Questions:

What are the duties of an Advocate to his Client? Elaborate such duties in the light of standards of
Professional Conduct and Etiquettes as laid down by the Bar Council of India - SEE
https://old.amu.ac.in/emp/studym/100012203.pdf

Do, Lawyers have to right to call for or go on strike? Explain and decide this issue with the help of the
case of Ex-Captain harish Uppal v. Union of India. -

A lawyer in discharging his professional assignment has a duty to his client, a duty to his opponent, a
duty to the court, a duty to the society at large and a duty to himself. Discuss this statement and also
define Professional misconduct with the help of leading case laws.

An Advocate was suspended from practice for three years by an order of Disciplinary Committee of BCI.
What remedies are available to him?

Do Advocates have right of lien in the case files entrusted by their clients? Explain.

Discuss the Seven Lamps of Advocacy as laid down by Sir Edward Abott Parry.

Professional Conduct
Professional ethics encompasses an ethical code governing the conduct of persons engaged in the
practice of law as well as persons engaged in the legal sector. All members of the legal profession have a
paramount duty to the court and towards the administration of justice. This duty prevails over all other
duties, especially in the circumstances where there may be a conflict of duties. It means a code of rules
which regulates the behaviour and conduct of a practicing lawyer towards himself, his client, his
opposite party, his counsel and of course towards the court.

Advocate Act, 1961

It was introduced to implement the recommendations of the All-India Bar Committee and taking into
account the Law Commission's recommendations relating to the legal profession. The Parliament has
established The Bar Council of India under section 4 of The Advocate Act,1961. As per section 7(1)(b) the
council has to lay down standards of professional conduct and etiquette for advocates. And section
49(1)(c) allows the bar council of India to make rules as to suggest the standard of professional conduct
to be observed by advocates.

Bar Council Of India Rules

Chapter II of part VI of the Rules framed by the Bar Council of India deals with the standards of
professional Conduct and Etiquette. These rules specify the duties of an advocate to the Court, client,
opponent and colleagues, etc.
Professional misconduct
The term “Professional Misconduct” is not defined anywhere in the
Advocates Act, and a standard definition is impossible to come up with. As a
result, precedents in this area are the only reliable source of information about
what constitutes professional misconduct.

Important Provision
Section 35 of the Advocates Act of 1961 deals with the disciplinary
powers of the State Bar Councils and the punishment of advocates for
misconduct.

Section 35[2] states that –

“Where on receipt of a complaint or otherwise a State Bar Council has

reason to believe that any advocate on its roll has been guilty of
professional or other misconduct, it shall refer the case for disposal to
its disciplinary committee”.

Furthermore, the disciplinary committee of a State Bar Council shall set a date
for the case to be heard and shall give notice to the advocate involved as well
as the State’s Advocate-General. After giving the advocate in question and the
Advocate-General an opportunity to be heard, the disciplinary committee of a
State Bar Council may decide on the matter.

The Disciplinary Committee can issue the following orders: dismiss the
complaint or direct that the proceedings be filed if the complaint was
filed at the request of the State Bar Council.

 Reprimand the lawyer.

 Suspend the lawyer from practising for as long as it sees fit
 Remove the advocate’s name from the State’s list of advocates.

When dealing with any case brought under this section, the Bar Council of
India’s disciplinary committee must follow the same procedure as set out in
section 35. When it comes to the Bar Council of India, notice must be given to
both the concerned advocate and the Attorney-General of India, which in the
case of the State Bar Council is the State Advocate-General.

Any person who is aggrieved by an order of the disciplinary committee of a

State Bar Council made under section 35 or by the Advocate-General of the
State may appeal to the Bar Council of India under section 37 within sixty days
of the date of communication of the order to him.

The Bar Council of India’s disciplinary committee will hear such an appeal.
Furthermore, any person who is still aggrieved by an order made by the Bar
Council of India’s disciplinary committee under section 36 or section 37, or the
Attorney-General of India, as the case may be, may file an appeal with the
Supreme Court within sixty days of the date on which the order is
communicated to him, and the Supreme Court may pass such order (including
an order varying the punishments awarded by the disciplinary committee of the
Bar Council of India) thereon as it deems fit.

