JAMIA MILLIA ISLAMIA

FACULTY OF LAW

CLINICAL COURSE-III

TOPIC:

DUTIES OF ADVOCATE
TOWARDS PUBLIC AND STATE

Submitted by:
SHANTANU AGNIHOTRI
Roll No. 55
Student ID: 201903738
B.A. LL.B. 9th Semester (Regular)

Submitted to:
DR. (PROF.) MOHD. ASAD MALIK
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 TABLE OF CONTENTS

INTRODUCTION ......................................................................................................................4

WHO IS AN ADVOCATE?........................................................................................................8

CONDUCTS/ DUTIES OF AN ADVOCATE.............................................................................9

RIGHTS OF AN ADVOACTE………………………………………………………………….10

DUTIES TOWARDS THE PUBLIC ......................................................................................... 12

A. Access to Justice ............................................................................................................ 12

B. Legal Education and Awareness ..................................................................................... 13

C. Pro Bono Work .............................................................................................................. 13

D. Public Interest Litigation (PIL) ...................................................................................... 14

E. Ethical Conduct.............................................................................................................. 15

F. Mediation and Alternative Dispute Resolution (ADR) .................................................... 16

DUTIES TOWARDS THE STATE .......................................................................................... 18

A. Upholding the Rule of Law ............................................................................................ 18

B. Assisting in Legislation .................................................................................................. 18

C. Defending Constitutional Rights .................................................................................... 19

D. Assistance in Criminal Prosecution ................................................................................ 20

E. Civic Responsibility ....................................................................................................... 21

BIBLIOGRAPHY ..................................................................................................................... 28

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 ACKNOWLEDGEMENT

It gives me immense pleasure and sense of gratitude to acknowledge my indebtness to my

Hon'ble teacher and Research supervisor Dr. (Prof.) Mohd. Asad Malik Faculty of Law,

Jamia Millia Islamia. It is due to unreserved guidance and sparing of time for me by

respected teacher that I am able to complete this work. His sympathetic attitude, scholarly

guidance and keen interest in the work have inspired me at every stage of my efforts with

equal sincere feeling.

I am thankful to my parents and my family members who shared with me their precious

time and encouraged me to complete this work.

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 INTRODUCTION

“Lawyers have their duties as citizens, but they also have special duties as lawyers. Their
obligations go far deeper than earning a living as specialists in corporation or tax law. They have
a continuing responsibility to uphold the fundamental principles of justice from which the law
cannot depart.”
-Robert Kennedy

The profession of advocacy had its seed in Europe as well as in the east. Since 12th century, this
profession came into existence in England, in the reign of Henry – II. In 1883 bar committee
representing the barristers was set up in England for the first time. Before it was known
as Benchers. Supreme Court of Calcutta was established and allowed legal practicing according
to the Regulating Act, 1773.

Later in the year of 1793 the Bengal Regulation Act, 1793 was formed and the main objective of
which was to regularise and to control both recruitment and conduct of legal practitioners in the
company's courts. In those days, there were different kinds of legal practitioners i.e., Barristers,
Mukhtars, Vakils etc. After 1850, the education in the graduation level was started, Act of 1853
stopped recruitment of pleaders, mukhtars who did not possess graduation, as the number of
graduates was sufficient.

Thereafter, “The Legal Practitioners Act, 1879” was enacted, which enlarged the rights of
advocates, vakils and attorneys of High Courts. In 1923, the British government appointed an
Indian Bar Committee. This committee has made several recommendations for the establishment
of Indian bar and to remove several defects in legal professions. 1

1
Adi Pherozshah Gandhi vs H. M. Seervai, Advocate-General (1971 AIR 385)

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As a result of the recommendations of Indian Bar Committee, the new act named The Bar
Councils Act, 1926 has been passed. But it adopted only some of the recommendations of the
committee. It did not establish an all India Bar Council. It did not extend to entire India. In the
same year another act names “The Legal Practitioners Act, 1879” was passed regulating the
rights and liabilities of legal practitioners. But yet again this act also had flaws.

After Independence, the Indian Government appointed “All India Bar Committee” in the year
of 1953. This committee has observed various suggestions and after thorough examination it has
made some recommendations to the Government of India. As a result of the report submitted
by “All India Bar Committee” Parliament has passed “The Advocates Act, 1961”. Now
Professional ethics is governed by “The Advocates Act, 1961” and “Bar Council of India”.

