Why You Might Be Failing at Advocates Professional Ethics

advocate

Rules on the professional standards that an advocate must maintain are mentioned in Chapter II, Part VI of the Bar Council of India Rules. These rules are placed there under section 49(1)(c) of the Advocates Act, 1961. The Code on Professional Ethics of Lawyers in India must be followed to retain their credibility of the legal profession.

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 very dignified manner. He should in the least times conduct himself with self-respect. However, whenever there’s proper ground for serious complaint against a judicial officer, the advocate features a right and duty to submit his grievance to proper authorities.

2. Respect the court

An advocate should show respect towards the court. An advocate has got to bear in mind that the dignity and respect maintained towards judicial office is important for the survival of a free community.

3. Not communicate in private

An advocate shouldn’t communicate privately to a judge with reference to any matter pending before the judge or the other judge. An advocate shouldn’t influence the judgement of a court in any matter using illegal or improper means like 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 forestall 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 enforce 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 through 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 within the court.

6. Appear in proper dress code

An advocate should appear in court in any respect times only in the dress prescribed under the Bar Council of India Rules and his appearance should be presentable.

7. Refuse to appear in front of relations

An advocate shouldn’t enter appearance, act, plead or practice in any way before a judicial authority if the only or any member of the bench is said 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 shouldn’t wear bands or gowns publicly places aside from in courts, except on such ceremonial occasions and at such places because the Bar Council of India or as the court may prescribe.

9. Not represent establishments of which he’s a member

An advocate mustn’t appear in or before any judicial authority, for or against any establishment if he’s a member of the management of the establishment. This rule doesn’t 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 shouldn’t act or plead in any matter during which he has financial interests. For instance, he shouldn’t act during a bankruptcy petition when he’s also a creditor of the bankrupt. He should also not accept a quick from a corporation of which he’s a Director.

11. Not stand as surety for client

An advocate shouldn’t stand as a surety, or certify the soundness of a surety that his client requires for the aim of any legal proceedings.

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