PRACTICAL TRAINING PAPER- 1

ANSWERS OF QUESTIONS BANKS

Reference: 1) Book- Professional ethics – A Arputhom

2) Advocate Act, 1961 & Websites

25 Questions divided into 4 Groups:

Group I State Bar & Bar Council Of India Related (8 Que)

Group II Advocate and Advocacy related Questions

Group III Contempt of Court related Questions

Group IV Ethics, Etiquette and professional conduct related questions

Group V Various Terminologies such as Advocate, AOR, Solicitor etc

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Group I: Bar Council Related Questions
1) Function of State Bar Council
2) Write the Powers of State Bar Council
3) Functions of Bar Council of India
4) Write Functions of Bar Council of India dealing with Disciplinary
Proceedings
5) Bar Council standard code of conduct for advocate
6) Procedure for elections of members of Bar council
7) Role of Bar in strengthen Bar-Bench Relation
8) Procedure followed by committee of state bar council for
disciplinary actions

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Question No. 1: Functions of the State Bar Council

The Section 3 of the Advocate Act, 1961 prescribes for Bar Council for States, as per which,
Constitution of Bar Council is as follows:
Sr No. No of Advocates No of Members
1 If the number of Advocates in the state roll < 15
5000
2 If the number of Advocates between 5000 to 20
10,000
3 If the number of Advocates in the state roll > 25
10,000
4 Advocate General of State Ex- officio member

Members are elected by the Advocates whose names are there in the state roll by a single
transferrable vote. The members hold office for a period of 5 years.
FUNCTIONS OF STATE BAR COUNCIL:

The Section 6 of the Advocate Act, 1961 prescribes following functions of the State Bar
Council:
A. Relating to Advocate:

1. To admit persons as advocates on its Roll

2. To prepare and maintain such Advocates roll.
3. To protect the rights, privileges & interests of the Advocates.
4. To entertain & determine cases of misconduct against Advocate on Roll

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 B. Relating to Administration
1. To provide for the election of its members;

2. To constitute-
(i) Executive committee,
(ii) Enrolment committee,
(iii) Disciplinary committee,
(iv) Legal aid committee etc.

3. Take disciplinary action for professional misconduct.

C. Fund utilization for Legal Reform / Law Education:

1. To manage & invest the funds of the Bar Council.

2. To give financial assistance to implementation of the welfare scheme
3. To legal Aid or advice
4. Encourage law reforms. For this purpose it organize seminars, talks of eminent
Jurists and publish journals.
5. Prepare legal aid programmers and allot separate funds for the implementation
of such schemes
6. Prepare Schemes for helping the poor Advocates and allot separate funds for
the implementation of such schemes
7. To visit and inspect Universities / Grant recognition to the law colleges
8. Establishing Law Libraries

 Do all other acts which are necessary for the effective implementation of the above
said functions of Bar Council

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Question 2: Write the powers of the State Bar Council

As per the Section 3 and 15 of the Advocate Act, 1961,

1. State Bar Council is a Body Corporate

2. It has a common seal and perpetual succession.
3. State Bar Council has powers to make rules (Section 15) to carry out the
functions of the State Bar council
4. It can do the things in its own name - Buying and selling properties, Entering
into agreements, Filing cases etc.
5. Transfer the name of the Advocate from one state roll to another state roll on
his application.
6. It can constitute executive committee, disciplinary committee, legal aid
committee etc.
7. Summoning and holding of meetings of the Bar Council
8. The election of members of the Bar Council by secret ballot including the
conditions subject to which persons can exercise the right to vote by postal
ballot
9. Constitution of one or more funds by a Bar Council for the purpose of giving
financial assistance
10. A State Bar Council may receive any grants, donations, gifts or benefactions
for all or any of the purposes

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Question 3: Functions of Bar Council of India (BCI)

The Advocate Act, 1961 at Section 4, prescribes Constitution of Bar Council of India:
Sr No. Member Details, if any

1 One member from each State Bar Councils. He will be elected by the members
of the respective State Bar
Councils.
2 Attorney General of India Ex Officio member.

3 Solicitor General of India Ex officio member.

The council elects its chairman and vice-chairman for two years from amongst its members.

FUNCTIONS OF BAR COUNCIL OF INDIA:

As per section 7 of Advocate Act, 1961, functions of the Bar Council of India are as follows:

A. Relating to Advocates:

1. To lay down standards of professional conduct and etiquette for advocates

2. Protect the rights and the privileges of the Advocates.
3. Allow the persons studied abroad to practice in India.

B. Relating to Administration / Framing of Rules:

1. Frame the rules for Professional ethics of Advocates

2. Disciplinary committee of the State Bar Councils and the Bar Council of India
– Frame their rules & procedure
3. Conduct elections for the purpose of electing its members.
4. Spend the Funds of the Bar Council of India for the proper purposes.

C. Relating to State Bar Council:

1. Supervise the functions of the State Bar Council

2. Decide the dispute relating to professional misconduct of cases, transferred
from Disciplinary Committee State Bar Council to Bar Council Of India
3. Decide the appeal against the disciplinary committee of the State Bar
Council

D. Fund utilization for Legal Reform / Law Education:

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 1. To manage & invest the funds of the Bar Council.
2. To give financial assistance to implementation of the welfare scheme
3. To legal Aid or advice
4. Encourage law reforms. For this purpose it organize seminars, talks of eminent
Jurists and publish journals.
5. Prepare legal aid programmers and allot separate funds for the implementation
of such schemes
6. Prepare Schemes for helping the poor Advocates and allot separate funds for
the implementation of such schemes
7. To visit and inspect Universities / Grant recognition to the law colleges
8. Prescribe the syllabus of the law course in consultation with the State Bar
Councils and the universities.
9. Establishing Law Libraries

Do all other acts which are necessary for the effective implementation of the above
said function.

The Bar Council of India may receive any grants, donations, gifts or benefactions for
all or any of the purposes

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Question No. 4: Write Functions of Bar Council of India dealing with Disciplinary
Proceedings

The Advocate Act, 1961 (Section 9) - A Bar Council shall constitute one or more
disciplinary committees, each of which shall consist of three (3) persons.

Elected Members 2 members elected from Bar Council of India

Co-opt member 1 member as Advocates Representative

Under Advocate Act, 1961 (Section 36), the State Bar Council has Disciplinary powers.

 The DC of the BCI is a body responsible for addressing cases of professional

misconduct among advocates. I
 It investigates complaints, gathers evidence, and holds hearings to determine
disciplinary action.
 After receipt of complaint, if the Bar Council of India has reason to believe the
substance in the complaint, shall refer the case for disposal to its disciplinary
committee.

