KES’ Shri Jayantilal H.

Patel Law College, Mumbai

Practical Training
for
(2023, B, 28)
By
Harsh Mehta
Roll No. 28
Seat no. 3089
Third year BA.LLB
Division. B
Under the Supervision of
Shivani Negi

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 Index

Sr.no Particular Pg.no

1 Define contempt of court. Explain the Kinds of 3-15
contempt under the contempt of court Act
2 Explain the relation between Bench and Bar. 16-30
3 Write duties of an advocate towards his clients, courts, 31-38
colleagues, and opponents.
4 Write the functions and power of disciplinary 39-45
committee of Bar Council of India and State Bar
Council.
5 Write rights and duties of advocate under the Advocate 45-58
Act 1961.

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Q1. Define contempt of court. Explain the Kinds of contempt under the contempt
of court Act
The term ‘Contempt of Court’ is a generic term descriptive of conduct in relation
to proceedings in a court of law which tends to undermine that system or to inhibit
citizens from availing themselves of it for the settlement of their disputes.”This
definition is given by Lord Diplock when he was giving the judgment in the case
of Attorney-General v. Times Newspapers Ltd.
Contempt of court is an act of disrespect or disobedience toward a court or
interference with its orderly process. Examples include disrupting court
proceedings, interfering with attempts to obtain evidence, destroying evidence,
disobeying a court order, and intimidating witnesses.
A contempt order may address behaviour both in and outside the courtroom,
including public displays of disrespect toward the court. In short, you risk being
found in contempt of court if you act in a disruptive, disrespectful way or threaten
a case's fair verdict or outcome.
Contempt of Court can be easily understood as when we are disrespectful or
disobedience towards the court of law which means that we wilfully fail to obey
the court order or disrespect the legal authorities. Then the judge has the right to
impose sanctions such as fines or can send the contemnor to jail for a certain
period of time if he is found guilty of Contempt of Court.
This term can also be understood in terms of the freedom of limits of the judicial
proceeding. As we know that all judges in courts can give judicial proceedings
which have a certain limit in which it has the freedom to make any judicial
proceeding and anything which curtails or stops it in making any judicial
proceeding which is of necessity can amount to contempt of court.
Halsbury, Oswald, and Black Odgers have also given the definition of Contempt
of Court and in addition to that, they have talked about its misuse and its wrong
interpretation and its broad prospectus.
In India, the concept of Contempt of Court is defined in Section 2(a) of

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the Contempt of Courts Act, 1971 which has broadly described it as civil
contempt or criminal contemp
There are two Articles in the Constitution of India which talk about the Contempt
of Court, and these are Article 129 and Article 142(2).
Example: -
The case of Martin A. Armstrong is a famous example of civil contempt of court.
Armstrong, a former financial advisor who founded a firm known as Princeton
Economics International, was accused of a $3 billion Ponzi scheme by the U.S.
government in a civil suit of securities fraud.
In January 2000, he was ordered by a federal judge to turn over to the government
about $15 million in gold bars, rare coins, and antiquities. Armstrong claimed
that he did not have the assets, and his repeated inability to produce them resulted
in him being jailed for seven years on various criminal acts and fines associated
with contempt of court charges.
In April 2007, Armstrong was sentenced to five years in jail after pleading guilty
to one count of conspiracy to hide trading losses amounting to hundreds of
millions of dollars.6 He was released from prison in March 2011.
Essentials of Contempt of Court
If a person named Akash has to prove that the other person named Sita is guilty
of committing an act which is an offence in a court of law. Then he must show
the court that the offence which Sita has done is fulfilling the essential required
to commit that act or not. If the essentials of that will be fulfilled, then he will be
liable for that act. Similarly, every offence has certain exceptions that must be
fulfilled for making the person liable for doing that act. Contempt of Court also
has certain essentials, and these are as follows:
Disobedience to any type of court proceedings, its orders, judgment, decree, etc
should be done ‘wilfully’ in case of Civil Contempt.

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In Criminal Contempt ‘publication’ is the most important thing and this
publication can be either spoken or written, or by words, or by signs, or by visible
representation.
The court should make a ‘valid order’ and this order should be in ‘knowledge’ of
the respondent.
The action of contemnor should be deliberate, and it should be clearly disregard
of the court’s order.
These essentials should be fulfilled while making someone accused of Contempt
of Court.
Types of Contempt of Court in India
Depending on the nature of the case in India, Contempt of Court is of two types.
Civil Contempt
Criminal Contempt
Civil Contempt
The purpose of the proceeding for the civil contempt is not only to punish the
contemner but also to exercise enforcement and obedience to the order of the
Court. In Vidya Sagar v. Third Additional District Judge, Dehradun, 1991 Cr LJ
2286, it was held that Civil Contempt, actually, serves dual purpose:
(i) Vindication of the public interest by punishment of contemptuous conduct;
and
(ii) Coercion to compel the contemner to do what the Court requires of him.
Section 2(a) of the Contempt of Court Act, 1971 states Civil Contempt as wilful
disobedience to the order, decree, direction, any judgment or writ of the Court by
any person or wilfully breach of undertakings by a person given to a Court. Since
Civil Contempt deprives a party of the benefit for which the order was made so
these are the offences essential of private nature. In other words, a person who is
entitled to get the benefit of the court order, this wrong is generally done to this
person.

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There is a case on the wilful disobedience of the court order which a person
should know, Utpal Kumar Das v. Court of the Munsif, Kamrup
This is the case of non-rendering of assistance, although the court has

ordered to render assistance. Decree executed by the court to deliver immovable

property but because of certain obstruction, the defendant failed to do so. Hence,
he was held liable for constituting disobedience to the orders of the competent
Civil Court.
Another case is on the breach of an undertaking which leads to Contempt of
Court.U.P. Resi. Emp. Co-op., House B. Society v. New Okhla Industrial
Development Authority
In this case, the Supreme Court has directed the Noida Authorities to verify and
state on the affidavit details given by persons for allotment of plots. In pursuance
to the same direction by the Supreme Court a person Mr. S filed a false affidavit
to mislead the court. The Registry directed a show-cause notice against him to
say that why an act of contempt should not be taken against him for misleading
the Supreme Court.
Defences to Civil Contempt
A person who is accused of Civil Contempt of case can take the following
defences:
Lack of Knowledge of the order: A person cannot be held liable for Contempt of
Court if he does not know the order given by the court or claims to be unaware
of the order. There is a duty binding on the successful party by the courts that the
order that has passed should be served to the Individual by the post or personally
or through the certified copy. It can be successfully pleaded by the contemner that
the certified copy of the order was not formally served to him.
The disobedience or the breach done should not be: If someone is pleading under
this defence then he can say that the act done by him was not done wilfully, it
was just a mere accident, or he/she can say that it is beyond their control. But this

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plead can only be successful if it found to be reasonable otherwise your plead can
be discarded.
The order that has disobeyed should be vague or ambiguous: If the order passed
by the court is vague or ambiguous or this order is not specific or complete in
itself then a person can get the defence of contempt if he says something against
that order. In R.N. Ramaul v. State of Himachal
Pradesh, this defence has been taken by the respondent. In this case, the Supreme
Court has directed the corporation of the respondent to restore the promotion of
the petitioner from a particular date in the service. But the respondent has not
produced the monetary benefit for the given period and a complaint was filed
against him for Contempt of Court. He pleads for the defence on the given
evidence that it has not mentioned by the court in order to pay the monetary
benefit. Finally, he gets the defence.
Orders involve more than one reasonable interpretation: If the contempt of any
order declared by the court and the order seems to be given more than one
reasonable and rational interpretation and the respondent adopts one of those
interpretations and works in accordance with that then he will not be liable for
Contempt of Court.
Command of the order is impossible: If compliance of the order is impossible or
it can not be done easily then it would be taken as a defence in the case of
Contempt of Court. However, one should differentiate the case of impossibility
with the case of mere difficulties. Because this defence can be given only in the
case of the impossibility of doing an order.
Criminal Contempt
In India the definition of contempt of court is found in clause (c) of Section 2 of
the Contempt of Courts Act, 1971. It provides that "Criminal Contempt" means
the publication whether by words, spoken or written or by signs, or by visible
representations, or otherwise of any matter of the doing of any act whatsoever
which scandalizes or tends to scandalize or lower or tends to lower the authority

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of any court, or prejudices or interferes or tends to interfere with the due course
of any judicial proceedings or interferes or tends to interfere with or obstructs or
tends to obstruct the administration of justice in any other manner
According to Section 2(c) of the Contempt of Court Act, 1971, Criminal
Contempt is Defined as (i) the publication of any matter by words, spoken or
written, or by gesture, or by signs, or by visible representation or (ii) doing of any
act which includes:
a) Scandalize or tends to scandalise, or lowers or tends to lower the authority of
any court, or
b) Biasness, interferes or tends to interfere with the due course of any type of
Judicial proceedings, or
c) obstructs or tends to obstruct, interfere, or tend to interfere with the
administration of justice in any manner.
Case on Scandalizing the Court:
Jaswant Singh v. Virender Singh
In this case an advocate caste derogatory and scandalous attack on the judge of
the High Court. An application was filed an election petitioner in the High Court,
who was an advocate. He wanted to seek to stay for further arguments in an
election petition and also the transfer of election petitions. These things cause an
attack on the judicial proceeding of the High Court and had the tendency to
scandalize the Court. It was held in this case that it was an attempt to intimidate
the judge of the High Court and cause an interface in the conduct of a fair trial.
Punishment for Contempt of Court
Section 12 of the Contempt of Court Act, 1971 deals with the punishment for
Contempt of Court. High Court and the Supreme Court have been given the
power to punish someone for the Contempt of Court. Section 12(1) of this Act
states that a person who alleged with the Contempt of Court can be punished with
simple imprisonment and this imprisonment can extend to six months, or with
fine which may extend to two thousand rupees or can be of both type of

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punishment. However, an accused may be discharged or the punishment that was
awarded to him maybe remitted on the condition that if he makes an apology and
this apology should satisfy the court then only, he can be exempted from the
punishment of Contempt of Court. Explanation of this sentence is that if the
accused made an apology in the bona fide then this apology shall not be rejected
on the ground that it is conditional or qualified.
The court can not impose a sentence for Contempt of Court more than what is
prescribed under the given section of this Act either in respect of itself or of a
court subordinate to it.
Remedies against an order of Punishment
Section 13 has been added in the Contempt of Court Act, 1971 after amendment
in 2006. The new Act may be called The Contempt of Court (Amendment) Act,
2006. This Section tells that contempt of court cannot be punished under certain
circumstances or certain cases.
Clause (a) of Section 13 of the Contempt of Court (Amendment) Act, 2006 states
that no Court under this Act shall be punished for Contempt of Court unless it is
satisfied that the Contempt is of such a nature that it substantially interferes or
tend to substantially interfere with the due course of Justice.
Clause (b) of Section 13 of this Act states that the court may give the defence on
the justification of truth if it finds that the act done in the public interest and the
request for invoking that defence is bona fide.
Contempt Proceedings
Two Sections of the Contempt of Court Act, 1971 deals with the procedure of
Contempt proceeding. One talks about the proceeding in the face of the court of
records and other talks about the proceedings other than the court of records.
Section 14 of the Contempt of Court deals with the procedure of contempt
proceeding in the face of the court of record whereas Section 15 of this Act deals
with the procedure of the contempt proceeding outside the court of records.