IMPORTANT CASES

An Advocate v. Bar Council of India 1989

Facts: In this case the bona fide act of an advocate who in good faith acted under the instructions of
someone closely connected with his client and entertained a bona fide belief that the instructions were
given under the authority of his client.

Key aspects/issues

 Whether an advocate acting bona fide and in good faith on the basis of oral instructions given
by someone purporting to act on behalf of his client, would be guilty of professional misconduct
or of an unwise or imprudent act, or negligence simpliciter, or culpable negligence punishable
as professional misconduct?
 Whether a charge apprising him specifically of the precise nature and character of the
professional misconduct ascribed to him needs to be framed? [charging of frame has to be
done?]
 Whether in the absence of an allegation or finding of dishonesty or mens rea a finding of guilt
and a punishment of this nature can be inflicted on him?
 Whether the allegations and the finding of guilt is required to be proved beyond reasonable
doubt?
 Whether the doctrine of benefit of doubt applies?

Holding:

The nature of the proceedings relating to the Misconduct is Quasi – Criminal. The expected level of
proof required to prosecute the accused is beyond reasonable doubt rather than relying on
Preponderance of Probabilities as being looked into the Civil Proceedings. The transgression of the thin
line from the tolerable negligence to culpable negligence, needs to be looked into, while hearing the
matters pertaining to the professional misconduct, under the Advocates Act, 1961. The accused
Advocate should be provided the benefit of doubt, in absence of the charges against him/her proved
beyond reasonable doubt

Since BCI failed to frame charges against the lawyer the trail was not fair and remitted back to BCI for
consideration.

C. Ravichandran Iyer V. Justice A.M. Bhattacharjee, 1995

Facts: Bar Council of Maharashtra and Goa passed a resolution demanding resignation of Justice A.M.
Bhattacharjee as they deemed him to be unfit to perform his duties. The copy resolution was sne to the
press and the president. When Justice A.M. Bhattacharjee heard about it he himself resigned. The action
of Bar council was challenged in SC.

Issue- Whether a Bar Council or Bar Association is entitled to pass resolution demanding a Judge to
resign, what is its effect on the independence of the judiciary and whether it is constitutionally
permissible.

Holding:

Our Constitution permits removal of the Judge only when the motion was carried out with requisite
majority of both the Houses of Parliament recommending to the President for removal. The grounds for
removal is proven misbehavior or incapacity. The Constitution does not permit any action by any agency
other than the initiation of the action under Article 124(4) by Parliament. Presient of Himself does not
have power of removal.

no other agency or authority like the CBI, Ministry of Finance, the Reserve Bank of India … would
investigate into the conduct or acts or actions of a Judge. No mandamus or direction would be issued to
the Speaker of Lok Sabha or Chairman of Rajya Sabha to initiate action for impeachment.

By issuing the resolution the Bar association encroached their powers. Committed defamation,
contempt of court and harmed independence of judiciary.

P.D. Gupta v.Rammurthi

Fact of the case:- One Mr. Krishnan died on 5-6-1980. His sister Vidyawati filed a
suit for decleration of title in her favour for certain properties of Mr. Krishnan,
Ramamurthi and others resisted the suit claiming title in their favour. P.D.Gupta was the
Advocate of Vidyawati. When the suit was pending P.D. Gupta purchased part of the
disputed property for Rs.18000 and sold it for 34000 immediately. Mr. ramamurthi filed a
complaint against P.D.Gupta before the Delhi Bar Council alleging professional
misconduct. The main allegation is that he has purchased the part of the disputed
property from his client during the pendency of the suit. Since the enquiry was not
completed within one year the matter is transferred to the Bar Council of India. After
hearing both the parties, the Bar Council of India passed an order suspending him from
the practice for a period of one year. The court held that a shadow of undue influence is
present when an Advocate buys property of his own client. Against this order P.D.
Gupta filed an appeal before the Supreme court. In the appeal his main contention was
that his client or her legal heirs has not filed any complaint regarding professional
misconduct, and the enquiry conducted based on the complaint by some other person is
wrong.