FUNCTIONS OF DC:

1) Summoning and Examination:

DC can summon and enforce the attendance of any person and examine them on oath.
This facilitates investigation and gathering of evidence during disciplinary
proceedings.

2) Discovery and Production of Documents:

DC can require the discovery and production of any documents relevant to the
inquiry. This ensures transparency and access to evidence necessary for a fair
decision.

3) Receiving Evidence on Affidavits:

Evidence can be submitted to the committee in the form of affidavits, facilitating a
streamlined process of evidence presentation.

4) Requisitioning Public Records:

DC is empowered to requisition any public record or copies from any court or office.
This authority aids in accessing official records pertinent to the inquiry.

5) Issuing Commissions:
DC can issue commissions for the examination of witnesses or documents, allowing
for a comprehensive investigation into the allegations.

6) Miscellaneous Powers:
DC may exercise any other powers as may be prescribed, enabling it to adapt to the
evolving needs of disciplinary proceedings.

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Case Laws:

(Allahabad Bank Vs. Girish Prasad Verma)

Allahabad Bank filed a complaint against its advocate, Girish Verma, alleging
misappropriation of court fees paid for two suits. The Uttar Pradesh Bar Council’s disciplinary
committee found Verma guilty and ordered his removal from the state bar council’s roll,
emphasizing the noble conduct expected from legal professionals.

( Rajendra Pai Vs. Alex Fernandes)

Advocate Alex Fernandes, involved in a land acquisition case, was found guilty of withdrawing
compensation funds under false pretences. The disciplinary committee initially ordered his
permanent removal from the bar council rolls, later modified by the Supreme Court to a seven-
year suspension, citing disproportionality of punishment.

Conclusion:

 DC of the Bar Council of India plays a crucial role in upholding the integrity and ethical
standards of the legal profession. By conducting fair and impartial inquiries into
allegations of professional misconduct, the committee ensures accountability among
advocates and maintains public trust in the legal system.

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Question No. 5: Explain Bar council standard code of conduct for advocate

 S.49 (I) (C) of the Advocates Act, 1961, empowers the bar council of India to make
rules prescribing the standards of professional conduct and etiquette to be observed by
the advocates.
 The rules made by the Bar council shall come into effect only when it is approved by
the Chief justice of India.
 Bar Council of India has made several rules prescribing the standards of professional
conduct and etiquette for the advocates.

These rules are broadly called as professional ethics. These rules specify:
1) Duties of an Advocate to the court,
2) Duties of Advocate towards client,
3) Duties towards opponent and colleagues etc.

DUTIES TOWARDS COURT

A. Relating to appearance/ conduct:

1. An advocate shall, at all times, conduct himself in a manner befitting his status
as an officer of the Court, a privileged member of the community, and a
gentleman,

2. He shall appear in the court in the prescribed dress and his appearances shall
always be presentable. He shall not wear bands or gown in the public places
.
B. Relating showing Respect to Court:

1. An Advocate shall show due respect to the court and shall never act in any
manner to undermine the confidence in the judiciary.
2. He shall not exert or attempt to exert any personal influence on the decision of
the court. He shall give any impression that he possesses personal influence with
the judge.
3. He shall not practice before a judge, if he is related to him.
4. He shall not speak ill of judges or use abusive remarks about them.
5. He shall not communicate privately with the judges to influence them relating
to any pending case.
6. He shall be always punctual in attending courts in the prescribed dress
7. He shall be fair and frank in the court proceeding
8. He shall not include any false facts in the pleadings, petitions or affidavits
9. He shall not ask for any adjournment of a case without genuine reasons.
10. He shall not interrupt when the counsel for the other side or the judge is
speaking.
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C. Regarding conflict of interest:

1. He shall not act or plead in any matter in which he has pecuniary (monetary)
interest.
2. He shall not appear for any organization, institution, society or corporation if he
is the member of the executive committee of such organization, institution,
society or corporation.

DUTY TOWARDS CLIENTS:

A. Relating to acceptance of case / Appearing:

1. An Advocate is bound to accept a case in the courts or tribunals where he is
normally practicing.
2. He shall not accept a case, wherein, he has reason to believe that he will be
called as witness. If he already engaged in a case, where he is witness then, he
should return the case.
3. He shall not refuse to appear for an accused person merely because in his
personal opinion- the accused has committed the offence.
4. He shall not withdraw from a case:
i. Which he has already accepted without sufficient reasons.
ii. From the case merely because his fee has not been paid in full.
iii. From the case only after giving a reasonable notice to his client.
iv. After his withdrawal he must refund such part of the fees which is in
excess in his hand.

5. He must make full and frank disclosures to his client relating to his connection
with the parties and his interest
6. An Advocate, as a prosecution counsel, shall be fair and shall not conduct the
prosecution with hostility to the accused to secure conviction.

B. Relating to safeguarding interest of Client:

1. He should act at the instructions of his client and not at the instruction of any
other person.
2. He should fearlessly uphold the interest of his client by fair and honorable
means without the fear of any pleasant consequences to himself or to any other
person.

C. Relating to fees/ transparency/ accountancy:

1. He shall not stipulate a fee based on success of the case or agree to share
the proceeds of the litigation
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 2. He shall not buy or agree to share the interest of the litigation.
3. He should keep regular accounts of the clients money entrusted to him.
The account should show the particulars of the amount received from the
client and the expenses incurred for him.
4. He should maintain separate accounts for the amount received for the fees
and for the expenses. The amount received for the expenses shall not be
converted
5. Where any amount received on behalf of the client (either from the court
or from any other person) it should be intimated to the client as early as
possible.
6. If the Advocates fee is left unsettled, he shall take a reasonable fee from
the client’s money in his hand, after the proceedings are over.
7. A copy of the clients account shall be furnished to him on demand.
8. He shall not convert the client’s money in his hand as loan given to him by
the client.
9. He shall not lend money to his client for the purpose of any legal
proceeding in which he is engaged as the lawyer

D, Relating to conflict of interest:

1. An Advocate who has advised or prepared the pleadings or appeared for a

party in any suit or appeal shall not act, appear or plead for the opposite
party.
2. He shall not directly or indirectly bid or purchase in his own name or in
any other name any property sold in execution of a decree in which he was
engaged as a lawyer.

DUTY TOWARDS OPPONENT PARTY:

1. Advocate shall not in any way communicate or negotiate upon the subject matter of
dispute with the opposite party directly.

