UNIT- IV: LEGAL ETHICS

DUTY TO COURT, CLIENT, OPPONENT, COLLEAGUES S7 AND S49, ALONG

WITH THE RULES OF BAR COUNCIL INDIA

Section 1: Duty to the Court- Rules [1 to 10]

Section 2: Duty to the Client- Rules [11 to 33]

Section 3: Duty to an opponent [Rule 34 and 35]

Section 4: Duty to Colleagues [Rules 36 to 39]

Section 5: Duty in Imparting Training [Rule 40 to 44B]

Section 6: Duty to render Legal Aid [ Rule 45]

Section 7: Restriction on other Employments [Rule 47 to 52]

 Advocate's Duty To The Court:

An advocate is considered as an officer of the court, honoured member of the community,

and a gentleman, thinking that to become a member of the bar he has to be lawful and moral
not only in his professional capacity but also in his non professional capacity. An advocate
has to courageously support the interest of his client and also have to follow the principles of
ethics and etiquette both in correspondence.

The bar council of India rules, State Bar Council rules mention certain canons of conduct and
etiquette as general guides. Section 49(1) (c) of the Advocates Act, 1961 empowers the bar
council of India to make rules in order to determine the standards of professional conduct and
etiquette to be observed by the advocates. Chapter II of Part VI OF The Bar Council of India
Rules explaining the rules pertaining to Advocate's Duty to the Court.

Following Are The Duties Of Advocate Towards To Court:

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

a) Respectful attitude must be maintained by the advocate. He has to keep in mind the
dignity of the judge.
 b) An advocate should not, by any improper means should influence the decision given
by the court.
c) It is the duty of the advocate to prevent his client from resorting to unfair practices
and also the advocate himself should not do any of such acts.
d) Dress code has to be maintained by the advocate while appearing before the court.
e) An advocate should not take up any case of his family members and relatives.
f) No bands or gowns had to be worn by the advocate in the public places. It is only
limited to the court premises.
g) An advocate cannot be as a surety for his client.
h) It is the duty of the advocate to cooperate with the bench in the court.
i) It is the duty of the advocate to perform his functions in such a manner that due to his
acts the honor, dignity and integrity of the courts shall not be affected.
j) An advocate should not laugh or speak loudly in the court room especially when the
proceedings are going on.
k) When an advocate accepts a brief, he should attend all adjournments properly. If he
has any other work in another court, he should first obtain the permission from the
court concerned. Particularly in criminal cases, it is the first and foremost duty of an
advocate to attend.
l) While the case is going on, the advocate cannot leave the court without court's
permission and without putting another man in charge, preferably his colleague or
junior or friend advocate.

The Bar Council can review the order given by the disciplinary committee under Section 44
of the Advocate's Act, 1961.

V.C. Rangadurai vs D. Gopalan, In this case V. C. Rangadurai was an advocate and

Devasenapathy was an old deaf man, aged 70 years and Smt. D. Kamalammal was also aged.
They had given two promissory notes to rangadurai and also paid the fees as was asked to the
advocate. Nevertheless, the advocate did not file the case in time. The limitation was over.

After a long time of wandering around the office of the advocate, the old man came to know
that the advocate deceived him by not filing the cases within the time even after receiving the
fees. He filed a complaint before disciplinary committee of the Tamilnadu state bar council
which after enquiry punished the advocate suspending him for 6 years.
On appeal, it was confirmed by the Bar council of India and also by Supreme Court. Rule 6
of Chapter II of Part- VI of the Bar Council Rules states that an advocate shall not appear,
act, plead or practice before the court if any member is related to the advocate as father, son,
wife etc. the main object is to avoid personal bias between an advocate and presiding officer
related to such advocate. Due to natural love and affection, the judge may incline towards the
advocate, thus to favour the client of the advocate related to him or her.