The Supreme Court did not accept this argument and passed the
following orders.
“A lawyer owes a duty to be fair not only to his client but also to the court as well as to the
opposite party in the conduct of the case. Administration of justice is a stream which has to
be kept pure and clean.”
1. Any person shall file a complaint regarding professional misconduct against an
Advocate.
2. Bar council shall enquire into the allegation of professional misconduct, though the
complaint is filed by a stranger, because, the Bar council is concerned with the conduct
of Advocates.
3. The order passed by the Bar Council of India is confirmed.
In P.D. Gupta v. Ram Murti and Another22 the Bar Council of India was of the view that
the conduct of P.D. Gupta in the above circumstances was unbecoming of professional
ethics and conduct of an Advocate.

KAUSHAL KISHORE AWASTHI VERSUS BALWANT SINGH

THAKUR
Background In 1989, Thakur was embroiled in a property dispute with his two brothers over ancestral
property after the death of their father. He approached Awasthi to file a suit against one of his brothers’
attempt to fraudulently sell off the land. After the suit was filed, the parties settled the matter and
requested the court to divide the property. In October 1994, Thakur was declared the owner of 0.03
acres of land, and a kutcha house. The problem of the property dispute was thus resolved. In 2003,
Thakur attempted to sell his part of the land using the previous sale deed. At this point, Awasthi
produced an objection letter against the proposed sale deed and objected to the registration of the
deed saying that the Thakur did not have full ownership of the proposed land. This angered Thakur who
said that Awasthi was neither an interested party in the sale deed or the sale, nor was he authorised by
any party to raise objection. The complainant then labelled Awasthi's move as professional misconduct
and filed a complaint. Thakur also said that in 1996 and again in 1999, Awasthi had lent him and his son
a total of Rs 40,000. Thakur had then offered half of his share of the land as security for the repayment
of the amount. Now, Thakur said, Awasthi was objecting to the sale of the land as his debt had not been
cleared. In the Supreme Court, Awasthi's counsel contended that even if Thakur’s claims were correct,
Awasthi had not acted as an advocate, and therefore, his actions could not amount to committing
misconduct. The counsel quoted Rule 22 under Chapter II of the Standards of Professional Conduct and
Etiquette framed by the BCI and Section 35 of the Advocates Act, 1961 to support their contention. Rule
22 proscribes an advocate from bidding or purchasing any property sold in the execution of a decree or
order in any legal proceedings he was engaged in.

HOLDING - However, in the current case, the said property was not being sold in the execution of any
decree -- therefore, when Awasthi objected to the sale, he was not participating in the process in the
capacity of an advocate. The Supreme Court, after a reading of the case, said that "this act has nothing
to do with the professional conduct of the appellant. Therefore, the very initiation of disciplinary
proceedings against the appellant by the State Bar Council was improper and without jurisdiction." Thus,
the court set aside the orders issued by the Bar Council of India.

RD SAXENA v. balram prasad sharma

Facts of the Case
The appellant was appointed as a legal advisor to the Madhya Pradesh
State Co-operative Bank Ltd. (herein referred to as ‘Bank’) in 1990. He
used to conduct cases on behalf of the said bank. Subsequently, on
17.7.1993 the bank terminated the retainers of the appellant; and requested
him to return his files related to the bank. Instead of returning the files, he
informed the bank that only after dues amounting to rupees 97,100/- were
paid will he return the files.

Hence, the Bank filed a complaint before the State Bar Council of Madhya
Pradesh on 3.2.1994; wherein the appellant contended that he has a right of
lien on those files; whereas the respondent contended that the appellant is
guilty of professional misconduct by not returning the files to his client.
Subsequently, the matter got transferred to the disciplinary committee of
Bar Council of India; wherein the appellant was held guilty of professional
misconduct and was imposed a fine of rupees 1000/-; and also debarred
him from practicing for 18 months; and was directed to return all the
case bundles of the client without any delay.