The Act provides for the constitution of Bar Councils and All India Bar for regularization of
legal profession, whereas Bar Council of India is an autonomous and independent body. It is a
legal person and body corporate. It shall have perpetual succession and a common seal with
power to acquire and hold property, both movable and immovable and to contract, and may by
the name by which it is known, sue and be sued. Section 7 of the Advocate's Act, 1961 states the
functions of Bar Council of India. The first and foremost function is that it has to lay down the
professional conduct and etiquette for advocates throughout India.

OBJECTIVE OF THE STUDY:

The objective of studying the "Duties of Advocates towards Public and State" is to
comprehensively understand the multifaceted role of advocates in society. This exploration aims
to elucidate the ethical, legal, and societal responsibilities advocates bear towards individual
clients, the broader public, and the state. By examining their duties in ensuring equal access to
justice, upholding constitutional rights, engaging in public interest litigation, and contributing to
the rule of law, the study seeks to underscore the pivotal role advocates play in fostering a just
legal system and contributing to the overall welfare of the community and the state.

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RESEARCH METHODOLOGY:

The research methodology involves a comprehensive literature review, legal analysis of relevant
statutes and case law, and interviews or surveys with legal professionals. Primary and secondary
sources will be utilized to gather insights into ethical standards, pro bono practices, public
interest litigation, and the role of advocates in upholding the rule of law. The study aims to
provide a nuanced understanding of advocates' obligations towards the public and state,
employing a qualitative approach to explore the practical applications of these duties within the
legal profession.

KEY TAKEAWAYS:

 In India, the law that governs advocates is the Advocates Act, 1961.
 An advocate has the ‘right to practice’ guaranteed by Article 19(1)(g) of the Indian
Constitution and Section 30 of the Advocates Act.
 An advocate also has many other rights such as the right to pre-audience, fee, meet client
in jail, enter any court, not get arrested etc.
 Advocates have several duties towards both Public and State.
 Equal Access to Justice: Provide legal aid for the underprivileged, ensuring equal
access to justice.
 Legal Education: Conduct workshops, seminars, and outreach to enhance public
legal awareness.
 Pro Bono Services: Offer free legal assistance to those in need, promoting equal
justice.
 Public Interest Litigation (PIL): Engage in PIL cases to address broader societal
issues and protect public interests.
 Ethical Conduct: Uphold professional ethics, ensuring confidentiality and avoiding
conflicts of interest.

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 Mediation and ADR: Promote alternative dispute resolution, reducing the burden
on the court system.
 Upholding Rule of Law: Maintain legal order, ensuring fair and transparent legal
processes.
 Legislative Contribution: Assist in lawmaking, providing expertise for clear and
just legislation.
 Defending Constitutional Rights: Challenge unconstitutional laws, safeguarding
individual rights.
 Civic Responsibility: Engage in civic activities, contributing to the well-being of
society.

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 WHO IS AN ADVOCATE?

An Advocate is a professional or an expert in the field of law. The law governing Advocates is
the Advocates Act, 1961 which was introduced by the Ashok Kumar Sen, the then Law
Minister of India. The Advocates Act, 1961 is a law passed by the Parliament and is controlled
and implemented by the Bar Council of India. The Bar Council of India is the chief
administrative body to manage the whole system and consistency of law in India.

In India, each State has its own Bar Council whose role is to register the Advocates willing to
practice within a particular State or region. The registration of an Advocate with a State Bar
Council does not limit him to practice in that particular State or region and such an advocate is
permitted to show up in any court in India. Basically, the State Bar Councils have the role of
dividing the workload of the Bar Council of India. The State Bar Councils deal with the local
issues in smoother ways.

The requirements for being an Advocate in India are twofold. Firstly, the applicant must be a
law graduate from a registered institution in India (or from one of the four perceived Universities
in the United Kingdom). Secondly, the applicant must pass the skills enlisted in the Bar Council
of the State where the applicant wishes to enroll. 2

Advocates have the dual responsibility of upholding the interests of the client fearlessly while
conducting themselves as officers of the court. Accordingly, they are expected to adhere to the
highest standards of probity and honour.

