Chanderprabhu Jain College of Higher Studies

& School of Law

An ISO 9001:2015 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGSIPU, Delhi)

E-Notes

Class : BBALLB/ BALLB IX Semester

Paper Code : 501
Subject : Legal Ethics and Court Craft

UNIT IV
LEGAL ETHICS

Duty to court

RULES ON AN 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 proper ground for serious

complaint against a judicial officer, the advocate has a right and duty to submit

his grievance to proper authorities.

Page 1 of 15
 Chanderprabhu Jain College of Higher Studies
& School of Law
An ISO 9001:2015 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGSIPU, Delhi)

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 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. An advocate should not
influence the decision of a court in any matter using illegal or improper means
such as coercion, bribe 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
use unfair practices in any mater 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 shall not blindly follow the instructions of the client. He shall be dignified in
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

Page 2 of 15
 Chanderprabhu Jain College of Higher Studies
& School of Law
An ISO 9001:2015 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGSIPU, Delhi)

pleadings. He shall not use unparliamentary language during arguments in the

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 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, 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 such ceremonial occasions and at such places as 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.

Page 3 of 15
 Chanderprabhu Jain College of Higher Studies
& School of Law
An ISO 9001:2015 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGSIPU, Delhi)

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 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.

RULES ON AN 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 practise. He should levy fees
which is 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.

Page 4 of 15
 Chanderprabhu Jain College of Higher Studies
& School of Law
An ISO 9001:2015 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGSIPU, Delhi)

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 sufficient 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 jeopardising his client’s interests.

4. Full and frank disclosure to 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 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 regard to any
unpleasant consequences to himself or any other. He shall defend a person
accused of a crime regardless of his personal opinion as to the guilt of the

Page 5 of 15
 Chanderprabhu Jain College of Higher Studies
& School of Law
An ISO 9001:2015 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGSIPU, Delhi)

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 it does not lead to 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 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.

9. An advocate should not act on the instructions of any person other

than his client or the client’s authorised agent.

10. Not charge depending on 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.

Page 6 of 15
 Chanderprabhu Jain College of Higher Studies
& School of Law
An ISO 9001:2015 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGSIPU, Delhi)

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
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 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 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 in this behalf.

13. Not bid or transfer property arising of 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

Page 7 of 15
 Chanderprabhu Jain College of Higher Studies
& School of Law
An ISO 9001:2015 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGSIPU, Delhi)

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.

RULES ON ADVOCATE’S DUTY TO OPPONENTS

1. Not to negotiate directly with opposing party

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

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

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.

RULES ON AN 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

Page 8 of 15
 Chanderprabhu Jain College of Higher Studies
& School of Law
An ISO 9001:2015 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGSIPU, Delhi)

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 or that he specialises in any particular type of work or that he has been a
Judge or an Advocate General.

3. Not promote unauthorized 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 must not use advocacy espoused as a noble profession for skirting
around the law in order to save some money in the form of taxes, an advocate
should, instead, be a beacon of regulatory citizen participation towards the
observance of law.

5. Consent of fellow advocate to appear

Page 9 of 15
 Chanderprabhu Jain College of Higher Studies
& School of Law
An ISO 9001:2015 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGSIPU, Delhi)

An advocate should not appear in any matter where another advocate has filed a
vakalat or memo for the same party. However, the advocate can take the
consent of the other advocate for appearing.

In case, an advocate is not able to present the consent of the advocate who has
filed the matter for the same party, then he should apply to the court for
appearance. He shall in such application mention the reason as to why he could
not obtain such consent. He shall appear only after obtaining the permission of
the Court.

Advocate's Duty During Cross Examination:

According to Sec 138 of Indian Evidence Act, 1872 the examination of witness
by adverse party is known as cross examination. It is the right of an advocate to
cross-examine the opponent party and his witnesses. The object of cross
examination is that if cross examination is conducted effectively and efficiently,
it discovers the truth. When a fact is stated in examination- in- chief and there is
no cross examination on that point naturally it leads to the inference that the
other party accepts the truth of the statement.