Therefore, the advocate/appellant filled for the appeal before the Supreme
Court.

ISSUE:

Does the advocate have a lien for his fees on the litigation papers
entrusted to him by his client?

HOLING:

A thing to be considered a good under section 171 of the Indian Contract

Act, should have marketability and the person to whom it is bailed should
be in a position to dispose it of in consideration of money. Goods referred
to under s. 171 are saleable goods. In this case there is no scope for
converting the case files into money, nor can they be sold to any third
party and reliance to s. 171 cannot be placed.

India is a country having vast illiterate population; and asking them to

have a lien on the litigation papers will lead to the exploitation of those
very clients. A litigant has the freedom to change his advocate and the same
should be disposed of while returning the files. The criminal accused has also
a fundamental right of choice as per Article 22(1) of the Constitution of
India; and in the State of Madhya Pradesh v. Shobharam & Ors; the
court observed that the choice; herein referred to is the choice to change the
advocate engaging in the same case. An advocate must return the file to the
client to get the file returned.
Section 35 of the Advocates Act pertains to misconduct; and accordingly,
the refusal of an advocate to return the file of the client comes under the
ambit of professional misconduct. Therefore, he is liable for the same
punishment. However, here the appellant had a bona fide belief that; he did
have a lien and such presumption pertains to restricting harsh punishment
on the appellant.

In the Punishment will be altered to reprimanding the appellant. However, if

any person commits this type of professional misconduct in the future; then
Bar Council will determine respective punishment; and the lesser
punishment imposed in this case should not be taken under the ambit of
precedent.

T.C. Mathai v. District & Sessions Judge,

Thiruvananthapuram
Facts:  The appellant claims to be the power-of-attorney holder of a couple (husband and wife) living in
Kuwait.  He sought permission of the Sessions Court, Trivandrum to appear and plead on behalf of the
said couple who are arrayed as respondents in a criminal revision petition filed before the said Sessions.
 The Permission was declined by the Sessions Judge and even by High Court and now the appeal before
the Supreme Court to seek the same permission.

Issue Can the appellant become a pleader for the respondent couple on the basis of power of attorney?

Court held that: 

The Court interpreted Section 2(q) of Cr.P.C. “2.(q) ‘pleader’, when used with reference to any
proceeding in any court, means a person authorised by or under any law for the time being in force, to
practise in such court, and includes any other person appointed with the permission of the court to act
in such proceeding;”

 As per above definition if the pleader is “any other person ”, it is essential requisite that such person
should have been appointed with the permission of the court to act in such proceedings. It is not
necessary that the “pleader” so appointed should be the power-ofattorney holder of the party in the
case. What seems to be a condition precedent is that his appointment should have been preceded by
grant of permission of the court.

 But if the person proposed to be appointed by the party is not such a qualified person as an advocate,
the court has first to satisfy itself whether the expected assistance would be rendered by that person.

 Section 2 of the Power of Attorney Act cannot override the specific provision of a statute which
requires that a particular act should be done by a party-in-person. For that reason when the Code
requires the appearance of an accused in a court it is no compliance with it if a power-of-attorney holder
appears for him. So the contention of the appellant based on the instrument of power of attorney is of
no avail in this case
An agent cannot become a “pleader” for the party in criminal proceedings, unless the party secures
permission from the court to appoint him to act in such proceedings.  The respondent-couple have not
even moved for such a permission and hence no occasion has arisen so far to consider that aspect.

D.P. Chadha V. Triyugi Narain Mishra

In this case a client signed blank vakaltnama so that they need not come to court again and again. P
Chadha misused blank vakalatnama and misused it without its clients consent. When suit was in
pendency P Chaha mae sure that client does not come to court by excuses. When client finds out about
false settlement he filed case against him in state bar council of India SBCI.