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These courts of record have got the power to punish for its contempt inherently.
Therefore, these courts of record can deal with the matter of content by making
their own procedure. While exercising the contempt jurisdiction by the courts of
record the only case to be observed is that the procedure adopted must be fair and
reasonable in which the alleged contemnor should be given full opportunity to
defend himself. If the specific charge against the person who is punished for the
contempt is distinctly stated and he is given a reasonable opportunity to answer
and to defend himself against the charge, then only he will be liable for contempt
of court and the court proceeding runs against him. Where the person charged
with contempt under this section applies whether orally or in writing to have the
charge against him, tried by some judge other than the judge or judges in whose
presence or hearing the contempt is alleged

to have been committed and the court is of the opinion that it is necessary in the
interest of justice that the application should be allowed, it shall cause the matter
to be transferred before such judge as the Chief Justice may think fit and proper
under the circumstances of the case or placed before the Chief Justice with the
statement of facts of the case.
Contempt committed outside the court
Criminal Contempt rather than Civil Contempt committed outside the Court.
Section 15(1) of the Contempt of Court Act, 1971 deals with the notice of
Criminal Contempt by Court of Record such as the Supreme Court and the High
Court. Following manners can be taken by the Supreme Court and the High Court
for cognizance of the Criminal Contempt:
On the motion of court of records.
On the motion of the Advocate General of the Supreme Court and the High Court.
If any person proceeds the motion with the consent of the Advocate General in
writing.

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If the law officer who is related to the High Court for the Union Territory of Delhi
as the Central Government notify proceeds the motion. Then it can be considered
as contempt committed outside the court.
Section 15(2) of this Act states that in the criminal contempt of the subordinate
court, the high court may take certain actions in the manner given in this Act.
CONSTITUTIONAL VALIDITY OF CONTEMPT LAW
Power to punish for contempt is inherent in Court of Records. This was with a
view to maintain the due administration of justice. It is pertinent to mention that
prior to the enactment of the Constitution of India, 1950 the statutory recognition
of this position has been formulated as early as in 1935 in section 220(1) of the
Government of India Act, 1935. It declared that every High shall be a Court of
Record. Finally, we see the inclusion of this section in Article 215 of the
Constitution of India, 1950 which reads as under: - Article 215, “High Courts to
be Court of Record-Every
High court shall be a Court of Record and shall have all powers of such a court
including the power to punish for contempt of Court itself”.
The Supreme Court being an Apex Court recognised as a Court of Record and
has inherent power to punish for contempt in relation thereto, as provided in
Article 129 of the Constitution which reads as under: “129 Supreme Court shall
be a Court of Record and shall have all the powers of such a court including the
power to punish for contempt of itself. Parliament and the State Legislature both
have power to make laws with respect to any of the subject enumerated in list III
(concurrent list) of the seventh schedule of the Constitution. The parliament has
exclusive power to make laws with respect to any of the matters are subjects
enumerated in list -I (Union list) of the 7th of the Constitution. The state
legislature has exclusive power to make laws with respect of any of the matter or
subjects enumerated in list II (State list) of the seventh scheduled of the
Constitution. Entry 77 of the list is as follows, “Constitution, organization,
jurisdiction and powers of the Supreme Court (including contempt for such a

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court) and the fees taken therein; persons entitled to practise before the Supreme
Court. Entry15 of list II is as follows "contempt of court but not including
contempt of Supreme Court.
Punishment for Contempt of Court
According to Section 12 of the Contempt of Courts Act, 1971, a contempt of court
may be punished with simple imprisonment for a term which may extend to six
months, or with fine which may extend to two thousand rupees, or with both. 13
AIR 1966 All. 305. Provided that the accused may be discharged, or the
punishment awarded may be remitted on apology
being made to the satisfaction of the court. Explanation - An apology shall not be
rejected merely on the ground that it is qualified or conditional if the
accused makes it bona fide. Sub-Section (2) provides that notwithstanding
anything contained in any law for the time being in force, no court shall impose
a sentence more than that specified in sub section for any contempt either in
respect of itself or of a court subordinate to it. Sub-Section (3) provides that
notwithstanding anything contained in this section, where a person is found guilty
of a civil
contempt, the court, if it considers that a fine will not meet the ends of justice and
that a sentence of imprisonment is necessary shall, instead of sentencing him to
simple imprisonment, direct that the he be detained in a civil prison for such
period not exceeding six months as it may think fit. Sub-Section (4) provides that,
where the person found guilty of contempt of court in respect of any undertaking
given to a court is a company, every person who, at the time the contempt was
committed, was in charge of, and was responsible to, the company for the conduct
of business of the company, as well as the company, shall be deemed to be guilty
of the contempt and the punishment may be enforced, with the leave of the court,
by the detention in civil prison of each such person. Provided that nothing
contained in this sub section shall render any such person liable to such
punishment if he proves that the contempt was committed without his knowledge

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or that he exercised all due diligence to prevent its commission. Sub-Section (5)
provides that, notwithstanding anything contained in sub section (4) where the
contempt of court referred to therein has been committed by a company and it is
provided that the contempt has been committed with the consent or connivance
of, or is attributable to any neglect on the part of, any director, manger, secretary
or other officer of the company, such director, manager , secretary or other officer
shall also be deemed to be guilty of the be contempt and the punishment may be
enforced, with the leave of the court, by the detention in civil prison of such
director, manager, secretary or other officer. Explanation - For the purpose of sub
sections (4) and (5)- (a) "Company" means anybody corporate and includes a firm
or other association of individuals, and (b) "Director" in relation to a firm, means
a partner in the firm
Limitation
The Limitation period for actions of contempt has been discussed under Section
20 of the Contempt of Courts Act of 1971 and the Limitation period

for actions of contempt is a period of one year from the date on which the
contempt is alleged to have been committed.
Appeals
Section 19 (1) of the Act provides that an appeal shall lie as of right from any
order to decision of High Court in the exercise of its jurisdiction to punish for
contempt - (a) Where the order or decision is that of a single judge, to a bench of
not less than two judges of the Court. (b) Where the order or decision is that of a
bench, to the Supreme Court. Provided that where the order or decision is that of
the Court of the judicial commissioner in any union territory, such appeal shall
lie to the Supreme Court. Section 19 (2) of the Act provides for Pending of any
appeal. The appellate Court may order that - (a) The execution of the punishment
or order appealed against be suspended; (b) If the appellant is in confinement, he
be released on bail; and (c) The appeal be heard notwithstanding that the appellant

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has not purged his contempt. Section 19 (3) of the Act provides that where any
person aggrieved by any order against which an appeal may be filed satisfied the
High Court that he intends to prefer an appeal, the High Court may also exercise
all or any of the powers conferred by sub section (2). Section 19 (4) of the Act
provides for limitation for appeal. According to this sub-section, an appeal under
sub-section (1) shall be filed - (a) in the case of an appeal to a Bench of the High
Court, within thirty days; (b) in the case of an appeal to the Supreme Court, within
sixty days, from the date of the order appealed against. Section 19 of the
Contempt of Courts Act, 1971, deals with appeals. Right to appeal to higher court
against the decision of lower court has been specifically given in the present Act.
Prior to this, the position was not clear. Appeals were heard by the Privy Council
on the ground that the action in the contempt of court cases was made in the name
and on behalf of the Sovereign hence the Privy Council could hear the appeal
(Court on its Own Motion v. Kasturi Lal, AIR 1980 P&H 72, at p. 73).

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Q2. Explain the relation between Bench and Bar.

The Bar Council of India is a statutory body established under Section 4 of

Advocates Act 1961 that regulates the legal practice and legal education in India.
Its members are elected from amongst the lawyers in India and as such represents
the Indian bar. It was created by Parliament under the Advocates Act, 1961. In
March 1953, the 'All India Bar Committee', headed by S. R. Das, submitted a
report which proposed the creation of a bar council for each state and an all-India
bar council as an apex body. It was suggested that the all India bar council should
regulate the legal profession and set the standard of legal education. The Law
Commission of India was assigned the job of assembling a report on judicial
administration reforms. In 1961, the Advocates Act was introduced to implement
the recommendations made by the 'All India Bar Committee' and 'Law
Commission'. In 1963, C. K. Daphtary became the Chairman and S. K. Ghose
became the Vice Chairman. It prescribes standards of professional conduct,
etiquettes and exercises disciplinary jurisdiction over the bar. It also sets
standards for legal education and grants recognition to Universities whose degree
in law will serve as a qualification for students to enrol themselves as advocates
upon graduation.
Section 7 of the Advocates Act provides for the following statutory functions of
the Bar Council of India:
1. To lay down standards of professional conduct and etiquette for advocates;
2. To lay down the procedure to be followed by its disciplinary committee and
the disciplinary committees of each State Bar Council;
3. To safeguard the rights, privileges and interests of advocates;
4. To promote and support law reform;
5. To deal with and dispose of any matter which may be referred to it by a State
Bar Council;

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6. To exercise general supervision and control over the state bar council;
7. To promote legal education and to lay down standards of legal education in
consultation with the Universities in India imparting legal education and the State
Bar Councils, With respect to this point, the Supreme Court has
made it clear that the question of importing legal education is entrusted to the
Universities in India and not to the Bar Council of India. All that the Bar Council
can do is to suggest ways and means to promote suck legal education to be
imparted by the Universities and for that purpose it may lay down the standards
of education. Sections 7 do not entitle the Bar Council itself to frame rules laying
down pre-enrolment as Advocate;
8. To recognize Universities whose degree in law shall be a qualification for
enrolment for an advocate for that purpose to visit and inspects Universities, or
direct the State Bar Councils to visit and inspect Universities for this purpose;
9. To conduct seminars and organise talks on legal topics by eminent jurists and
publish journals and papers of legal interest;
10.To organize legal aid to the poor;
11.To recognize on a reciprocal basis foreign qualifications in law obtained
outside India for the purpose of admission as an advocate in India;
12.To manage and invest the funds of the Bar Council;
13.To provide for the election of its members who shall run the Bar Councils.
14.To perform all other functions conferred on it or under this Act;
15.To do all other things necessary for discharging the aforesaid functions;
16.The Bar Council of India may constitute one or more funds in the prescribed
manner –
(a) giving financial assistance to organise welfare schemes for indigents, disabled
or other advocates;
(b) giving legal aid or advise in accordance with the rule made in this behalf;
(c) establishing law libraries.