2. Advocate shall do his best to carry out all legitimate promises made to the opposite
party.

3. He shall not use unfair and malicious tactics against the opponents

4. He shall not make baseless attacks on the reputation of the opponent or his witness or
unduly harass them.

5. He may make concessions to the convenience of the opponent and his lawyer in fixing
the date of trial.

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 DUTY TOWARDS PROFESSION:

A. Relating to conduct:
1. An Advocate shall not speak ill of the profession. He should conduct himself in
such a way to enhance respect, sympathy and good feeling between the
members of the profession
2. He must appear in robes in the court proceedings. He shall not wear robes or
gown in public places except on ceremonial occasion.
3. He shall not entertain or show any undue hospitality to any particular judge.
4. He shall not act or plead in his professional capacity before any officer of the
state

B. Relating to seeking cases:

1. He shall not in any way solicit cases by advertisement or otherwise.

2. He shall not discuss in the newspapers any pending case or appeal.
3. He shall not appoint intermediaries for procuring cases and divide the fees between
them or pay commission to them for such work.

C. He can’t do other salaried job/ Business:

1. He shall not act as a managing Director or a secretary of a company without

the leave of the Bar Council.
2. He shall not work as a full time salaried employee.
3. He shall not do any other business. An advocate who inherits any family
business may continue it, but he should not personally participate in the
management of the business.

DUTY TO RENDER LEGAL AID

1. In the interest of Justice, the lawyers must actively participate in the legal and
aid programs and give free legal services to the poor and the needy people. This
is one of the important duty an Advocate ows to the society.
2. If a lawyer personally knows that his client is unable to pay because of poverty
then he must represent the case without demanding any fees from him.
3. Lawyers shall co-operate and actively participate in organizing Lok Adalats and
Legal Aid programs and conciliation proceedings

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 DUTY TO SELF

Legal profession is the noble profession. The degree of standard expected from the
lawyer with respect to his knowledge, skill and ability is so high.
1. An Advocate must develop the habit of systematic study of law and acquire
up-to-date knowledge in law.
2. He shall exercise prudence, diligence and judiciousness in all his activities.
3. He shall never be a party to anything which he known to be wrong.
4. He shall not stir up litigations.
5. He should discourage vexations (groundless) litigation.
6. He shall encourage compromise between the parties.
7. HE shall not indulge in any act which amounts to professional misconduct.
8. He should not do any act which amounts to contempt of the court.

DUTY TO COLLEAGUE

1. An Advocate shall not enter appearance in any case in which there is already an
Advocate.
2. He shall not in any way solicit cases by advertisement or otherwise.
3. He shall not allow his name to be used by some other person, for unauthorized
practice of law.
4. He shall not accept a fee less than the fee chargeable under law.

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Question No. 6: Explain Procedure for elections of members of Bar council of India

Election of Members of Bar Council (Section 4, 14 of Advocate Act, 1961)

The election of a member of the Council shall be conducted by the Secretary of the State
Council who shall act as the Returning Officer.

STEP 1: Secretary of the State Council (Returning Officer), shall send a Notice, fixing
a date for the election of a member to the Council.
Notice shall be sent not less than 15 clear days before the date fixed for the
election.

STEP 2: Name of each candidate for the election shall be proposed by one member and
seconded by another member of the State Council at the meeting. No member
shall propose or second more than one name
Any nominated candidate can withdraw before the voting takes place.

STEP 3: If the number of candidates duly nominated is more than one, there shall be an
election by secret ballot.

STEP 4: Returning Officer shall provide voting papers with the names of the candidates
typed. Each voting paper shall bear the signature of the Returning Officer.
A voter in giving his vote shall place in his voting paper the mark against the
name of the candidate of his choice.

The voting paper shall not be signed by the voter and in the event of any erasures,
obliterations or alterations in the voting papers shall be deemed to have been defaced. Such
Vote shall not be taken into account for the purposes of the election.
STEP 5: The candidate securing the largest number of the votes shall be declared
elected by the Returning Officer
In the case of two more candidates securing an equal number of votes, the
Returning Officer shall decide the election by drawing lots.
STEP 6: Immediately after he declaration of the result, the Returning Officer shall put
the ballot papers used for voting in the election in a separate cover, have the
cover closed and sealed with his signature

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STEP 7: The result of the election shall be communicated forthwith to the Secretary of
the Council and sent to the State Gazette or Gazettes concerned for
publication.

In case of Dispute in Elections:-

i. In case of a dispute arising out of the election, any of the contesting candidates, or any
other member of the State Council, may challenge the election by a petition. Such
Petition shall be filed with, or despatched by registered post to the Secretary of the
Council within 10 clear days of declaration of result
ii. The Council may reject any petition if, in its opinion- there is no prima facie case
iii. If the Council is of the opinion that there is a prima facie case, either the council or a
Committee of the Council comprising not more than 3 members of the Council
constituted therefor shall hear all parties and determine the dispute
2. Election of Chairman and VC
1. The election of the Chairman and Vice-Chairman shall be held at a meeting of the
Council.
2. The name of the candidate for the election shall be proposed by one member and
seconded by another member at the meeting.
3. If the number of candidates duly nominated is more than one, there shall be an
election by secret ballot.
4. The Secretary shall provide voting papers with the names of the candidates. Each
voting paper shall bear the signature of the Secretary.
5. A voter in giving his vote shall place on his voting paper a mark against the name of
the candidate of his choice.

The member securing the largest number of votes shall be declared elected. In the case of two
or more members securing an equal number of votes, the Chairman of the meeting shall
decide the election by drawing lots.
Thus,
Constitution of Bar Council of India (Section 4)
Sr Member Details, if any
No.
1 One member from each State Bar He will be elected by the members
Councils. of the respective State Bar
Councils.
2 Attorney General of India Ex Officio member.

3 Solicitor General of India Ex officio member.

The council elects its chairman and vice-chairman for two years from amongst its members.

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Question No. 7: Explain Role of Bar in strengthening Bar-Bench Relation

 The Court hall where cases are conducted consists of two parts namely:
(i) The place where the judges sit is called as Bench
(ii) The place where the Advocate sit is called as Bar.

 Term `Bench‟ refers to the judges and the `Bar‟ refers to the Advocates. Bar-Bench
relation means the cordial relation between the judges and the Advocates.

 Only when Bar-Bench relations are strengthened, people will get confidence and fair
on the Judiciary.

 If good relation exists between exists between the judges and Advocates then delay in
rendering justice and high expanses for getting justice can be very much reduced.

Role of Advocates-

In the Administration of justice the role of Advocates are also equally important just like the
judges. Rendering justice is their joint responsibility. Without the help of Advocates, it is very
difficult for the judges to arrive a correct decision in a dispute.

To strengthen the Bar-Bench relation, the Advocates must take the following steps:
.
1. They should give the due respect to the judges and they must avoid speaking ill of
the judges and the judiciary.

2. They should help the judges in the trial of the cases by presenting the relevant law
in the correct and clear manner. They should never act in such a way to irritate the
judges.