SBCI found him guilty and barred him for 5 years. On appeal BCI increased punishment to 10years

SC holding:

Lawyer guilty. Since appeal was to decrease punishment BCI should not have increased punishment.
Restored to SCBI judgment.

“A lawyer in discharging his professional assignment has a duty to his client, a duty to his
opponent, a duty to the court, a duty to the society at large and a duty to himself. t needs a
high degree of probity and poise to strike a balance and arrive at the place of righteous
stand more so when there are conflicting claims. While discharging duty to the court, a
lawyer should never knowingly be a party to any deception, design or fraud.”

Shambhu Ram Yadav V. Hanuman Das Khatry

Facts: This case under Advocate Act, 1961 is concerned with professional misconduct of an advocate. In
this case, a complaint was filed by the appellant against the respondents-Advocate before the Bar council of
Rajasthan, which was referred to the Disciplinary Committee by the State Bar Council. The complaint against
advocate was that he had written a letter to his client Mahant Rajagiri stating that his another client had
informed him that the concerned judge accepts bribe to give favorable orders, and so he should send an
amount of Rs. 10,000 /- to get decision in his fever, and in case he can influence the judge himself, there is
no need to send Rs. 10,000 /- to be given to the judge. The content of the letter was admitted by the
respondent Advocate. However, in reply to the complaint letter, he pleaded that the services of the presiding
judge were terminated due to taking illegal gratification, and that he had followed by norms of professional
ethics and brought this fact to the knowledge of the client to protect the interest of his client, and that the
money was not sent by the client to him. Under such circumstances, he had not committed in professional
misconduct . The State Bar Council came to the conclusion that the respondent Advocate was guilty of
professional misconduct and suspended him from practice for a period of 2 years.

The respondent advocate challenged this decision before the Bar Council of India. The disciplinary
committee of Bar Council of India enhanced the punishment and directed that the name of respondent be
struck off from the roll of Advocate and thus he be debarred permanently from the practice of advocacy. The
respondent Advocate filed a review petition before it against this decision under Section 44 of the Advocate
Act, 1961. The Bar Council of India accepted the review petition and held that the Advocate is a man of 80
years old and is continuing practice since 1951. During such a long period of practice, he has never
committed any professional ethics with any ill motive. This is his first mistake. So, the review-petition was
allowed and the earlier order was modified by substituting the punishment of permanently debarring him
from practice with that of remanding him.

On appeal, the Supreme Court held that the earlier order of Bar Council of India had taken into
consideration all the relevant factors for arriving at the conclusion that the Advocate was totally unfit to be a
lawyer having the written such a letter and so the punishment lesser then permanently debarring him cannot
be imposed on guilty respondent. The Court further the held that the power of review does not have
empower the Disciplinary Committee for taking a different view on the same facts of the case. The penalty of
permanent debarment of practice was imposed on the respondent in view of the nature of misconduct
committed by the Advocate respondent, which has been modified in exercise of review power. It is the duty
of Bar Council to adhere to the required standards and on its failure to take appropriate action against the
erring Advocates.

Salil Dutta v. T.M. and MC (P) Ltd.

Background

the appeal before the High court was directed against an order of the city civil court, Calcutta dismissing
an application filed by the defendant to set aside the ex parte decree passed against him, under Order 9
Rule 13 of the CPC

The plaintiff/appellant filed a suit for ejecting the defendant-tenant on the ground of default in paying
rent and on the ground that the such premises are required for his own use and occupation. The suit
was posted for final hearing on 9/06/1988 -seven years after its institution.

According to the defendanthis advocate advised him that he need not be present at the hearing of the
suit on 9/06/1988, and thereafter till the applications filed by him under Order 14 Rule 5 and Order 6
Rule 16 Civil Procedure Code are disposed of. On 9/06/1988, the advocate for the defendant prayed for
an adjournment till the next day. It was adjourned accordingly. On June 10, neither the advocate for the
defendant nor the defendant appeared, with the result the defendant was set ex parte.