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17. The Bar Council of India can also receive grants, donations, and gifts for any
of these purposes mentioned under point no 16. In Ex-Captain Harish Uppal v.
Union of India, the court held that section 7 provides in respect of the functions
of the Bar Council of India, but none of its functions mentioned in section 7
authorizes it to paralyze the working of the Courts. On the contrary it is enjoined
with a duty to lay down standards
of professional conduct and etiquette for advocates. No Bar Council can ever
consider giving a call of strike or a call of boycott. In case any association calls
for a strike or boycott the concerned State Bar Council of India must immediately
take disciplinary action against the advocates who gives a call for a strike. It is
the duty of every advocate to ignore a call of strike or boycott. In Raveendranath
Naik v. Bar Council of India, AIR 2007 Kar. 75 the court held that the resolution
passed by the Bar Council India directing advocates not to participate in any
programme organised by the Legal Services Authorities in any Lok Adalat or any
legal aid programme has been held illegal and void. Section 7-A of the Advocates
Act makes it clear that the Bar Council of India may become a member of
international legal bodies, such as, the International Bar Association or the
International Legal Aid Association, contribute such sums as it thinks fit to such
bodies by way of subscription or otherwise and authorise expenditure on the
participation of its representatives in any international legal conference or
seminar. Section 7(2) of the Advocates Act provides that the Bar Council of India
may constitute one or more funds in the prescribed manner for the purpose of: (a)
giving financial assistance to organise welfare schemes for indigent, disabled or
other advocates;
(b) giving legal aid or advice in accordance with the rules made in this behalf;
(c) establishing law libraries. It may receive any grants, donations, gifts or
benefactions for all or any of the purposes specified above such grants, donations,
etc., shall be credited to the appropriate fund or funds constituted under this
subsection.

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Bar and Bench are two different elements with a common objective of
administering justice in society. Bar, the term finds its origin in England, was
used to differentiate a group of lawyers from a group of court officers. It is a
group of lawyers enrolled with the state bar council who have permission to
practice the profession in court. In simple terms, Bar is a place where lawyers
take their place in a courtroom. The Bench is a place where judges take their seats
in the courtroom. It is applied to differentiate between judges and attorneys.
Powers of Bar Council of India: 1. Admission as advocates: Section 20 of the
Advocates Act provides that every advocate who was entitled as of right to
practise in the Supreme Court immediately before the appointed day and whose
name is not entered in any State roll may, within the
prescribed time, express his intention in the prescribed form to the Bar Council
of India for the entry of his name in the roll of a State Bar Council and on receipt
thereof the Bar Council of India shall direct that the name of such advocate shall,
without payment of any fee, be entered in the role of that State Bar Council and
the State Bar Council concerned shall comply with such direction. The entry in
the State Roll made in the compliance with such direction shall be made in the
order of seniority determined in accordance with the provisions of Section 17(3).
Where an advocate omits or fails to express his intention within the prescribed
time, his name shall be entered in the roll of the State Bar Council of Delhi.
Section 19 of the Advocates Act makes it clear that every State Bar Council shall
send to the Bar Council of India an authenticated copy of the roll of advocates
prepared by it for the first time under this Act and shall, thereafter, communicate
to the Bar Council of India all alternations in and addition to, any such roll, as
soon as the same have been made. Section 18 of the Advocates Act makes
provision in respect of the transfer of name from one State roll to another. It
provides that any person whose name is entered as an advocate· on the role of
any State Bar Council may make an application in the prescribed form to the Bar
Council of India for the transfer of his name from the roll of that State Bar Council

18
to the roll of any other State Bar Council and on receipt of any such application,
the Bar Council of India shall direct that the name such person shall, without the
payment of any fee, be removed from the roll of the first-mentioned State Bar
Council and entered in the roll of the other State Bar Council and the State Bar
Councils concerned shall
comply with such direction: Provided that where any such application for transfer
is made by a person against whom any disciplinary proceeding is pending or
where for any other reason it appears to the Bar Council of India that the
application for transfer has not been made bona fide and that the transfer should
not be made, the Bar Council of India may, after giving the person making the
application an opportunity of making a representation in this behalf, reject the
application. It has been made clear that where on an application made by an
advocate under this section, his name is transferred from the roll of one State Bar
Council to that of another, he shall retain the same seniority in the latter roll to
which he was entitled in the former roll.
BAR:
It is an association of lawyers established with the meaning to promote
professional ability, enforcement of standards to ethical conduct, the
encouragement of the spirit of public service among the members who practice
the legal profession. In India, Bar Council was established as a statutory body
under the Advocates Act,1961 aiming to regulate legal education and the legal
profession. Its members are the lawyers from India and prescribe the
qualifications, duties, etiquette, discipline, and conduct of lawyers.
BENCH:
A place where justice is administered by either judge or judges of the court. Bench
could be in court or tribunal. The bench where the judge sits should showcase the
position’s respect and dignity.
RELATIONSHIP BETWEEN BAR AND BENCH:

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Bar provides the foundation for the stability towards the independence of the
judiciary. Bench reflects its action carefully as it is a senior figure to lower rank
judicial officers who learn from it. Bar and Bench are two sides of the judiciary
that works together to deliver justice in society and ensure no delay in justice due
to adjournments of hearing. An advocate who outraged the court by removing the
foundation of the court, such an act of an advocate only results in dishonouring
the system for justice administration. An advocate must respect the honour and
dignity of the Bench.
A judge must perform his duties fairly, non-bias, are held liable for their
judgments in the court of law.
In L.M. Das v. Advocate General Orrisa1 believed that advocates play an
important role in the practice of achieving justice. In another case of the Madras
High court, it was held that to administer justice it is essential to have Bar.2
The relationship between bar and bench must not act as a hindrance to the
administration of justice, in the case of P.D. Gupta v. Ram Murthi and others3,
Shri Krishna Das had died leaving immovable property that led to disputes.
Among all those who claimed the property, there was a woman named Vidyawati.
The lawyer of Vidyawati purchased the property and later on sold it to a third
party. A complaint was made against the lawyer in Delhi Bar Council as the
lawyer was enrolled in Delhi. Court held that any complaint made before the
disciplinary committee must be resolved within a year and the Bar Council of
India later enquired into the case and resultantly expelled him for a year. Before
practicing any other right given to Bar by law the advocate practices the Right to
be heard in courts to perform its role play in case.4
Roles played by Bar and Bench go hand in hand. The profession of Bar and Bench
is the ultimate result of legal education. Those who belong to Bench are those
who used to be part of the bar at one time. The mutual agreement of Bar and
Bench helps in the administration of justice in society.

20
Bar-Bench Relation in law refers to the cordial relationship between the
Advocates and the Judges. The Bar (Advocates) and Bench (Judges) play an
important role in the administration of justice. The judges administer the law with
the assistance of the lawyers. The lawyers are the officers of the court. They are
expected to assist the court in the administration of justice. As the officers of the
court the lawyers are required to maintain respectful attitude toward the court
bearing in mind that the dignity of the judicial office is essential for the survival
of the society. Mutual respect is necessary for the maintenance of the cordial
relations between the Bench and Bar.
The opinion of our Supreme Court in the context of Bench- Bar Relation has been
clearly laid down in P.D. Gupta v. Ram Murti and Others1 as
follows: "A lawyer owes a duty to be fair not only to his client but also to the
court as well as to the opposite party in the conduct of the case. Administration
of justice is a stream which must be kept pure and clean. It must be kept
unpolluted. Administration of justice is not something which concerns the Bench
only. It concerns the Bar as well. The Bar is the principal ground for recruiting
judges. Nobody should be able to raise a finger about the conduct of a lawyer.
Actually, judges and lawyers are complementary to each other. The primary duty
of the lawyer is to inform the court as to the law and facts of the case and to aid
the court to do justice by arriving at the correct conclusions. Good and strong
advocacy by the council is necessary for the good administration of justice.
Consequently, the council must have freedom to present his case fully 1 AIR 1998
SC 283. and properly and should not be interrupted by the judges unless the
interruption is necessary."
In Mahant Hakumat Rai v. Emperor2 the Lahore High Court had held that
"Without failing in respect to Bench, it is the duty of the members of the Bar to
assert their just rights to be heard by the tribunal before which they are practising.
They should be fearless and independent in the discharge of their duties and
would be perfectly right in protesting against irregular procedure on the part of

21
any judge; and if the advocate is improperly checked or found fault with, he
should vindicate the independence of the
Bar. He would be perfectly justified in insisting on getting a proper hearing and
he would be perfectly right to object to any interruption with the course of his
argument such as to disturb him in doing his duty to his client. Plenary powers
vested in the Presiding Officer of the Court, apart from the fact that they have
rarely been used against members of the legal profession so far, should only be
used to vindicate the honour of the court or to satisfy the necessities of public
justice and not as a matter of course." It may, however, be noted that the presence
of professional etiquette coupled with recognition by judiciary of the importance
of an independent Bar, will work together to minimise the possibility of
confrontation between the Bench and the Bar. To conclude this part, we can say
that a free and fearless Bar is not to be preferred to an independent judiciary, nor
an independent judiciary to a free bar. Neither has a primacy over the other. Both
are indispensable to a free society. The 20
freedom of the Bar presupposes an independent judiciary through which that
freedom may, if necessary, be vindicated. One of the potent means for assuring
judges of their independence is responsible, well- behaved, cultured and learned
Bar. Finally, reciprocal adjustment of conduct by the Bench and the Bar is the
keystone to the smooth functioning of courts in general interest of the society.
INTERRELATED
1) “If the independent judiciary is the pillar of democracy, the Bar is the
foundation of the independent Judiciary. The Bar is the mother of the Bench and
the bright mirror of the Judicial Officers whose image, character and conduct are
correctly and visibly reflected therein, and it is for the Bench to nurse and nourish
the merits of the Bar.”
2) “It has been a saying as old as the profession itself that the court and counsel
are two wheels of the chariot of justice.

