Equipment of a lawyer

Good Communication Skills

Lawyer or advocates must possess excellent communication
s k i l l s , b o t h o ra l a n d w r i t t e n . To a r g u e w i t h m o r e
persuasiveness before the Hon’ble Judge(s) in a Court of Law,
speaking with fluency efficiently and effectively is a skill that
can be learned and developed during the time in pursuance of
the graduation while indulging in extra-curricular activities like,
Moot Court(s), Youth Parliament(s) and various competitions.

As if the activities built the communication skills of an

individual in writing by researching on various topics and oral
by presenting that conducted research before the Judge or
even to the public at large.

Judgment
It is the skill to make, draw or reach the logical and logical
conclusions from the limited information provided and
received. Anticipate and spot the possible event(s) and
happening(s), analyze the positive and negative areas of the
case to prepare the same in such a manner that is beneficial
and in the favour and taken into consideration the interest of
the client.

Analytical Skills
Being involved and as a part of the legal industry, a lawyer or
Advocate must possess a distinctive attribute of analytical skills
as if to crystallize the information received either, half or
wrong. A lawyer or Advocate must be able to analyze the
events by using the critical method of analyzing.
Research Skills
Another most crucial skill needed to be a good lawyer or
Advocate is the ability to research as quick as lightning, also,
to be ready, the research and approach towards the same must
be valid and efficient taken into consideration the legal
strategies which satisfy and safeguards the interest of the
clients.

Perseverance
Perseverance is the skill on the one side and attitude on the
other. I want to confess perseverance is the nature and
attitude which develops the capability to deal and perform the
activities and task(s) assigned productively and constructively
with the numerous and variety-full events which in further
embodies distractions.

Creativity
Few of the eminent Jurist(s) and Attorneys not only be
perseverant but logical and analytical also have the traits of
creativity. In order to reach a possible best conclusion it is not
always to take the paths of the precedents or the obviousness,
one must be creative and possess the ability to think out of the
box.

Logical Thinking Ability

It has to be logical enough to draw and make out the
conclusions, following the approach of justifiableness and
reasonableness.
Even though the other counsel is your opponent, but it should
not be minded and must not be considered and regarded as
the enemy of the client or the lawyer or advocate itself.

A fair amount of good relations must be formed with the

opposite counsel, but that ties must not be affecting or
disregard the interest of the client.

Public Speaking Skills

Well-spoken and be expressive being an essential skill that a
great lawyer or Advocate possesses. A critical element(s) like
public speaking and addressing a Court of Law, a lawyer or
Advocate must be flawless and magnificent;

Public speaking is a skill which can be developed by

acknowledging the fact that one correctly and genuinely
want(s) to work upon his this skill.

Writing Skills
Excellent writing skills assists and aids in making the position
of the client and case, the marriage and fusion of both
speaking and writing skills are invincible. In order to become a
great lawyer or Advocate, tremendous writing skills are needed
which are useful and beneficial while preparing the case
arguments, briefs and other legal documents.

Leadership Skills
No individual lacking leadership quality in itself can become a
lawyer or Advocate. A lawyer or Advocate must be
accompanied by managerial skills (manage the people one is
working within a manner which is peaceful and responsive) and
leadership skills, and thus leadership skills are necessary for a
lawyer or advocate to be successful.

Listening Skills
To be a great lawyer or advocate one must have and possess
the quality and skill to listen to each, and every individual
tend(s) to speak before him, develop the ability to listen to
others patiently and carefully.

In practical, this skill helps the lawyer or Advocate and their

practice in every possible manner so as to cross-examine the
witness, or to the finding of the opposite counsel and facilitate
in an effective rebuttal.

Decision Making Skills

Based on the understanding of the event with full
reasonableness and in a logistic manner, a lawyer or Advocate
can make out and draw conclusions based upon the
information provided to him and his past experience(s).

Decision-making skills are the ability to take decisions out of

situations and events after analyzing them, and another person
can judge the lawyer or advocate through his ability to make
decisions that may in future events bring stability and upgrade
the personality of his client and perform accordingly with the
needs of the client taking into consideration its interest.

Enquiring Skills
A good lawyer or Advocate must have the capacity and ability
to understand the topics in its deepest sense and essence
form, in lightning speed to understand the numerous things
simultaneously, the client, case, remedy, and justice he wishes
to seek, or likewise.

Not only enquiring but, inquiring and analyzing the appropriate

provisions are pointed out and implied in a particular case, so
this is done, in a smoother way as if a lawyer or Advocate
acquires the skill of enquiring.

Comprehension Skills
Understanding of minute details of the topics of Law is taken
into consideration while doing study and practice of law, as to
understand, organize the information gathered in a
comprehensive manner.

So, as to develop this skill, one must indulge in the practice of

client competition(s) and Moot Court (s) while studying in the
Law College.