An advocate’s conduct should reflect their privileged position in society which derives from the
nobility of this profession. In a nutshell, if you are an advocate your service to the common man
should be compassionate, moral, and lawful.

The rules mentioned in Chapter II, Part IV of the Bar Council of India Rules on standards of
professional conduct and etiquette shall be adopted as a guide for all advocates in conducting
matters related to law.

2
S.P. Gupta vs Union Of India (1982 AIR 149)

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 CONDUCTS/ DUTIES OF AN ADVOCATE

Advocacy is a noble profession. It cannot be compared with any other profession like trade,
business etc. because it is a part and parcel of judiciary and administration of justice. Bar and
bench are two eyes of the ‘Justice'. There are judicial ethics and etiquette for judges. There are
professional ethics and etiquette for advocates.3 Every advocate should follow them in his
profession. An advocate is also a key person in conducting a proceeding before the court. While
conducting a proceeding the advocate should function intelligently. There are several functions
entrusted to the advocate. There are five most important functions. They are:

 Briefing

 Counseling

 Pleadings, drafting and Conveyancing

 Examination, Cross – examination, chief examination of witness and

 Arguments.

Beside them, an advocate has to do several functions which are necessary in conducting
proceedings. While carrying out these functions an advocate must act prudently, legally and
cautiously. There are several ethics and etiquette controlling the conduct of the advocates. These
ethics and etiquette impose certain duties upon the advocates. Ethics and etiquette means ethics
are morals, a moral philosophy or moral science. It is the first stage of society. 4

Etiquette is the second stage, which formulates the rules of behaviour standard in polite society.
Humans have experienced ethics in their life. They are inherent in every religion. Along with the
civilization of humans there were Ethics. Every religion preached morals and ethics. Etiquette is
restricted to particular kind of profession. It is nothing but regularization of ethics. In simple
words ethics are bundle of habits whereas etiquette is bundle of rules of ethics. These rules have
statutory force.

3
A. BalaKameswara Rao vs Bar Council Of The State Of Andhra (2001 (6) ALD 224)
4
M/S. Bhilwara Spinners Ltd. vs Union Of India (2011 AIR 952)

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 Every advocate must follow these duties because they are part and parcel of the professional
ethics and etiquette. Whoever fails to oblige them, such an advocate is said to have committed
professional misconduct and be punished accordingly. 5

RIGHTS OF AN ADVOCATE

Following are the rights that an Advocate in India has:

Right of Practice: The expression ‘right to practice’ in terms of the legal profession refers to an
exclusive right given to advocates to practice law before courts and tribunals. The right to
practice is protected at two levels and they are as follows: 6

 General Protection: Article 19(1)(g) of the Indian Constitution protects the right of
individuals to the practice of their choice.
 Specific Protection: Section 30 of the Advocates Act, 1961 states that a person enrolled
with the State Bar Councils has the right to practice before any court or tribunal in India
which also includes the Supreme Court. The Central Government made this section
effective recently through a notification.

Right to Pre-audience: Under Section 23 of the Advocates Act an advocate has the right to be
heard first when he/she says something in the court of law. Advocates also have the right to not
be interrupted before the completion of his statement.

Exemption from arrest: S. 135 CPC guarantees all the advocates that they shall not be arrested
in civil cases except in the cases of contempt of court and criminal offences, while going to,
attending for some matter or returning from such a tribunal or court. 7

Right to enter in any court: Under section 30 of the Act, all the advocates are entitled to
practice in any court or tribunal in India. Therefore, even if they are not registered in that

5
Prabodh Verma And Others, Etc vs State Of Uttar Pradesh (1985 AIR 167)
6
Basant Kumar Choudhary vs Union Of India (2005 (1) BLJR 788)
7
Doki Adinarayana Subudhi vs Doki Surya Prakash Rao (AIR 1980 Ori 110)

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particular tribunal or court, they have the right to enter it. An advocate can enter the court and sit
on any of the seats to observe the proceedings whether he has a case or not.

Right to meet accused in Jail: An advocate can go to meet his client who is in jail as many
times as he wants and there is no bar on that. There is no restriction on the number of times they
can meet the clients.