22
3) In the justice delivery system, members of the Bar are as much a party thereby
as the justice and it is the closest possible harmony between the Bar and the Bench
that can yield the best results in achieving the objectives enshrined in our
Constitutional Document.
4) The Bar and the Bench are two sides of a coin. In the administration of justice
unless harmony prevails between the Bar and the Bench, no desired results to
uphold the majesty of the institution could be achieved. STAKEHOLD
HOW ‘BENCH’ CAN STRENGTHEN RELATIONS WITH ‘BAR’?
The judicial system of state must be:
The judge must hear both the parties before deciding the case. Enough
opportunity must be given to both sides to represent their case.
Judge shall not be impartial while giving his judgment.
Judges shall interfere in proceedings to keep a check of relevancy of facts,
receiving clarification on arguments.
Judges must interpret the laws, acts, orders, and rules, that are in question to
remove the inconsistency of provisions.
Cases must not be adjourned for a longer duration of time and must have
sufficient reason for any adjournment.
Disposition of case should be done at the earliest if possible.
Maintaining the independence of the judiciary.
The meetings must be held among judges and advocates presenting the case so
that the difficulty faced can be resolved.
The changes in the legal world must be known by the judge.
HOW ‘BAR’ CAN STRENGTHEN RELATIONS WITH ‘BENCH’?
Respect must be shown towards the courts and judges.
Steps must be taken by advocates to ensure the avoidance of unfair practices by
their clients.
Advocates must not influence the judgments of courts.

23
Advocates shall present the case with a clear mention of the laws involved and
relevant case laws.
Advocates must present facts before the court, not those which molded to be
shown as truth.
Advocate must not present a case before the judge to who he is personally related.
Advocate must not be involved in any case based on their financial interest.
Advocate shall not represent any case that may have a personal influence.
Bar-bench relations
When it comes to democratic institutions, the independent judiciary is a pillar of
stability, and the bar is the cornerstone of that stability. The Bench reflects the
appearance, character, and behavior of the judges as the bench is considered to
be a mother and a bright mirror for the judicial officers.
Those who practice law are just as much a part of the justice delivery system as
the judges themselves, and it is the closest possible harmony
between the Bar and the Bench that will produce the best results in accomplishing
the targets embodied in our Constitution. The Bar and the Bench are two opposing
sides of the same coin, as the saying goes. The administration of justice cannot
be successful unless there is unity between the Bar and the Bench. Otherwise, the
required outcomes to maintain the grandeur of the institution will not be achieved.
An advocate’s scandalizing of the court is truly despoiling the very foundations
of justice, and such behavior by an advocate tends to bring dishonor to the entire
administration of justice. The behavior of an advocate towards the court is always
one of uniform reverence, regardless of the status of the court in which the case
is being heard. The advocate’s personal view of the judge must not be shown in
his conduct because he has a responsibility to maintain the respect of the judiciary
as a professional organization. At the same time, it is the responsibility of the
judiciary not only to be courteous to members of the Bar but also to do everything
in their power to progress the high traditions of the profession.

24
Contempt of court can be imposed on a lawyer or a judge for their discourteous
behavior or misbehavior. There are two types of contempt of court: civil contempt
and criminal contempt. Consider the following examples: using derogatory
language against an individual judge, harassing him with transfer or removal from
office, casually addressing the judge, questioning his authority to ask questions,
or making disgraceful accusations against an individual judge. It is considered to
be contempt of court. He is responsible for his uncourteous behavior and may be
prosecuted for contempt of court.
The opinion about the Bar and Bench relationship has been laid down in the case
of P.D. Gupta v. Ram Murthi and others(1997) in which the primary focus was
on how the relationship between the Bar and the Bench affects the administration
of justice.
Facts: Shri Kishan Dass passed away, leaving behind a large amount of
immovable property. Several people made claims to the deceased’s property,
including one Vidyawati, who claimed to be the deceased’s sister, one Ram
Murti, and two other people who claimed to be the deceased’s heirs, among other
things. Later, the advocate for Vidyawati
bought the aforementioned properties, knowing full well that they were in
dispute. In the following months, the attorney made a profit by selling the
property to a third party. A grievance against the lawyer was filed with the Delhi
Bar Council, which resulted in the attorney being suspended.
Held: Because the disciplinary committee of the Bar Council of Delhi was unable
to resolve the complaint within a year, the hearings were relocated to the Bar
Council of India under Section 36-B of the Advocates Act, which provides that
the complaint must be resolved within one year. The Bar Council of India’s
disciplinary committee put him on trial for professional misconduct and expelled
him from practicing law for one year.
In the administration of justice, the Bar and the Bench play a vital role in being
the two most important organs; they share a common duty in ensuring that justice

25
is administered properly and effectively. Given the fact that both are national
assets of our nation, they must therefore coordinate and work cooperatively with
one another, as well as stay cautious together, in order to safeguard judicial
independence.
A reputed and unbiased judiciary, as well as a powerful bar, are required to
maintain the system of democracy and independence under the rule of law in the
country. Furthermore, the lawyers must have the impression that they were given
a fair court hearing and that their issues would be addressed by an unbiased and
credible attorney, among other things.
It is critical for the productive discharge of the court’s duties that the high level
of optimism, prestige, and dignity that they have admired throughout their careers
be sustained and not weakened in any manner. Whether it is judges or lawyers,
they bear the main duty of administering and maintaining the public’s trust in the
courts.
The relationship between Bar and the bench hasn’t developed fully since the
introduction of democracy in Indian society. They both have mutual
responsibility toward society to administer justice fairly. There must be a system
of adjustment between both the elements of justice. Both the
elements must function together to enhance their relationship in a better way.
Both must uphold the basics of a free and independent judiciary.
They must ensure the absence of impartiality; rule of law must be present to
guarantee the independence of the judiciary from the state’s control.
Nowadays, the problem is that every day 5 to 6 letters were filed for adjourning
of hearings on the ground of personal difficulty, this frequent adjournment is a
matter of concern for both Bar and Bench. Lawyers must come thoroughly
prepared for the presentation of the case so that there would no delay in process
of justice delivery. Similarly, Judges must ensure to take much of the information
so that there must be no hurdles in process of justice delivery. To attain justice in
society both parties must play their part efficiently and cautiously. The bar must

26
always be independent, responsible, and potent, to perform its function
effectively so that the independence of the judiciary is maintained. If there must
exist good relations between bar and bench, the high expense at the cost can be
very much reduced.
1. A lawyer, as a member of the legal profession, is a representative of
Clients, an officer of the legal system and a public citizen having
Special responsibility for the quality of justice;
2. As a representative of clients, a lawyer performs various functions. As
Advisor, a lawyer provides a client with an informed understanding of The
client’s legal rights and obligations and explains their practical Implications.
As advocate, a lawyer zealously asserts the client’s Position under the rules of
the adversary system. As negotiator, a Lawyer seeks a result advantageous to
the client but consistent with Requirements of honest dealings with others. As
an evaluator, a lawyer Acts by examining a client’s legal affairs and reporting
about them to The client or to others;
3. In addition to these representational functions, a lawyer may serve as A
third-party neutral, a nonrepresentational role helping the parties to Resolve a
dispute or other matter. Some of these Rules apply directly To lawyers who
are or have served as third-party neutrals – Rules 1.12 And 2.4. In addition,
there are Rules that apply to lawyers who are not Active in the practice of law
or to practicing lawyers even when they Are acting in a nonprofessional
4. capacity. For example, a lawyer who Commits fraud in the conduct of a
5. business is subject to discipline for Engaging in conduct involving
dishonesty, fraud, deceit or
Misrepresentation;
6. In all professional functions a lawyer should be competent, prompt And
diligent. A lawyer should maintain communication with a client Concerning
the representation. A lawyer should keep in confidence
A Bar Council may make rules under the provisions of Section 15 of the

27
Advocates Act. Sub-section (2) of Section 15 of the Act provides that in
Particular land without prejudice to the generality of the foregoing power,
Such rules may provide for:
a. The election of members of the Bar Council by secret ballot including
The conditions subject to which persons can exercise the right to vote by
Postal ballot, the preparation and revision of electoral rolls and the Manner in
which the results of election shall he published;
b. The manner of election of the Chairman and the Vice-Chairman of the
Bar Council;
c. The manner in which and the authority by which, doubts and disputes
As to the validity of an election to the Bar Council or to the office of the
Chairman or Vice-Chairman shall be finally decided;
d. The filling of casual vacancies in the Bar Council;
e. The powers and duties of the Chairman and the Vice-Chairman of the
Bar Council;
f. The constitution of ‘one or more funds by a Bar Council for the purpose
Of giving financial assistance or giving legal aid or advice referred to in
Section 6(2) and Section 7(1) of the Advocates Act;
g. Organisation of legal aid and advice to the poor, constitution and
Function of committees and sub-committees for that purpose and Description of
proceedings in connection with which legal aid or advice
May be given;
h. The summoning and holding of meetings of the Bar Council, the
Conduct of business there at and the number of members necessary to
Constitute a quorum;
i. The constitution and functions of any committee of the Bar Council and
The terms of office of members of any such Committees;
j. The summoning and holding of meetings, the conduct of business of
Any such committee and the number of members necessary

