Duties of an advocate towards court
•Duty to the Court
The Bar Council of India has made certain rules so as to prescribe duties of an advocate to the Court. Such duties may be explained as follows
1. During the presentation of the case and while acting otherwise before the Court an advocate is required to conduct himself with dignity and self-respect. An advocate shall not be servile and in case of proper ground for serious complaint against a judicial officer, it is his right and duty to submit his grievance to the proper authorities. The rule empowers the advocate to make complaint against a judicial officer but it should be submitted to the proper authorities.
2. An advocate is required to maintain towards the Court a respectful attitude bearing in mind that the dignity of the judicial office is essential for the survival of a free community. This rule makes it clear that the lowering the dignity of the judicial office will be a serious danger to the survival of a free community.
3. The rule has made it clear that no advocate shall influence the decision of the Court by any illegal or improper means. It prohibits the private communication with a judge relating to a pending case Consequently, if an advocate attempt to influence the decision of a ourt by any illegal or improper means it will amount to the professional misconduct
4. The rule requires the advocate to use his best effort to restrain and prevent his client from resorting to sharp or unfair practice or from doing anything in relation to the Court, opposing counsel or parties which the Advocate himself sught not to do is also requires the advocate to refuse to represent the client who persilits in such improper conduct. The rule makes it clear that the advocate shall not consider himself mere mouthpiece of the client and shall exercise his own judgment in the use of restrained language in correspondence, avoiding scurilous attacks in pleadings and using intemperate language during arguments in the Court.
5. An advocate shall appear in Court at all times only in the prescribed dress and his appearance shall always be presentable.
6. An advocate shall not enter appearance, act plead or practise in any way before a Court. Tribunal or authority mentioned in section 30 of the Advocates Act, if the sole or any member thereof is related to the advocate as father, grand-father, son, grand-son, uncle brother nephew, first cousin, husband, wife, mother daughter sister aunt, niece, father-in-land mother-in-law, son-in-law, brother-in-law, daughter-in-law or sister-in-law For this purpose of this nile, Court shall mean a Court, Bench or Tribunal in which abovementioned relation of the advocate is a fudge, Member or the Presiding Officer
The provisions of Section 30 of the Advocates Act are as follows Subject to the provisions of the Advocates Act every advocate whose name is entered in the State roll shall be entitled as of right to practise throughout the territories to which this Act extends
(i) in all courts including the Supreme Court; (ii) before any tribund or person legally authorised to take evidence and
(iii) before any other authority or person before whom such advocate by or under any law for the time being in force entitled to practice.
7. The rule requires the advocate not to wear bands or gowns in public places other than in Court except on such ceremonial occasions and at such places as the Bar Council of India or the Court may prescribe
8.The rule provides that an advocate shall not appear in or before any Court or Tribunal or any other authority for or against an organisation or an institution, society or corporation, if he is a member of the executive committee of such organisation or institution of society of corporation "Executive Committee, by whatever name it may be called, shall include any comunitine or body of person which, for the time being, is vested with the general management of the affairs of the organisation or institution or society of corporation. However it has been made clear that this tule shall not apply to such a member appearing as "amicus curia or without a few on behalf of a Bar Council, Incorporated Law Society or a Bar Association.
9.An advocate shall not act or plead in any matter in which he is himselt pecuniarily interested For example, an advocate should not act in a bankruptcy petition when he himself is also a creditor of the bankrupt.
Rules 1 and 2 (stated above) make it clear that an advocate should present the case of his client before the Court fearlessly. He shall not be servile and in case there is proper ground for complaint against a judicial officer is not only his right but duty to submit his grievance to the proper authorities. However, the rule has also made it clear that he must be respectful to the Court. He must maintain the dignity of the legal profession as well as the dignity of the Court. He is an officer of the Court and required to uphold the dignity and decorum of the Court and not to do anything to bring the Court itself to disrepute. In a case a lawyer imputed particularly and unfairness against the Munsiff and said that the Munsiff did not follow principles in his order. The lawyer was held liable for professional misconduct
Rules 3 and 4 are also of much importance in the fair administration of justice. These rules require an advocate not to influence the decision of a Court by any illegal or improper means and use his best efforts to restrain and prevent his client from resorting to sharp or unfair practices or from doing anything in relation to the Court, opposing counsel or parties while the advocate himself ought not to do. These rules prohibit private communication with Judge relating to a pending case. An attempt to influence the decision of a Court by improper or illegal means and private communication with the Judge relating to a case are taken not only professional misconduct but also contempt of Court. Thus, if an advocate stoops to bribe a Judge to get an order in favour of his client' or suggests his client to bribe the official to obtain the favourable order will amount to professional misconduct.
An advocate is an officer of the Court and the Court acts on the statements of the advocate. It is the duty of the advocate to assist the Court in the due administration of justice. Consequently an advocate is required to be absolutely fair to the Court. He should make accurate statements of facts and should not twist the facts. He should not misguide the Court by suppressing the relevant facts. If an advocate suppresses the fact that earlier an identical petition has been dismissed by another Bench of the High Court, it would amount to professional misconduct. It is the duty of the advocate to assist the Court in the administration of justice and not to cite knowingly an overruled decision or a repealed statute.
0 Comments