Professional communication: Under s. 126 of the Indian Evidence Act, the communication
between a lawyer and his client comes under professional communication. Such a
communication shall not be revealed. 8

Right of fee: Under Rule 11 of Chapter 2 of part VI of Bar Council of India Rules, an advocate
has a right to take fees. This right is exercised according to his standing at the bar.

Right with respect to Vakalatnama: When a Vakalatnama gets signed in the name of the
advocate, he gets entitled to exclusively represent his client in that particular case An advocate
also has the rights to file a memorandum of appearance for an accused that he is no the lawyer
for and also assist the Public Prosecutor during a case.

Advocates bear dual responsibilities towards the public and the state. Their duty to the public
involves ensuring equal access to justice, often through pro bono work and legal education
initiatives. Advocates play a crucial role in empowering individuals, disseminating legal
knowledge, and engaging in public interest litigation to address societal issues. Additionally,
maintaining ethical standards, including client confidentiality and avoiding conflicts of interest,
builds public trust.

In service to the state, advocates contribute to upholding the rule of law by participating in
legislation, defending constitutional rights, and assisting in criminal prosecutions. They act as
guardians of constitutional principles, challenging unconstitutional laws, and ensuring fair legal
processes. Advocates also engage in civic responsibilities, promoting the well-being of society
and actively shaping legal and social norms. Striking a balance between client representation and
societal welfare, advocates play a pivotal role in fostering a just and equitable legal system.

8
Sri T N Raghupathy vs The High Court Of Karnataka (1996 AIR ORI 252)

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 DUTIES TOWARDS THE PUBLIC

A. Access to Justice

1. Importance of Equal Access

Advocates have a fundamental duty to ensure that all individuals, regardless of their socio-
economic status, have equal access to justice. This involves providing legal representation,
advice, and services to those who might otherwise be unable to afford them.

2. Legal Aid and Services for the Underprivileged

Advocates should actively engage in pro bono work and support legal aid initiatives. This
ensures that marginalized and economically disadvantaged individuals receive necessary legal
assistance, promoting fairness and equality within the legal system.

3. Initiatives to Ensure Accessible Legal Resources

Advocates can contribute to the development of initiatives that enhance the accessibility of legal
resources. This may include supporting legal clinics, participating in community outreach
programs, and collaborating with organizations to bridge the gap between legal services and the
public.

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 B. Legal Education and Awareness

1. Role in Community Legal Education

Advocates should actively engage in community legal education programs to enhance public
understanding of legal principles and rights. This involves conducting workshops, seminars, and
outreach activities to educate the public about their legal rights and responsibilities.

2. Workshops and Seminars

Organizing and participating in workshops and seminars on legal topics can empower individuals
to navigate legal processes more effectively. Advocates can contribute their expertise to educate
the public on issues such as family law, consumer rights, and criminal justice.

3. Information Dissemination for Public Understanding

Advocates should actively disseminate legal information through various mediums, including
online platforms, pamphlets, and community events. Clear communication of legal concepts and
procedures helps demystify the legal system and enables individuals to make informed decisions.

C. Pro Bono Work

1. Definition and Importance of Pro Bono Services

Pro bono work involves providing legal services free of charge to those who cannot afford them.
Advocates should consider pro bono work as a professional obligation, contributing to the
principle that access to justice is a right for all, not a privilege for the few.

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2. Examples of Pro Bono Cases

Advocates can take on pro bono cases involving issues such as asylum, domestic violence, and
discrimination. By offering their expertise in these cases, advocates contribute to the resolution
of societal problems and the promotion of justice for vulnerable populations.

3. Promoting Equal Justice

Through pro bono work, advocates actively participate in promoting equal justice. This
commitment to serving the public interest ensures that legal representation is not limited to those
with financial means, fostering a legal system that is inclusive and equitable.

In Wasim Ahmad v. Goverment Of Nct Of Delhi 9, The Delhi High Court discussed the
importance of pro bono service in ensuring access to justice. The court highlighted that providing
legal services to the indigent and those who cannot afford representation is a professional
responsibility.

D. Public Interest Litigation (PIL)

1. Definition and Purpose of PIL

Public Interest Litigation involves legal action initiated in the public interest, often to address
broader societal issues. Advocates have a duty to identify and engage in PIL cases that can lead
to positive social change and the protection of fundamental rights.