Firmness
Firmness, being a very important and crucial trait as if it tests
the consistency and regularities in a good lawyer or advocate
to pursue a case. It is the ability and skill demanded by this
career from a lawyer or advocate to be consistent and stick
loyally towards the client and his case in a Court of Law before
the Hon’ble Judges.

Code of conduct for lawyers or advocates in

India
Code of Professional Ethics in the Legal Industry is the sum of
adopted key principles for the lawyer or advocates and their
code of conduct. These principles are of obligatory nature and
lawyers or advocates must act and perform in its accordance.
 Some of the general provisions are discussed below:

Independence
Lawyer or Advocate, being an individual and independent
personality, he should not be driven by third-party influence or
even his personal interest harms his client’s interest and shall
act in a manner that serves his client(s) need in the best
possible manner or degrade his standing at the Bar.

Con dence
Confidence, need time to be built, it is one part of the client to
have and moreover on his lawyer or advocate to build
confidence, and this should only be done and visible if the
lawyer or Advocate maintains the dignity, integrity, and honour
of this Noble profession.

Personal Advertising
Law, is a noble profession and thou shalt never solicit. BlaIt is
the profession of utmost respect, treating every man equal and
providing services to the underprivileged and indigenous
people, which is our duty as a lawyer or advocate towards the
society and it is a matter of honour and great pleasure.

And some other code of conduct or the specified duties that a

lawyer or Advocate must not forget, and must act, perform in
accordance and in compliance with the general principles of
professional and work ethics of the Bar:
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Rules on Advocates Duty towards Court
The Bar Council of India prescribes certain duties that an
advocate must fulfil.

1. Act in a dignified manner: any advocate before the

court (while presenting his case) is required to have self-
respect and conduct himself with dignity. In re D.C.
Saxena, AIR (1966)- This rule actually empowers an
advocate to submit a complaint against a judicial officer.
However, such a complaint shall be submitted to the
proper authority.
2. An advocate must maintain a respectful attitude
while at court and shall respect the dignity of the
judicial office: In the case of U.P. Sales Tax Service
Association v Taxation Bar Association (1995) it was
stated that the survival of a free community is endangered
if an advocate doesn’t show respect or recognises the
dignity of the judicial officer. It potentially lowers the spirit
of the court.
3. Not to communicate in private: this rule was well
explained in the case of Rizwan-Ul-Hassan v. State of U.P.
(1953) It was observed that an advocate shall not try to
seek favourable decisions by any illegal means including
bribing the court or communicating any favour in private.
Thus, this rule prohibits any private communication with
the judge which would be specifically regarding a pending
case. It is considered as a gross form of professional
misconduct if at all an advocate tries to influence the
decision of the court by having private communication
with the judge.
4. Refuse to act in an illegal manner towards the
opposition: An advocate is also required to prevent his
client from resorting to unfair practices relating to the
court, opposing counsel or opposite parties or even co-
parties. The advocate must earnestly restrain and explain
the implications and the consequences of such unfair
 practices. This rule also empowers an advocate to refuse
to represent a client if he/she insists on such improper
conduct.
5. An advocate shall have his own sense of judgement
and mustn’t use strong language in the court of law:
This is another important Rule laid down that the advocate
is expected to have his own sense of judgment regarding
the cause or the case he/she is representing. In the case
of M.Y. Shareef & Anothers. V. Hon’ble Judges of Nagpur
High Court & Ors. (1954), it was observed that an
advocate is not a mere mouthpiece of the client. Legal
counsel must exercise his/her own judgement. An
advocate must also restrain oneself from the use of
scurrilous remarks while in pleadings. They shall use
intemperate language during pleadings in court.
6. Appear in proper dress code: Legal profession is one of
the few professions that have a designated uniform. The
court demands that an advocate must necessarily show up
inappropriate dress code. There have been instances in
court where cases have either been postponed or
dismissed for that matter due to the lack of proper dress
code that should have been followed by the representing
legal counsel. Thus, if an advocate is improperly or
inadequately dressed, he is not only looked down upon
but also his appearance is a breach of the prescribed dress
code.
7. Refuse to appear in front of relations: this rule is laid
down in Section 30 of the Advocates Act, 1961. This rule
was laid down in order to avoid conflict of interest and
bias in judgment. If there is a family tie existing between
the presiding judicial officer and an advocate, then the
advocate shall not appear in such cases and shall request
for the change in bench.
8. Not to wear bands or gowns in public places: the
advocate cannot utilise his/her gown or band in other
public places unless in any ceremonial occasions that the
Bar Council of India and the court may prescribe.
 9. Not to represent establishments of which he is a
member: The rule simply provides that an advocate is
not allowed to represent, defend or even stand against an
organization, institution, society, corporation etc. if he is a
part of the executive committee of such institutions.
However, an advocate can appear as an ‘amicus curiae’ on
behalf of a Bar Council.

