The document discusses the seven lamps of advocacy which are qualities an advocate should possess. They are honesty, courage, industry, wit, eloquence, judgment, and fellowship. It also discusses an additional eighth quality of an advocate - tact.
The document discusses the seven lamps of advocacy which are qualities an advocate should possess. They are honesty, courage, industry, wit, eloquence, judgment, and fellowship. It also discusses an additional eighth quality of an advocate - tact.
The document discusses the seven lamps of advocacy which are qualities an advocate should possess. They are honesty, courage, industry, wit, eloquence, judgment, and fellowship. It also discusses an additional eighth quality of an advocate - tact.
The document discusses the seven lamps of advocacy which are qualities an advocate should possess. They are honesty, courage, industry, wit, eloquence, judgment, and fellowship. It also discusses an additional eighth quality of an advocate - tact.
I Eth"1cs, Accountancy for Lawyers & Bar-Bench Relation
38 Profess1ona i 4. SEVEN LAMPS OF ADVOCACY Lord Brougham said. that a 'lawyer ri:ust, know everythin about something and something about ~V:erythmg. A_good advocat should possess some essential quahties and equipment. Judg Abbot Parry in his book entitled, 'The Seven Lamps of Advocac:y refers to the qualities, which an. advocate should p~ssess~ The are: I. Honesty 2. Courage. 3. Industry. 4. Wit. 5. Eloquenc 6. Judgment; and 7. Fellowship. 1. Honesty: Honesty means the -. quality .. o straightforwardness; freedom from deceit, cheating o s"iealing and not telling lies. The. best advocates of al generations have been devotees of honesty. Example fo honest character is Abraham Lincoln, who founded hi -fame and success on what some called 'perverse honesty' The nobleness of legal p~ofession ,lie.~ in .honesty - . . ., ' . itself. He should disclose the real facts .and legal- po~ition t his clients frankly. Hon~sty, integrity and character are. inseparable. These three virtues together ·are essentia or the success of an advocate. •, - • . . urage: Courage is -the quality. that enables a perso £Ontrol fear in the face of danger, pain, misfortune, __An_ advocate should. (ace the pressures from outsi.9e coura e. metimes he has to fight against State. hould pot fear about the executive and politiciaJlS. ust perform his duty to safeguard the. interests of ient. _Advocacy is a f~rm of combat \\;'here courage fa~e of danger· means ~innirig µalf the battle. e 1s as g~od a weapon in the forum as in •the les Hutton's. He hath in perfection the three • - & ~. . . . I
lifications of an advocate - Boldness Boldness
'll~~~l~mp .quotes 'the dry drud~~ry of the
ead~o~d.- A~vocacy is indeed a life ·of industry wyer ~ust _study his _brief in the same way that r studies his part. Success in advocacy is not Advocacy: A Noble Profession 39 derived at by intuition. Lord Eldon says, 'An advocate must live like a hermit and work like a horse'. Advocacy is an intellectuaJ_ profession. Intelligence and knowlcd e w1 be sharpened wit·-h-aidwor. a~d strenuous efforts. _Advocacy is the profession, which rcq·ui~c 'study' and 'study' throughout the career. Industry brings a good fame and .name to an advocat~.. IJaw changes day-to- day. T'o ace uire u Jtodatc knowledge an advocate 1nust refer international and national 1ouma s, re erence oo s of his library and the bar library. 1-Ic has to work hard like a spider to the P~rn;,fA\ of his ,client. 1 .. .,.,.., .._/~ . w· 1rJ.eU,~~ ,n tA f'vU.lff Wl • rYl.MlfJp1 •4 . .W , 1t:_ 1t means clever anti humorous expression of '-1 jdeas; liveliness of spirit. Wit flows from intelligenc~-- " understanding and quickness of mind. Wit lessens the workload of an advocate. It relaxes his mental strain. The lan1p of wit is needed 'to lighten the darkness of advocacy. Often the wit of a lawyer will tum a Judge from an unwise course, where judg1nent or rhetoric would certainly fail.' 5. Eloquence: The success of an advocate depends upon his eloquence. Eloquence mea1!s fluent speaking and s. kilful . u,se of 1gRfl]Jegy to ~ersuade or to appeal to the feeling ·of others. Fluent- speaking impresses the listener. An advocate must be fluent, skilful in using appropriate words to impress the Court. Eloquence attr?cts the attention of the listener. Eloqu~fice is related 10 the art _ of oratory. . 'Eloquence of manner is real eloquence' and there is a physical as well as psychological side to advocacy. 4/ ·Lu Iv tuf!SeL . ,• . 6. Judgment: Judgment"il an intellectual capacity~· 'the inspiration which enables a min to translate gobdl\nsc into right action'. In judgment one has to estin1atc,. .9on&ider and form an opinion about the issues with good • sense and ~bili.ty;. An advoca~e could be In a positi~n. to Judge the merits and demerits of the -case on hearing the brief a~d seeing the document. He s·hould inf<)rm his client the legal position openly after judging the issue~. Professional ,40 ~~ Ethics, Acco for Lawyers untancy:=: Relation - & Bar-Bench--- ~~ ~~ ~.. .::: .:= ~-- --= --- --- --- /=- Here judgment is not 'givi ng the deci sion of the case by the Judge in the.C ourt '. !~d ~en t mea ns the st~ of the case in deep by ~ons1der1ng all shad es of the consequences. In nothing does the lawy er mor e openly exhibit want of Judgment than in prolixity. 7. Fellowship: Fellowship means the mem bers hip in friendly association or companionship .. Fello wshi p is e x a ~ · a great public school, the boys of whic h have grown older, and have exchanged boyi sh for man ly objects. Though the advocates are oppo nent parti es befo re the bench but not enemies with each othe r their conf lict ends as they come out of the doorsteps of the Cou rt. Daniel Webster says, 'La:wyers .Q!! oppo site side s of a case are like the two parts of shears, they cut wha t com es betw een them, but not each othe r'. The re is n~ discrimination of age, ability, expe rienc e and riche s etc. between the advocates. All are equal. By keep ing the lamp of fellowship burning, adyo cates enco urag e each _other by sharing the knowledge to walk in the lig} rtof the seven lamps of advocacy.
In_ add~tion_ to the ab~ve seven, K. V. Kris hna Swa my
Aiyer m his book entitled, 'Prof essio nal Con duct and :'"dvo~acy' adds~includes one ffiore qual ity of an Advocate, S~ t as the eighth lamp as explained belo w: It is not feasy to _des th cribe tact but its b - 'fac~is,.(as ~ lan_ip):ed Men . a sence easily notic suffered for quarrelling wi~h the tr·~ u~qu estio ned ~bili ty ha~e 1 dignity over trifles ti tt· . un~ or for stan dmg on the1r their tempers; they are 'me~rg;f m!rt~he~r ch~nts, or for losin g handling peo le an • - p ut with out tact. _Tact means .. t cau • ffence. _ n a vocate must be in a lient opponent part o anent ods1t10n to tackle and hwin . • a vocate in a smo ot er wa . _An a vocate should not quarrel with C t mgs m e ourt and out 'd ourt _or lose tern er over trifle founded on judg men t but • si e. - Tact mvo lves and is in reality 0f • • more prop erly re £ers to the hum an side . puttmg mto actio n the resu1t of one' s judg men t.