It is the duty of an Advocate that he should be fair to his opponent.  He should give due importance to his opponent. He should not mislead by concealing or withholding facts to his opponent.  The advocate must not forget that he is not fighting the battle of his client but he is also assisting the court in the administration of justice.

      Section III of Bar Council of India rules provide for the duties of an advocate to the opponent party.

According to Rule 34 - 

                   An advocate shall not in any way communicate or negotiate upon the subject matter of Controversy with any party represented by an Advocate except through that advocate.

  Rule 35 -

                   Provides, 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.

        Above two obligations of an advocate enhance his image in the eye of his opponent advocate.

             According to Sir P.S. Siva swami Aiyer, "There is one thing which leading lawyers should remember, and that is a victory own by foul play is not worthy. If you gave your opponent counsel a full and fair chance of making himself heard, and then you beat him, you are entitled to credit. But if you do anything by word or by deed, or by suggestion or otherwise, to interfere with fair hearing which your opponent Counsel might otherwise obtain, the victory which you may win is tainted and is not worth having. No self-respecting man ought to care for it."

     To sum up, the Advocate's duty towards his opponent rests on the pattern of equality and fairness in dealing  

Relevant Case law: 

 Chandrasekhar Soni Vs. Bar Council of Rajasthan & others AIR 1934 Outh 58 

In this case, The Supreme Court held that an advocate may change side if express consent is given by all concerned after a full disclosure of facts. But it is not in accordance with professional etiquette for an advocate while retaining the brief of one party to accept the brief of another party.


See also :


1. 10 Qualities of Successful Advocate 


2. Duties of an advocate towards the court 


3. Duties of an Advocate towards a client 


4. Professional Misconduct

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