9
2023 LiveLaw (Del) 804

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2. Advocating for Societal Causes

Advocates can use their legal expertise to champion causes that have a significant impact on the
public. This may include environmental issues, human rights violations, or challenges to
discriminatory laws. PIL allows advocates to be instrumental in shaping legal precedents that
benefit society at large.10

3. Impact on Legal System and Social Change

Through PIL, advocates contribute to the evolution of legal principles and precedents. Successful
PIL cases can result in changes to legislation, policy reform, and the advancement of social
justice. Advocates thus play a vital role in shaping a legal system that is responsive to the needs
of the public.

E. Ethical Conduct

1. Adherence to Professional Ethics

Advocates are bound by a code of professional ethics that governs their conduct. Upholding
these ethical standards is essential for maintaining public trust and confidence in the legal
profession. Advocates must demonstrate integrity, honesty, and a commitment to the principles
of justice.

2. Confidentiality and Trust

Maintaining client confidentiality is a cornerstone of the advocate-client relationship. Advocates

must ensure that client information is kept confidential, fostering an environment of trust that
enables clients to disclose information without fear of repercussion. 11

10
S.P. Gupta v. President of India (1981)
11
Dr. Rega Surya Rao, Lectures on Professional Ethics and Accountancy for lawyers and Bench – Bar Relations,
Asia Law House; First Edition (1 January 2020)

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In Harish S/o Suganchand Chordia v. Bar Council of Maharashtra and Goa (2003) 12

The High Court held that an advocate's duty of confidentiality is crucial and should not be
breached. The case emphasized that the client has the right to communicate freely with their
advocate without fear of disclosure.

3. Avoiding Conflicts of Interest

Advocates have a duty to identify and avoid conflicts of interest that may compromise their
ability to represent clients objectively. This includes situations where personal or financial
interests could conflict with the best interests of the client.

In Chandra Shashi v. Anil Kumar Verma (1995), The Delhi High Court in this case discussed
the duty of advocates to avoid conflicts of interest. The court emphasized that advocates should
not place themselves in a position where their duty to one client may conflict with their duty to
another client.13

F. Mediation and Alternative Dispute Resolution (ADR)

1. Advantages of ADR

Advocates should actively promote the use of alternative dispute resolution methods, such as
mediation. ADR offers a more collaborative and less adversarial approach to dispute resolution,
often resulting in quicker and more cost-effective outcomes.

12
Writ Petition (civil) 132 of 1988
13
1995 SCC (1) 421

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2. Role of Advocates in Promoting Mediation

Advocates can serve as mediators or actively encourage their clients to engage in mediation. By
fostering a culture of dispute resolution through mediation, advocates contribute to reducing the
burden on the court system and facilitating more amicable resolutions.

3. Reducing Burden on the Court System

The legal system is often burdened with a high volume of cases. Advocates can contribute to the
efficiency of the system by actively supporting ADR processes, thereby freeing up court
resources for cases that truly require judicial intervention. 14

14
Dr. Rega Surya Rao, Lectures on Professional Ethics and Accountancy for lawyers and Bench – Bar Relations,
Asia Law House; First Edition (1 January 2020)

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 DUTIES TOWARDS THE STATE

A. Upholding the Rule of Law

1. Role in Maintaining Legal Order

Advocates are key participants in maintaining the rule of law, which is essential for a stable and
just society. They play a vital role in upholding legal norms, ensuring that individuals and
entities are held accountable for their actions within the confines of the law.

2. Ensuring Fair Legal Processes

Advocates must strive to ensure that legal processes are fair, transparent, and conducted in
accordance with established rules and procedures. This involves both prosecution and defense
attorneys working diligently to present their cases within the bounds of legal ethics.

3. Legal Profession as a Guardian of the Rule of Law

The legal profession serves as a guardian of the rule of law. Advocates, as officers of the court,
have a responsibility to act in a manner that upholds the principles of justice and ensures that the
legal system remains a pillar of societal order.

B. Assisting in Legislation

1. Advocates' Contribution to Lawmaking

Advocates can actively contribute to the legislative process by providing their legal expertise to
lawmakers. This involvement ensures that legislation is well-crafted, aligned with constitutional
principles, and addresses the evolving needs of society.

