Duties of Advicate by Richa Mittal

DUTIES OF ADVOCATE
The important duties that have to be followed by the advocate are:

• Advocate’s Duty to the Court
• Advocate’s Duty to the Client
• Advocate’s Duty to the Opponent Advocate.
A. Advocate ‘s duties to the court ----

Section I of Chapter – II of Part – IV OF The Bar Council of India Rules explaining the rules
pertaining to “Advocate’s Duty to the Court”.
“bar” refers to the collective body of licensed lawyers in a particular jurisdiction or country.
Whereas Bench” typically refers to the collective body of judges who preside over courts of law.
The term “bar and bench” generally refers to the relationship between the lawyers who practice
in a court of law (the “bar”) and the judges who preside over the court (the “bench”).
In this relationship, the bar and bench work together to administer justice and ensure the fair and
efficient resolution of legal disputes
An advocate Is a legal professional who represents clients in court proceedings and provides
legal advice on various matters. So Advocates have certain duties towards the court, which are
essential for maintaining the integrity of the legal system. Here are some of the key duties of an
advocate towards the court:
1. Duty to act with integrity and fairness:
Advocates have a duty to act with integrity and fairness towards the court. They must not make
false or misleading statements, conceal facts, or misrepresent the law. In the case of Bani Singh
and Ors. V. State of UP (1996), the Supreme Court held that advocates must not mislead the
court or attempt to deceive it in any manner.
2. Duty to maintain confidentiality:

Advocates have a duty to maintain the confidentiality of their clients’ information. They must
not disclose any confidential information without their client's consent, except when required by
law or to prevent a crime. In the case of State of Punjab v. Ramdev Singh (2004), the Supreme
Court held that advocates must not breach the confidentiality of their clients.
3. Duty to assist the court:

Advocates have a duty to assist the court in arriving at a just decision. They must present their
client's case with clarity and accuracy, and provide the court with all relevant information and
legal precedents. In the case of R. K. Anand v. Delhi High Court (2009), the Supreme Court held
that advocates have a duty to assist the court in the administration of justice.
4. Duty to act in the best interests of the client:

Advocates have a duty to act in the best interests of their clients, while also upholding the
integrity of the legal system. They must not take on a case if it involves a conflict of interest, and
must withdraw from a case if they discover a conflict of interest later on. In the case of V. C.
Rangadurai v. D. Gopalan (1979), the Supreme Court held that advocates must act in the best
interests of their clients.
5. Duty to respect the court:

Advocates have a duty to respect the court and its proceedings. They must not engage in any
behaviour that could undermine the dignity and authority of the court, such as making personal
attacks on the judge or opposing counsel. In the case of Mahipal Singh Rana v. State of UP
(2016), the Supreme Court held that advocates must show respect towards 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. 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
ceremonial occasions and at places like the Bar Council of India or as the court may
prescribe.
8. Not bid or purchase property arising from a 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.
In conclusion, an advocate has various duties towards the court, including acting with integrity
and fairness, maintaining confidentiality, assisting the court, acting in the best interests of the
client, and respecting the court. These duties are essential for upholding the integrity of the legal
system and ensuring that justice is served.
B. Advocate’ s duties to the client

Chapter – II of Part IV of Bar Council of India Rules (Rule 11 to 33) provides the provisions
relating to advocate’s duty to client. An advocate is a legal professional who acts as a
representative for clients in legal matters. The duties of an advocate towards their client include a
wide range of responsibilities such as providing legal advice, representation in court, and
ensuring the client’s rights are protected. Below are some of the detailed duties of an advocate
towards their client, along with relevant case laws:
1. Duty to provide competent representation: An advocate has a duty to provide

competent representation to their client. This means that the advocate should have the
necessary knowledge, skills, and experience to handle the client’s case. In the case of
Chandra Shekhar v. Bar Council of India & Ors (2001), the Supreme Court of India
held that an advocate has a duty to ensure that they have the requisite knowledge and
expertise to represent a client in a particular matter.
2. Duty to maintain confidentiality: An advocate has a duty to maintain the confidentiality

of their client’s information. This means that the advocate should not disclose any
information about the client or the case to third parties without the client’s consent. In the
case of State of Punjab v. Sodhi Sukhdev Singh (1961), the Supreme Court of India
held that the advocate-client relationship is based on trust and confidence, and the
advocate has a duty to maintain confidentiality.
3. Duty to act in the client’s best interests: An advocate has a duty to act in the client’s
best interests at all times. This means that the advocate should not take any action that
would be detrimental to the client’s case. In the case of Bal Mukund Gupta v. Union of
India (2003), the Supreme Court of India held that an advocate has a duty to act in the
client’s best interests and not to take any step that would be detrimental to the client’s
case.
4. Duty to maintain a professional relationship with the client: An advocate has a duty
to maintain a professional relationship with the client. This means that the advocate
should not engage in any conduct that would compromise the integrity of the advocate-
client relationship. In the case of Bar Council of India v. A.K. Balaji & Ors (2018), the
Supreme Court of India held that an advocate has a duty to maintain a professional
relationship with the client and should not engage in any conduct that would compromise
the integrity of the advocate-client relationship.
5. Duty to disclose all relevant facts to the client: An advocate has a duty to disclose all
relevant facts to the client. This means that the advocate should provide the client with
complete and accurate information about the case, including the strengths and
weaknesses of the case. In the case of Ramesh Chandra Sankla v. Vikram Cement &
Anr (2008), the Supreme Court of India held that an advocate has a duty to disclose all
relevant facts to the client.
6. Right to maintain confidentiality: Advocates have a duty to maintain confidentiality

with respect to their clients’ information and communications.
7. An advocate should not be a party to stir up or instigate litigation.

