Introduction -

          An advocate Shall all times, comport himself in a manner benefiting his status as an officer of the court. An advocate is a privileged member of the community and a gentlemen besides being a citizen. He has great responsibility to protect the country and lead the community.



Duties of an advocate towards the court are as follows -


1)  An advocate  shall, during the presentation of his case and while otherwise acting before a court conduct himself with dignity and self-respect. He shall not be servile  and whenever there is proper ground for serious complaint against a judicial officer, it shall be his right and duty to submit his grievance to proper authorities.


2) An advocate shall maintain towards the court a respectful attitude bearing in mind that the dignity of the judicial office is essential for the survival of a free community.


3) An advocate shall not influence the decision of a Court by any illegal or improper means. Private communication with a judge relating to a pending case are forbidden.


4) An advocate shall use his best efforts to restrain and prevent his client from restoring to sharp or unfair practices or from doing anything in relation to the court, opposing Counsel or parties which the advocates himself ought not to do. An advocate shall refuse to represent the client who persists  in such improper conduct. He shall not consider himself a mere mouthpiece of the client, and shall exercise his own judgement in the use of restrained  language in correspondence, avoiding scurrilous attack in pleadings, and using intemperate language during arguments in court.


5 ) An advocate shall appear in court at all times only in the prescribed dress, and his appearance shall always be presentable .


6) An advocate shall not enter appearance, act,plead or practice in any way before the court, tribunal or authority mention in Section 30 of the Act, if the sole or any member thereof is related to the Advocate as father, mother, grandfather, son, grandson, daughter, sister , father in law, mother in law , son in law, brother in law , daughter in law or sister in law.
For the purposes of this rule, court shall  mean a court bench or tribunal in which above mentioned relation of an advocate is a Judge , member of the preseding officer.


7)  An advocate shall not band or gown in public places other than in courts except on such ceremonial occasions and as such places as the bar council of India or the court may prescribe.


8) An advocate shall not  appear in or before any court or tribunal or any other authority for or against an organisation or  an Institution, society or Corporation, if he is a member of the executive committee of such organisation or institution or society or Corporation,"  executive committee " ,by whatever name it may be called shall include any committee or body of persons which, for the time being is vested with the general management of the affairs of the organisation or institution, society or Corporation :  provided that this rule shall not apply to such a member appearing as amicus Curie or without a free on behalf of a bar council, incorporated law Society or a bar association.


9) An Advocate should not act or plead in any matter in which he himself is pecuniarily interested.


10) An advocate shall not stand as a surety, or certify  the soundness of a surety for his client required for the purpose of any legal proceedings.


11)  An advocate should have sense of humour and pleasing manners in his argument.


12) An advocate should be straight forward and his argument should be pointed, clear precious and concise


13) An Advocate must be tactful in presenting  the matters.


14) An Advocate should not mislead Court.


15) An advocate shall not criticize the Judiciary with malice

0 comments:

Post a Comment

See Also..