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Rights of a lawyer

 Rights of a Lawyer

Whenever a person faces any problem or any legal right of a person is hurt or is in danger, he

moves towards the court. To make himself present in court, he seeks the help of an advocate.

A Advocates helps people to secure and protect their rights. But what about the rights of an

advocate? How are they protected?

In India, advocates are governed by the Advocates Act, 1961, which gives certain rights to

the advocates. In this article, you are going to read about the rights that are available to Indian

advocates.

Right to Pre-Audience

Section 23 says that the right of pre audience means the right to be heard before the other

advocate is heard . It is his right to  claim audience while he is representing his client in the

court of law that is the court will have to listen to him so long as he does not disturb the

decorum in the court. The right of ore audience gives them standing for the hearing of  the

cases but does not confer other rights.

Right to practice the profession. 

Advocates are granted the privilege to practice their profession in two categories: general

protection and specific protection.

General protection states that every person has a right to practice any profession or to

maintain any occupation, trade or business. And, the specific protection with regards right to

practice to an advocate is given under section 30 of the Advocate Act, 1961. Accordingly,

every advocate whose name is registered in the State roll has the right to practise in all the

courts, any tribunal or before the person who has the power to take evidence, throughout the

territories to which this Act applies.

In the case , J. Sampath Kumar Vs Bar Council Of India (1994) 2 MLJ 651 it was

observed that, The Bar Council of India, the first respondent has filed a common counter-

affidavit contending that the right to practice as an advocate is only a statutory right conferred

under the Act and cannot be claimed to be a fundamental right. Since the right to carry on any

profession is created by the statute, the exercise of which may be subject to terms and


conditions imposed by the statute and by the imposition of any terms and conditions, the

fundamental right cannot be said to have been infringed. It is stated that even assuming that

this is a fundamental right, there is no bar from imposing conditions in the interests of general

public.

Privileges to a lawyer under the Indian Evidence Act, 1872.

This right provides an exclusive right to the advocate, whereby he has the right to secure the

privacy of the communications done between him and his client. As per this section, no one

can be threatened to disclose any communication done between him and his legal advisor

until and unless he proposes himself as a witness in the court of law.

Right against arrest.

Right against arrest is contained under section 135 of CPC. It states the condition under

which an advocate cannot be arrested in any circumstance. As per the section mentioned, no

advocate can be arrested under civil process if he is going to court or is presiding in court or

is returning from court.

These are the rights and duties of the lawyers towards his client, court, and society. One of

the legal rights of the person is to get justice and lawyers are help people to get justice. The

Bar Council of India is empowered to gives right to legal professionals for practicing law as

advocates in legal courts. It is the responsibility of the advocate that he should not charge

arbitrary fees from his/her clients, which means he should tack reasonable fees from his

client. The client should be treated courteously by the advocates. He must try best to get

justice to the client. He should advise the client appropriately and in an appropriate approach.

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