Practical 2

What do u understand as professional ethics for an advocate?
Discuss the duty of an advocate

towards the court?
Fundamental prerequisite of any profession is good ethics. Ethics denotes to human behaviour to
make decisions between what is correct and what is wrong. Professional ethics are those set code or
moral principles that govern a person's conduct in a professional workplace or work life. In the legal
profession, a lawyer must obey to professional codes for fair dealing with the client and uphold the
self-possession. The Indian government has established a statutory body known as The Bar council
of India under the Advocate Act,1961.
Professional ethics is nothing but the duties which are to be followed by the advocate. An advocate
who violates these duties is considered as he has violated the principles of professional ethics. The
core subject of legal ethics is to maintain honour, dignity of the law profession and to create a
friendly atmosphere in the court without any biasness and quarrels between advocates which
eventually spoils the bar and bench relations and ultimately affects the administrative system of
justice.
Cooperation and fair dealing is necessary for the advocates. Advocacy is a noble profession. It cannot
be compared with any other profession like trade, business etc. because it is a part and parcel of
judiciary and administration of justice. Bar and bench are two eyes of the Justice. There are judicial
ethics and etiquette for judges.
There are professional ethics and etiquette for advocates. Every advocate should follow them in his
profession. An advocate is also a key person in conducting a proceeding before the court. While
conducting a proceeding the advocate should function intelligently. Every advocate must follow
these duties because they are part and parcel of the professional ethics and etiquette. Whoever fails
to oblige them, such an advocate is said to have committed professional misconduct and be
punished accordingly
Advocate's Duty to the Court:
An advocate is considered as an officer of the court, honoured member of the community, and a
gentleman, thinking that to become a member of the bar he has to be lawful and moral not only in
his professional capacity but also in his non-professional capacity. An advocate has to courageously
support the interest of his client and also have to follow the principles of ethics and etiquette both in
correspondence.
The bar council of India rules, State Bar Council rules mention certain canons of conduct and
etiquette as general guides. Section 49(1)(c) of the Advocates Act, 1961 empowers the bar council of
India to make rules in order to determine the standards of professional conduct and etiquette to be
observed by the advocates. Chapter II of Part VI of the Bar Council of India Rules explaining the rules
pertaining to Advocate's Duty to the Court.
Following are the duties of advocate towards to court:
1) An advocate while presenting his case should conduct himself with dignity and self-respect
2) Respectful attitude must be maintained by the advocate. He has to keep in mind the dignity
of the judge.
3) An advocate should not, by any improper means should influence the decision given by the
court.
4) An advocate can make a complaint against the judicial officer but it has to be before proper
authorities and there has to be serious offence done by the judicial officer.
5) It is the duty of the advocate to prevent his client from resorting to unfair practices and also
the advocate himself should not do any of such acts.
6) Dress code has to be maintained by the advocate while appearing before the court.
7) An advocate should not take up any case of his family members and relatives.
8) No bands or gowns had to be worn by the advocate in the public places. It is only limited to
the court premises.
9) An advocate cannot be as a surety for his client. An advocate shall not act or plead in any
matter in which he has some kind of pecuniary interest.
10) It is the duty of the advocate to cooperate with the bench in the court.
11) It is the duty of the advocate to perform his functions in such a manner that due to his acts
the honour, dignity and integrity of the courts shall not be affected.
12) An advocate should not laugh or speak loudly in the court room especially when the
proceedings are going on.
13) When an advocate accepts a brief, he should attend all adjournments properly. If he has any
other work in another court, he should first obtain the permission from the court concerned.
Particularly in criminal cases, it is the first and foremost duty of an advocate to attend.
14) While the case is going on, the advocate cannot leave the court without court's permission
and without putting another man in charge, preferably his colleague or junior or friend
advocate.
 The Bar Council can review the order given by the disciplinary committee under Section 44
of the Advocate's Act, 1961. V.C. Rangadurai v/s D. Gopalan, In this case V. C. Rangadurai
was an advocate and Devasenapathy was an old deaf man, aged 70 years and Smt. D.
Kamalammal was also aged.
 UP Sales Tax Service Association vs Taxation Bar Association, In this case, an advocate was
carrying a revolver along with him to the court. So, it was held by the Supreme Court that if
an advocate attends the court with fire arms then it definitely against the dignity of the legal
profession.

Practical 2

Uploaded by

Copyright:

Available Formats

Practical 2

Uploaded by

Document Information

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Practical 2

Uploaded by

Copyright:

Available Formats

What do u understand as professional ethics for an advocate?

Discuss the duty of an advocate

Advocate's Duty to the Court:

Following are the duties of advocate towards to court:

You might also like