1. Not appear in matters of pecuniary interest: An

advocate shall not act or plead in any matter in which he
himself has some pecuniary interest.
2. Not stand as surety for the client: sometimes parties
at court or litigants are required to give surety to the
court. An advocate shall not stand as a surety for his
client in any legal proceedings.

Rules on Advocates Duty towards Client

Just as an advocate owes duty towards the court he/she is also
obligated to follow Rule 11 to Rule 33 that prescribes an
advocate’s duties towards his client. They are as follows:

1. Bound to accept briefs: Rule 11 lays down that an

advocate is bound to accept any brief in the court that is if
he proposes to take up without any fee at the Bar council.
In S.J. Chaudhary v. State (1984), the Supreme Court held
that if an advocate doesn’t attend a case day to day he would
be liable for breach of professional duty. This observation was
based on the fact that a lot of advocates don’t appear at the
court and then his client has to bear the brunt of it.

1. Not to withdraw from service: Rule 12 provides that an

advocate shall give the client reasonable and sufficient
notice before withdrawing from an engagement. He shall
not withdraw without any reasonable grounds. If he
 withdraws himself with sufficient cause he is bound to
refund the fee (even a part of it if not earned).
2. Not to appear in matters where he himself is a
witness: Rule 13 provides this rule as it can give rise to a
conflict of interest. It must be noted that if an advocate is
a witness of a party and he is asked to represent the other
side then only such an advocate shall refrain from taking
up such matters
In Kokkanda B. Poondacha v. K.D. Ganpathi (1995) the Court
has upheld this rule as the parties could be disadvantaged.

1. Full and frank disclosure to the client: Rule 14

provides that an advocate is expected to be honest with
his client before the commencement of his engagement.
He is obligated to reveal whether he has any connection
with the other side of parties and any interest in their
case. Otherwise, this creates controversies and also
affects his client’s judgment to carry forward such an
engagement.
2. Uphold interest of the client: Rule 15 provides that an
advocate owes his loyalty to his client and must uphold
the interest of his client fearlessly and honestly by all fair
means. He shall not give regard to unpleasant
consequences that he may bear.
3. Not to suppress material or evidence: suppressing
material evidence is absolutely disregarded in the court of
law. This rule is provided under Rule 16. It basically
provides that if a prosecutor in a criminal trial tries to
suppress material evidence that may lead to the
innocence of the accused or taint the justice of the victim
if shall be considered a gross breach of professional
conduct and can also invite legal trouble for themselves.
Thus, such an act or omission shall be scrupulously
avoided.
4. Not to disclose the communications between the
client and himself: Rule 17 is also one of the most
important obligations followed by an advocate. A non-
 disclosure agreement is always signed between the client
and the advocate. Since there exists a fiduciary
relationship between the client and the advocate, breach
of confidentiality is taken seriously even at the court of
law. This rule is also incorporated in Section 126 of the
Indian Evidence Act, 1872.
5. Not charge depending on the success of matters:
Rule 20provides that an advocate shall not charge
depending upon the success of the lawsuit. Such a
practice is opposed to public policy. Anu such contract for
a contingent nature of fee against Section 23of the Indian
Contract Act.
6. An advocate must not lend money to his client: Rule
32provides that when an advocate lends money to his
client then interest is created. Such a creation of interest
if not allowed as it affects the advocate’s sense of
judgment and also disallows the client to think upon
before commencing with engagement.
7. Not appear for opposite parties: Rule 33 provides that
an advocate shall not represent the opposite party after
withdrawing from the case on behalf of the previous
party.

The duciary relationship between

Lawyer and Client
On a general note, a fiduciary relationship is that of trust and
confidence. Any client expects their lawyer to maintain a high
degree of fidelity and good faith as their confidential
information rests with the lawyer as they need to know the
details of the case in order to find out the best way to pull their
clients out of the legal trouble or query. In the case of V.C.
Rangadurai v. D. Gopalan (1979), the Court observed that the
relation between the advocate and his client involves the
highest personal trust and confidence. Thus, their relationship
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cannot be completely treated as purely professional owing to
the confidential nature of the information that the client gives
to his lawyer. Thus, the lawyer-client relationship is purely
fiduciary in nature.

Duty towards fellow advocates and

opponents
An advocate has the following duties towards his fellow
advocates

• Not to promote, advertise or solicit work through any

advertisement, touts, circulars, etc.
• Not to have a big signboard or nameplate. The size of sign
boards must be reasonable, and they must not indicate his
relation with a particular organisation or person, that he is
the president of a bar association, a judge, an advocate
general or his specialisation in any particular work.
• An advocate must refrain from promoting an unauthorised
practice of law or the use of unfair means in a case.
• Not to accept less fees than those charged by fellow
advocates.
• Take the consent of fellow advocates to appear in their
matter.
An advocate must perform the following duties towards his
opponent in a case:

• He must not communicate or negotiate with the opposite

party if they are represented by an advocate. This must
be done through their representing advocate.
• He must fulfil all the legitimate promises that he made to
the opposite, despite the fact that the promises were not
made in writing.
Duties of an Advocate towards Society
Duty to promote access to justice
Advocates have a duty to promote access to justice and ensure
that justice is accessible to all, irrespective of their social,
economic, or personal background. Advocates must not refuse
legal representation to any person on the grounds of
discrimination, bias, or prejudice.
They must strive to provide legal aid and pro bono services to
the indigent and marginalized sections of society.
Duty to promote legal education and
awareness
Advocates have a duty to promote legal education and
awareness among the general public. They must strive to
educate the public about their legal rights, obligations, and
remedies. Advocates must also contribute to legal research,
writing, and publications to enhance the knowledge and
understanding of the law in society.