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2. Expertise in Legal Drafting

Advocates possess valuable skills in legal drafting, enabling them to contribute to the
formulation of clear and effective legislation. Their ability to anticipate potential legal issues and
articulate precise legal language is instrumental in the development of sound laws.

3. Ensuring Legislation Aligns with Legal Principles

Advocates must advocate for legislation that aligns with fundamental legal principles, such as
equality, justice, and human rights. They play a crucial role in preventing the passage of laws
that may be unconstitutional or contrary to the principles of a just society.

C. Defending Constitutional Rights

1. Advocates as Protectors of Constitutional Principles

Advocates have a duty to protect and defend constitutional rights. This involves challenging laws
or actions that infringe upon constitutional guarantees, ensuring that individuals are not deprived
of their fundamental rights without due process of law.

2. Challenging Unconstitutional Laws

When faced with laws that violate constitutional principles, advocates must use legal
mechanisms to challenge their constitutionality. This may involve filing lawsuits, engaging in
legal advocacy, and presenting cases before the judiciary to seek redress.

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3. Safeguarding Individual Rights

Advocates act as guardians of individual rights by actively litigating cases that involve
constitutional issues. By doing so, they contribute to the development of constitutional
jurisprudence and the protection of rights that form the bedrock of a democratic society.

D. Assistance in Criminal Prosecution

1. Role of Advocates as Prosecutors

Advocates engaged in prosecuting criminal cases play a critical role in the administration of
justice. They represent the state in seeking accountability for criminal offenses, ensuring that
those who violate the law are held responsible for their actions.

2. Ensuring Fair and Just Criminal Proceedings

Prosecuting advocates must adhere to the principles of fairness and justice, ensuring that
defendants receive a fair trial and that the prosecution's case is built on solid evidence and legal
principles. This commitment to justice is essential for maintaining public trust in the legal
system.

3. Advocates' Contribution to Criminal Justice

Advocates on both sides of criminal cases contribute to the functioning of the criminal justice
system. Defense advocates ensure that defendants receive a fair trial and are afforded their
constitutional rights, while prosecuting advocates seek to uphold the public interest and protect
society from criminal behavior.

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 E. Civic Responsibility

1. Advocates' Role in Civic Engagement

Advocates have a civic responsibility to actively engage with the community. This involves
participating in civic organizations, community events, and initiatives that promote legal
education, awareness, and access to justice.

2. Contributing to the Well-being of Society

Beyond their professional duties, advocates should actively contribute to the well-being of
society. This may involve volunteering, supporting charitable causes, and using their legal
expertise to address societal issues that extend beyond the courtroom.

3. Responsibility in Shaping Legal and Social Norms

Advocates, through their actions and advocacy, contribute to shaping legal and social norms. By
promoting fairness, justice, and equality, they influence the development of societal values and
contribute to the evolution of a just and inclusive community. 15

15
Dr. Rega Surya Rao, Lectures on Professional Ethics and Accountancy for lawyers and Bench – Bar Relations,
Asia Law House; First Edition (1 January 2020)

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 ADVOCATE’S DUTY TO THE CLIENT

Chapter – II of Part IV of Bar Council of India Rules (Rule 11 to 33) provides the provisions
relating to advocate's duty to client. Advocate's profession is a noble and honorable profession in
the society. It is a public service. But at the same time it should be kept in mind that it is not a
bed of roses especially for the new entrants. An advocate has several duties to his clients. The
clients generally prefer an advocate who is hard working.

They mostly trust on the workmanship of the advocate, whom they can easily reach and explain
their difficulties. Most of the clients prefer an advocate who dedicates his entire time to the
clients and especially who is polite with the clients. The duty- consciousness lawyer, once his
engagement is final, sticks to the preparation of that case in facts and laws with such tenacity that
he leaves no efforts from his side to win the case of his clients on merits by all legal means. 16

It is the duty of the lawyer to take up the particular file and has to start making preparation even
if the client is present or not. Such preparation of the file has to take place with the views that are
already shared by his clients. The duty of the advocate is to never shrikes from devoting time,
not only in the interest of his client, but also to satisfy his own duty- conscious nature which
singles him out from his profession. The relationship between the advocate and client is of two
types. They are:

