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.
Thanks & Source
http://www.barcouncilofindia.org/about/professional-standards/rules-on-professional-standards/