Duty to uphold the rule of law and social

justice
Advocates have a duty to uphold the rule of law and promote
social justice. They must use their legal skills and knowledge to
prevent and redress any violation of human rights, injustice,
discrimination, or abuse of power.
Advocates must also strive to eradicate corruption and promote
transparency, accountability, and fairness in the legal system.
Duties of an Advocate Towards the Legal
Profession
Duty to uphold the dignity and honour of the
legal profession
Advocates have a duty to uphold the dignity, honour, and
integrity of the legal profession. Advocates must maintain high
standards of professional conduct, ethics, and morality.
Advocates must not indulge in any conduct that may bring
disrepute to the legal profession or erode public con dence in
the legal system. Advocates must also not engage in any
activities that may compromise their independence, impartiality,
or integrity as a legal professional.
Duty to promote legal education and
professional development
Advocates have a duty to promote legal education and
professional development. Advocates must continuously update
their knowledge, skills, and expertise in the eld of law through
regular study, research, and training.
Advocates must also share their knowledge and experience
with junior advocates and law students to contribute to the
growth and development of the legal profession. Advocates
must actively participate in legal seminars, workshops, and
training programs to enhance their professional competence
and stay updated with the latest legal developments.
Duty to maintain professional conduct and
etiquette
Advocates have a duty to maintain professional conduct and
etiquette in their interactions with clients, opponents, judges,
court staff, and other stakeholders in the legal system.
Advocates must conduct themselves with dignity, courtesy, and
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respect towards all parties involved in a case, irrespective of
their personal opinions or differences.
Advocates must also refrain from engaging in any behaviour
that may be deemed unprofessional, unethical, or
contemptuous of the court.
Duty to avoid misleading or false statements
Advocates have a duty to avoid making misleading or false
statements in the course of their professional practice.
Advocates must not make any false, exaggerated, or
misleading claims about their quali cations, experience, or
success rates to attract clients or gain an unfair advantage in a
case.
Advocates must also refrain from making any false statements
or presenting fabricated evidence in court, as it undermines the
integrity of the legal profession and the justice system.
Duty to respect the authority of the court
Advocates have a duty to respect the authority of the court and
uphold the dignity and integrity of the judicial system. Advocates
must not indulge in any behaviour that may undermine the
authority of the court or obstruct the administration of justice.
Advocates must comply with the rules, procedures, and orders
of the court, and not engage in any conduct that may be
deemed disrespectful, disobedient, or contemptuous of the
court.

Duty of advocate toward himself

Under the Advocates Act, 1961, the duties of an advocate
toward themselves are implied within the broader framework
of ethical conduct and professional responsibility. Key
provisions relevant to an advocate’s duty to themselves
include:
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1. Maintaining Professional Integrity (Section 35):
◦ Advocates must ensure their conduct upholds the
dignity of the profession. This includes refraining
from any conduct that may tarnish their reputation or
that of the profession.
2. Adherence to Code of Ethics (Section 49):
◦ The Bar Council of India is empowered to lay down
the standards of professional conduct and etiquette.
Advocates are expected to familiarize themselves
with and adhere to these ethical guidelines, reflecting
their commitment to professionalism.
3. Self-Improvement and Competence:
◦ While not explicitly stated in the Act, the emphasis
on maintaining competence (as outlined in the rules
of the Bar Council) implies a duty to engage in
continuous learning and professional development to
ensure effective representation of clients.
4. Confidentiality and Client Protection (Section 126):
◦ Advocates are required to protect the confidentiality
of their clients, which also serves their interest by
fostering trust and maintaining professional
relationships.
5. Avoiding Conflicts of Interest:
◦ Advocates have a duty to avoid situations that could
lead to conflicts of interest, which is crucial for
maintaining their credibility and effectiveness.
 6. Disciplinary Actions (Section 35):
◦ Advocates must be aware that failing to adhere to the
ethical standards could result in disciplinary action,
affecting their professional standing and livelihood.
By fulfilling these duties, advocates not only enhance their
personal integrity and effectiveness but also uphold the
standards of the legal profession as mandated by the Advocates
Act, 1961.