28
To constitute a quorum;
k. The qualifications and the conditions, of service of the secretary, the
Accountant and other employees of the Bar Council;
l. The maintenance of books of accounts and other books by the Bar Council;
m. The appointment of auditors and the audit of the accounts of the Bar
Council;
n. The management and investment of the funds of the Bar Council.
Sub-section (3) of Section 15 makes it clear that no rules made under this
Section by a State Bar Council shall have effect, unless they have
Approved by the Bar Council of India.
Section 49 of the Advocates Act confers on the Bar Council of India
General power to make rules. It provides that the Bar Council of India
Make rules for discharging its functions under this Act and in particular,
Such rules may prescribe:
a. The conditions subject to which an advocate may be entitled to vote
At an election to the State Bar Council including the qualifications or
Disqualifications of voters and the manner in which an electoral roll of
Voters may be prepared and revised by a State Bar Council;
b. Qualifications for membership of a Bar Council and the disqualification
For such membership;
c. The time within which and the manner in which effect may be given to The
proviso to section 3(2).
d. The manner in which the name of any advocate may be prevented
From being entered in more than one State roll;
e. The manner in which the seniority among advocates may be
Determined;
f. The minimum qualifications required for admission to a course of
Degree in law in any recognised University;
g. The class or category of persons entitled to be enrolled as advocates;

29
 h. The conditions subject to which an advocate shall have the right to
Practise and the circumstances under which a person shall be deemed to
Practise as an advocate in a Court;

i. The form in which an application shall be made for the transfer of the Name
of an advocate from one State roll to another;
j. The standard of professional conduct and etiquette to be observed by
Advocates;
k. The standards of legal education to be observed by Universities in
India and the inspection of Universities for the purpose;
l. The foreign qualifications in law obtained by persons other than
Citizens of India which shall be recognised for the purpose of admission as An
advocate under this Act;
m. The procedure to be followed by the disciplinary committee of a State Bar
Council and by its own disciplinary committee;
n. The restrictions in the matter of practice to which senior advocates
Shall be subject;
1. The form of dresses or robes to be worn by advocates having regard
To the climatic conditions appearing before any Court or tribunal;
o. The fees which may be levied in respect of any matter under this Act;
p. General principles for guidance of State Bar Councils and the manner In
which directions issued or orders made by the Bar Council of India may
q. Be enforced;
r. Any other matter which may be prescribed.

30
Q3. Write duties of an advocate towards his clients, courts, colleagues, and
opponents.

Advocate’s Duty Towards the Court: -

1. Act in a dignified manner.
During the presentation of his case and also while acting before a court, an
advocate should act in a dignified manner. He should at all times conduct himself
with self-respect. However, whenever there is a proper ground for a serious
complaint against a judicial officer, the advocate has a right and duty to submit
his grievance to the proper authorities.
2. Respect the court.
An advocate should always show respect towards the court. An advocate has to
bear in mind that the dignity and respect maintained towards the judicial office
are essential for the survival of a free community.
3. Not communicate in private.
An advocate should not communicate privately to a judge regarding any matter
pending before the judge or any other judge. In addition, an advocate should not
influence the decision of a court in any matter using illegal or improper means
such as coercion, bribes, etc.
4. Refuse to act in an illegal manner towards the opposition.
An advocate should refuse to act in an illegal or improper manner towards the
opposing counsel or the opposing parties. He shall also use his best efforts to
restrain and prevent his client from acting in any illegal, improper manner or
using unfair practices in any matter towards the judiciary, opposing counsel or
the opposing parties.
5. Refuse to represent clients who insist on unfair means.
An advocate shall refuse to represent any client who insists on using unfair or
improper means. An advocate shall excise his own judgment in such matters. He

31
shall not blindly follow the instructions of the client. He shall be dignified in the
use of his language in correspondence and during arguments in court. He shall
not scandalously damage the reputation of
the parties on false grounds during pleadings. He shall not use unparliamentary
language during arguments in court.
6. Appear in proper dress code.
An advocate should appear in court at all times only in the dress prescribed under
the Bar Council of India Rules, and his appearance should always be presentable.
7. Refuse to appear in front of relations.
An advocate should not enter an appearance, act, plead or practice in any way
before a judicial authority if the sole or any member of the bench is related to the
advocate as the father, grandfather, son, grandson, uncle, brother, nephew, first
cousin, husband, wife, mother, daughter, sister, aunt, niece, father-in-law,
mother-in-law, son-in-law, brother-in-law, daughter-in-law, or sister-in-law.
8. Not to wear bands or gowns in public places.
An advocate should not wear bands or gowns in public places other than in courts
except on ceremonial occasions and at places like the Bar Council of India or as
the court may prescribe.
9. Not represent establishments of which he is a member.
An advocate should not appear in or before any judicial authority for or against
any establishment if he is a member of the management of the establishment. This
rule does not apply to a member appearing as “amicus curiae” or without a fee on
behalf of the Bar Council, Incorporated Law Society, or a Bar Association.
10. Not appear in matters of pecuniary interest.
An advocate should not act or plead in any matter in which he has financial
interests. For instance, he should not act in a bankruptcy petition when he is also
a creditor of the bankrupt. He should also not accept a brief from a company of
which he is a director.
11. Not stand as surety for the client.

32
An advocate should not stand as a surety or certify the soundness of a surety that
his client requires for the purpose of any legal proceedings.

Advocate’s Duty Towards the Client: -

1. Bound to accept briefs.
An advocate is bound to accept any brief in the courts or tribunals or before any
other authority in or before which he proposes to practice. He should levy fees
that are at par with the fees collected by fellow advocates of his standing at the
Bar and the nature of the case. Special circumstances may justify his refusal to
accept a particular brief.
2. Not withdraw from service.
An advocate should not ordinarily withdraw from serving a client once he has
agreed to serve them. He can withdraw only if he has a sufficient cause and by
giving reasonable and adequate notice to the client. Upon withdrawal, he shall
refund such part of the fee that has not accrued to the client.
3. Not appear in matters where he himself is a witness.
An advocate should not accept a brief or appear in a case in which he himself is
a witness. If he has a reason to believe that in due course of events, he will be a
witness, then he should not continue to appear for the client. He should retire from
the case without jeopardizing his client’s interests.
4. Full and frank disclosure to the client.
An advocate should, at the commencement of his engagement and during the
continuance thereof, make all such full and frank disclosure to his client relating
to his connection with the parties and any interest in or about the controversy as
are likely to affect his client’s judgement in either engaging him or continuing the
engagement.
5. Uphold the interest of the client.
It shall be the duty of an advocate fearlessly to uphold the interests of his client
by all fair and honourable means. An advocate shall do so without considering

33
any unpleasant consequences to himself or any other. He shall defend a person
accused of a crime regardless of his personal opinion about the guilt of the
accused. An advocate should always remember that his loyalty is to the law,
which requires that no man should be punished without adequate evidence.
6. Not suppress material or evidence.
An advocate appearing for the prosecution of a criminal trial should conduct the
proceedings in a manner that does not lead to the conviction of the innocent. An
advocate shall by no means suppress any material or evidence which shall prove
the innocence of the accused.
7. Not disclose the communications between the client and himself.
An advocate should not by any means, directly or indirectly, disclose the
communications made by his client to him. He also shall not disclose the advice
given by him in the proceedings. However, he is liable to disclose if it violates
section 126 of the Indian Evidence Act, 1872.
8. An advocate should not be a party to stir up or instigate litigation.
An advocate must not be the party to facilitate litigation, as it is not suitable for
natural justice.
9. An advocate should not act on the instructions of any person other than his
client or the client’s authorised agent.
In Raj Kumar Prasad vs State of Arunachal Pradesh, (2006) 2 GLR 597, it was
held that it is the duty of an advocate not to act on the instructions of any person
except for his client or any person authorised by his client.
10. Not charge depending on the success of matters.
An advocate should not charge for his services depending on the success of the
matter undertaken. He also shall not charge for his services as a percentage of the
amount or property received after the success of the matter.
11. Not receive interest in actionable claim.
An advocate should not trade or agree to receive any share or interest in any
actionable claim. Nothing in this rule shall apply to stock, shares, and debentures

34
of government securities, or to any instruments, which are, for the time being, by
law or custom, negotiable or to any mercantile document of title to goods.
12. Not bid or purchase property arising from a legal proceeding.

An advocate should not by any means bid for or purchase, either in his own name
or in any other name, for his own benefit or for the benefit of any other person,
any property sold in any legal proceeding in which he was in
any way professionally engaged. However, it does not prevent an advocate from
bidding for or purchasing for his client any property on behalf of the client,
provided the advocate is expressly authorised in writing on this behalf.
13. Not bid or transfer property arising from legal proceeding.
An advocate should not by any means bid in court auction or acquire by way of
sale, gift, exchange or any other mode of transfer (either in his own name or in
any other name for his own benefit or for the benefit of any other person), any
property which is the subject matter of any suit, appeal or other proceedings in
which he is in any way professionally engaged.
14. Not adjust fees against personal liability.
An advocate should not adjust the fee payable to him by his client against his own
personal liability to the client, which does not arise in the course of his
employment as an advocate.
15. An advocate should not misuse or take advantage of the confidence reposed
in him by his client.
It is the duty of the advocate that they keep all the personal information of the
client that the latter has shared safe and secure. Confidentiality must be protected.
16. Keep proper accounts.
An advocate should always keep accounts of the clients’ money entrusted to him.
The accounts should show the amounts received from the client or on his behalf.
The account should show along with the expenses incurred for him and the

