Rules on an advocate’s duty towards the Court

Act in a dignified manner : An advocate must behave in a dignified manner during the time of his case as well as while acting before the court. He should conduct himself with self-respect. Whenever there is a ground for complaint against a judicial officer, the advocate has a duty to submit his grievance to the concerned authorities.

Respect the Court

The advocate must show his respect towards the Court. He/she has to keep in mind that the dignity and respect towards the judicial officer are essential for the survival of a free community

No communication in private

The advocate should not communicate with the judicial officer in private regarding any matter pending before the court. The advocate should not influence the decision of a court in any matter through illegal or improper acts such as coercion, bribe, etc.

 Refusal to act in an illegal manner towards the opposition

An advocate should not act in an illegal manner towards the opposing counsel or opposite party. He should use his best effort to restrain his client from acting an illegal, improper manner or perform any unfair practice towards the judiciary, opposing counsel or opposing party.

Refusal to represent clients who insist on any unfair means of practice

An advocate shall refuse to represent the client who insists on using unfair or improper means. He shall be dignified in using his language in correspondence and arguments in the court. He shall not scandalously damage the reputation of the parties on false grounds during the pleadings.

Appear in proper dress code

The advocate should be present at all times in the court only in the proper dress code prescribed by the Bar Council of India Rules, and the dress code must be presentable.

Not represent the establishment of which he is a member

An advocate should not appear in the court, for or against any establishment in which he is a member. But this rule does not apply in the case of appointment as an ‘Amicus Curiae’ or without a fee on behalf of the Bar Council.

Not appear in matters with pecuniary interest

The advocate should not act on behalf of any matter in which he has a financial interest. He should not accept a brief from a company in which he is a Director.

Not stand as surety for the clients

The advocate should not stand as a surety for his client, or certify the soundness of a surety that his client requires for the purpose of any legal proceeding

From

Ms. Jyoti Garg

Assistant Professor

School of Law