Bar Bench Relations

The Bar and the Bench are like the two essential wheels of a
chariot when it comes to administering the law. They are
interconnected and have their respective roles in the legal
system. In legal terms, the “Bar Bench relations” signi es the
friendly rapport between advocates and judges.
Both the Bar (advocates) and the Bench (judges) play crucial
roles in ensuring justice. Maintaining a harmonious relation
between bar and bench requires mutual respect and
understanding from both sides.
Bar and Bench Meaning
In the process of delivering justice, the legal system consists of
judges and lawyers who help the courts ful l their
responsibilities. The “Bar” refers to the lawyers and the “Bench”
refers to the judges. These two parts work together and without
them, the courts cannot effectively provide justice.
Bar – Lawyers become registered advocates after completing
their L.L.B. degree from a university and undergoing speci c
training supervised by another advocate, as per the rules.
Collectively, these lawyers are known as the ‘Bar,’ and an
advocate represents the Bar. In most cases, the term “Bar”
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refers to a group of licensed attorneys who practice in the
courts of a state or a speci c court.
Bench – The term “bench” refers to all the judges collectively, in
contrast to the term “Bar,” which encompasses all legal
professionals. It also refers to the of cial part of the court when
judges are in session. Originally, the term ‘Bar’ referred to the
section of the court related to attorneys, but now it refers to the
part of the court dealing with judicial of cers, known as the
Bench.
What is Bar Bench Relations?
Bar Bench relations refer to the dynamic interaction and
cooperation between lawyers (the Bar) and judges (the Bench)
within the legal system. This relationship is fundamental to the
administration of justice. Lawyers represent their clients’
interests in court, while judges make impartial decisions based
on the law. Maintaining a respectful and collaborative
partnership between the Bar and the Bench is crucial for the
effective functioning of the legal system.
It ensures that cases are heard fairly, legal principles are upheld
and justice is served. Communication, professionalism and
mutual respect are key elements in fostering a strong Bar
Bench relationship, which ultimately bene ts the legal
profession and the individuals seeking justice.
Difference Between Bar and Bench
The difference between Bar and Bench in the legal context is
fundamental to the administration of justice.
While the Bar in uences case presentation and argues on
behalf of clients, the Bench holds the ultimate authority to
determine case outcomes and uphold the rule of law.
These differences emphasise their complementary roles within
the legal system, with the Bar advocating for parties and the
Bench overseeing the delivery of justice.
Here’s a table outlining the key differences between Bar and
Bench in the legal context:
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 Aspect Bar Bench

The collective term Refers to the group

De nition
for lawyers of judges

Advocates who Judges who preside

Role
represent clients over cases

Present cases, Hear cases, make

Function
argue and defend legal decisions

Advocate for clients’ Impartial decision-

Advocacy
interests making

Legal education and Legal education and

Quali cations
bar admission appointment

Represent clients’ Impartially apply the

Independence
interests law

Engagement Active in litigation Passive, observing

in Advocacy and trials arguments

Professional Governed by legal Governed by judicial

Conduct ethics conduct

In uence on In uence case Determine case

Outcomes presentation outcomes

Court Appear in court as Preside over court

Appearance representatives proceedings

Engage in legal Administer legal

Legal Practice
practice proceedings
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 Relation to Advocates for Remains neutral and
Parties parties’ interests unbiased

Limited to
Decision- Holds the authority
persuasion and
Making Power to make decisions
argument

Legal No decision-making Decision-making

Authority power authority

These differences highlight the contrasting roles and

responsibilities of the Bar and the Bench in the legal system,
with the Bar advocating for clients and the Bench ensuring the
impartial application of the law and making legal decisions.
Bar Bench Relations in Professional Ethics:
An Overview
In a democratic system, the independent judiciary stands as a
pillar of stability and the legal profession (the Bar) is an integral
part of maintaining this stability. The Bench, which includes
judges, re ects the image, character and conduct of these
judicial of cers. It is often seen as a guiding in uence and a
mirror that re ects the behavior of judges.
Those practicing law are an essential component of the justice
delivery system and the harmony between the Bar and the
Bench is vital for achieving the goals outlined in our
Constitution. They are two sides of the same coin and the
administration of justice cannot thrive without unity between
them. The integrity of the institution relies on this cooperation.
Any attempt by an advocate to discredit the court undermines
the very foundations of justice and tarnishes the entire justice
system. Advocates are expected to show consistent respect for
the court, regardless of the court’s status. They must refrain
from displaying personal bias against judges as they are
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 entrusted with the responsibility of upholding the judiciary’s
professionalism and respect.
Conversely, it is the duty of the judiciary not only to be
respectful toward members of the Bar but also to uphold the
high standards of the legal profession.
Contempt of court can be imposed on lawyers or judges for
disrespectful or improper behaviour. Contempt of court can be
categorised as civil or criminal, encompassing actions such as
using derogatory language against a judge, questioning their
authority or making unfounded accusations. Such actions can
result in contempt proceedings against the offending party.

