Legal Profession
Legal Profession
Legal Profession
INTRODUCTION:Advocacy is a noble profession who helps the aggrieved persons to in justice from court of law
pleading the case before the court.It is the advocate who legally assist the court arriving at correct decision if
performing his professional duties skillfully and honestly.
Meaning of an advocate: Advocate is a person who is engaged in practicing profession of law
Advocate Definition: The Scottish law term for a barrister; one who argues cases for clients before the Court.
Related Terms: Solicitor, Barrister, Lawyer, Attorney, Lord Advocate.
1.To be loyal with clients: The lawyer must be loyal to the client and communication between them must be kept
secret in the wake of the provisions of QSO,1984.It is also duty of a good and successful lawyer that any client
should not be further alienated in any mode whatsoever.
2.Balance your personal and professional life:A professional advocate keeps his personal and professional life
separate and never mix it up with each other .This is a climax of the profession of law.
3.Respect the court: An advocate is a law officer of the court ,therefore, he is also duty bound to keep the respect
level of the court up .
4.Preparation:Preparation of case should be made carefully and laboriously using professional skill.
5.To help the poor and oppressed society:Being a lawyer ,he must help the oppressed and poor community of
society to obtain redressal of their grievance.
6.Not advice to violate law:It is a quality of a good lawyer that he should not advice ,conspire and assist the
violation of law .
7.Be friendly with fellow lawyers:A sincere advocate always works for his fellow lawyers and partners providing
legal guidance .
8.Not to discuss any case in the court in the absence of apposite council:Always argument on any point of law or
fact must be advanced in the court in presentia of other advocate.
9.Be aware of amendments of law :An advocate must keep in touch with the latest law and amendments therein as
updated time to time.
10.To avoid easy come easy go:He should not indulged himself to earn money by hook or crook .
CONCLUSION:An Advocate supporting and enabling people to: Express their views and concerns. Access
information and services. Defend and promote their rights and responsibilities.
TOPIC 2: WHAT ARE THE RIGHTS ND DUTIES OF AN ADVOCATE
INTRODUCTION:Advocates, in addition to being professionals, are also officers of the courts and play a vital role
in the administration of justice.Accordingly, the set of rules that govern their professional conduct arise out of the
duty that they owe the court, the client, their opponents and other advocates.
Meaning of an advocate: Advocate is a person who is engage in practicing profession of law
Advocate Definition: The Scottish law term for a barrister; one who argues cases for clients before the Court.
Related Terms: Solicitor, Barrister, Lawyer, Attorney, Lord Advocate.
DUTIES OF AN ADVOCATE TOWARDS CLIENTS:
1.Faithful towards clients.He should be faithful to his clients and should not be accessible to the opponent party.
2.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
3.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.
4.Not withdraw from service: An advocate should not ordinarily withdraw from serving a client once he has agreed
to serve them.
5.Not suppress material or evidence:An advocate appearing for the prosecution of a criminal trial should conduct
the proceedings in a manner that it does not lead to conviction of the innocent.
6.Not disclose the communications between client and himself: An advocate should not by any means, directly or
indirectly, disclose the communications made by his client to him.
7.Reasonable fee:He should not saddle his clients with huge fees.
8.Not charge depending on success of matters: An advocate should not charge for his services depending on the
success of the matter undertaken.
9.Not receive interest in actionable claim:An advocate should not trade or agree to receive any share or interest in
any actionable claim
10.Not bid or purchase property arising of 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 be
11.Not adjust fees against personal liability:An advocate should not adjust 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.
12. Provide copy of accounts: An advocate must provide the client with the copy of the clients account maintained
by him on demand, provided that the necessary copying charge is paid.
13.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.
14.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 client.
15.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.
CONCLUSION:Lawyers duty to its client requires to act with due skill and care, reasonable promptness and
courtesy, whilst maintaining your clients confidences and avoiding conflicts of interest.
TOPIC 3. DUTY TOWARDS COLLEAGUE
INTRODUCTION: An advocate is a responsible citizen of the society ,therefore, he should establish cordial
relations with his colleagues because he is law professional .
1.To look convenience of opposite council:He should be polite and courteous to his colleagues and avoid
misbehave.
2.No undertaking:There is no undertaking of an advocate towards colleagues but be polite and courteous.
3.Not to be address to opposite party:Always address to the court,neither opposite party nor counsel.
4.No mean advantage:He should work enthusiastically without taking any benefit.