In case of Satyendra Nararain Singh and Others vs Ram Nath Singh and Others, wife is the
judge and husband is the advocate. Court held that the advocate should not appear before his
wife, who is the judge of the court. If he appears before the court, to which his wife is
presiding officer, it becomes his professional misconduct. If he appears before the wife-
judge. It is the duty of the judge to raise the objection. If she fails to object and accepts his
appearance, then it becomes her judicial misconduct.

The advocate must always possess duty consciousness. The clients like the advocate, who
devotes his entire time and energy to his clients. The duty conscious lawyer, once his
engagement is final, sticks to the preparation of that case on facts and laws with such tenacity
that he leaves no efforts from his side to win the case of his clients on merits by all legal
means.

 Advocate's Duty To The Client:

Chapter II of Part IV of Bar Council of India Rules (Rule 11 to 33) provides the provisions
relating to advocate's duty to client. Advocate's profession is a noble and honorable
profession in the society. It is a public service. But at the same time it should be kept in mind
that it is not a bed of roses especially for the new entrants. An advocate has several duties to
his clients. The clients generally prefer an advocate who is hard working.

They mostly trust on the workmanship of the advocate, whom they can easily reach and
explain their difficulties. Most of the clients prefer an advocate who dedicates his entire time
to the clients and especially who is polite with the clients. The duty- consciousness lawyer,
once his engagement is final, sticks to the preparation of that case in facts and laws with such
tenacity that he leaves no efforts from his side to win the case of his clients on merits by all
legal means.
It is the duty of the lawyer to take up the particular file and has to start making preparation
even if the client is present or not. Such preparation of the file has to take place with the
views that are already shared by his clients. The duty of the advocate is to never shrikes from
devoting time, not only in the interest of his client, but also to satisfy his own duty- conscious
nature which singles him out from his profession. The relationship between the advocate and
client is of two types. They are:

Contractual Relationship: It basically arises and ends only till the period of contract exist. In
India, the relationship between the advocate and his client arises primarily from contractual
obligations. A client chooses an advocate for his case depending upon his professional
success, with strong desire that he is the fit person to defend his cause. After hearing the
cause, the advocate decides whether to take the case or not. If he wants to take up the case, he
will offer the client with certain amount of fee.

If the client agrees to pay the sum, the advocate takes up the case. Thus a matter of contract
shall be reached between an advocate and a client. If a client fails to pay the remuneration,
the advocate can sue him or has a right of lien on the documents of his client.

In Kothi Jairam vs Vishwanath, the Supreme Court has held that an agreement made by his
client to pay his lawyer according to the result of the case is against public policy. The
Supreme Court observes that it is professional misconduct for an advocate to stipulate for or
agree with his client to accept as his fee or remuneration as share of the property sued or
other matter in litigation upon the successful issue thereof. In England, a lawyer cannot sue
for his fee. If a lawyer behaves negligently, he can be sued for his negligence, in India
whereas in England, he cannot be sued.

Fiduciary Relationship: Fiduciary relationship is the relationship which never ends. If a client
approaches the advocate and discloses the confidential information of his life then this kind
of information comes under fiduciary relationship which the advocate has to keep it as a
secret and not disclose it all his life.

An advocate shall not change the parties. Rule 33 of the bar council of India rules provides
for the same. It is also professional ethics. For example, if there are two rival parties A and B.
A approaches X- an advocate, and seeks his advice after explaining all the facts of the case,
weaknesses and strengths. After obtaining his opinion, A gives his case to Z another
advocate. If B approaches X asking him to defend on his behalf, it is professional ethics of X
to refuse the brief of B, being fully informed about the case by A.

It is the duty of the advocate to give proper advice to his client. Rule 32 of the bar council of
India provides that an advocate is not supposed to lend his money to his client for any kind of
legal proceedings. But there is an explanation which says that and advocate cannot be
pronounced as guilty if he does something that breaches the above said rule. It is more like an
exception but given as explanation.