Importance of Bar Bench Relations

The signi cance of the Bar and Bench relationship was
highlighted in the case of P.D. Gupta v. Ram Murthi and
others (1997), which explored how this relationship in uences
the administration of justice.
In this case, a dispute arose over the property left by Shri
Kishan Dass after his passing. Various individuals claimed
rights to the property, including one claiming to be his sister,
one claiming to be an heir and others. Vidyawati, the advocate
for one of the claimants, purchased the disputed property,
knowing it was subject to a legal dispute. Subsequently, she
pro ted by selling the property to a third party.

A complaint was led against the lawyer with the Delhi Bar
Council, resulting in her suspension. Due to the disciplinary
committee’s inability to resolve the complaint within a year, the
case was transferred to the Bar Council of India, as mandated
by Section 36-B of the Advocates Act, which requires
complaints to be resolved within a year. The Bar Council of
India’s disciplinary committee conducted a trial, found the
advocate guilty of professional misconduct and suspended her
from practicing law for one year.
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Role of Bar Bench in the Administration of
Justice
The bar bench relation plays a crucial role in the administration
of justice. Judges hold a level of authority unmatched by any
other of ce in the state, as their decisions profoundly affect the
lives, liberty, happiness, property and public perception of
ordinary citizens. The wisdom of judges is the cornerstone of a
just and orderly society and their judgments hold individuals
accountable. If judicial power becomes corrupted, life, liberty
and personal happiness are jeopardised.
A robust and unbiased judiciary is of utmost importance for any
state. Judges have a vital role in maintaining civil order and
they must ful l their responsibilities diligently.
However, the administration of justice isn’t con ned to the
courtroom; it also greatly impacts the Bar, which consists of
attorneys. To ensure a harmonious relationship between Bar
and Bench, mutual respect and understanding are essential.
Lawyers and judges complement each other’s roles. Judges are
often selected from the legal profession, making them part of
the same community as lawyers. This shared connection
underscores the need for a respectful and cooperative bench
bar relation.
Given the nature of their respective roles, lawyers and judges
may engage in dialogues that are sometimes friendly,
sometimes contentious and sometimes challenging. Despite
occasional disagreements, maintaining a cooperative and
respectful relationship between these two pillars of the legal
system is crucial for the effective administration of justice.
Role of the Bar in Strengthening the Bar
Bench Relations
Advocates are considered of cers of the court and their primary
duty is to assist the court in the fair administration of justice.
They do so by gathering relevant resources and presenting
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them in court to help the court make informed decisions.
Advocates work in partnership with the judiciary to ensure the
proper dispensation of justice. Their role is signi cant in the
administration of justice and to maintain a harmonious bar
bench relation, advocates should follow these guidelines:
• Respect for Judges: Advocates should show respect and
reverence for judges, refraining from any form of
disparagement or criticism of the judiciary.
• Assist Judges: During court hearings, advocates should
assist judges by accurately and clearly conveying the
relevant legal principles. They should conduct themselves
in a manner that pleases the judges and aids in the smooth
conduct of proceedings.
• Handling Judicial Errors: If advocates believe there is an
error in a judge’s decision, they should not criticise the
judge openly. Instead, they should follow proper legal
procedures, such as ling an appeal, to address and rectify
any perceived mistakes.
• Avoid Manipulation: Advocates should not exert undue
pressure or attempt to control judges to obtain favourable
orders. They must refrain from using illegal or inappropriate
means to in uence court decisions.
• Addressing Disrespect: If a judge’s conduct is perceived
as disrespectful or annoying to advocates, they should
avoid engaging in confrontational discussions in the
courtroom. Instead, any issues should be addressed
privately, such as in the judge’s chambers and the Bar
Association can make a formal request for respectful
behaviour.
• Prevent Unfair Practices: Advocates have a responsibility
to guide and discourage their clients from engaging in
unfair or unethical practices in court proceedings.
• By adhering to these principles, advocates contribute to
the preservation and strengthening of the relation between
Bar and Bench, ultimately enhancing the administration of
justice.
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Role of the Bench in Strengthening the Bar
Bench Relations
A judge, as a public of cial responsible for hearing and deciding
legal cases, holds signi cant authority within the legal system.
To foster a strong and respectful bar bench relationship, judges
are encouraged to follow these principles:
• Mutual Respect: Just as advocates show respect to
judges, judges should also respect advocates. Maintaining
mutual respect is crucial for a healthy working relationship
between bar and bench.
• Open-Mindedness: Judges should approach each case
with an open mind, free from bias or prejudice. Their
actions should serve the interests of justice and they
should provide advocates ample time to present their
cases.
• Impartiality: Judges must act impartially, refraining from
favouring any party involved in the dispute. Their decisions
should be solely based on the merits of the case and the
applicable law.
• Minimal Intervention: Judges should avoid unnecessary
interference with lawyers’ interactions with witnesses and
their arguments. Excessive intrusion or disparagement can
harm a lawyer’s professional reputation and hinder
effective case presentation.
• Clarity in Legal Interpretation:When interpreting complex
legal rules, documents or statutes, judges should provide
clear explanations to ensure justice for all parties involved.
• Adjournments: Judges should grant adjournments
sparingly and only when reasonable and appropriate
grounds exist. Excessive delays can contribute to backlogs
in the court system and nancial hardships for parties
involved.
• Timely Disposition: Cases should be resolved promptly
and older cases should not take precedence over newer
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 ones. The principle of “justice deferred is justice denied”
should be upheld.
• Respectful Conduct: Judges should refrain from making
unwarranted public remarks about a lawyer’s competence
in open court. They should not ask lawyers to leave the
trial or bar them from future appearances without
compelling reasons.
• Legal Knowledge: Judges should possess a deep
understanding of the law, apply it to the evidence
presented and reach well-reasoned conclusions.
• Judicial Independence: Upholding and preserving judicial
independence is a foremost duty of judges, ensuring
impartial decision-making.
• Moral Responsibility and Honesty: Judges should be
held to the highest standards of moral responsibility and
honesty, commanding respect in both their personal and
intellectual capacities.
• Continuous Learning: Judges should engage in regular
and comprehensive research to stay current with legal
developments, statutes and changes in the law.
• Communication: Regular brie ngs and meetings between
judges and advocates should be scheduled to facilitate
discussion and resolution of issues, strengthening the
relationship between Bar and Bench.
• By following these principles, judges contribute to a
productive and respectful relationship with advocates and
ensure the fair administration of justice in the legal system.
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 SENIOR AND OTHER ADVOCATES
> . SENIOR AND OTHER ADVOCATES.-
1. There shall be two classes of advocates, namely, senior advocates and other
advocates.
2. An advocate may, with his consent, be designated as senior advocate if the
Supreme Court or a High Court is of opinion that by virtue of his ability standing
at the Bar or special knowledge or experience in law he is deserving of such
distinction.
3. Senior advocates shall, in the matter of their practice, be subject to such
restrictions as the Bar Council of India may, in the interest of the legal
profession, prescribe.
4. An advocate of the Supreme Court who was a senior advocate of that Court
immediately before the appointed day shall, for the purposes of this section, be
deemed to be a senior advocate:

