULES ON AN 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
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 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 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 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 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.

RULES ON AN 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 practise. He should levy fees which is 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 jeopardising his client’s interests.

4. Full and frank disclosure to 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 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 it does not lead to 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 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 takes 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 the 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 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.

RULES ON ADVOCATE’S DUTY TO 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.

RULES ON AN 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 unauthorized practice of law

An advocate shall not permit his professional services or his name to be used for promoting or starting any
unauthorised practice of law.

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

5. Consent of fellow advocate to appear

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

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