 Advocate's Duty To The Opponent Advocate:

An advocate and his opponent are like brothers in the profession but representing the
different interests of different clients. Clients are not permanent they come with the case and
leave, once the case is done but advocates adhere to the court and see each other or meet each
other frequently in the court. If an advocate quarrels with another, they cannot face each other
or work together happily. Their difference and grudge spoil the atmosphere. It also affects
their clients. If it creeps to the court it spoils the administration of justice. In the court,
advocate is not the decision maker, judge is the decision maker.

An advocate must always try to convince the court by the law and precedents. He must be in
a position to defeat his opponent advocate by using law and precedents. For this purpose
there must always healthy competition between an advocate and his opponent. Leaving this
highway, if an advocate starts fighting with his opponent as an ordinary person by using
scurrilous language, it does not help his carrier. Moreover it spoils his clients, and further
degrades the court.

Advocates are the part and parcel of the administration of justice. They fight for justice. They
struggle for the welfare and good of their clients. It does not mean that the advocate and the
opponent advocate are enemies with each other. There is a controversy and discrimination on
the issue but not between them. Their conflict ends as soon as they come out of the court
premises. If they quarrel with each other like ordinary persons it affects the bar- bench
relations. It may lead to the groups in the bar.

Finally it badly vitiates the peaceful atmosphere of the court. Every advocate has a right to
cross examination, arguments, verification of documents etc. while doing so he shall not be
interrupted unnecessarily. Like him, the opponent advocate shall enjoy the same right
therefore, any advocate shall not interrupt his opponent in cross examination, arguments
unnecessarily. Interruption of the opponent is improper. This destroys the decorum of the
court. It obstructs the ideas of the opponent. If necessary, an advocate may raise any
objection with the permission of judge. No advocate has the right to prevent a judge
following the course of argument of the opposite advocate.

A dispute is submitted before a judge by two parties. Each advocate will definitely work hard
to get the judgement in his favour but it is not possible to a judge to give the judgement in
favour of both the parties. He will give his judgement to anyone of the parties based on the
facts of the case. One party is defeated and another party will win the case. Therefore, each
advocate must have a spirit of a sports man. All advocates are equal before the court.

An advocate should not have contacts and engagements with the opposite party especially on
the issue which is pending before the court. If necessary, an advocate may contact his
opposite party with the permission or with notice to his opposite advocate. An advocate
should not be stubborn on the minor matters. For example, if the opponent advocate has
asked the adjournment of a case on genuine grounds. In such case, an advocate should not
prolong the matter and create nuisance before the court. It is the duty of advocate to not take
advantage of temporary difficulties of the opponent advocate. The combating between them
must be fair and in a legitimate manner. The duty of the advocate is to show proper courtesy
to the opposite counsel.

 Advocate's Duty To The Colleagues:

Section IV of Chapter II of Part VI of Br Council of India lays down the provisions about the
Advocate's duty to the colleagues. Rules 36 to 39 provides for advocate's duty to the court.
An Advocate cannot appear in a case where a memo is filed by the name of the other
advocate. To do so he has to first take consent from the advocate and in case if such consent
is not given then he has to apply to the court stating the reasons as to why he need consent.

All advocates are part and parcel of the administration of justice. They are court officers.
They take the fee of the services rendered. But the fee is not the criteria its only secondary
their service is basically a public service and each advocate's office is known as public office.
The primary concern of the advocate should be aiming for justice for the welfare of people.
There should not be any kind of unhealthy competition between the colleagues. All are equal
and each of them to mutually respect each other. An advocate is not supposed to advertise
himself.
If any client brings a case from another advocate to an advocate asking him to appear for the
case, then this new advocate should not readily accept the case; first he has to go through the
background of the case, details of the case and most importantly he must know the reasons as
to why the client wants to change the previous advocate. If all the reasons stated by the client
are proper then he must ask the client to bring a no objection certificate from the previous
advocate; then only it is appropriate for him to take up the case. All members of the bar
association are known as colleagues. An advocate has to respect all his colleagues and should
not criticise co advocates.

An arrogant attitude of an advocate towards his colleagues is always observed by the clients
and public present in the court. This kind of behaviour affects his profession, bar and bench
relations, court proceedings and finally the whole administration of justice.

