Sunday, 23 January 2022

Duty of an Advocate towards Court and Client

 Lawyers are considered to be the protectors of Justice and their duties should be to serve society. The legal profession is one of the most respectable professions and such respect has to be earned by discharging various duties. Following are the duties which the lawyers need to discharge.

Duty towards the Court-

  1. An advocate should be clear on his facts and he should be precise, clear, concise in his arguments.

  2. An advocate should not behave rudely while submitting his arguments.

  3. An advocate must tactfully present the matters.

  4. An advocate has the duty to not mislead the court.

  5. An advocate shall not use any illegal and improper means to influence the decisions of the court.

  6. An advocate should adhere to the dress code while appearing in the code. He should avoid wearing a band or gown in public places to maintain the sanctity of the profession.

  7. An advocate should maintain his dignity and self-respect while presenting his case or while acting Infront of the court.

  8. An advocate shall not criticize the Judiciary with malice. 

  9. An advocate should not plead in a matter from where he is deriving a pecuniary interest.

  10. An advocate shall not stand as a surety or in any manner certify the soundness of any surety, required under any legal proceedings.

  11. An advocate shall present the relevant law in his case to assist the court.

  12. An advocate shall refrain to enter on appearance, act, plead or practice in any way or form before any court on behalf of close kith and kin. (Includes Tribunal or Authority)

Duty towards the Client-

  1. An advocate shall work towards the interest of his client by fair and honourable means.

  2. An advocate shall submit the case on behalf of his client fairly and reasonably.

  3. An advocate shall pay attention to the case he is dealing with.

  4. An advocate shall follow the instructions of his client or his authorised agent and not from any other person.

  5. An advocate shall not withdraw from the engagements once accepted, without any reasonable cause and notice to his client.

  6. An advocate shall not abuse or take advantage of the client’s confidence towards him.

  7. An advocate shall not settle for a less fee than what is taxable under the rules when the client has the paying capacity.

  8. An advocate shall not adjust any fee payable to him by his client towards any personal liability to his client.

  9. An advocate shall maintain account of the clients’ fee.

  10. An advocate shall not disclose any material fact or communication done between him and his client or any authorised agent of the client even after the case is over.

  11. An advocate shall not lend any amount of money to his client for the legal proceedings where the client has engaged him.

Apart from the above duties, an advocate has a duty towards the country, community, opponent, colleagues. An advocate is not only a privileged member of the community but also a responsible citizen and has the responsibility to protect and lead the country. An advocate should live by the truth and justice by discharging his duties.

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