1. Contractual Relationship: It basically arises and ends only till the period of contract
exist. In India, the relationship between the advocate and his client arises primarily from
contractual obligations. A client chooses an advocate for his case depending upon his
professional success, with strong desire that he is the fit person to defend his cause. After
hearing the cause, the advocate decides whether to take the case or not. If he wants to
take up the case, he will offer the client with certain amount of fee. 17

16
Bar CouncllOf Maharashtra vs M. V. Dabholkar (1975 AIR 2092)
17
Mr. Lokesh Dhawan vs Union Of India (2004 IAD Delhi 165)

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 If the client agrees to pay the sum, the advocate takes up the case. Thus a matter of
contract shall be reached between an advocate and a client. If a client fails to pay the
remuneration, the advocate can sue him or has a right of lien on the documents of his
client.

In Kothi Jairam vs Vishwanath, the Supreme Court has held that an agreement made by
his client to pay his lawyer according to the result of the case is against public policy. The
Supreme Court observes that it is professional misconduct for an advocate to stipulate for
or agree with his client to accept as his fee or remuneration as share of the property sued
or other matter in litigation upon the successful issue thereof. In England, a lawyer cannot
sue for his fee. If a lawyer behaves negligently, he can be sued for his negligence, in
India whereas in England, he cannot be sued.

2. Fiduciary Relationship: Fiduciary relationship is the relationship which never ends. If a

client approaches the advocate and discloses the confidential information of his life then
this kind of information comes under fiduciary relationship which the advocate has to
keep it as a secret and not disclose it all his life.

An advocate shall not change the parties. Rule 33 of the bar council of India rules
provides for the same. It is also professional ethics. For example, if there are two rival
parties A and B. A approaches X- an advocate, and seeks his advice after explaining all
the facts of the case, weaknesses and strengths. After obtaining opinion, A gives his case
to Z – another advocate. If B approaches X asking him to defend on his behalf, it is
professional ethics of X to refuse the brief of B, being fully informed about case by A.

It is the duty of the advocate to give proper advice to his client. Rule 32 of the bar council
of India provides that an advocate is not supposed to lend his money to his client for any
kind of legal proceedings. But there is an explanation which says that and advocate
cannot be pronounced as guilty if he does something that breaches the above said rule. It
is more like an exception but given as explanation.

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P.D. Gupta v. Ram Murti18

The Apex Court held that buying the disputed property of the client is professional misconduct

Smt. Jamila Khatoon v State of Bihar19

Obtaining the signature by the advocate on blank vakalatnama and blank watermarked papers to
swindle the client’s interest amounts to professional misconduct.

In the case of R. Shaji v. State of Kerala (2001)20, the Supreme Court of India emphasized the
importance of maintaining client confidentiality and held that an advocate cannot disclose the
communications made to him by the client.

18
(AIR 1998 S.C 283)
19
2002 (2) JCR 323 Jhr
20
(2013) 54 OCR (SC)

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 ADVOCATE’S DUTY DURING CROSS EXAMINATION

According to Sec 138 of Indian Evidence Act, 1872 the examination of witness by adverse party
is known as cross examination. It is the right of an advocate to cross-examine the opponent party
and his witnesses. The object of cross examination is that if cross examination is conducted
effectively and efficiently, it discovers the truth. When a fact is stated in examination- in- chief
and there is no cross examination on that point naturally it leads to the inference that the other
party accepts the truth of the statement.21

Cross examination of witnesses is a procedural matter. Cross examination is mostly done

according to the provisions of the Indian Evidence Act, Civil Procedure Code, Criminal
Procedural Code and other provisions of the law. Besides these procedural matters; legal ethics
are also concerned with what the advocate should do or should not do, while he is performing
cross – examination. It has to be done with an objective to obtain the real facts from the
witnesses and the opposite party.While cross examining and advocate must not offend the
religious or personal feelings of the opposite party. He should not mis-utilise the opportunity of
cross examining. He has no right to disgrace and bully a witness by putting offensive questions.
Questions which affect the integrity of a witness by making aggressive comments on his
character, but are not otherwise relevant to the actual enquiry, ought not to be asked unless the
cross – examiner has reasonable grounds for thinking that the imputation conveyed by the
question is true.22

Such questions should only be asked if in the opinion of the cross – examiner, the answers would
or might materially affect the credibility of the witness and if the allegation conveyed by the
question relates to matters so remote in time or of such a character that it would not affect or
would not materially affect the credibility of the witness, the question should not be asked. 23

21
The Council Of The Institute Of ... vs B. Mukherjea (1958 AIR 72)
22
S.P. Gupta vs Union Of India (1982 AIR 149)
23
Emperor vs Babus Rajani Kanta Bose AndAnr (71 Ind Cas 81)

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 CONCLUSION

Being a lawyer is not merely a vocation. It is a public trust, and each of us has an obligation to
give back to our communities.