3. If the judges pronounces a wrong order, they should not criticize the judges. They
should try to set right the wrong order through appeal.

4. For getting favourable order they should not give pressure or influence the judges.

5. If the judges behaviour is irritating and disrespect to the Advocates should not
enter in to a direct confrontation with the judge. Through the Bar Association the
matter should be discussed with the judge in his chamber and shall request to
avoid such misbehaviour.

To strengthen Bar-Bench relation, at regular intervals meeting of judges and the

Advocates shall be arranged. In such meetings the respective sides difficulties can be
discussed and the differences can be sorted out.

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Question No. 8: Procedure followed by Committee of State Bar Council for
Disciplinary actions

Advocates Act empowers the state Bar Councils to constitute one or more Disciplinary
Committees (Section 9)
Each Disciplinary Committee shall consists of 3 members-
i. Two (2) shall be selected from the members of the Bar Council
ii. One shall be selected from the Advocates who are having more than 10 years of
standing in profession.

Among the three members the senior most in the profession shall act as the chairman of the
committee.
Power of DC:
Disciplinary Committee of the State Bar Council shall have the same powers same like the
civil court under the C.P.C:
1. Summoning and enforcing the attendence of any person and examining him on oath.
2. Requiring discovery and production of any documents.
3. Receiving evidence on affidavit.
4. Requiring any public record or copies of any record from any court or office.
5. Issuing commissions for the examinations of witness or documents.

All the proceedings before the Disciplinary Committee of a Bar Council shall be deemed to a
judicial proceedings within the meaning of S.193 & 228 of I.P.C and every such disciplinary
Committee shall be deemed to be a civil court.
Procedure followed by DC in Disciplinary actions:
(Section 35)

STEP 1: On perusal of the complaint, if the Bar council is satisfied that it is a fit case
for enquiry then the complaint shall be referred for enquiry to the Disciplinary
Committee

STEP 2: DC shall fix a date for enquiry and shall send notice to the concerned
Advocate and the Advocate General of the State.

STEP 3: Advocate charged with the professional misconduct shall appear in person or
through the Lawyer. Similarly, the Advocate general also appear in person or
through a lawyer.

STEP 4: DC should complete the enquiry proceedings within one year from the date of
receipt of the complaint.

Due to any reason, if the enquiry was not completed within one year then,
the matter should be referred to the Bar Council of India for its disposal.

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STEP 5: After the enquiry, due to the lack of majority opinion or otherwise if the
Disciplinary Committee was unable to take a final decision then,
 They shall seek the opinion of the chairman of the bar council and
shall pass the final order following his opinion.

(NOTE: Powers of the BCI is more or less same as that is of State Bar Council.
Procedure of DC for holding inquiry is also same)

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Group II: Advocate and Advocacy related Questions (6)
1) Provisions for Enrolment of advocate (sec 24 of AC act 1961)
2) Disqualification of Enrolment under sec 24A
3) Advocate Rights of Practice
4) Duty of Advocate to court and to clients
5) Need of Accountancy for lawyers
6) Seven (7) Lamps of Advocacy

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Question No. 1: Provisions for Enrolment of Advocate (sec 24 of AC act 1961)

Advocate Act, 1961 (Section 24) prescribes certain provisions for enrolment of advocates:
1. He must be a citizen of India.
2. He must have completed 21 years of age.
3. He must have passed 3 years law course (regular study from the university after
graduation) or 5 years integrated Law course after 10 +2. If the law degree is from
any Foreign University then it must be a recognized degree, for the Advocates Act by
the Bar Council of India.
4. He should pay an enrolment fee as may be prescribed by the State Bar Council.
5. He must fulfill such other conditions as may be prescribed by the State Bar Council
for the purpose of enrolment.

No upper age limit for enrolment is fixed in the Advocates Act. So, after 21 years at any age
one can enrol as an Advocate.

Case Law:
In Sudeer v. Bar Council of India, Supreme Court held that Bar Council cannot make rules
prescribing qualification for the enrolment. Qualifications are already prescribed in the
Advocates Act.

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Question No. 2: Disqualification of Enrolment under sec 24A

Advocate Act, 1961 (Section 24A) prescribes certain provisions for Disqualification for
Enrolment of advocates:
1. A person convicted for an offence involving moral turpitude.
2. A person convicted for an offence under untouchability (offences) Act, 1955.
3. Person dismissed or removed from government service on any charge involving moral
turpitude.

 There is no disqualification for a person found guilty in the above said cases
and who has been given benefit under the provisions of the Probation of
Offenders Act, 1958.
 The disqualification ceases to have effect after the period of two years of his
release from jail or dismissal from service.

4. Person cannot be permitted to carry on other profession along with legal profession. So,
a person with a law degree is carrying on the other profession is disqualified to enrol as
an Advocate

Case Law:
(Sathish Kumar Sharma V. Bar Council of Himachal Pradesh, Court held that, A full time
salaried law officer is not entitled to enrol as an Advocate

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Question No. 3: Write on Advocate Rights of Practice

The Advocate Act, 1961 (Section 29 & 30) prescribes the Rights of Advocate to
practice:

1) Advocate is the only recognized class of persons entitled to practice Law (S. 29)

2) Every advocate whose name is entered in the State Roll shall be entitled to Right to
Practise throughout the territories as follows:
 In all courts including the Supreme Court
 Before any tribunal or person legally authorised to take evidence
 Before any other authority or person before whom such advocate is entitled to
practise, under law

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Question No. 4: Duty of Advocate to COURT and to CLIENTS

 S.49 (I) (C) of the Advocates Act, 1961,empowers the bar council of India to make
rules prescribing the standards of professional conduct and etiquette to be observed by
the advocates.
 The rules made by the Bar council shall come into effect only when it is approved by
the Chief justice of India.
 Bar Council of India has made several rules prescribing the standards of professional
conduct and etiquette for the advocates.
These rules are broadly called as professional ethics. These rules specify:
4) Duties of an Advocate to the court,
5) Duties of Advocate towards client,
6) Duties towards opponent and colleagues etc.

DUTIES TOWARDS COURT

D. Relating to appearance/ conduct:

3. An advocate shall, at all times, conduct himself in a manner befitting his status
as an officer of the Court, a privileged member of the community, and a
gentleman,

4. He shall appear in the court in the prescribed dress and his appearances shall
always be presentable. He shall not wear bands or gown in the public places
.
E. Relating showing Respect to Court:

11. An Advocate shall show due respect to the court and shall never act in any
manner to undermine the confidence in the judiciary.
12. He shall not exert or attempt to exert any personal influence on the decision of
the court. He shall give any impression that he possesses personal influence with
the judge.
13. He shall not practice before a judge, if he is related to him.
14. He shall not speak ill of judges or use abusive remarks about them.
15. He shall not communicate privately with the judges to influence them relating
to any pending case.
16. He shall be always punctual in attending courts in the prescribed dress
17. He shall be fair and frank in the court proceeding
18. He shall not include any false facts in the pleadings, petitions or affidavits
19. He shall not ask for any adjournment of a case without genuine reasons.
20. He shall not interrupt when the counsel for the other side or the judge is
speaking.