RESTRICTION ON SENIORITY :
Rules under Sections 16(3) and 49(1)(g) of bar council Act.
Senior Advocates shall, in the matter of their practice of the profession of law mentioned in
Section 30 of the Act, be subject to the following restrictions:
• A Senior Advocate shall not le a vakalatnama or act in any Court, or Tribunal,
or before any person or other authority mentioned in Section 30 of the Act.
• i) A senior Advocate shall not appear without an Advocate on Record in the
Supreme Court or without an Advocate in Part Il of the State Roll in any court, or
tribunal, or before any person or other authorities mentioned in Section 30 of the
Act.
ii) Where a Senior Advocate has been engaged prior to the coming into force of
the Rule in this Chapter, he shall not continue thereafter unless an Advocate in
Part Il of the State Roll is engaged along with him.
• He shall not accept instructions to draft pleading or af davits, advice on
evidence or to do any drafting work of an analogous kind in any Court or
Tribunal, or before any person or other authority
(cc) A Senior Advocate shall, however, be free to make concessions or give
undertakings in the course of arguments on behalf of his clients on instructions
from the junior Advocate.
•

PERSONS WHO MAY BE ADMITTED AS ADVOCATES ON A STATE ROLL SEC 21 (1)

PERSONS WHO MAY BE ADMITTED AS ADVOCATES ON A STATE ROLL.—

(1) Subject to the provisions of this Act, and the rules made there under, a person shall be
quali ed to be admitted as an advocate on a State roll, if he ful lls the following conditions,
namely:—
• he is a citizen of India: Provided that subject to the other provisions contained in
this Act, a national of any other country may be admitted as an advocate on a
State roll, if citizens of India, duly quali ed, are permitted to practise law in that
other country;
• he has completed the age of twenty-one years;
• he has obtained a degree in law—
(i) before the 12th day of March, 1967, from any University in the territory of India; or (ii)
before the 15th August, 1947, from any University in any area which was comprised before
that date within India as
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 iii) after the 12th day of March, 1967, after undergoing a three year course of study in law
from any University in India which is recognized for the purposes of this Act by the Bar
Council of India; or
• he ful ls such other conditions as may be speci ed in the rules made by the
State Bar Council under this Chapter;
• he has paid, in respect of the enrolment, stamp duty, if any, chargeable under
the Indian Stamp Act, 1899 (2 of 1899), and an enrolment fee payable to the
State Bar Council of six hundred rupees and to the Bar Council of India, one
hundred and fty rupees by way of a bank draft drawn in favour of that Council
• He shall not accept directly from a client any brief or instructions to appear in
any Court or Tribunal, of before any person or other authority in India.
• A Senior Advocate who had acted as an Advocate (Junior) in a case, shall not
after he has been designated as a Senior Advocate advise on grounds of

