Advocate is an officer of justice and friend of the Court: The cardinal principle which determines the privileges and responsibilities of advocate in relation to the court is that he is an officer to justice and friend of the court. Rules of An Advocate’s Duty Towards The Court. To maintain towards the court a respectful attitude. Rules on an Advocate's duty towards the court. Duties of Advocates toward their Clients | Every Lawyer should watch this video | Lex Rex Series - Duration: 3:16. This article is for public awareness, to make them know of their legal rights. Section I—Duty to the Court 1. 17. He has to keep in mind the dignity of the judge. June 16, 2020 December 18, 2020 Editorial Team Leave a Comment on BLOG- Duties of an advocate towards the Court. An Advocate shall not influence the decision of a Court by an illegal or improper means. It is the duty of the advocate that he should not charge arbitrary fees from his/her clients, that means he should tack reasonable fees from his client. The Advocate's "Common Law" Duty to the Court. Advocates have a large responsibility towards the society. Duties of advocates towards clients: Pleasing faithfully: Advocate being the representative of the client have the duty to plead faithfully. To act in a dignified manner before the court. To appear in proper dress code. Rule 4. Private communications with a judge relating to a pending case are forbidden. Duties towards the court. Amid the introduction of his case and furthermore while acting under the steady gaze of a court, a promoter should act in a honorable way. Act in a dignified manner (before a clearly corrupt judge). This is the primary position. 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. 31) An advocate's duty is as important as that of a Judge. 4. Not to appear in matters of pecuniary interest. He should at all times conduct himself with self-respect. To defend human rights, rule of law, and democracy by being in front-line to criticize all acts against human rights and democracy. Advocate duties towards his client. Rules on Advocates Duty towards Court: The Bar Council of India has made certain rules so as to prescribe duties of an advocate towards the court. Refuse to appear in front of relations. 1.2. To give relevant advice and constructive ideas towards improving his profession. Duties of an Advocate towards his Client in India Advocate has fiduciary relationship with his client. An advocate shall, during the presentation of his case and while otherwise acting before a Court, conduct himself with dignity and self-respect. An advocate should not disclose in private to a judge with regard to any matter pending before the judge or any other judge. He has to serve the interest of his client by protecting him in the litigation to the best of this capacity and ability in the court of law. B ound to accept briefs. Thus not just morally, there are many legal duties of an advocate towards client. 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. An advocate should on all occasions show respect towards the court. He is not only an agent for his client rather something more than that. - Towards the advocate profession in general and each of fellow members, in particular; - Towards public, for which the presence of free and independent profession, combined with the respect towards the rules concerning that profession, is an important means to protect human rights for the benefit of the RA might and other interests of the society. Duties Of An Advocate Towards a Client are-1. Advocate Duty to General Public. He must also defend a person accused of a crime, regardless of his personal opinion as to the guilt of the accused and must not abuse or take advantage of the confidence reposed in him by the client. 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. and more difference than the past. An advocate should always show respect towards the court. A client's relationship with his/her advocate is underlined by utmost trust. An advocate should ensure that the interests of the client are not in any manner hurt by his act or omissions. Duty of care to client. Although the advocate is under a fundamental duty to give of his best for the client’s interest, the advocate must be mindful of his other legal duties which may conflict with client’s interest. As an officer of the court one is also expected to assist the court to arrive at a fair and just decision. BLOG/ NEWS Career Advice Others. The advocate is supposed to be courteous towards the court, other advocates, witnesses, and parties to the suit. BLOG- Duties of an advocate towards the Court. RULES ON AN ADVOCATE’S DUTY TOWARDS THE CLIENT. To maintain a respectful attitude towards the courts and legal system, bearing in mind that the dignity of the judicial office is essential for the survival of a free community. Advocate & Client : Section II of the Bar Council of India Rules, 1975 (for short, “the BCI Rules”), in Part VI, Chapter II provides for duties of an advocate towards his client. An advocate has to keep in mind that the dignity and respect maintained towards judicial office is essential for the survival of a free community. Not communicate in private. An advocate shall, during the presentation of his case and while otherwise acting before a court, conduct himself with dignity and self-respect. Act in a dignified manner. Section I – Duty to the Court. An advocate is expected to act with utmost sincerity and respect. He should at all times conduct himself with self-respect. Not communicate in private (with spouses). In Giannarelli's case Mason CJ explained that: The performance by counsel of his paramount duty to the court will require him to act in a variety of ways to the possible disadvantage of his client. Act in a dignified manner . Rule 3. To provide legal aid to those who cannot afford to pay for legal service. 6. 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. Advocate’s Duty Towards The Court 2. 1. An Advocate shall not discuss case or appeal, should not divert or solicit work by advertisement. He ought to consistently maintain dignity. act with competence, honesty, and courtesy towards other solicitors, parties and witnesses. 2. The fourth duty of an Advocate towards the profession is that he shall not speak ill of the profession but shall conduct himself in a such a way as to enhance regard, respect sympathy and strive to maintain the honour and dignity of the profession. Rules 15 and 19 of the BCI Rules, has relevance to the subject matter and therefore, they are extracted below: Rule 15. Rules & Duty Of An Advocate Towards The Client Advocates, in addition to being professionals, are also officers of the courts and play a vital role in the administration of justice. An Advocate’s duty towards the Court. 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. 1. Not to influence the decision of a Court by any illegal or improper means. Act in a dignified manner: During the presentation the case and while acting otherwise as an advocate before the court is required to conduct himself with dignity and self respect. Act in a dignified manner. By Tanuj Kalia – A Lawyer’s Duty Towards The Court – 1. Â An advocate should not, by any improper means should influence the decision given by the court. Not to wear bands or gowns in public places. 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. Advocate’s Duty Towards The Client 3. 3. Such duties may be explained as follow: i. Due to his position as officer of the court the advocate is under the following duties: a) DUTY OF FAIRNESS. 2. To conduct himself with dignity and self-respect and to not be servile. 1. An Advocate has to maintain certain standards of professional conduct and etiquette in Courts. An advocate has a duty towards his client, the court, his opponent and himself. Refuse to act in an illegal manner towards the … During the presentation of his case and also while acting before a court, an advocate should act in a dignified manner. This long but important post tells you about: 1. A advocate is bound to accept any brief in the courts or tribunals or in any other authority or before which he proposes to practice. Advocate's Duty Towards the Court RULES ON AN ADVOCATE’S DUTY TOWARDS THE COURT. Respect the court (because that’s your livelihood). 3. Here in this article we will discuss the various duties of an advocate towards a client. Duties in CourtSome of the duties an advocate has in Court Advocate and Court: Duty towards Court. Refrain from insulting the witness Supreme Court rules “Attorney has an obligation and may not refuse to act for a client” The Role of a Lawyer & Professional Ethics Changing role of the lawyers Duties of a lawyer Nowadays the legal profession becomes larger Towards the Court. Following Are The Duties Of Advocate Towards To Court: An advocate while presenting his case should conduct himself with dignity and self respect Â Respectful attitude must be maintained by the advocate. 1. Advocates Immunity and the Duty to the Court> The doctrine of advocate’s immunity provides an advocate (whether that be a solicitor or a barrister) with immunity for any claims that may be brought arising out of the advocate’s conduct of litigation. During the presentation of his case and also while acting before a court, an advocate should act in a dignified manner.