35
deductions made on account of fees with respective dates and all other necessary
particulars.
17. Divert money from accounts.
An advocate should mention in his accounts whether any monies received 34
by him from the client are on account of fees or expenses during the course of
any proceeding or opinion. He shall not divert any part of the amounts received
for expenses as fees without written instruction from the client.
18. Intimate the client on amounts.
Where any amount is received or given to him on behalf of his client, the advocate
must, without any delay, intimate the client of the fact of such
receipt.
19. Adjust fees after the termination of proceedings.
An advocate shall, after the termination of proceedings, be at liberty to adjust the
fees due to him from the account of the client. The balance in the account can be
the amount paid by the client or an amount that has come in that proceeding. Any
amount left after the deduction of the fees and expenses from the account must
be returned to the client.
20. Provide a copy of accounts.
An advocate must provide the client with a copy of the client’s account
maintained by him on demand, provided that the necessary copying charge is
paid.
21. An advocate shall not enter into arrangements whereby funds in his hands are
converted into loans.
It means an advocate should not enter into any such arrangements which convert
his funds into loans. He should not lend or leave money to his client.
22. Not lend money to his client.
An advocate shall not lend money to his client for the purpose of any action or
legal proceedings in which he is engaged by such a client. An advocate cannot be
held guilty for a breach of this rule, if, in the course of a pending suit or

36
proceeding, and without any arrangement with the client in respect of the same,
the advocate feels compelled by reason of the rule of the court to make a payment
to the court on account of the client for the progress of the suit or proceeding.
23. Not appear for opposite parties.
An advocate who has advised a party in connection with the institution of a suit,
appeal or other matter or has drawn pleadings, or acted for a party, shall not act,
appear or plead for the opposite party in the same matter.
Advocate’s Duty Towards the Opponents: -
1. Not to negotiate directly with the 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.
2. Carry out legitimate promises made.
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.
Advocate’s Duty Towards Fellow Advocates: -
1. Not advertise or solicit work.
An advocate shall not solicit work or advertise in any manner. He shall not
promote himself by circulars, advertisements, touts, personal communications,
interviews (other than through personal relations), furnishing or inspiring
newspaper comments, or producing his photographs to be published in
connection with cases in which he has been engaged or concerned.
2. Sign-board and name-plate.
An advocate’s sign-board or name-plate should be of a reasonable size. The sign-
board or name-plate or stationery should not indicate that he is or has been
President or Member of a Bar Council or of any Association or that he has been
associated with any person or organisation or with any particular cause or matter

37
or that he specialises in any particular type of work or that he has been a judge or
an Advocate General.
3. Not promote the unauthorised practice of law.
An advocate shall not permit his professional services or his name to be used for
promoting or starting any unauthorised practice of law.
4. An advocate shall not accept a fee less than the fee, which can be taxed under
rules when the client is able to pay more.
An advocate shall not take a fee less than the fee, which can be taxed under rules
when the client can pay more. If the advocate accepts less than the prescribed fee,
then it shall be unethical and against the moral turpitude of the legal fraternity.
5. Consent of fellow advocate to appear.
An advocate should not appear in any matter where another advocate has
filed a Vakalt or memo for the same party. However, the advocate can take the
consent of the other advocate to appear.

38
Q4. Write the functions and power of disciplinary committee of Bar Council of
India and State Bar Council.
Powers of disciplinary committee. -
(1) The disciplinary committee of the Bar Council shall have the same powers as
are vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908),
in respect of the following matters, namely;-
a. summoning and enforcing the attendance of any person and examining him on
oath ;
b. requiring discovery and production of any documents ;
c. receiving evidence on affidavits ;
d. requisitioning any public record or copies thereof from any court or office ;
e. issuing commissions for the examination of witness or documents ;
f. any other matter which may be prescribed ;
Provided that no such disciplinary committee shall have the right to require the
attendance of
a. any presiding officer of a court except with the previous sanction of the High
Court to which court is subordinate ;
b. any officer of a revenue court except with the previous sanction of the State
Government.
(2) All proceedings before a disciplinary committee of a Bar Council shall be
deemed to be judicial proceedings within the meaning of sections 193 and 228 of
the Indian Penal Code, 1860 (45 of 1860), and every such disciplinary committee
shall be deemed to be a civil court for the purpose of sections 480, 482 and 485
of Code of Criminal Procedure, 1898 (5 of 1898).
(3) For the purpose of exercising any of the powers conferred by sub section (1),
a disciplinary committee may send to any civil court in the territories to which
this Act extends, any summons or other process, for
the attendance of a witness or the production of a document required by the
committee or any commission which it desires to issue, and civil court shall cause

39
such process to be served or such commission to be issued as the case may be,
and may enforce any such process as if it were a process for attendance or
production before itself.
(4) (Note:- Sub-sections (4) and (5) ins. by Act 60 of 1973, sec.32)
Notwithstanding the absence of the Chairman or any member of a disciplinary
committee on a date fixed for the hearing of a case before it, the disciplinary
committee may, if it so thinks fit, hold or continue the proceedings on the date so
fixed and no such proceedings and no order made by the disciplinary committee
in any such proceedings shall be invalid merely by reason of the absence of the
Chairman or member thereof on any such date.
Provided that no final orders of the nature referred to in sub-section (3) of Section
35 can be made in any proceedings unless the Chairman and other members of
the disciplinary committee are present.
(5) Where no final order of the nature referred to in sub section (3) of section 35
can be made in any proceedings in accordance with the opinion of the Chairman
and the members of a disciplinary committee either for want of majority opinion
amongst themselves or otherwise, the case, with their opinion thereon, shall be
laid before the Chairman of the Bar Council concerned or if the Chairman if the
Bar Council is acting as the Chairman or a member of the disciplinary committee,
before the Vice Chairman of the Bar Council, and the said Chairman or the Vice
Chairman of the Bar Council, as the case may be, after such hearing as he thinks
fit, shall deliver his opinion and the final order of the disciplinary committee shall
follow such opinion.
Powers of the disciplinary committees
Section 42 provides that the disciplinary committee of a Bar Council shall have
the same powers as are vested in a civil court under the Code of Civil Procedure,
1908, in respect of summoning and enforcing the attendance of any person and
examining him on oath, requiring discovery and production of any documents;
receiving evidence on affidavits; requisitioning any public record or copies

40
thereof; issuing commissions for the examination of witnesses or documents and
any other matter which may be prescribed.
An advocate who is suspended from practise is debarred from practising in any
court or before any authority or persons in India. The disciplinary committee of
a state Bar Council may of its own motion or otherwise review any order passed
by it, but no such order shall have effect unless it has been approved by the Bar
Council of India.
The disciplinary committee of the Bar Council of India
The Act has conferred powers on the disciplinary committee of the Bar Council
of India to make inquiry in some cases on complaints of misconduct referred to
it, to withdraw cases for enquiry before itself, to hear appeals and order stay and
to review its own orders. It has the power to make such order as to costs of any
proceedings before it as it may deem fit. Any such order shall be executable as if
it were an order of the Supreme Court.
Miscellaneous Powers
The proceedings before the disciplinary committee shall be deemed to be judicial
proceedings.
The disciplinary committee shall be deemed to be a civil court.
If a chairman or any member of the disciplinary committee is unavailable on the
date fixed for hearing the matter, then the disciplinary committee may if it thinks
fit proceed with the hearing and pass necessary orders provided that the order
passed shall not be the final order. The proceedings and the order passed by such
a committee shall not be invalid merely because the chairman or all three
members of the disciplinary committee were not present.
Where the final orders cannot be made because of want of majority among the
disciplinary committee or is not in accordance with the opinion of the Chairman
or the members of the disciplinary committee then such matter or case shall be
placed before the Chairman of the Bar Council. If the Chairman of the Bar
Council is acting as the chairman of the disciplinary committee, then the case

41
shall be placed before the Vice Chairman of the Bar Council. After hearing the
case, the Vice Chairman shall deliver his opinion and the disciplinary committee
shall follow such final order.
The disciplinary committee also has the power to impose costs of proceedings as
it may deem fit and such order shall be executable as if it were the orders of High
Court or Supreme Court.
The disciplinary committee also has the power to review its own orders
under section 44 of the Advocates Act, 1961
CASE LAWS
Allahabad Bank Vs. Girish Prasad Verma
Facts: A complaint was lodged by the Allahabad Bank against its advocate Girish
Verma stating that the advocate was given 52 suits for filing and accordingly paid
him the requisite court fee that was required for the same. The Advocate Girish
Verma filed 50 out of 52 suits and misappropriated the court fees paid to him for
the remaining 2 suits.
Held: The disciplinary committee of the Uttar Pradesh Bar Council held that the
advocate had misappropriated the court fee paid to him by the complainant and
hence ordered for striking off the advocates name from the roll of Uttar Pradesh
Bar Council. It further held that “The legal profession is a noble profession, and
its members must set an example of conduct worthy of emulation.”
V. C. Rangadurai Vs. D. Gopalan
Facts: The advocate Mr. V.C. Rangadurai did not disclose conflicting interest to
his client and kept him in dark. By doing this the advocate deceived his client
who had placed his trust with him. The disciplinary committee found the advocate
guilty and suspended him for a period of six years. The same order was
challenged in the Supreme Court.
Held: The Supreme Court of India upheld the order passed by the disciplinary
committee as there was no doubt regarding the advocates misconducts but
reduced the punishment from six years to one year.

