Duties Of An Advocate [Norms Of

Professional Ethics]

DUTIES AND OBLIGATIONS OF AN ADVOCATE

Lawyers may have different titles and different duties, depending on

where they work.

In-law firms, lawyers, sometimes called associates, perform legal work for
individuals or businesses.

Those who represent and defend the accused may be called criminal law,
attorneys or defense attorneys.

As lawyers, we are expected to perform certain duties as framed by the

BCI mentioned in chapter II, part VI of the Bar council of India Rules.
These duties are as follows:

1. Section I: Duty to the court

2. Section II: Duty to the Client
3. Section III: Duty to the opponent
4. Section IV: Duty to Colleagues
 Importance of professional ethics

Professional ethics will provide the useful function of

identifying the moral hazards and provide the appropriate
avoidance or work around strategies. Most professional have an
informational advantage over those they serve.
This power irregularity can be exploited to the advantage of
professional and thus their needs to be a corresponding sense
of professional responsibilities that obligates the professional
to act in the clients based long term interest and additionally to
take appropriate safeguards and to make necessary disclosers
and to secure consent to protect the client and assure the
professional behavior is on the up-and-up.

Most professional are, at some point, young and inexperienced

professionals. Thus, professional ethics represent a kind of
collectives, time tested wisdom that is passed on to new
professionals: Watch out for this or do that. Also with changing
laws, technologies and mores, professional standards will work
to keep the profession up to date of new ethical challenges and
emerging responsibilities and best practices.

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 Duty Towards Opponent

Duty not to negotiate directly with opposing party:

An advocate shall not in any way, communicate or negotiate or call

for settlement upon the subject matter of controversy with any party
represented by an advocate except through the advocate
representing the parties.

 Duty carry out legitimate promises

An Advocate shall do his best to carry out all legitimate promises

made to the opposite party even though not reduced to writing or
enforceable under the rules of the court

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 DUTIES TOWARDS COLLEAGUES

 Duty to professional courtesy and cooperation:

Advocates have a duty to treat their colleagues with professional courtesy,

respect and cooperation.
They must not engage in any conduct that may harm the reputation or interest
of their colleagues.
An Advocates must strive to maintain a cordial and professional relationship
with their colleagues and promote a healthy and harmonious working
environment within legal profession.

 Duty to Report Professional Misconduct :

Advocates have a duty to report any instance of professional misconduct by their
colleagues to the appropriate authorities such as the Bar Council or the court.

Advocates must not shield or protect their colleagues who engage in unethical or
illegal conduct and maintain the integrity and reputation of the legal profession and
uphold the interest of justice

 Duty to mentor and guide junior advocates:

Advocates who have gained experience and expertise in legal profession have
a duty to mentor and guide junior advocates.
They must share their knowledge skills and experience with junior advocates
and help them in their professional developments.
Advocates must also strive to maintain a healthy and respectful relationship
within the juniors.

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 DUTY TO RENDER LEGAL AID

Introduction

 Justice is the concept of morality based on the ethics,

rationality law, natural law, fairness, religion and equality.
Justice is the result of the fair and proper administration of law.
upholding justice means uphold the justice of a cause.
 Equal access to justice is the right that is best on human right
obligation by access to justice means that people are capable of
claiming their rights to protect their livelihood, income assets
and seek remedy against exploitation.
 Legal aid means granting free legal service to the people who
are economically below poverty line who cannot afford the
services of a lawyer for their justice.
 According to article 39 A of the constitution of India

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 What is legal aid?

Legal aid means granting free legal service to the people who
economically below poverty line who cannot afford the services
of lawyer for their justice.
According to article 39 A of the constitution of India the state
shall secure that the operation of legal system promotes justice
on the basis of equal opportunity.

Legal Aid

 Meaning and upholding justice :

Justice in the concept of morality based on ethics, rationality

law, natural law, fairness.

Upholding justice means maintain justice in the society.