Cross examination of witnesses is a procedural matter. Cross examination is

mostly done according to the provisions of the Indian Evidence Act, Civil
Procedure Code, Criminal Procedural Code and other provisions of the law.
Besides these procedural matters; legal ethics are also concerned with what the
advocate should do or should not do, while he is performing cross –
examination. It has to be done with an objective to obtain the real facts from the
witnesses and the opposite party.

While cross examining and advocate must not offend the religious or personal
feelings of the opposite party. He should not mis-utilise the opportunity of cross
examining. He has no right to disgrace and bully a witness by putting offensive
questions. Questions which affect the integrity of a witness by making

Page 10 of 15
 Chanderprabhu Jain College of Higher Studies
& School of Law
An ISO 9001:2015 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGSIPU, Delhi)

aggressive comments on his character, but are not otherwise relevant to the
actual enquiry, ought not to be asked unless the cross – examiner has reasonable
grounds for thinking that the imputation conveyed by the question is true.

Such questions should only be asked if in the opinion of the cross – examiner,
the answers would or might materially affect the credibility of the witness and if
the allegation conveyed by the question relates to matters so remote in time or
of such a character that it would not affect or would not materially affect the
credibility of the witness, the question should not be asked.

In all cases, it is the duty of the advocate to guard against being made the
channel for questions which are only intended to insult or annoy either the
witness or any other person, and to exercise his own judgement both as to
substance and the form of the questions asked.

Advocate's Duty To The Colleagues

Section IV of Chapter II of Part VI of Br Council of India lays down the

provisions about the ‘Advocate's duty to the colleagues. Rules 36 to 39 provides
for advocate's duty to the court. An Advocate cannot appear in a case where a
memo is filed by the name of the other advocate. To do so he has to first take
consent from the advocate and in case if such consent is not given then he has to
apply to the court stating the reasons as to why he need consent.

All advocates are part and parcel of the administration of justice. They are court
officers. They take the fee of the services rendered. But the fee is not the criteria
its only secondary their service is basically a public service and each advocate's
office is known as public office. The primary concern of the advocate should be
aiming for justice for the welfare of people. There should not be any kind of
unhealthy competition between the colleagues. All are equal and each of them
to mutually respect each other. An advocate is not supposed to advertise
himself.

Page 11 of 15
 Chanderprabhu Jain College of Higher Studies
& School of Law
An ISO 9001:2015 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGSIPU, Delhi)

If any client brings a case from another advocate to an advocate asking him to
appear for the case, then this new advocate should not readily accept the case;
first he has to go through the background of the case, details of the case and
most importantly he must know the reasons as to why the client wants to change
the previous advocate. If all the reasons stated by the client are proper then he
must ask the client to bring a no objection certificate from the previous
advocate; then only it is appropriate for him to take up the case. All members of
the bar association are known as colleagues. An advocate has to respect all his
colleagues and should not criticise co advocates.

An arrogant attitude of an advocate towards his colleagues is always observed

by the clients and public present in the court. This kind of behaviour affects his
profession, bar and bench relations, court proceedings and finally the whole
administration of justice.

Conclusion

Professional ethics is nothing but the duties which are to be followed by the
advocate. An advocate who violates these duties is considered as he has violated
the principles of professional ethics. These are the moral duties which have to
be followed by everyone not only in the advocate profession but other
professions as well because ethics and morals are important for each and every
person in the society.

The core subject of legal ethics is to maintain honour, dignity of the law
profession and to create a friendly atmosphere in the court without any biasness
and quarrels between advocates which eventually spoils the bar and bench
relations and ultimately affects the administrative system of justice. Cooperation
and fair dealing is necessary for the advocates. This kind of attitude helps them
to acquire more clients and be responsible towards the society because an
advocate is considered to do public service.

As every individual has a code of conduct, in the same way advocate also has

Page 12 of 15
 Chanderprabhu Jain College of Higher Studies
& School of Law
An ISO 9001:2015 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGSIPU, Delhi)

conduct or duties which are to be performed towards himself, his clients,

opponents, colleagues, court etc. it is the duty of the advocate to maintain the
decorum of the court and act properly with his opponents or colleagues. He
must always act in the best interests of his clients and should not do any kind of
act that betrays their trust upon him. All these duties, ethics and morals help an
advocate to be in a better position in his career and become a successful lawyer.