-Janet Reno

Professional ethics is nothing but the duties which are to be followed by the advocate. An
advocate who violates these duties is considered as he has violated the principles of professional
ethics. These are the moral duties which have to be followed by everyone not only in the
advocate profession but other professions as well because ethics and morals are important for
each and every person in the society.

The core subject of legal ethics is to maintain honour, dignity of the law profession and to create
a friendly atmosphere in the court without any biasness and quarrels between advocates which
eventually spoils the bar and bench relations and ultimately affects the administrative system of
justice. Cooperation and fair dealing is necessary for the advocates. This kind of attitude helps
them to acquire more clients and be responsible towards the society because an advocate is
considered to do public service.

A. Recap of Advocates' Duties Towards the Public and State

Advocates, as legal professionals, carry a multifaceted set of duties that extend beyond
individual client representation. Their responsibilities towards the public and the state are
integral to the proper functioning of the legal system and the maintenance of a just society.

B. Importance of Advocates in Maintaining a Just Society

The role of advocates in upholding the rule of law, protecting constitutional rights, and actively
engaging with the public is indispensable for the maintenance of a just and equitable society.
Their dedication to ethical conduct, equal access to justice, and civic responsibility collectively
contributes to the integrity of the legal profession.

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C. Call to Uphold the Ethical Standards of the Legal Profession

In conclusion, advocates must continually strive to uphold the highest ethical standards,
recognizing the profound impact of their actions on individuals, the legal system, and society at
large. Through a steadfast commitment to their duties towards the public and the state, advocates
play a pivotal role in shaping a legal landscape that reflects the principles of justice, fairness, and
equality.

As every individual has a code of conduct, in the same way advocate also has conduct or duties
which are to be performed towards himself, his clients, opponents, colleagues, court etc. it is the
duty of the advocate to maintain the decorum of the court and act properly with his opponents or
colleagues. He must always act in the best interests of his clients and should not do any kind of
act that betrays their trust upon him. All these duties, ethics and morals help an advocate to be in
a better position in his career and become a successful lawyer.

Advocates bear dual responsibilities towards the public and the state. Their duty to the public
involves ensuring equal access to justice, often through pro bono work and legal education
initiatives. Advocates play a crucial role in empowering individuals, disseminating legal
knowledge, and engaging in public interest litigation to address societal issues. Additionally,
maintaining ethical standards, including client confidentiality and avoiding conflicts of interest,
builds public trust.

In service to the state, advocates contribute to upholding the rule of law by participating in
legislation, defending constitutional rights, and assisting in criminal prosecutions. They act as
guardians of constitutional principles, challenging unconstitutional laws, and ensuring fair legal
processes. Advocates also engage in civic responsibilities, promoting the well-being of society
and actively shaping legal and social norms. Striking a balance between client representation and
societal welfare, advocates play a pivotal role in fostering a just and equitable legal system.

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 BIBLIOGRAPHY

STATUTES

 Advocate's Act, 1961

 Bar Council of India Rules

BOOKS AND JOURNALS

 Dr. Kailash Rai, Legal Ethics (Accountability for lawyers and Bench – Bar Relations),
Central Law publication (12 July 2015)

 Dr. Rega Surya Rao, Lectures on Professional Ethics and Accountancy for lawyers and
Bench – Bar Relations, Asia Law House; First Edition (1 January 2020)

 Kent Kauffman, Legal Ethics, Delmar Cengage Learning; International edition (25
February 2013)

 Ronald Rotutand, Professional Responsibility A Student's Guide, West; 2008th edition

(August 8, 2008)

WEBSITES

1. http://www.manupatra.org.html

2. http://www.scconline.org.html

3. https://nyaaya.org/legal-explainer/an-advocates-duties-towards-the-court/

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