Issue - Whether principle of the decision in Rafiq v. Munshilal (AIR 1981 SC 1400) applies in the present
case

Holding

it is true that in certain situations, the court may, in the interest of justice, set aside a dismissal order or
an ex parte decree notwithstanding the negligence and/or misdemeanour of the advocate where it finds
that the client was an innocent litigant but there is no such absolute rule that a party can disown its
advocate at any time and seek relief. No such absolute immunity can be recognised. Such an absolute
rule would make the working of the system extremely difficult. The observations made in Rafiq must
be understood in the facts and circumstances of that case and cannot be understood as an absolute
proposition.

This was an on-going suit posted for final hearing after a lapse of seven years of its institution. The
defendant not a rustic ignorant villager but a private limited company …managed by educated
businessmen who know where their interest lies……they chose to non-cooperate with the court. Having
adopted such a stand towards the court, the defendant has no right to ask its indulgence. Putting the
entire blame upon the advocate and trying to make it out as if they were totally unaware of the nature
or significance of the proceedings is a theory which cannot be accepted and ought not to have been
accepted.” • “For the above reasons, the appeal is allowed

RIGHT TO STRIKE
The right of an advocate to strike is a topic that has been hotly debated over
decades and a positional essence of the arguments can be gained from
a report titled “Role of the Legal Profession in Administration of Justice” by the
Law Commission of India in 1988. In the report, it was stated While on the one
hand advocates aggressively demand the right to strike on the other hand
voluntary organization and judges among other people maintain that advocates
have no right to go on strike.

Harish Uppal vs Union of India

The petitioner, in this case, was an ex-army officer. In 1972 petitioner was
posted in Bangladesh, where some embezzlement related accusation was put
on him and he was brought to the army court in India, where charges against
him were framed and he was court-martialed from his post and titles along with
imprisoned for 2 years.

He filed a pre-confirmation application in a civil Court to review the matter and

he received a reply from the court after a long period of 11 years, when the
limitation period of the review has expired. It was later found that documents
along the application got misplaced during a violent strike by advocates. A
special petition was filed by the petitioner to declare strikes by advocates illegal.

After analyzing the whole matter, Supreme Court of India came up with the
conclusion that

1. Strike by the advocate is unlawful.

2. A strike will only be permitted in rarest of the rare cases where
integrity, respect, and working of the bar is at the stake.
3. A Silent dissatisfaction can be shown or an interview to the press and
media can be given, till the time it doesn’t hamper the working of the
court.

More recently M/s

PLR Projects Private Limited v. Mahanadi
Coalfields Limited and Ors. SC has ordered lawyer in Odhisha to
stop protesting. They are protesting for establishment of HC bench
in western odhisha. The Bench, comprising Justices Sanjay Kishan
Kaul and Abhay S. Oka, categorically directed the lawyers to
resume work from Wednesday, cautioning that failure to comply
with the order and "fall in line", would result in the Supreme Court
holding the recalcitrant lawyers guilty of contempt of court and even
the suspension or cancellation of their licenses.

DUTIES OF LAWYERS
https://old.amu.ac.in/emp/studym/100012203.pdf
Professional ethics encompasses an ethical code governing the conduct of persons engaged in the
practice of law as well as persons engaged in the legal sector. All members of the legal profession have a
paramount duty to the court and towards the administration of justice. This duty prevails over all other
duties, especially in the circumstances where there may be a conflict of duties. It means a code of rules
which regulates the behaviour and conduct of a practicing lawyer towards himself, his client, his
opposite party, his counsel and of course towards the court.

Advocate Act, 1961

It was introduced to implement the recommendations of the All-India Bar Committee and taking into
account the Law Commission's recommendations relating to the legal profession. The Parliament has
established The Bar Council of India under section 4 of The Advocate Act,1961. As per section 7(1)(b) the
council has to lay down standards of professional conduct and etiquette for advocates. And section
49(1)(c) allows the bar council of India to make rules as to suggest the standard of professional conduct
to be observed by advocates.