Access to justice has the biggest hindrance on the poor
people in the developing countries.

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An advocate is a privileged member of the community and a
gentleman beside being a citizen.

He has greater responsibility to protect the country and

lead the community

1. An advocate shall establish legal aid societies for the

purpose of rendering legal assistance to really poor and
deserving persons free of any charge
2. An advocate shall help the people local bodies such as
panchayats in villages to function on sound lines, so that
the people may discharge their functions in an
enlightened and responsible manner
3. An advocate shall provide legal education to the illiterate
and working people by informing them for the rights and
legal provisions in simple language
4. An advocate shall compose family differences and settle
petty disputes and controversies by amicable settlement
5. An advocate shall educate the masses on the right lines
to come out of a many social ills from which people are
suffering.
6. An advocate shall work with social welfare committees to
promote social order in which justice, political, economic
and social will be assured to one and.

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 Case laws

The duty of an advocate towards their opponent is an essential part of professional ethics,
ensuring fairness, courtesy, and respect in legal proceedings. Here are some important
case laws related to this duty:
1. Emperor v. Rajani Kanta Bose (1930)
 Facts: An advocate made false and defamatory statements against
the opposing counsel in court.
 Judgment: The court held that an advocate must maintain decorum
and should not make baseless allegations against opponents.
 Principle: Advocates must treat their opponents with respect and
avoid any form of professional misconduct.
2. P.D. Gupta v. Ram Murti & Anr (1997) 7 SCC 147
 Facts: The advocate failed to show professional respect towards his
opponent and engaged in unethical conduct.
 Judgment: The Supreme Court held that an advocate has a duty to
act in a fair and dignified manner towards the opposite party.
 Principle: Advocates must conduct themselves with integrity and not
engage in tactics that unfairly prejudice the opponent.
3. R.D. Saxena v. Balram Prasad Sharma (2000) 7 SCC 264
 Facts: An advocate refused to return case files to the opposite party,
causing unnecessary delay in the proceedings.
 Judgment: The Supreme Court ruled that such behavior amounted
to professional misconduct.
 Principle: Advocates must not engage in obstructionist tactics or
cause undue hardship to their opponents.

Advocates have a duty to treat their colleagues with respect,

fairness, and professionalism. The following case laws highlight the
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ethical obligations and responsibilities of advocates towards their
fellow lawyers:

1. P.D. Gupta v. Ram Murti & Anr (1997) 7 SCC 147

Facts: The advocate acted in an unethical manner towards a fellow

lawyer, showing a lack of professional respect.

Judgment: The Supreme Court held that an advocate must always act
with dignity and fairness towards their colleagues.

Principle: Advocates must maintain cordial relations with their colleagues

and avoid any conduct that brings disrepute to the legal profession.

2. Bar Council of Maharashtra v. M.V. Dabholkar (1976) 2 SCC

291

Facts: The case dealt with professional misconduct where an advocate

acted against the interests of a fellow advocate.

Judgment: The Supreme Court ruled that advocates must maintain

professional ethics and should not indulge in acts that harm their
colleagues.

Principle: Advocates should uphold the dignity of the profession and

respect their colleagues in all professional dealings.

3. R.D. Saxena v. Balram Prasad Sharma (2000) 7 SCC 264

Facts: An advocate unethically withheld case files and documents,

causing hardship to another advocates.
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Judgment: The Supreme Court held that such actions amount to
professional misconduct.

Principle: Advocates must cooperate with their colleagues and not

engage in actions that disrupt the legal process.

Legal Aid

1. Khatri Vs State of Bihar (1981 AIR 928)

o The court ruled that the state has a constitutional obligation under
Article 39 A to provide free legal aid to indigent accused persons
from the moment they are produce before magistrate.

2. Hussainara khatoon Vs State of Bihar (1979 AIR 1369)

o The supreme court of India held that free legal aid is an essential
part of a fair and just trial under Article 21 (Right to Life) of the Indian
constitution.

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