Q1 ) What is advocasy , what are the key ingredients of advocacy

Ans- Advocacy is active promotion of a cause or principle

Advocacy involves actions that lead to a selected goal
Advocacy is one of many possible strategies, or ways to approach a problem
Advocacy can be used as part of a community initiative, nested in with other components.
Advocacy is not direct service
Advocacy does not necessarily involve confrontation or conflict

I The rightness of the cause

Ii The power of the advocates (i.e., more of them is much better than less)

iii ) The thoroughness with which the advocates researched the issues, the opposition, and
the climate of opinion about the issue in the community

Iv ) Their skill in using the advocacy tools available (including the media)

V ) Above all, the selection of effective strategies and tactics

Q2 ) Significance of the advocate Act 1961 / Salient features.

The salient features of The Advocates Act 1961 were:

1. Combined all the existing laws on the legal profession.
2. Provisions for Bar Council of India at Central Level and State Bar Council in each state.
3. Provisions for similar roll of Advocates throughout India.
4. Empower advocates whose name is in similar roll to practice in all courts of India.
5. The difference between the Advocates and Vakil was removed, people who practiced Law
were known as Advocates.
6. Provisions to confer status as Senior Advocate-(having extraordinary knowledge in field of
law).
7. Autonomous status to Bar Councils.

Q 3 ) Significance and functions of Bar council of India

The Bar Council of India is a statutory body established under the section 4 of Advocates Act
1961 that regulates the legal practice and legal education in India. Its members are elected
from amongst the lawyers in India and as such represents the Indian bar. It prescribes
standards of professional conduct, etiquettes and exercises disciplinary jurisdiction over the
bar. It also sets standards for legal education and grants recognition to universities whose
degree in law will serve as a qualification for students to enroll themselves as advocates
upon graduation.
Lay down standards of professional conduct and etiquette for advocates.

Lay down procedure to be followed by disciplinary committees

Safeguard the rights, privileges and interests of advocates

Promote and support law reform

Deal with and dispose of any matter which may be referred by a State Bar Council

Promote legal education and lay down standards of legal education.

Determine universities whose degree in law shall be a qualification for enrollment as an

advocate.

Conduct seminars on legal topics by eminent jurists and publish journals and papers of legal
interest.

Organise and provide legal aid to the poor.

Recognise foreign qualifications in law obtained outside India for admission as an advocate.

Manage and invest funds of the Bar Council.

Provide for the election of its members who shall run the Bar Councils.

Q 4 ) i ) significance of professional ethics

Ii ) Diffrence between professional habits and business habits

Ethics

Ethics are principles and values, which together with rules of conduct and laws, regulate a
profession, such as the legal profession. They act as an important guide to ensure right and
proper conduct in the daily practise of the law

Importance of professional ethics in legal profession.

First, because lawyers and judges are integral to the working-out of the law and the Rule of
Law itself is founded on principles of justice, fairness and equity. If they do not adhere and
promote these ethical principles then the law will fall into disrepute and people will resort to
alternative means of resolving conflict. The Rule of Law will fail with a rise of public
discontent.

Second, lawyers are professionals.

This concept conveys the notion that issues of ethical responsibility and duty are an inherent
part of the legal profession. It has been said that a profession's most valuable asset is its
collective reputation and the confidence which that inspires. The legal profession especially
must have the confidence of the community.

Q 5 ) Professional ethics with respect of duties and obligations towards 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.

An advocate while presenting his case should conduct himself with dignity and self respect

Respectful attitude must be maintained by the advocate. He has to keep in mind the dignity
of the judge.

An advocate should not, by any improper means should influence the decision given by the
court.

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.

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.

Dress code has to be maintained by the advocate while appearing before the court.

An advocate should not take up any case of his family members and relatives.

No bands or gowns had to be worn by the advocate in the public places. It is only limited to
the court premises.
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.

It is the duty of the advocate to cooperate with the bench in the court.

It is the duty of the advocate to perform his functions in such a manner that due to his acts
the honor, dignity and integrity of the courts shall not be affected.

An advocate should not laugh or speak loudly in the court room especially when the
proceedings are going on.

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.

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.

Q 6 ). Standard of professional conduct and Etiquette

The Bar Council of India (BCI) exercising its rule making power under Section 49 (1) (c) of
The Advocates Act 1961 has declared ‘Standards of Professional Conduct and Etiquette’ for
advocates or lawyers.

The simplified and main characteristics of this rule which are put & published in public
domain by The Bar Council of India (BCI) itself, are referred and explained first, which is
followed with the details of exact statutory provision in this article subsequently.
The Bar Council of India (BCI) has made it mandatory on advocates or lawyers to fearlessly
uphold the interests of his client and that his conduct to conform to the rules made by it
under Section 49 (1) (c) of The Advocates Act 1961.
The Bar Council of India has classified the rules for the Standards of Professional Conduct
and Etiquette of Advocate or Lawyer as follows-

A. Rules On An Advocate’s Duty Towards The Court

B. Rules On An Advocate’s Duty Towards The Client

C. Rules On Advocate’s Duty To Opponents

D. Rules On An Advocate’s Duty Towards Fellow Advocates

A.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.