Bar Council Of India Rules

Chapter II of part VI of the Rules framed by the Bar Council of India deals with the standards of
professional Conduct and Etiquette. These rules specify the duties of an advocate to the Court, client,
opponent and colleagues, etc.

SEE https://old.amu.ac.in/emp/studym/100012203.pdf
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.

Seven lamps
History of seven lamps of advocacy
It was Judge Edward Abbott Parry who brought the theory into existence. He
gave the seven lamps of advocacy. After that, the 8th lamps of advocacy were
added by justice V Krishnaswamy Aiyar in his legal book of “professional
conduct and advocacy”. He named 8th lamp of advocacy TACT.

The qualities given under the seven lamps of advocacy are the best and
essential qualities of an advocate which must be followed by an advocate to
succeed in his legal profession while practising in the court anywhere. Let’s know
about each and every lamp of advocacy.

Honesty
Honesty in a profession is the official policy that should be used by every person
while interacting with another person. Honesty should reflect in the thoughts,
words and behaviour of an advocate. It is honesty that increases the personal
and professional reputation of the person in a society. The reputation of an
advocate is the thing that includes his fame and trust with his clients and bar.
An advocate is expected to be honest while dealing with the case and making
arguments and producing oral and documentary evidence in the court of
law. The judge decides the case on the basis of the submission and arguments
done by an advocate on the behalf of his client. If wrong fact represented by an
advocate can punish an innocent person. An advocate should be:
Honest with his client-
 He must tell his client about the position of the case every time.
 An advocate must tell about the merits of the case
 He must tell about the demerits of the case or any consequences
which can lead to the loss of his client.
 If an advocate is going to lose the case in court, he should talk about
this.
Honest with opposition-
An advocate should be honest even with his opposition party. He should not give
any false facts to take the case in the opposite direction.

Deceiving a person in a case should not be the purpose of an advocate.

Honest to law-
The person who is filing the case in the court is here to take justice, not to check
the talent of an advocate. Honest with the law means an advocate should give
the truthful fact in front of the judge , not any false statements. Telling the truth in
front of the judge is the best practice for honesty.
Courage
Courage is one of the important factors in seven lamps of advocacy. Courage
means the ability to stand in front of the court without any fear. An advocate
should feel proud and confident while arguing in a case. It builds the ability of an
advocate to convince the judge that his true and honest facts represent on the
behalf of his client.
A lawyer faces many problems while dealing with civil litigation or criminal
litigation. He should have the courage to stand in that case and remove these
problems fearlessly. He should have been ready to fight all the problems and
social evils. Advocates can use courage as their weapon, but for that, they must
have a deep knowledge of the law.
Not all cases are easy for dealing with, an advocate can get the case related
to murder, marital rape, abatement, Child labour etc. He should have the
courage to take every kind of case.
Industry
Ignorance of the law is not an excuse. He must have the knowledge of the law
for which he is dealing in a case. We all know that the law is like an ocean; no
one can be the master of law. But an advocate should know about the law used
in the case in which he is dealing for.
Advocates should have knowledge, attitude and skill while dealing with the case.
To get the knowledge of the law and understand the law he should have given
sufficient time for that.

No advocate can win the case without sufficient knowledge of the law. He must
have given the time for the case so that he could deal perfectly with that case
and increase his chance to win the case. Our law is not static, it keeps changing
with the need of society every time to solve the various new problems of the
society. An advocate should update himself with these new laws. Even if a
lawyer was good enough to deal with all the cases in the previous time, and now
he does not stay up to date with new laws, he will face difficulties while dealing
with the case in the present time. There is no way other than hard work.
Hard work always pays.
Wit
Being a professional lawyer in the field of law, a lawyer should have wit and a
sense of humour. It is the humour that keeps us calm and active. A person
without a sense of humour will fight the case with anger which isn’t good for
providing justice. Judges also like the advocates and witnesses which help them
to provide justice in a case.