An advocate must not be the party to facilitate litigation, as it is not suitable for natural justice.
8. 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.
9. Provide a copy of accounts:
An advocate must provide the client with a copy of the client’s account maintained by him on
demand.
In conclusion, the duties of an advocate towards their client are extensive and require the
advocate to act in the best interests of the client at all times while maintaining confidentiality,
providing competent representation, and disclosing all relevant facts.
C. Advocate’s Duty to the Opponent Advocate

The duty of an advocate towards other advocates can be summarized as follows:
1. Professional Courtesy: An advocate should treat other advocates with professional
courtesy and respect, even if they have opposing views or represent different parties in a
case.
2. Honesty and Fairness: An advocate should be honest and fair when dealing with other
advocates, and should not misrepresent facts or the law to gain an unfair advantage.
3. Collegiality: An advocate should foster a sense of collegiality with other advocates by

engaging in constructive dialogue and collaboration when possible.
4. Confidentiality: An advocate should respect the confidentiality of communications
between other advocates and their clients, and should not disclose confidential
information without consent.
5. Reporting misconduct: An advocate should report any misconduct or unethical behavior

by other advocates to the appropriate authorities, if necessary.
Overall, the duty of an advocate towards other advocates is to maintain professional and ethical
standards in the practice of law, while upholding the principles of justice and fairness.
D. Concept of Touting
The term “touting” refers to the act of soliciting or offering legal services or advice in exchange
for payment. Touting is illegal in India under the Advocates Act, 1961, which regulates the legal
profession in the country.
Section 36 of the Advocates Act, 1961, prohibits advocates from touting their services or
soliciting clients. The section reads as follows: “No person shall, except in accordance with the
rules and conditions made under this Act, practise in any court or before any authority or person
unless he is an advocate enrolled under this Act.”
Section 38 of the Advocates Act states that no person other than an advocate is entitled to
practice law in India or to solicit work or advertise their services as a legal practitioner. This
provision effectively bars touting by non-advocates. Section 44 of the Act also prohibits
advocates from employing touts or agents for the purpose of procuring or soliciting legal work.
In addition to these provisions, the Bar Council of India has issued rules that further restrict
touting by advocates. Rule 36 of the Bar Council of India Rules prohibits advocates from
soliciting work, either directly or indirectly, by circulars, advertisements, personal
communications, interviews, or any other means. The rule also prohibits advocates from paying
any person for soliciting or procuring work on their behalf.
Violation of these provisions and rules can result in disciplinary action against the advocate,
including suspension or disbarment from the practice of law. These measures are intended to
uphold the integrity of the legal profession and protect the public from unscrupulous practices.
In the case of Bar Council of India v. A.K. Balaji & Ors. (2018), the Supreme Court of India
clarified that touting by advocates is strictly prohibited under the Advocates Act, 1961. The court
held that advocates cannot advertise their services or solicit clients directly or indirectly. This
includes sending unsolicited emails, making unsolicited phone calls, or using any other means to
offer or advertise their services to potential clients.
Furthermore, in the case of State of Maharashtra v. Milind Suryakant Kamble (2011), the
Bombay High Court held that touting is a serious offence that can lead to the suspension or
cancellation of an advocate’s license. The court held that advocates must maintain the highest
standards of professional ethics and conduct and refrain from engaging in any form of touting or
solicitation.
In conclusion, touting is strictly prohibited under the Advocates Act, 1961 in India, and
advocates who engage in such activities can face serious consequences, including suspension or
cancellation of their license to practice law.
By--- Richa mittal

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DUTIES OF ADVOCATE

The important duties that have to be followed by the advocate are:

A. Advocate ‘s duties to the court ----

2. Duty to maintain confidentiality:

3. Duty to assist the court:

4. Duty to act in the best interests of the client:

5. Duty to respect the court:

6. Appear in proper dress code.

B. Advocate’ s duties to the client

1. Duty to provide competent representation: An advocate has a duty to provide

2. Duty to maintain confidentiality: An advocate has a duty to maintain the confidentiality

6. Right to maintain confidentiality: Advocates have a duty to maintain confidentiality

7. An advocate should not be a party to stir up or instigate litigation.

C. Advocate’s Duty to the Opponent Advocate

3. Collegiality: An advocate should foster a sense of collegiality with other advocates by

5. Reporting misconduct: An advocate should report any misconduct or unethical behavior

By--- Richa mittal

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