Study Material

9 Semester-2018-23 Batch
Xavier School of Law
By Dr. Zahid Parwez

RULES ON THE PROFESSIONAL

STANDARDS FOR
ADVOCATES

Law: Rules on the

professional standards that an advocate needs to maintain arc
mentioned in Chapter II, Part VI of the Bar
Council of India Rules. These rules
have been placed there under
section 49(1 (c) of the Advocates Act, 1961.

The Bar Council of India

Rules, as revised, have been published in the Gazette of
India on 6th September, 1975 in Part III,
Section 4 (pages 1671 to 1697)and
subsequently amended from time to time(updated upto 2009)
Reasons: The legal profession is an honorable one and it has critical role to
play in protecting
and promoting the Civil and Constitutional rights of the people. An independent and fearless Bar
is vital and crucial for sustaining and promoting a true and healthy democracy. The Bar which is
subject to manipulation and influence from extraneous powers, howsoever mighty and esteemed
they may be, cannot do justice either to the Legal Profession or to the Rule of Law. Bench and
Bar are the two wheels of a chariot and one cannot function without the other

1. Act in a dignified manner

During the presentationof 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
a right and duty to submit his grievance to proper authorities.
has

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
community.
survival of a free

3. Not communicate in private

 with regard to any matter pendinp
in privalc to a judge
should not communicale
An advocate influence the decision of a court in
An advocate should not
or any other judge.
hefore the judge means such as coercion.
bribe ctc.
or improper
any matler
using illegal

towards the opposition

4. Refuse to
act in an illegal manner

towards the opposing counsel

manner
illegal or inproper
should refuse to act in
an
An advocate and prevent his client from
He shal also use his best efforts to restrain
or the opposing parties. use untair practices
in any mater towards
the judiciary.
manner or
improper
acting in any illegal., parties.
or the opposing
opposing counsel

clients who insist on

unfair means

5. Refuse to represent
insists on using unfair or improper
means.
client who
refuse to represent any shall not blindly follow
the
An advocate shall in such matters. He
excise his own judgment and
An advocate shall his language in correspondence
client. He shall be dignified in use of
the
instructions of the
the reputation of parties
on

in court. He shall not scandalously damage in

during arguments language during arguments
He shall not use unparliamentary
false grounds during pleadings.
the court.

dress code
6. Appear in proper
under the Bar
in the dress prescribed
advocate should appear in court at all times only
An be presentable.
Council of India Rules and
his appearance should always

relations
7. Refuse to appear in front of
before a judicial
act, plead or practice in any way
An advocate should not enter appearance, as father, grandfather,
the bench is related to the advocate
authority if the sole or any member of sister, aunt,
first cousin, husband, wife, mother, daughter,
son, grandson, uncle, brother, nephew, or sister-in-law.
brother-in-law daughter-in-law
niece, father-in-law, mother-in-law, son-in-law,

8. Not to wear bands or gowns in public places

in courts, except on
An advocate should not wear gowns in public places other than
bands or
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

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ding
An advocate should not appear in or heforeny judicial authority. for or against any
not
establishment if he is member of the management of the establishment. This rule does
a
the Bar Counci..
appiy to a member appearing as "amicus curiac" or without a fee on behalf of
ncorpor:ated I aw Society or a Bar Association.

10. Not appear in matters of pecuniary interest

For
has financial interests.
An advocate should not act or plead in any matter in which he He
creditor of the bankrupt.
instance.he should not act in a bankruptcy petition when he is also a
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 procecedings.

TOWARDS
RULES ON AN ADVOCATE'S DUTY
THE CLIENT
1. Bound to accept briefs

before any other authority

tribunals or
An advocate is bound to accept any brief in the courts or
the fees
before which he proposes to practise. He should levy fees which is at par with
in or
case. Special
at the Bar and the nature of the
collected by fellow advocates of his standing
brief.
circumstances mayjustify his refusal to accept particular
a

2. Not withdraw from service

withdraw from serving a client once he has agreed

to serve
An advocate should not ordinarily reasonable and sufficient
has a sufficient cause and by giving
them. He can withdraw only if he that has not accrued to
withdrawal, he shall refund such part of the fee
notice to the client. Upon
the client.

he himself is a witness
matters where
3. Not appear in
is a witness. If he
not accept a brief or appear
in a case in which he himself
should
An advocate
due course of events he
will be a witness, then he should not
believe that in his client's
has a reason to case without jeopardising
for the client. He should retire from the
continue to appear
interests.

disclosure to client
4. Full and frank

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An advocate should. at the commencement of his cngagement and during the continuan
nce
thereof. make all such full and firank 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 cient 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 accused. An advocate should always remember that his loyalty is to
the law, which requires that no man should be punished withoul 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 party to stir up

a 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
propertyy
received after the success of the matter

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

A
n instruments. Which are. for thc time being, by law or custom, negotiable or to any mercantile
document of tile to goods.