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F. Regarding conflict of interest:

3. He shall not act or plead in any matter in which he has pecuniary (monetary)
interest.
4. He shall not appear for any organization, institution, society or corporation if he
is the member of the executive committee of such organization, institution,
society or corporation.

DUTY TOWARDS CLIENTS:

D. Relating to acceptance of case / Appearing:

7. An Advocate is bound to accept a case in the courts or tribunals where he is
normally practicing.
8. He shall not accept a case, wherein, he has reason to believe that he will be
called as witness. If he already engaged in a case, where he is witness then, he
should return the case.
9. He shall not refuse to appear for an accused person merely because in his
personal opinion- the accused has committed the offence.
10. He shall not withdraw from a case:
v. Which he has already accepted without sufficient reasons.
vi. From the case merely because his fee has not been paid in full.
vii. From the case only after giving a reasonable notice to his client.
viii. After his withdrawal he must refund such part of the fees which is in
excess in his hand.

11. He must make full and frank disclosures to his client relating to his connection
with the parties and his interest
12. An Advocate, as a prosecution counsel, shall be fair and shall not conduct the
prosecution with hostility to the accused to secure conviction.

E. Relating to safeguarding interest of Client:

3. He should act at the instructions of his client and not at the instruction of any
other person.
4. He should fearlessly uphold the interest of his client by fair and honorable
means without the fear of any pleasant consequences to himself or to any other
person.

F. Relating to fees/ transparency/ accountancy:

1. He shall not stipulate a fee based on success of the case or agree to share
the proceeds of the litigation
23
 2. He shall not buy or agree to share the interest of the litigation.
3. He should keep regular accounts of the clients money entrusted to him.
The account should show the particulars of the amount received from the
client and the expenses incurred for him.
4. He should maintain separate accounts for the amount received for the fees
and for the expenses. The amount received for the expenses shall not be
converted
5. Where any amount received on behalf of the client (either from the court
or from any other person) it should be intimated to the client as early as
possible.
6. If the Advocates fee is left unsettled, he shall take a reasonable fee from
the client’s money in his hand, after the proceedings are over.
7. A copy of the clients account shall be furnished to him on demand.
8. He shall not convert the client’s money in his hand as loan given to him by
the client.
9. He shall not lend money to his client for the purpose of any legal
proceeding in which he is engaged as the lawyer

D, Relating to conflict of interest:

3. An Advocate who has advised or prepared the pleadings or appeared for a

party in any suit or appeal shall not act, appear or plead for the opposite
party.
4. He shall not directly or indirectly bid or purchase in his own name or in
any other name any property sold in execution of a decree in which he was
engaged as a lawyer.

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Question No. 5: Need of accountancy for lawyers

 This systematic recording of transactions is known as accounting. It is a legal duty

Since legal profession is a trade, lawyers are under duty to maintain systematic
accounts relating to the profession
 The basic purpose of accounting is to present a complete financial picture of the
Advocates profession. This can be done with the help of two financial statements like
(i) Profit and loss account and
(ii) Balance sheet showing the assets and liabilities.
 It is necessary to maintain proper accounts to calculate the following:
a) Annual Income
b) Income Tax
c) Professional Tax
d) Amount due to the client or amount due by the client.

a) To calculate the annual income:

 To calculate the annual income of the Advocate from the legal profession, it is
necessary to maintain proper accounts of his income from the profession.
 By knowing his Annual Income , he can take steps to improve his profession.

b) To Calculate income Tax:

 Advocates are liable to Pay Income tax for the income derived from the profession
 In order to calculate the amount payable as income tax, he has to maintain proper
accounts relating to his income and expenditure.
 To calculate the taxable income he is entitled to deduct certain expenditure like rent,
salary, telephone bill and other administrative expenditure.
 For that proper maintenance of accounts book is must

c) To calculate professional tax

 Every six months the advocates are liable to pay professional tax to the Government.
 The amount of professional tax varies depending on the income.
 In order to calculate the amount of professional tax he has to maintain the proper
accounts.

d) To Ascertain the amount due from the client or due to the client

 The account relating to the amount received from the client and the amount received
on behalf of the client from others or from the court should be properly maintained.
 Then only the amount due from the client can be calculated. This will help not only
the client but also the Advocate.

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Question No. 6: Explain 7 lamps of Advocacy

Justice, Abbot Parry, qualifies the following qualities as “Seven Lamps of Advocacy”.
(i) Honesty
(ii) Courage
(iii) Industry
(iv)wit,
(v)Eloquence,
(vi) Judgement and
(vii) Fellowship.

1. HONESTY
 Honesty is the most important quality that an advocate should possess.
 His thoughts words and deeds should have sincere co-relation to each other with
genuineness
 An Advocate should be dependable reliable to everyone who seeks his advise
and services
 Honest, upright and integrity of advocate would bring him reputation and
respected in society

2. COURAGE
 It is the duty of an Advocate to fearlessly uphold the interest of his client by all fair
means without fear of any unpleasant consequences to himself or any other person.
 Knowledge and the skill of the Advocate that gives him the necessary courage and
confidence to present the case fearlessly and to uphold the interest of the client.
 Knowledge and the skill can be acquired and developed by mastery of facts, mastery
of laws, mastery in drafting and presentations of convincing arguments

3. INDUSTRY:
 It means hard work. Hard works is absolutely necessary for an Advocate.
 His knowledge of law should be up to date. He shall never be ignorant of the
current law in force. He shall get acquainted with the latest law by systematic
study
 If one ignores the law, the law will also ignore him.

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4. WIT:
 Judges and lawyers have to deal with a variety of serious and important matters
affecting life and liberty of the people
 Anxiety for a favourable verdict on the part of the lawyers; and perpetual worry for
the pursuit of the truth on the part of the judges generate strain and tension.
 Occasional wit and humour, provoking a smile or laughter will help them to ease the
tension,

5. ELOQUENCE
 Eloquence means the fluency, force and style of using the language. Strong
vocabulary is one of the powerful weapon which an Advocate should posses. Words
are his keys of thoughts.
 Strong vocabulary gives him assurance, build his self confidence and build his
personality.
 Art of persuasive and impressive speaking will give the desired result in his favour.

