Professional Documents
Culture Documents
Pe 2001037
Pe 2001037
DBRANLU Section A
TABLE OF CONTENTS
INTRODUCTION .......................................................................................................................... 1
CONCLUSION ............................................................................................................................. 7
Paper code-706 B.A.LL.B.(Hons.)
ACKNOWLEDGEMENT
I express my gratitude towards my professor, Mr. Navneet Krishna, for assigning us this
project. While working on the assignment, I developed a better understanding of the ethos of
the legal profession. It taught me the dos and don’ts of being a good and honest lawyer.
I am also grateful to the Hon’ble Vice-Chancellor and my parents for providing me with
adequate means to complete this project on time.
Sincerely
Himadri Badoni
Paper code-706 B.A.LL.B.(Hons.)
INTRODUCTION
Advocacy is one of the most respectable professions today. And, advocates are the pillars of
the justice system. Without them, the whole judicial machinery may fall apart. However, like
every other profession, the legal profession also mandates certain ethics. These ethics are to be
necessarily followed by legal professionals, especially advocates, in order to maintain the
justice delivery system.
Ethics has been derived from the Latin word ethicus and the Greek word, ethos, which means
differentiating between right and wrong. Under professional ethics, lawyers must follow an
unwritten code of conduct to properly fulfil their duties. In India, the Advocates Act1 regulates
the conduct of advocates at the bar.
“Advocacy is not a craft but a calling; a profession wherein devotion to duty constitutes the
hallmark. Sincerity of performance and the earnestness of endeavour are the two wings that
will bare aloft the advocate to the tower of success. Given these virtues, other qualifications
will follow of their own account. This is the reason why the legal profession is regarded as a
noble one.”2
Justice Edward Abbot Parry, has authored an admirable book namely, “The Seven Lamps of
Advocacy”. This book lays down the seven essential principles of advocacy that every legal
practitioner must inculcate in his life. These principles are also the guiding towards success in
the legal profession. The book highlights the following seven lamps of advocacy:
1
The Advocates Act, 1961, No. 25, Acts of Parliament, 1961.
2
J.S. Jadhav v. Mustafa Haji Mohamad Yusuf, AIR 1993 SC 1535.
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Freedom from Deceit: Advocates must avoid deceitful tactics, such as presenting false
evidence or making misleading statements in court. Deceit can lead to severe consequences,
including disbarment.
Avoiding Cheating and Stealing: Honesty extends to financial matters. Advocates should
not cheat or steal from their clients or engage in fraudulent billing practices. Maintaining
trust in financial transactions is essential for the attorney-client relationship.
Not Telling Lies: Truthfulness is the bedrock of an advocate’s credibility. Advocates are
officers of the court and must maintain the highest level of truthfulness when presenting
cases, witness testimonies, or legal arguments. Falsifying evidence or lying in court can have
severe legal and ethical repercussions.
Professional Misconduct: Advocates should refrain from any act that would amount to
professional misconduct. This includes unethical behaviour such as divulging client
confidences, engaging in conflicts of interest, or attempting to obstruct the course of justice.
The legal profession relies on strict ethical standards to maintain its integrity.
Essential for Success: Honesty, integrity, and character are essential for the success of an
advocate. Clients rely on their attorneys to act in their best interests, and trust is a cornerstone
of this relationship. Advocates with a reputation for honesty are more likely to attract clients
and maintain their trust, leading to a successful legal practice.
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• Acting like an Actor: Just as actors thoroughly prepare for their roles, advocates
must deeply understand their cases and legal issues to present them persuasively.
• Hard Work-Vital: Advocates need to work tirelessly; success is often directly
related to the effort put in.
• Being updated with Legal Knowledge: The legal field constantly evolves, so
advocates must stay up-to-date to offer effective legal advice.
• Studying the Latest Law Methodically: Advocates should systematically study
new laws and developments through legal publications and education programs.
• Consequences of Ignoring the Law: Neglecting the law can lead to ineffective
representation and harm clients’ interests.
• Law’s Demanding Nature: The legal profession demands full commitment and
unwavering effort.
• Living Like a Hermit, Working Like a Horse: Advocates are expected to lead
disciplined lives and exert intense effort for success.
• Intellectual Demands of Advocacy: Advocacy requires critical thinking, strategic
planning, and persuasive communication; intelligence and knowledge are honed
through dedicated work for navigating complex legal challenges.
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advocate's self-assuredness. The right words can help build an advocate's personality and
credibility.
• Persuasive and Impressive Speaking: The ultimate goal of eloquence is to be
persuasive and impressive. An advocate's ability to present their case in a compelling and
memorable manner can significantly influence the outcome in their favour.
Throughout the legal process, advocates must anticipate and be prepared for potential
actions from the opposing side. This necessitates the development of qualities like presence
of mind, alertness, and tact to effectively handle any challenging or difficult situations that
may arise in the case. Justice Abbot Parry has described judgment as one of the seven
essential qualities, emphasizing its role as an intellectual capacity that inspires individuals
to translate common sense into the right course of action, such as recognizing the key
aspects of their case.
Advocates should refer to the opposing party's advocate as a “Learned Friend,” and the
judge should be addressed as the “Learned Judge” to maintain this spirit of amicable
association. To uphold this sense of fellowship, the Bar Council of India has established
specific rules that advocates must follow as their duty to colleagues.
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Among advocates, one can find a similar camaraderie, a shared ardour of character, and a
common expression of public opinion, often in a straightforward and unmistakable manner.
By keeping this bond of fellowship strong, advocates support one another by sharing
knowledge and walking together in the pursuit of justice using the principles of advocacy.
1. Lamp of Honesty: The lamp of advocacy will allow me not to deceive my client. I shall
disclose to him all the circumstances pertaining to his case. As a legal professional, I
shall not take money from my client on the false promise of getting him a win when the
chances are grim. I shall only ask for fees to the extent of the actual work done. I shall
also maintain secrecy about my client’s case in all circumstances.
2. Lamp of Courage: I plan on courageously fighting my client’s case. I wish to inculcate
qualities like fearless Palkhiwala and Jethmalani who used to focus on their work and
no other distractions. There are n number of distractions when it comes to a novice.
Factors like less experience or fighting against a senior advocate may seem daunting,
however, I shall not let them come my way.
3. Lamp of Industry: I plan on keeping myself fit to industry standards. For the past year,
I have tried keeping myself updated with the legal developments by regularly reading
livelaw digests and shall continue to do the same. I shall work hard to carve a niche for
myself in the profession and live like a hermit while working like a horse.
4. Lamp of Wit: The lamp of wit has taught me that it is not necessary to be serious all the
time. We can get work done by being smart as well.
5. Lamp of Eloquence: The lamp of eloquence has taught me the importance of giving
attention to detail. Small things like choosing the correct vocabulary, correct
presentation, dressing smart and being fluent play a pivotal role in how the judge sees
you. Thus, I shall work on these extra qualities in order to deliver my best possible
arguments.
6. Lamp of Judgement: This has taught me to not mislead my client. I shall apply the
necessary techniques while handling my case.
7. Lamp of Fellowship: This has taught me to maintain a healthy relationship with my
fellow lawyers. This profession is a family of legal professionals and all of us go
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through similar ups and downs. Thus, it is necessary to see all the professionals as
friends and not maintain enmity with them.
CONCLUSION
The Seven Lamps of Advocacy is a book that every legal practitioner must read. It gives
valuable insights into the code of conduct as a lawyer. It is helpful not only for budding lawyers
but also for the ones already practising. Further, these lamps are not only a guiding light for
lawyers but for other professions as well. They are basic ethos that every professional must
follow and inculcate.
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