 Rules 47 to 52 of Section VII of the rules deals with restrictions on other

employments. This restriction is considered as a general etiquette on the part of
lawyers as the profession of law is a noble profession and requires full time
dedication.

Restriction on Other Employments

49. An Advocate shall not personally engage in any business but he may be a sleeping partner
in a firm doing business provided that, in the opinion of the Bar Council the nature of the
business is not inconsistent with the dignity of the profession.

50. An Advocate may be a Director or Chairman of the Board of Directors of a company with
or without any ordinary sitting, fee provided none of his duties are of an executive character.
An Advocate shall not be a Managing Director or a Secretary of any company.

51. An Advocate shall not be full-time salaried employee of any person, government, firm,
corporation or concern, so long as he continues to practise and shall, on taking up any such
employment, intimate the fact to the Bar Council and shall thereupon cease to practise as an
advocate so long as he continues in such employment.

Nothing in this rule shall apply to Law Officer of the Central Government or the Government
of a State or of any Public Corporation or body constituted by statute who is entitled to be
enrolled under the rules of the Bar Council made under Section 28(2)(d) read with Section
24(1)(c) of the Advocates Act, 1961 despite his being a full-time salaried employee.
52. An Advocate who has inherited, or succeeded by survivorship, to a family business may
continue it, but may not personally participate in the management thereof. He may continue
to hold a share with others in any business which has descended to him by survivorship or
inheritance or by will, provided he does not personally participate in the management thereof.

53. An Advocate may review Parliamentary Bills for a remuneration, edit legal text books at
a salary, do 'press-vetting' for newspapers, coach pupils for legal examinations, set and
examine question papers; and subject to the rules against advertising and full-time
employment, engage in broadcasting, journalism, lecturing and teaching subjects both legal
and non-legal.

54. Nothing in these rules shall prevent an Advocate from accepting, after obtaining the
consent of the Bar Council part-time employment provided that in the opinion of the Bar
Council the nature of the employment does not conflict with his professional work and is not
inconsistent with the dignity of the profession.

These rules shall be subject to such directives if any as may be issued by the Bar Council of
India from time to time.

DUTY TOWARDS SOCIETY

 Professional ethics is nothing but the duties which are to be followed by the advocate.
An advocate who violates these duties is considered as he has violated the principles
of professional ethics. These are the moral duties which have to be followed by
everyone not only in the advocate profession but other professions as well because
ethics and morals are important for each and every person in the society.

The core subject of legal ethics is to maintain honour, dignity of the law profession
and to create a friendly atmosphere in the court without any biasness and quarrels
between advocates which eventually spoils the bar and bench relations and ultimately
affects the administrative system of justice. Cooperation and fair dealing is necessary
for the advocates. This kind of attitude helps them to acquire more clients and be
responsible towards the society because an advocate is considered to do public
service.
Advocate has duties which are to be performed towards himself, his clients,
opponents, colleagues, court etc. it is the duty of the advocate to maintain the
decorum of the court and act properly with his opponents or colleagues. He must
always act in the best interests of his clients and should not do any kind of act that
betrays their trust upon him.
An advocate has to present his case before the court fearlessly. He must maintain the
dignity of the legal profession as well as the dignity of the court. He is considered as
an officer of the court and required to uphold the dignity and decorum of the court.
These rules prohibit private communication with the judge relating to a pending case.
Not only the litigants and witnesses but the general public will also get the
inspirations from the example of advocates. It is necessary for dignified and
honourable administration of justice that the court should be regarded with respect by
the suitors and people. As every individual has a code of conduct, in the same way
advocate also has conduct or duties which are to be performed towards himself, his
clients, opponents, colleagues, court etc. it is the duty of the advocate to maintain the
decorum of the court and act properly with his opponents or colleagues. He must
always act in the best interests of his clients and should not do any kind of act that
betrays their trust upon him. All these duties, ethics and morals help an advocate to be
in a better position in his career and become a successful lawyer.