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
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
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.