DISQUALIFICATION FOR ENROLMENT

(1) No person shall be admitted as an advocate on a State roll—
• if he is convicted of an offence involving moral turpitude;
• if he is convicted of an offence under the provisions of the Untouchability
(Offences) Act, 1955 (22 of 1955);
• if he is dismissed or removed from employment or of ce under the State on any
charge involving moral turpitude.
(2) Nothing contained in sub-section (1) shall apply to a person who having been found
guilty is dealt with under the provisions of the Probation of Offenders Act, 1958 (20 of
1958).
• Power to remove names from roll.—
A State Bar Council may remove from the State roll the name of any advocate who is dead
or from whom a request has been received to that effect.

Section 3 of the advocates( right to take up law teaching) rules, 1979

Right of practising advocates to take up law teaching.—(1)

Notwithstanding anything to the contrary contained in any rule made under the
Act, an advocate may, while practising, take up teaching of law in any educational
institution which is af liated to a University within the meaning of the University
Grants Commission Act, 1956 (3 of 1956), so long as the hours during which he is
[so engaged] in the teaching of law do not exceed three hours in a day.
(2) When any advocate is employed in any such educational institution for the
teaching of law, such employment shall, if the hours during which he is so engaged
in the teaching of law do not exceed three hours, be deemed, for the purposes of the
Act and the rules made thereunder, to be a part-time employment irrespective of
the manner in which such employment is described or the remuneration receivable
(whether by way of a xed amount or on the basis of any time scale of pay or in
any other manner) by the advocate for such employment.

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Rights of Advocates:
1. Right To Freedom Of Speech And Expression :
Article 19(1) (a) of the Indian Constitution provides that the right to freedom of speech and
expression is available to all citizens. An Advocate enjoys this right even in court, unlike
other citizens.
2) Right to Practise:
It is the right of an Advocate to represent his client in the court of law. According to Section
30 of the Advocates Act, an Advocate has the right to practice his advocacy in any court of
law in India.
3) Right for Welfare Fund :
As per section 15 of the Andhra Pradesh Advocates Welfare Fund Act, 1987, every
advocate practicing in any court in the State becomes a member of the Welfare Fund
4) Right of Fee:
As per Rule 11 of chapter II of Part VI of the Bar Council of India Rules, he has a right to a
fee consistent with his standing at the bar.
5) Right to enter the Court :
An Advocate has the right to sit in the seats provided for advocates, whether he is having a
case or not, and observe the proceedings.
Privileges enjoyed by Advocates:
1. Privilege of exemption from arrest :
An advocate, while going to the court or during the proceedings before a Court and while
returning from the court, is exempted from civil arrest. However, this does not apply to
arrest for contempt of court or arrests for criminal offenses.
2) Vakalatnama in favor of Advocate :
When the client signs Vakalatnama in favor of an Advocate, such an Advocate gets the
exclusive privilege to represent his client in that particular matter. No other advocate can
appear in that case without his consent for the reason of express prohibition.
3)
An Advocate has a liability of Negligence :
No action can be taken against the advocate if he does any negligence.
4) An advocate can review Parliamentary Bills for remuneration:
Advocates have the privilege to review parliamentary bills and suggest amendments too.
Advocate sticker a Privilege?
In India, Advocates tend to stick Advocate Sticker on their cars to evade police actions. It is
pertinent to know that in law there is no express provision to grant privilege to Advocates
for use of such stickers. In December 2020 the Madras High Court held that misuse of
Advocate stickers should stop.
Case Laws:
1. In the case of Sampath Kumar v. Bar Council of India, it was observed by the
SC that the right to practice as an advocate is merely a statutory right and not a
fundamental right.
2. It was held in the case of Praveen Pandey v. The State of Madhya
Pradesh, that if the advocate has been restrained from doing legal work,
then it will be termed as a violation of their right as also mentioned under
Art 19(1)(g) of the constitution.
3. In the case of Ramnath Lathi v. State of Madhya Pradesh, it was held by
the apex court that an advocate who does not suffer disquali cation has
the right to plead.
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Rights of advocates to practise under the Act
From the perspective of the legal profession, the term ‘right to
practise’ refers to an exclusive right of the advocates to
represent their clients in court and before tribunals in the
country. There are two levels of protection for the right to
practise, and they are as follows:

• Protection in General: Article 19(1)(g) of the Indian

Constitution safeguards the right of every person to
engage in the practice of their choice.
• Specific Protection: According to Section 30 of the
Advocates Act, 1961, an advocate who is registered with a
State Bar Council is entitled to practice law before any
court or body in India, including the Supreme Court.
Thus, the Act recognises the right of advocates of practice law
in the country. If an advocate is speaking during practice, no
one may interrupt them unless they violate the rules and
regulations set by the court.