6. JUDGEMENT:
 It means the ability to come to a sensible conclusion and make wise decisions at the
relevant time in the proper way
 An Advocate must always anticipate all the possible moves of the other side and must
develop the necessary presence of mind , alertness and tact to cope with any awkward
situation of difficulty that may arise in the case.

7. FELLOWSHIP:
 In legal profession, one Advocate fights with another Advocate for justice before the
learned judge.
 There may be controversies and contradictions in their contention relating to the case,
but that shall never affect the fellowship. The Advocates should refer the opposite
party‟s Advocate as “Learned Friend” and the judge should be referred as “Learned
Judge”
 In order to maintain the fellowship, the Bar Council of India has laid down certain
rules to be observed as the duty to colleagues.

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Group III: Contempt of Court Related Questions
1. What is contempt of court and defence available
2. what is kinds and classification of contempt you court
3. Punishment and remedies in contempt of court
***************************************************************************

Question No. 1: What is contempt of court and defence available:

The term “Contempt of Court” is difficult to define it by words, because the scope of
contempt of court is very wide. Contempt means

(i)Any disrespect to the authority of law.

(ii) Disobedience of the order of the court.
(iii) Disturbance to the proceedings of the court.

 The main object of the contempt of court Act is to protect the dignity and
decorum of the court and to uphold the majesty of law.
 The object is not to protect the judges from criticism.
 By providing punishment for contempt of the court the ability to deliver
fearless and impartial justice is strengthened.
Following are the types of contempt

(i) Civil contempt and

(ii) Criminal contempt.

A. Defences available in Civil Contempt:

1. Disobedience of the Order is Not Wilful

If the disobedience of the order is accidental or which is not willful then it‟s a
good defence

2. Order Passed Without Jurisdiction:

If the order passed by the court is without jurisdiction then the disobedience or
violation of such order cannot be treated as contempt of court.
An order passed without jurisdiction is void

3. Order Disobeyed is Vague or Ambiguous:

28
 An order is treated as vague if it is not clear, specific and complete. For
violation of such order contempt proceedings cannot be taken.

4. Order Involves More than One Reasonable Interpretation:

5. If the order of the court involves more than reasonable interpretation, and one
interpretation is adopted by the party and acted in accordance with such
interpretation then he cannot be held liable for contempt of court

6. Compliance with the Order is Impossible

Impossibility means that the implementation of the order is practically not
possible .impossible is different from mere difficulty. Mere difficulty is not a
defence. The person charged with contempt must prove the impossibility of
compliance with the order.

7. No knowledge of the order:

Person cannot be held liable for civil contempt, if he has no knowledge about
the order. If he has knowledge about the order, through it is not officially
communicated to him, then he cannot put this defence for violation of the
order.

B. Defences available in Criminal Contempt:

1) Innocent Publication
A person shall not be guilty of contempt of court if he had made any
innocent publication of any matter pending before a court without knowing
that the mater is pending a court.

2) Publication Relating to a Decided Case:

Publication about the decided case is not a contempt since the case is
already decided by the court, the publication is not going to interfere with
the disposal of the case

3) Distribution of publication without knowing that it contains contempt of

court Matter

If a person distributes and publication without knowing that it contains

contempt of court matter then it cannot be treated as contempt. If the
publication does not contain the name and address of the Author, publisher
and printer then this defence cannot be used by the person distributing
such publications.
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4) Fair and Accurate Reporting of Judicial Proceedings
Fair and accurate reporting of judicial proceedings is not a contempt.

5) Fair Criticism of Judicial Act:

Proper and fair comment on a decision is not a contempt of court.
Criticism is permitted to the extent where it does not interfere with the
administration of justice. So, it is open to any one to express fair,
reasonable and legitimate criticism of a judicial decision.

6) Bonafide Complaint against the Presiding Officers of a subordinate

court:

A bonafide complaint made in good faith against the presiding officer of a

subordinate court to the higher authorities, who have control over such
subordinate court, is not a contempt.

7) No Substantial Interference with the Administration of Justice:

It means an act which is technically a contempt but such act does snot
substantially interfere with the administration of justice. For such acts no
punishment is awarded

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Question No. 2: What is kinds and classification of contempt of court

Following are the types of contempt:

(A) Civil contempt and

(B) Criminal contempt.

(A) Civil Contempt:

Section 2(b) of Adv Act, 1961 defines the Civil Contempt, which means:

(i) Willful disobedience to any judgemaent, decree, direction, order, writ

or other process of a court; or
(ii) Willful breach of an undertaking given to a court.
Role of Jurisdiction:
For taking action for civil contempt on the ground of willful disobedience of court
order, it should be established that the court which has passed the order has
jurisdiction to pass such order. Disobedience of an order passed without jurisdiction is
not a Contempt must prove that the court has no jurisdiction
Wilful breach of undertaking:

A willful breach of an unconditional undertaking given orally or in writing either in

person or through his Advocate will be treated as civil contempt.

(B) Criminal contempt:

Section 2(C) of Adv Act, 1961 defines the Criminal Contempt, which means:

(i) Publication of any matter (by words, spoken or written, or by signs or by visible
representation or otherwise.)
(ii) Doing of any other act which
(a) Scandalises or tends to scandalide, or lowers or tends to lower the authority of
any court; or
(b) Prejudices or interferes or tends to interfere with the due course of judicial
proceeding; or
(c) Interferes or tends to interfere with, or obstructs or tends to obstruct the
Administration of justice.

Publication means publishing something orally or in writing through news paper,

pamplets, radio, television or cinema. conversation between two persons cannot be
treated as publication

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Question No. 3: Punishment and Remedies in Contempt of Court

Following are the types of contempt:

(A) Civil contempt and

(B) Criminal contempt.

Punishment in Contempt:

Advocate Act, 1961 (Section 12) prescribes certain punishments in Civil Contempt:
(i) Simple imprisonment for a term which may extend to 6 months.
(ii) Fine which may extend to Rs.2000/-.
(iii)Both the punishment ie., Imprisonment and fine together.

Punishment is same for the civil as well as the criminal contempt.

 According to S.12(2), For contempt of court any one of the above mentioned
punishment alone can be given and not any other punishment alone can be given and
not any other punishment

 [Delhi Judicial Services Association v. State of Gujarat ], Supreme Court held

punishment not mentioned in S.12 can also be given for contempt of court.