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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.

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B. 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.

C. 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.

D. 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

Q 7) Conflict between professional interest and duties

A conflict of interest (COI) is a situation in which a person or organization is involved in

multiple interests and financial conflicts. It is will corrupt the motivation or the decision-
making of a particular individual or an organization.

The occurrence of impropriety is one of the factors of the conflict of interest. It will be
discovered and defused before any corruption occurs. If the circumstances are reasonably
believed, then the conflict of interest will be caused to create a risk. The decision will be
influenced not on whether a particular individual is actually influenced by a secondary
interest.

Conflicts are aroused with respect to the interests of the lawyer himself, or the interests of
the existing client. An advocate has the duty not to accept any engagement in the trial. He
has to give testimony as there is no rule of evidence for disqualifying counsel to give
evidence in a suit that he is engaged.

The legal professions such as lawyers and judges had taken the conflict of interest very
seriously. In conflicts of interest, the justice is to be fairly meted out. The interests that cause
a judge appear to be partial are also prohibited. Lawyers owe obligations to the legal system.
But their primary obligation is to their clients interests. The legal professions contain strict
rules about conflict of interest. It will look up the history of examining and enforcing those
rules.

Conflicts of interest are mainly focused on lawyers other than the judges. This is because
their work is more vested with the clients.

In terms of conflict of interest, a lawyer who finds himself in a position of conflict need to
inform the client about his conflicting duties. The lawyer can also obtain an agreement from
the client stating that he should not perform his full duties of disclosure or he may be
recused of his duty with respect to the client. It is most important that the position of conflict
must be explained to the client when the case of the client is taken.

When an advocate gives a time which is advised by the party elated with the institution of the
suit or appeal will be acting for the party. He must not act or appear for the opposite party, as
the express consent is given to all concerned is obtained, after the full disclosure of facts.

The only exception to the lawyer for representing the clients due to conflicts of interest will
be developed when the client themselves grant their express consent to their concerned
advocate. Also, the client will be informed about the conflict which is disclosed without
breaching the requirements of confidentiality.
Q8 ) Rights and previliges of an advocate with restrictions.

According to Sec 2(a) of the Advocates Act, 1961, advocate means an advocate entered in
any roll[1] under the provisions of this Act.

In layman language, it means a law graduate[2] which can be termed as a legal

practitioner[3].

It is esteemed that every person has rights and duties to be designated.

RIGHTS AND PRIVILEGES OF AN ADVOCATE

Advocates have the following rights and privileges provided by law and usage.(1) Right to
Freedom of Speech and Expression:— Article 19(1 )(a) of Indian Constitution provided the
right tofreedom of speech and expression to all citizens. An advocate need not fear about
police, bureaucrats, legislatorsand even the judiciary. But he should oblige the reasonable
restriction imposed on this right in the interest of thesovereignty and integrity of India, the
security of the State, friendly relations with foreign States, public order,decency or morality,
or in relation to contempt of court, defamation or incitement to an offence. He should not
hurtthe religious feelings of one sect. He should speak in decent language.

(2) Right to practise and audience:— According to Section 30 of the Advocates Act, subject
to the provisions ofthis Act, every advocate whose name is entered in the State roll shall be
entitled as of right to practise throughoutthe territory,—(a) in all Courts including the
Supreme Court;(b) before any Tribunal or person legally authorised to take evidence; and(c)
before any other authority or person before whom such advocate by or under any law for the
time being inforce entitled to practise.Only advocates have monopoly right to represent
clients in Courts.

(3) Right for Welfare Fund:— As per Section 15 of the Andhra Pradesh Advocates’ Welfare
Fund Act, 1987, everyadvocate practising in any Court in the State become a member of the
Fund. According to Section 16, a member ofthe Fund shall, on cessation of practice, be
entitled to receive from and out of the Fund an amount at the ratespecified in the schedule
after five years of service at the rate of one thousand for a completed year.

(4) Right of fee:— As per Rule 11 of Chapter II of Part VI of the Bar Council of India Rules,
he has a right for a feeconsistent with his standing at the bar and the nature of the case.
(5) To enter the Bar:— An advocate has the right to sit in the seats 1 provided for advocates,
whether he ishaving a case or not and observe the l proceedings.

(6) Privilege of exemption from arrest:— Section 135(2) of Civil Procedure Code, 1908
states thus:Where any matter is pending before a tribunal having jurisdiction therein, or
believing in good faith that it has such jurisdiction, the parties thereto, their pleaders,
mukhtars, revenue-agents, and recognized-agents, and theirwitnesses acting in obedience
to a summons, shall be exempt from arrest under civil process other than process