Duty of an Advocate towards Society.

A lawyer is a client representative or a neutral third party, a law enforcement

officer and a public citizen with special responsibility for the quality of justice.
You would not have anyone without lawyers to protect you from the abuse of
the law.

It was common for people to beat before prosecutors resisted this before they
admitted. Then it was normal for no one to remind them that when they were in
jail and challenged they had the right to remain silent, and the right to an
advocate. Legal issues usually occur on a regular basis in today's world. More
definitely, you do not have the time to deal with them all. It is very good to have
a solicitor to take care of your entire legal situation and it is one sure way to free
yourself from needless headaches. Having an advocate is a very good idea even
if you do not have problems now.

Role of a Lawyer in Society:

The universe in which people live is full of actions and decisions considered as
right and wrong. The rules deem some acts right and wrong, but they also deem
different actions of culture and morality in this manner. The confusion and
debatable scenarios quickly become known because of these different laws and
opinions.

Society’s rules are put in place to ultimately secure citizens.

Page 13 of 15
 Chanderprabhu Jain College of Higher Studies
& School of Law
An ISO 9001:2015 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGSIPU, Delhi)

1. Security:
Attorneys offer people a sense of comfort when following their life goals
believing that if they need help, someone will have their back. Lawyers
play a critical role in promoting social peace by applying the law in a way
that reacts to the basic requirements of justice, that is, equal results
obtained by reasonable procedures.

2. Advisor for Society:

Prosecutors work in civil trials to defend individuals and corporations,
and in criminal trials to achieve fairness. Lawyers work as consultants to
their customers, educating them of their freedoms, legal processes and
encouraging them to manage the sometimes complicated legal system.

Without counsel and professional legal network, people would need to

study the law and previous judicial decisions to learn how those decisions
are made and comprehend how those judgments and laws apply to your
situations

3. Keeping confidential:
Some discussions with your counsel will be private, ensuring a prosecutor
under the professional legal network cannot discuss the case with anyone
without your consent, including the police or the trial.
There are certain cases when the attorney will warn others about you or the
case.

What Legal Services do Lawyers offer?

Legal services are defined as services related to government laws or legal issues
such as providing legal advice, filing a case, defending against criminal charges,
etc., which lawyers provide. Attorneys are classified into two main categories:
trial lawyers and prosecutors. Lawyers serve and convict the accused or victims

Page 14 of 15
 Chanderprabhu Jain College of Higher Studies
& School of Law
An ISO 9001:2015 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGSIPU, Delhi)

in civil trials. With the help of the attorney network services, one can easily hire
an attorney to get assistance in legal matters.

Through the help of the professional legal network and its offerings, the lawyers
are able to give their clients advice and attend to legal matters outside the
courtroom realm. For the following cases such as personal injury cases, criminal
defenses, business legal services, family and divorce cases, etc., these lawyers
provide various types of legal services. As lawyers, when presenting evidence
and speaking in favor of their defendant they represent one of the plaintiffs in a
criminal or civil court.

As attorneys, lawyers counsel their customers on their legal rights and

obligations and recommend business and personal course of action.

Lawyers are in a unique position to support people, groups, and organizations

with their legal issues and to further the public good. Public interest attorneys
advocate civil campaigns for society's greater good to support those in need of
legal assistance who might otherwise not be able to afford lawyers. Personal
attorneys also do Bono work to help people with low incomes.

Lawyers are the traditional mass mouthpiece at the law court. In your situation,
you may not be able to know what the constitution stipulates. Your interest will
be secured by expert counsel. For the most part, the legal profession is self-
governing. Although other occupations have also been given self-government
powers, because of the close relationship between the practice and the systems
of government and law enforcement the legal profession is unique in this
respect. This relation is reflected in the fact that the ultimate authority over the
legal profession is overwhelmingly concentrated.

As regards time commitment and financial investment, becoming a lawyer is a

huge undertaking. Passing the bar and the law school can be arduous challenges.
Often your inspiration will rely on understanding what's really nice about this
career and being able to see it on the horizon out there.

Page 15 of 15