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Group IV: Ethics, Etiquette and professional conduct related questions
1) Distinguish between ethics and etiquette. What is professional
misconduct
2& 3) Distinguish between Professional Ethics and professional
Etiquette
4) Punishment and remedies for professional misconduct
***************************************************************************

Question No. 1: Distinguish between ethics and etiquette. What is professional

misconduct

ETHICS:
 Word, “ethics‟ derived from the Greek word, “ethos‟.
 It means the habitual mode of conduct.
 Ethics is a branch of social science and philosophy which deals with principals of
morality in the particular subject area
 General principal underlying is a sense of right & wrong, Good & Evil

ETIQUETTE:
 The term etiquette is slightly different from the term ethics.
 It refers to the pattern of behaviour, mannerism and the mode in which the person is
required to conduct himself.
 It springs from the long habit and custom. Etiquette consists of the following elements
namely, elegance, dignity and decency.

PROFESSIONAL MISCONDUCT:
 Misconduct means dereliction of duty. Professional misconduct means dereliction of
duty relating to Legal profession.
 Under S.35 of the Advocates Act, An Advocate is punishable not only for
professional misconduct but also for other misconduct.
 Professional misconduct arises as a result of serious dereliction of duties to the court,
to the client, to the opponent, to the colleagues, to the profession, to the public etc.

Following are some of the instances of professional misconduct:

A. Negligence/ Wrongful Behaviour:

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1. Refusing to accept a case without justification.
2. Attending court proceedings in drunken state
3. Gross negligence involving moral turpitude
4. Failure to attend the trial.
5. Committing crimes.
6. Financing litigation.
7. Approaching investigative officers for favour during investigation of a case
8. Indecent cross examination
9. Abstaining from appearing in court on the ground of strike called by the Bar
association.

B. Relating to Client
1. Taking advantage of the ignorance and illiteracy of the clients
2. Giving wrong advice to the client.
3. Obtaining client‟s signature on blank papers
4. Taking money from the client for the purpose of giving bribe.
5. Misappropriation of decreed amount payable to the client.
6. Changing sides.
7. Suggesting the client to bribe the presiding officer.
8. Presenting the plaint with insufficient court fee stamp, when the client has given
money for the court fee.
9. Reporting no instructions from his client and subsequently appearing for the opposite
party in the same suit.
10. Retaining the judgments of the trial court with the intention of getting himself
engaged in appeal.

C. Relating to Court:
1. Shouting slogans or holding demonstration in front of the court
2. Making false allegation against judicial officers.
3. Deliberately lodging groundless criminal complaint.
4. Attempting to influence judicial officers for favour.
5. Writing letter to the presiding officer in connection with the pending case.
6. Moving application before any court or authority before informing that a similar
application has been presented before any authority or rejected by any authority
(Filling multiple frivolous cases)
7. Committing contempt of court.
8. Suppression of truth
9. Misleading the court resulting in erroneous order.

D. Relating to Witness:

1. Making groundless and insulting charges against witness.

34
2. Tampering with the witness

E. Relating to forgery / tamping of record:

1. Tampering with records and documents
2. Attesting forged affidavit.
3. False identifications of deponents.

F. Wrong practice of Law / Conflict of Interest:

1. Advertising about his profession.
2. Writing letters to persons for soliciting cases.
3. Carrying on other trade or business.

35
Question No. 2&3: Distinguish between Professional ethics and Professional etiquette.

Advocates Act, 1961, Section 49 (I) (C), empowers the bar council of India to make rules
prescribing the standards of professional conduct and etiquette to be observed by the advocates.

Professional Ethics
 Professional ethics means a conduct written or unwritten which prescribes the duties of
a profession
 The legal Profession and the judiciary as a whole in all countries have been honoured
as the “pure fountain of justice‟. In order to maintain the respect, lawyers have to follow
certain ethical regulations.
 These rules specify the duties of an Advocate to the court, client, opponent and
colleagues etc. These rules are broadly called as professional ethics. ( Duties of
Advocate towards Court, Clients, fellow Advocates etc)

Professional Etiquette:
 The legal profession observe these things as an etiquette. In order to protect the
dignity of the profession the members must observe the etiquette very strictly.
 The etiquette requires that an Advocate should behave himself as an officer of the
court, a privileged member of the community and a gentleman.

36
Question No. 4: Punishment and remedies for professional misconduct

After hearing the Advocate concerned and the Advocate general, the Disciplinary
committee (DC) of the State Bar Council comes to the conclusion about the Misconduct. If
misconduct is provided, DC may order following punishments:

(i) Reprimand the Advocate.

(ii) Suspend the Advocate from the practice for such period as it thinks fit.
(He will not be allowed to practice in any court for suspended period of time)

 (iii) Remove the name of the Advocate from the Advocates Roll
(Punishment to remove from the Advocates Roll is awarded only in the cases where the
misconduct is of such nature that the Advocate is unworthy of remaining in the
profession.

Punishment may be awarded depending on the gravity of misconduct established against him.
Misconduct should be proven beyond reasonable doubt

REMEDIES:

1. Appeal to the Bar council of India:

o Any person aggrieved by the order of the disciplinary committee of the State
Bar Council, or the Advocate general of the State may within 60 days from the
date of the order may file an appeal to the Bar Council of India.

o The appeal shall be filed in person or through by Advocate or by registered

post.
o Such appeal shall be heard by the disciplinary committee of the Bar Council of
India and after hearing it may pass any order it deems fit ie., it can confirm.

o The order of the State Bar Council, or increase or reduce the punishment, or
totally remove the punishment.

2. Appeal to the Supreme Court:

Any person aggrieved by an order made by the Disciplinary committee of the Bar
Council of India, or the Attorney General of India may file appeal to the Supreme
court, within 60 days from the date of order.
Normally, the Supreme Court will not interfere with the concurrent findings of fact by
the disciplinary committee of the Bar Council of India and the State Bar Council.
37
 If the finding is based on no evidence then the court will examine it.
3. Stay of the Order:

 The aggrieved party can file an application before the concerned Bar Council
which has passed the order to stay the order till appeal is filed. If genuine
grounds are there then the concerned Bar Council can stay the order.
 Similarly, after filing the appeal before the Bar council of India or before the
Supreme Court the aggrieved party can ask for the stay of the order still the
disposal of the appeal.

Review by State Bar Council:

According to S.44, the Disciplinary committee of a State Bar council is empowered to
review its own order either on its own motion or an application by the aggrieved party within
60 days from the date of order. In the review proceedings also the State Bar council will hear
the concerned parties before making any order. Any order passed in review by the
disciplinary committee of the state Bar Council shall have effect only when it is approved by
the Bar Council of India.

(NOTE: The Disciplinary committee of the Bar Council of India has no power to review its
own order)

38
Group V: Explain the terms:
1. Advocate
2. Lawyer
3. Sr Advocate / Counsel
4. Advocate on Record
5. Solicitor
6. Attorney
7. Barrister
8. Amicus curie
***************************************************************************

(i) ADVOCATE:

 As per section 2(a) of the Advocate Act, 1961,

“Advocate” means an advocate entered in any roll under the provisions of
this Act;

 Advocates are the lawyers who qualify for the Bar Council
Exam according to the Advocates Act, 1961. In simpler words, an
advocate is a person within the legal profession who possesses a law
degree and also represents his clients in the court of law.