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Rajendra Pai Vs. Alex Fernandes
Facts: In a land acquisition matter the advocate along with 150 villagers filed a
complaint. The advocate too was an interested party in the class action suit. The
matter was settled and a compensation was given to the complainants. The
advocate identified some claimants in opening a bank
account wherein the amount of compensation was drawn. The said amount was
withdrawn upon false identification. The disciplinary committee held that
advocates name from the State roll and Bar Council of India shall be removed
permanently.
Held: The order was then challenged in the Supreme Court wherein the
disciplinary committee’s order was slightly modified. The Supreme Court was of
the opinion that the punishment given was quite disproportionate to the facts and
circumstances. It further stated that “Debarring a person from pursuing his career
for his life is an extreme punishment and calls for caution and circumspection
before being passed”. It reduced the punishment and directed that the advocate
shall be suspended for a period of seven years.
Joginder Singh vs Bar Council Of India
Facts: In the present matter the advocate was convicted under section 473 of IPC.
There were various other criminal proceedings pending and that the advocate Mr.
Joginder Singh was out on bail. All these facts were concealed by him while
entering his name in the state bar roll. When the advocate filed an application to
the Bar Council of India to transfer his name from U.P. Bar Council to Bar
Council of Delhi the Bar Council of India learnt about such concealment and
issued a notice for striking of the advocate’s name. The disciplinary committee
passed an order of barring the advocate from practicing in any court and removed
his name from the roll.
Held: The advocate being aggrieved by the order of the bar council appealed in
the Delhi High Court. The Delhi High Court was of the opinion that there was no
interference required in the said matter as the order passed by the bar council was

43
in accordance with the evidence, facts and circumstances. Thus, the appeal was
rejected and the order of the disciplinary committee was upheld.
John D’Souza vs Edward Ani 1994 AIR 975
Facts: Mrs. Mary Raymond was a client of the appellant and had got her will
drafted by him. She further kept the will in the appellant’s custody itself for
execution. Mrs. Mary Raymond had appointed her husband as the executor of the
will but unfortunately her husband passed away in the
year 1974. Hence, she wished to make changes in the previous will and register
a new one. Upon demanding the same, the appellant did not return the same. Mrs.
Mary Raymond sent two letters claiming her previous will back but both her
letters were ignored. Therefore, she was compelled to make an another will with
Mr. George DaCosta. Even Mr. George DaCosta asked the appellant to return his
client’s previous will that was in his custody to which the appellant blatantly
denied and said
that he does not have any will with him. Later, after Mrs. Mary Raymond’s death
her son-in-law filed a complaint in the State bar council against the advocate i.e.
the appellant. The said complaint was dismissed. An order or revision was
obtained by the complainant and the matter was again placed before the state bar
council who again dismissed the complaint stating there was no misconduct
committed by the advocate. Aggrieved by such an order the complainant filed an
appeal before the Bar Council of India who set aside the State Bar Council’s order
and suspended the Advocate for a period of one year.
Held: On being aggrieved by such an order the advocate Mr. John D’Souza filed
an appeal before the Supreme Court of India. After hearing the matter in detail,
the Supreme Court was of the opinion that there was no evidence to prove that
the will was returned upon the demands made and that the advocate had no right
to withhold the will instead it was his duty to return the same when asked as the
will was placed in his hands with the trust of his client. Hence, the order of the
disciplinary committee of the Bar Council of India was upheld.

44
Conclusion
The advocates play a significant role in the Judicial system. One relies on them
completely by setting their complete trust. It is important for an advocate to
discharge its responsibilities in a precise and efficient manner. Being in the legal
profession and a officer of the court, an advocate is required to maintain high
standards and uphold the dignity of the judicial office. Any misconduct of an
advocate shall not be tolerable as this shall affect the trust and attitude of the
people towards the judicial environment. In order to ensure that such
irresponsible and irrational behaviour does not go unpunished a disciplinary
committee has been set up and given powers to conduct such matters involving
fraud, misconduct and cheating committed by an advocate towards his own client.

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Q5. Write rights and duties of advocate under the Advocate Act 1961.

Right to Practice (Section 30)

The right to practice law is a fundamental right of advocates in India. Section 30
of the Advocates Act, 1961, explicitly recognises the right of advocates to
practice in all courts, including the Supreme Court, High Courts, and subordinate
courts. Advocates have the right to appear, plead, and act on behalf of their clients
in any court or tribunal, and to perform all other functions conferred upon them
by law.
This right ensures that advocates can freely exercise their professional skills and
represent their clients without any undue restrictions, thus upholding the
principles of access to justice and the rule of law.
However, this right is subject to certain conditions, such as the advocate being
enrolled with the appropriate Bar Council, complying with the code of conduct
for advocates, and possessing the necessary qualifications and experience as
required by law.
Rights of Advocate to Pre-audience
Advocates in India have the right to pre-audience, which means the right to access
and inspect the records, documents, and proceedings of a case before it is taken
up for a hearing in court. This right allows advocates to prepare their cases
thoroughly, understand the facts and legal issues involved, and effectively
represent their clients.
The right to pre-audience is essential for advocates to provide competent legal
representation and ensure that their client’s interests are adequately safeguarded.
This right is recognised by various provisions of the Advocates Act, 1961, and
the rules of procedure of the courts, which provide advocates with the opportunity
to examine the case records and gather relevant information before presenting
their arguments in court.
Right to Freedom of Speech and Expression of an Advocate

46
Advocates have the right to freedom of speech and expression, which includes
the right to express their opinions or criticisms about the legal system, judiciary,
its functioning, or its decisions. This right is recognised
as a fundamental right under Article 19(1)(a) of the Constitution of India, which
guarantees the freedom of speech and expression to all citizens.
Advocates play a vital role in advocating for the rights and interests of their
clients, and they have the right to voice their opinions or concerns on legal matters
that affect their clients or the legal profession as a whole. However, this right
should be exercised responsibly and in adherence to the code of conduct for
advocates, which prohibits any disrespectful or derogatory remarks about the
judiciary or other legal professionals.
Advocate’s Right to Enter any Court and Observe the Proceedings
Advocates have the right to enter any court and observe the proceedings, even if
they are not representing any party in the case. This right allows advocates to gain
knowledge and insights into the functioning of the court, understand the legal
process, and stay updated with the latest developments in the law.
Advocates can also learn from the arguments and strategies of other advocates,
observe the judicial process, and enhance their legal skills through this right. This
right is recognised by the provisions of the Advocates Act, 1961, and the rules of
procedure of the courts, which permit advocates to be present in courtrooms and
observe the proceedings.
Rights of Advocate Against Arrest
Advocates have the right against arbitrary arrest or detention while performing
their professional duties. This right ensures that advocates can freely and
fearlessly represent their clients without any hindrance or intimidation.
The Advocates Act, 1961, specifically provides for this right under Section 32,
which states that no advocate shall be arrested or detained in any civil or criminal
case while going to or attending a court, or while returning from a court.
However, this right is subject to certain exceptions, such as when an advocate is

47
reasonably suspected of committing a cognisable offence, or when an arrest
warrant is issued against the advocate by a competent court.
Rights of Advocate Meet with Accused
Advocates can meet and consult with their clients, including accused persons, in
private, without any interference or monitoring. This right is essential for
advocates to effectively represent their clients and provide legal advice and
assistance.
The right to meet with accused persons in private is recognised by various
provisions of the Advocates Act, 1961, and the rules of procedure of the courts.
Advocates can meet their clients in police custody or in jail, and have the right to
discuss the case, gather information, and prepare the defence strategy in
confidence.
This right ensures that advocates can uphold the principles of attorney-client
privilege and maintain the confidentiality of their communication with their
clients.
Rights of Advocate to Secure the Privacy of Communication
Advocates have the right to secure the privacy of their communication with their
clients, which includes the right to protect the confidentiality of information
shared by their clients. This right is crucial for advocates to maintain the trust and
confidence of their clients, and to effectively represent their interests.
The Advocates Act, 1961, and the rules of professional conduct for advocates,
specifically provide for this right under various provisions, which prohibit
advocates from divulging any information or communication received from their
clients, except with their consent or as required by law. Advocates are also duty-
bound to protect the privileged communication and legal documents of their
clients from any unauthorised access or disclosure.
Right to Take Fee

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Advocates have the right to receive reasonable fees for the professional services
rendered to their clients. This right ensures that advocates can earn a livelihood
from their practice and sustain their profession.
The Advocates Act, 1961, and the rules of professional conduct for advocates,
recognise this right and provide guidelines for determining fees and the mode of
their recovery. Advocates are entitled to charge fees 46
based on their professional expertise, experience, and the nature of the case, and
are duty-bound to be transparent and fair in their fee agreements with their clients.
Advocates also have the right to sue their clients for their unpaid fees, subject to
the rules of professional conduct and the applicable laws.
Rights of Advocate to Refuse a Case
Advocates have the right to refuse to accept a case if they have sufficient reasons
to believe that the case is against their professional ethics or principles, or if they
have a conflict of interest. This right ensures that
advocates can maintain their independence and integrity and avoid any
compromise on their professional duties towards the court and their clients.
The Advocates Act, 1961, and the rules of professional conduct for advocates,
recognise this right and provide guidelines for advocates to refuse a case.
Advocates are not bound to accept every case that comes their way, and they have
the right to decline representation if they have valid reasons to do so.
However, this right is subject to certain exceptions, such as when an advocate is
appointed by the court to represent a party in a criminal case, or when an advocate
is engaged by the State to provide legal aid services. In such cases, advocates may
be required to accept the case, subject to the rules of professional conduct and the
applicable laws.
1. Duties of an Advocate towards the Court
Duty to uphold the dignity and decorum of the court
Advocates have a solemn duty to maintain the dignity and decorum of the court.
They must conduct themselves in a manner that upholds the dignity and respect

49
of the judiciary, and refrain from engaging in any act or behavior that may
undermine the integrity or authority of the court.
Advocates are expected to address the court with respect, use appropriate
language, and follow the court’s rules and procedures.
Duty to assist the court in the administration of justice
Advocates have a duty to assist the court in the administration of justice.
They must present their cases honestly, fairly, and with utmost sincerity.
Advocates are officers of the court and have a duty to ensure that justice is served,
and that the truth is brought before the court. They must not withhold any material
information from the court or mislead the court in any manner.
Duty of confidentiality
Advocates have a duty to maintain the confidentiality of their client’s
information. They must not disclose any confidential information or privilege
without their client’s consent unless required by law. Advocates must protect
their client’s interests and ensure that their client’s information is not divulged to
unauthorized persons.
Duty to be candid with the court
Advocates have a duty to be candid and forthright with the court. They must not
misrepresent facts, cite false authorities, or present misleading arguments.
Advocates must present their cases honestly and must not engage in any activity
that may undermine the integrity of the legal profession or the administration of
justice.
Duty to respect the orders of the court
Advocates have a duty to respect and abide by the orders of the court, whether
they agree with them or not. Advocates must comply with the orders of the court
and must not engage in any activity that may obstruct or interfere with the
administration of justice.
Disrespecting or disregarding the orders of the court can have serious
consequences, including disciplinary action by the bar council.