5.Not to loss self-control:He should be a balanced person and should not loose control upon himself.
6.Not to discuss opposite council in his absence:He should not argue the case in the absence of opponent counsel.
7.No advertisements:He should not advertise himself and should not make advertisement of his good deeds.
8.Not to laugh at the council:He should avoid to laugh at the opposite advocate.
9.Not to steel others clients: He should never try to attract the clients of others.
10.Not to interrupt:He should not interrupt in the work of others.
CONCLUSION: Being member of profession of high profile a lawyers professional relationships are
important. Lawyer demonstrate this by showing courtesy to the colleagues even in circumstances where you feel it is
undeserved.
TOPIC 4. RULES ON AN ADVOCATES DUTY TOWARDS THE COURT
INTRODUCTION: Lawyers are officers of the court and as such, must act with integrity and
professionalism while maintaining their overarching responsibility to ensure civil conduct.
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.
2.Respect the court:An advocate has to bear in mind that the dignity and respect maintained towards judicial office
is essential for the survival of a free community.
3.Not communicate in private:An advocate should not communicate in private to a judge with regard to any matter
pending before the judge or any other judge
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 .
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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 shall not
blindly follow the instructions of the client.
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 Pakistan Rules and his appearance should always be presentable.
7.Refuse to appear in front of relations: An advocate should not enter 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 father,
grandfather, son etc.
8.Not appear in matters of pecuniary interest: An advocate should not act or plead in any matter in which he has
financial interests
9.Not stand as surety for client: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.
CONCLUSION:A lawyer's duty to the court is a fundamental obligation that defines a
lawyer's role within the adversarial system. However, a lawyer's duties are not carried out
in a vacuum. While facing financial and competitive pressures, lawyers must fulfill and
balance their duties to the client, opposing counsel, the administration of justice and
society.
TOPIC 5. DUTY TOWARDS STATE
INTRODUCTION:An advocate is the law officer of the court ,therefore, he should abide by the law enforced by the
State sricto sensu.
1.To act according to law: As a lawyer of the state he must act according to law with honesty, integrity and candour.
2.To be loyal:The lawyer must be loyal to the State .It is also duty of a good and successful lawyer that in any matter
of state should not be further alienated in any mode whatsoever.
3.Not to aid and abet:It is quality of a good lawyer that not to help in any way to evil persons/culprits.
4.To fulfill liabilities: Being a lawyer he must fulfill their liabilities towards state. Any duties owed and directions
made by the court must be fulfilled.
5.To help the deserving client:Being a lawyer ,he must help the deserving client of society to obtain redressal of
their grievance.
6.To give expert opinion: It is a quality of a good lawyer to give expert opinion to anyone he should not advice
,conspire and assist the violation of law .
7.Not to stare-up litigation's:He should not linger on the litigation. He must work for expeditious disposal of the
cases.
8.to do public service:He should be hyper-kinetic to render his services to the public when needed.
9.To win the confidence and good will of citizens:Public /citizens confidence,free and sincere services are
necessary to be offered.
10.To pay a vital role in nation building:Performing his duties honestly, and sincerely using skill is sufficient for
nation building.
CONCLUSION:The professional duty of the advocate is to follow the law of land and work for enforcement of the
law promulgated by the State.
TOPIC 6. DUTIES TOWARDS IT SELF
INTRODUCTION:A legal practitioner means lawyer is an integral part of the administration of justice. Being a
good lawyer he must perfect in his behaviour and professional duty of the advocate is to follow the law of land and
work for enforcement of the law promulgated by the State.
1.Characterful:He must possess good character in all respect.
2.Cleanliness in words and deeds:He should have fair and clear in his working using happy words .
3.Self-respect and independence:To have respect , he must be respectfull to the courts and his colleagues.
4.Master of profession:He should be at climax of his professional skill.
5.Good behavior:Good behaviour towards courts,colleagues and litigants is the primary duty of the lawyer.
6.Prompt services/Quick services:He should be kinetic to perform his duties.
7.Hardworking:Hardworking is the ornament of a good advocate.
8.Honest:Honesty is distinction quality of a lawyer.
CONCLUSION:He should be faithful to itself .As a legal practitioner you will find yourself in an ethical dilemma
at various times in your career; it is a part of practice. Ethical quandaries can arise when your duties to the law, court,
colleagues and your clients diverge, and it is sometimes difficult to uphold these competing obligations.