12. Not bid or purchase property arising of legal proceeding

name or in any
An advocate should not by any mcans bid for, or purchase, cither in his own
sold in any
other name. for his own benefit or for the benefit of any other person, any property
However, it does not
in any way professionally engaged.
in which he was
iegal proceeding on behalf of
the
for or purchasing for his client any property
prevent an advocate from bidding
in this behalf.
client the Advocate is expressly authorised in writing
provided

13. Not bid or transfer property arising of legal proceeding

court auction or way of sale, gift,

acquire by
means bid in
An advocate should not by any other name for his
own
own name or in any
or any other mode of
transfer (either in his
exchange the subject matter of any
property which is
benefit or for the benefit of any other person), any engaged.
or other proceedings
in which he is in any way professionally
suit, appeal

liability
14. Not adjust fees against personal
client against his own personal
liability
should not adjust fee payable to him by his
An advocate as an advocate.
in the c o u r s e of his employment
does not arise
to the client. which
confidence
takes advantage of the
should not misuse or
15. An advocate
client.
reposedin him by his

accounts
16. Keep proper
entrusted to him. The accounts

accounts of the clients' money should show

should always keep behalf. The account
An advocate from the client or on his of fees with
amounts received
should show the the deductions made on account
incurred for him and
along with the expenses
particulars.
dates and all other
necessary
respective

accounts
money
from
17. Divert
him from the client
monies received by
whether
any
accounts He shall not
should mentíon
in his proceeding or opinion.
advocate of any
An during the instruction from the
course

or expenses without written

account of fees as fees
are on received for expenses
amounts
divert any part of the
client
 amounts
on
Intimate the cient
18.
client, the
advocate must withou
him on behalf ol his
given to
amount is received or
Where any receipt.
fact of such
intimate the client of the
any delay

after termination
of proceedings
19. Adjust fees
the fees due to him
to adjust
of proceedings. be
at liberty
after the termination the client or
An advocate shall account can be
the amount paid by
balance in the fees and
from the account of the
client. The
amount left afier
the deduction of the
has come in that proceeding.
Any
an amount that
returned to the client.
expenses from
the account must be

accounts
20. Provide copy of
account maintained by him on
of the client's
must provide the client with the copy
An advocate
that the necessary charge is paid.
copying
demand. provided

whereby funds in his hands

enter into arrangements
21. An advocate shall not
a r e converted into
loans.

client
22. Not lend money to his

to his client for the purpose

of any action or legal proceedings
An advocate shall not lend money held guilty for a breach of this
such client. An advocate cannot be
in which he is engaged by with the client
pending suit or proceeding, and without any arrangement
rule, if in the course of a rule of the Court to make a
advocate feels compelled by reason of the
in respect of the same, the
to the Court on account
of the client for the progress of the suit or proceeding.
payment

23. Not appear for opposite parties

in connection with the institution of a suit, appeal or other

An advocate who has advised party
a

has drawn pleadings, or acted for a party, shall not act, appear or plead for the opposite
matter or
same matter.
party in the

TO OPPONENTs
RULES ON ADVOCATE'S DUTY

1. Not to negotiate directly with opposing party

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An advcale shall not in
ny way communicate or negotiate or call for seltlement
subject matter of controversy with any party represented upon he
by an advocate cxcept through
advocate representing the partics.
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

advertise in any He shall not promote himself by

manner.
An advocate shall not solicit work or
than through
communications, interviews other
Circulars. advertisements, touts, personal to
comments or producing his photographs
personal relations, furnishing or inspiring newspaper concerned.
in which he has been engaged
or
be published in connection with cases

2. Sign-board and Name-plate

or name-
reasonable size. The sign-board
An advocate's sign-board
or name-plate should be of a Member of a Bar
ishas been President or
should not indicate that he
or
plate or stationery or organisation or
Association or that he has
been associated with any person
Council or of any work or that he
or that he specialises in any particular type of
or matter
with any particular cause
Advocate General
has been a Judge or an

unauthorized practice of law

3. Not promote
or
his name to be used for promoting
services or
not permit his professional
An advocate shall
unauthorised practice
of law.
starting any
which can be taxed
a fee less than the fee,
advocate shall not accept
4. An is able to pay
more.

when the client

under rules

advocate to appear
Consent of fellow
5.
has filed a vakalt
or memo
another advocate
matter where advocate for
in any of the other
advocate should not appear can take the
consent

An advocate
However, the
for the same party.

appearin8
In case. an advocate is
not able to present the consent of the advocate who has filed the
matter
forthe 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.