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Duty to be punctual and prepared
Advocates have a duty to be punctual and prepared for all court hearings and
proceedings. Advocates must arrive in court on time, be fully prepared with all
necessary documents, evidence, and arguments, and be ready to present their case
before the court.
Advocates must also be familiar with the relevant laws, rules, and procedures
applicable to their case, and must not cause any delays or adjournments due to
their lack of preparation.
Duty of fair and honest advocacy
Advocates have a duty of fair and honest advocacy in court. Advocates must not
knowingly make false statements, suppress material facts, or mislead the court or
opposing parties.
Advocates must present their case honestly, fairly, and in good faith, and must
not engage in any conduct that may compromise the integrity of the judicial
process. Advocates must also not indulge in any sharp practice or unethical tactics
to gain an unfair advantage in court.
Duty to refrain from criticism of the court
Advocates have a duty to refrain from making any unwarranted criticism of the
court or its officers. Advocates must not make derogatory remarks, use
disrespectful language, or engage in any conduct that may undermine the dignity
or authority of the court.
Advocates must always maintain a respectful and professional demeanour in their
interactions with the court, even if they disagree with a court’s decision or ruling.
Duty to comply with court orders and directions
Advocates have a duty to comply with court orders and directions. Advocates
must not defy or obstruct the implementation of court orders or directions and
must take necessary steps to ensure compliance.

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Advocates must also not engage in any conduct that may be deemed
contumacious or disobedient towards the court, as it undermines the authority and
integrity of the judicial system.
Duty to avoid frivolous or vexatious litigation
Advocates have a duty to avoid initiating or pursuing frivolous or vexatious
litigation. Advocates must thoroughly examine the merits of a case and advise
their clients accordingly.
Advocates must not file or defend a case that lacks legal or factual basis or is
intended solely to harass or burden the court or the opponent.
2. Duties of an Advocate towards Clients
Duty of loyalty and commitment
Advocates have a primary duty towards their clients. They must act in the best
interests of their clients and diligently represent their clients’ legal rights and
interests. Advocates must maintain a high level of loyalty, commitment, and
confidentiality towards their clients.
They must strive to achieve the objectives of their client’s cases to the best of
their abilities, within the bounds of law and ethics.
Duty to provide competent and diligent representation
Advocates have a duty to provide competent and diligent representation to their
clients. They must possess the requisite knowledge, skill, and expertise to handle
the legal matters entrusted to them.
Advocates must stay updated with the developments in the law and diligently
prepare and present their cases in a competent manner. They must also
communicate with their clients regularly and keep them informed about the
progress of their cases.
Duty of disclosure and informed consent
Advocates have a duty to disclose all relevant facts to their clients and obtain their
informed consent before taking any action on their behalf. Advocates must

52
provide complete and accurate information to their clients regarding the legal
implications, risks, and possible outcomes of their cases.
Clients have the right to be fully informed about their legal matters and make
informed decisions based on the advice and information provided by their
advocates.
Duty to avoid conflicts of interest
Advocates have a duty to avoid conflicts of interest between their clients and
themselves or their associates. Advocates must not represent conflicting interests
that may compromise their loyalty, integrity, or objectivity towards their clients.
They must disclose any potential conflicts of interest to their clients and obtain
their informed consent before proceeding with the representation.
Duty to maintain professional integrity and independence
Advocates have a duty to maintain professional integrity and
independence. They must not engage in any act that may compromise their
integrity, independence, or impartiality.
Advocates must not allow any undue influence, pressure, or consideration to
interfere with their professional judgment or compromise the interests of justice.
Duty to maintain communication and updates
Advocates have a duty to maintain regular communication and updates with their
clients. Advocates must keep their clients informed about the progress of the case,
court dates, developments, and any other relevant information.
Advocates must also promptly respond to their client’s queries, concerns, and
instructions, and not ignore or neglect their clients’ interests.
Duty to act in the best interests of the client
Advocates have a primary duty to act in the best interests of their clients.
Advocates must always prioritize their client’s rights, interests, and instructions,
and not compromise their clients’ position for their own personal gain or interests.
Advocates must act with loyalty, sincerity, and professionalism in advancing their
client’s cause.

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3. Duties of an Advocate towards Society
Duty to promote access to justice
Advocates have a duty to promote access to justice and ensure that justice is
accessible to all, irrespective of their social, economic, or personal background.
Advocates must not refuse legal representation to any person on the grounds of
discrimination, bias, or prejudice.
They must strive to provide legal aid and pro bono services to the indigent and
marginalized sections of society.
Duty to promote legal education and awareness
Advocates have a duty to promote legal education and awareness among the
general public. They must strive to educate the public about their legal rights,
obligations, and remedies. Advocates must also contribute to
legal research, writing, and publications to enhance the knowledge and
understanding of the law in society.
Duty to uphold the rule of law and social justice
Advocates have a duty to uphold the rule of law and promote social justice. They
must use their legal skills and knowledge to prevent and redress any violation of
human rights, injustice, discrimination, or abuse of power.
Advocates must also strive to eradicate corruption and promote transparency,
accountability, and fairness in the legal system.
4. Duties of an Advocate towards Colleagues
Duty of 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 interests of their colleagues. Advocates must strive to maintain a
cordial and professional relationship with their colleagues and promote a healthy
and harmonious working environment within the legal profession.
Duty to report professional misconduct

54
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.
Reporting professional misconduct is essential to maintain the integrity and
reputation of the legal profession and uphold the interests of justice.
Duty to mentor and guide junior advocates
Advocates who have gained experience and expertise in the 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
development.
Advocates must also strive to maintain a healthy and respectful
relationship with their juniors, providing them with guidance, support, and
constructive feedback.
5. Duties of an Advocate towards the Bar Council
Duty to comply with the code of ethics
Advocates have a duty to comply with the code of ethics and professional
standards laid down by the Bar Council. Advocates must be familiar with the
rules, regulations, and guidelines of the Bar Council and must adhere to them in
their professional conduct.
Advocates must also cooperate with any inquiries, investigations, or disciplinary
proceedings initiated by the Bar Council and provide all necessary information
and documents.
Duty to pay dues and fees
Advocates have a duty to promptly pay their dues, fees, and subscriptions to the
Bar Council. Advocates must also promptly respond to any communications,
notices, or requirements from the Bar Council and comply with their regulations
and procedures.
Duty to participate in Bar Council activities

55
Advocates have a duty to actively participate in the activities of the Bar Council,
such as elections, meetings, seminars, and workshops. Advocates must also
contribute to the welfare and development of the legal profession by providing
feedback, suggestions, and inputs to the Bar Council for its better functioning.
Duty to abide by the rules and regulations of the Bar Council
Advocates have a duty to abide by the rules, regulations, and code of conduct
prescribed by the Bar Council of India or the State Bar Council. Advocates must
familiarize themselves with the applicable rules and regulations and must comply
with them in all their professional activities.
Advocates must also keep themselves updated with any changes or amendments
to the rules and regulations of the Bar Council, and must adhere to them at all
times.
Duty to report misconduct
Advocates have a duty to report any misconduct or unethical behaviour of fellow
advocates to the Bar Council. If an advocate becomes aware of any violation of
the Advocates Act, the Bar Council rules, or any other ethical standards by
another advocate, they must promptly report such misconduct to the Bar Council
for appropriate action.
Advocates must also cooperate with the Bar Council in any investigation or
disciplinary proceedings related to such misconduct.
6. Duties of an Advocate towards Opposite Party and Opposite Counsel
Duty of fairness and respect towards the opposite party
Advocates have a duty of fairness and respect towards the opposite party.
Advocates must not engage in any conduct that may harass, intimidate, or bully
the opposite party.
Advocates must also not indulge in any acts of misconduct, such as
misrepresentation, suppression of evidence, or manipulation of facts, that may
prejudice the rights and interests of the opposite party.
Duty of professional courtesy towards opposite counsel

56
Advocates have a duty of professional courtesy towards the opposite counsel.
Advocates must treat the opposite counsel with respect, dignity, and
professionalism. They must not engage in any conduct that may undermine the
reputation or interests of the opposite counsel.
Advocates must also not make any personal attacks or use derogatory language
against the opposite counsel during court proceedings.
Duty to avoid conflicts of interest with the opponent
Advocates have a duty to avoid conflicts of interest with the opponent. Advocates
must not represent conflicting interests that may compromise
their ability to provide unbiased and effective representation to their clients.
Advocates must also not engage in any activities that may be deemed as collusive
or unethical, which may result in a compromise of the opponent’s rights or
interests.
7. Duties of an Advocate Towards the Legal Profession
Duty to uphold the dignity and honour of the legal profession
Advocates have a duty to uphold the dignity, honour, and integrity of the legal
profession. Advocates must maintain high standards of professional conduct,
ethics, and morality.
Advocates must not indulge in any conduct that may bring disrepute to the legal
profession or erode public confidence in the legal system. Advocates must also
not engage in any activities that may compromise their independence,
impartiality, or integrity as a legal professional.
Duty to promote legal education and professional development
Advocates have a duty to promote legal education and professional development.
Advocates must continuously update their knowledge, skills, and expertise in the
field of law through regular study, research, and training.
Advocates must also share their knowledge and experience with junior advocates
and law students to contribute to the growth and development of the legal
profession. Advocates must actively participate in legal seminars, workshops, and

57
training programs to enhance their professional competence and stay updated
with the latest legal developments.
Duty to maintain professional conduct and etiquette
Advocates have a duty to maintain professional conduct and etiquette in their
interactions with clients, opponents, judges, court staff, and other stakeholders in
the legal system. Advocates must conduct themselves with dignity, courtesy, and
respect towards all parties involved in a case, irrespective of their personal
opinions or differences.
Advocates must also refrain from engaging in any behaviour that may be deemed
unprofessional, unethical, or contemptuous of the court.
Duty to avoid misleading or false statements
Advocates have a duty to avoid making misleading or false statements in the
course of their professional practice. Advocates must not make any false,
exaggerated, or misleading claims about their qualifications, experience, or
success rates to attract clients or gain an unfair advantage in a case.
Advocates must also refrain from making any false statements or presenting
fabricated evidence in court, as it undermines the integrity of the legal profession
and the justice system.
Duty to respect the authority of the court
Advocates have a duty to respect the authority of the court and uphold the dignity
and integrity of the judicial system. Advocates must not indulge in any behaviour
that may undermine the authority of the court or obstruct the administration of
justice.
Advocates must comply with the rules, procedures, and orders of the court, and
not engage in any conduct that may be deemed disrespectful, disobedient, or
contemptuous of the court.

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