The wit is a necessary lamp to lighten the darkness of advocacy. A wit helps the
advocates to stay focused on his work and reduce the workload so that he
can remain relaxed. It automatically removes the mental strain of an advocate
so that he can think beyond the limits of his mind.
A well-prepared speech by an advocate in front of the Judge will not always
work. An advocate has to answer the questions of a Judge and that question will
check the wit and presence of mind of a lawyer. The questions asked by judges
check the intelligence and knowledge of advocates related to the case.

It happens many times that an advocate forgets to produce something in the

court or fails to answer some questions in the court. At that time, it is the wit of an
advocate which helps him to fill that gap.

Eloquence
The lamp of eloquence is the art of speaking. Every advocate delivers his
argument in front of the judge. But eloquence is the way to give the arguments in
a way that holds a long-lasting effect on the judge as well as the clients and
listeners in the courtroom.
Eloquence is an oral art that is used by an advocate for fluent and skilful use of
communication which touches the soul of a judge.

An advocate who has a good knowledge of advocacy can use the eloquence
language for fluent speaking. There are some important points related to
eloquence as follow:

 An advocate should be a skilled speaker

 He should stay confident while giving the speech in front of the judge
 He should be fluent while giving this speech.
 The language used by an advocate should be error-free
 He should have the ability to pause himself at the right moment
 This speech given by an advocate should be effective, not dramatic.
 He should give this speech in a way that leaves an impression on
the judge.
 The language should be used in a way that should help the judge
while writing his judgement.
 The language should influence people towards the point of
discussion.
 Use of the right law phrase and law maxim.
An advocate can use the power of eloquence by:
 noticing the faults made by the opposite party
 Presence of mind in the case
 Knowledge and practice
 By setting the relation between arguments and justification
The skill to develop the equivalence in Hindi speech needs more and more
knowledge.

Judgement
The lamp of judgement means the deep study of the present case and then
make an informed opinion for that case. An advocate should think from two
sides of the case because it will help him to understand the consequences of the
case. By understanding the case from both sides the advocates knows the merits
and demerits of that case. It helps him to anticipate the problems and tackle the
same with his other lamps of advocacy.
A good advocate knows what will be the consequences after representing a
witness in court. He should be aware of what questions can be asked by the
judges and the opposite party after the witness. And he should be ready to
counter these arguments and questions from the opposite party and judges of
the case as well.

Fellowship
Fellowship is one of the most important lamps of advocacy. An advocate must
carry fellowship with his colleagues. When an advocate takes the case and
argues, he argues against an opposite advocate. But it does not make them
opposite to each other, they are just making arguments for the sake of justice
only. After finishing the argument in the court hall, the advocate should respect
his opposite advocate. Even while doing an argument in court, an advocate
should respect his opposite lawyer as well. The reason is, it is not the fight
between both of them but it is the fight for justice only.
After the judgement of the caught in a case, even if an advocate lost the case, he
should respect the advocate who wins the case. If an advocate starts fighting
with each and every advocate who is opposing him in the case, he will make all
the advocates his enemy which is not professional ethics.

A case must not bother his friendly relationship with other advocates. An
advocate should while referring to the opposite advocate use the term as a
learned friend or learned counsel.

Advocates should also use the lamp of fellowship for judges also. It is the
arguments of an advocate which leads his case. The advocate should respect
the judge even if he gave the opposite decision. An advocate should refer to a
judge as:

 Learned Judge or Your Honour

 High court- your lordship or my lord
These are the terms that show respect towards the other advocates and judges.
It builds a friendship with another colleague.

8th lamp of advocacy

TACT is the 8th lamp of advocacy. An Indian lawyer and former judge of Madras
High Court “V Krishnaswamy Iyer” has written the TEACT in his book of
PROFESSIONAL CONDUCT AND ADVOCACY as the 8th lamp of advocacy.

Sometimes it happens that the courtroom becomes a mess due to the heavy and
serious arguments by advocates. In those circumstances, advocates should
know how to tackle the situation. An advocate should know how to:
 control his client in that situation
 Control over the opponent advocate in the case.
 Persuade the judge
An advocate should use a great technique that will be able to control the messy
situation in the courtroom.