 He represents his client to help them win the case and avoid the sentence
or be compensated, depending upon the client’s status, i.e. whether the
client is an accused or the complainant.

 The advocates are protected under the Advocates Act, 1961. Also,
several rights of an advocate are protected under the Advocates Act, 1961.
Privileges of Advocate:

It is not open to anyone who wishes to practice law, only lawyers alone can
practice law. Following are some of the privileges.
1. Advocate has the privilege to represent his clients in the court and
tribunals.
2. Advocate while going to the court to attend the case or while returning
from the court is exempted from arrest under civil process.
3. Advocate has a privilege of becoming judge, Attorney general, Solicitor
General, Advocate General and government councils
4. Since he is fighting for the justice, he is respected next to God.

39
 (ii) LAWYER:

 Lawyers' is a general term for legal professionals

 Lawyer is a umbrella term used to describe a person who is a licensed legal
Practitioner
 He may be a legal adviser, a consultant, an academician, an in-house legal
counsellor in a corporate firm. And, he may draft documents such as wills,
contracts, deeds, and more.

 Under Section 2(i) of the Advocate Act, 1961, “legal practitioner” means
an advocate [or vakil] of any High Court, a pleader, mukhtar or revenue agent;

(iii) SR. ADVOCATE / COUNSEL:

 Section 16 of the Advocates Act, 1961 classifies the Advocates into two types
namely, (a) Senior Advocates and (b) other Advocates.

 The Supreme Court or a High Court shall designate an Advocate with his consent,
as Senior Advocate, if the court is of the opinion that by virtue of his ability,
standing at the Bar or special knowledge or experience in the law, he deserves
such distinction.

 It is an honour and privilege conferred on an Advocate.

 By virtue of the pre-eminence which a senior Advocate enjoys in the profession,

they carry the greatest responsibilities and they should act as a model to the junior
members of the profession. more or less occupies a position like a Queen‟s
counsel in England next after the Attorney General, the Solicitor General and the
State Advocate General

Bar Council of India has prescribed the following restrictions in the matter of practice of
a Senior Advocate

1) A senior Advocate shall not file a vakalatanama or a memo of appearance or

pleading or application in any court or tribunal or before any person or authority
mentioned in S.30 of the Act.
2) A Senior Advocate in the Supreme Court shall not appear without an Advocate on
record in the Supreme Court.
3) A Senior Advocate in the High Court shall not appear Without an Advocate of the
state roll.
40
4) He shall not accept instructions to draft pleading or affidavits, or to do any drafting
work of an analogous nature.
5) He shall not undertake conveyancing work of any kind what so ever.
6) He shall not directly accept a case from a client or instructions from his client to
appear in any court or tribunal.
7) He is free to make concessions or give undertakings in course of arguments on behalf
of his client on instructions from the junior Advocate

(iv) ADVOCATE ON RECORD

The Supreme Court rules of practice classifies the Advocates into three categories.
They are (i) Ordinary Advocates (ii) Senior Advocates (iii) Advocates on Record.

An Advocate should have the following qualifications to become as an Advocate

on Record.

a. He must have completed 4 years of service as Advocate.

b. In addition to the four years of Service as Advocate he should work for one
year with an Advocate on Record, who has more than 10 years of service.
c. He should pass the Advocate on Record test conducted by the Supreme Court.

The test will be conducted on the following four subjects for hundred marks each
namely:

(i) Supreme Court Rules of practice and procedures,

(ii) Drafting and Pleading
(iii) Accountancy for the lawyers and
(v) Leading cases.

To pass this test one should get minimum 50% in each subjects and in
aggregate minimum 60%. i. e. Totally 240 marks.

 The Successful Advocates will be recognized as Advocate On Record by the

Supreme Court and their name will be entered in a separate register maintained for
this purpose.

 Only Advocates on Record alone is entitled to file cases in the Supreme Court.
Every year they should submit their annual income and expenditure account to the
Supreme Court.

 If an Advocate on Record is selected as the Senior Advocate then his name will be
removed from the register of the Advocate on Record and will be put in the register
of the Senior Advocate.

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 (v) SOLICITOR:

 A Solicitor is a qualified legal professional who provide specialist

legal advice on different areas of law and represents the clients
interest

 Solicitor is the first point of contract for clients.

 Solicitor’s job is to study the matter, draft documents and provide

legal advise and represent the clients.

 In High Court & Supreme Court, Solicitor engages Sr Counsels to

represent the clients ( He is the middle ground between the Client
and Counsel appearing for the client)

(vi) ATTORNEY

 The chief legal advisor to the Government of India and the primary lawyer in
the Supreme Court of India are called attorneys.
 The appointment of an attorney is performed by the President of India, and he
holds his office at the pleasure of the President. The Indian President also
decides the remuneration of an attorney.
 He advises the Government of India on legal issues that are entrusted to him
by the President. An attorney is also expected to appear in the Supreme Court
and the High Court on behalf of the government in all such cases in which the
government of India is concerned. This includes suits, appeals and other
proceedings as well.
 An attorney has the right of audience in all the courts in the territory of India.
He also has a right to speak and take an active part in proceedings of both the
houses of the Parliament.

(vii) BARRISTER:

 Any person who acquires a degree of law from England is known as a

barrister.
 He is an expert advocate. They give specialist legal advice or guidance in
particular areas of law.
 Mostly, the barristers are self-employed and function in chambers with other
barristers so that the cost of settlement and officials can be shared by them.
 Further, they can also be employed in-house as advisers (consultants) by
banks, corporations, companies, and solicitors firms.

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 (viii) AMICUS CURIAE

 Amicus Curiae means, “Friend of the court‟.

 He is the person who is voluntarily or on an invitation of the court gives his
opinion to the Court on a question of law in which the court is doubtful.
 Amicus Curiae is not an Advocate retained by any of the parties to the dispute.
He is altogether a stranger to the case.
 Functions provided by the Amicus Curie are:
 To provide assistant to Court in understating the complex legal matter
 In certain circumstances, represent clients before Court
 To bring expertise in the subject matter before Court to resolve the case

 By virtue of his standing in the profession and the Experience in the particular
field of law the court may request to give his opinion on a particular issue .His
views are only an information or a suggestion to the court. An amicus curiae
can express his views only with the leave of the court. Normally he is not
entitled to any remuneration of such work or a suggestion to the court.

*******************************************************************

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