CONTENTS Introduction 1 State Bar Councils 2 Bar Council of India 4 Disciplinary Committee 5 Legal Aid Committee 6 Standing Committee 6 Who is an Advocate ? 7 @° Ole vsers ‘Who is a Senior Advocate? 9 Advocate on Record 12 Rights and Privileges of a Lewyer 13 Right to Pre-audience 13 Right to Practice’ 13 1) Standards of Professional Conduet and Etiquette 16 Duty to Court Duty to Client Duty to Opponent Duty to Colleagues Duty to Impart Training Restriction on Other Employments Duty to the Public @ Professional and Other Misconduct 36 Dress of Advocates 44 14. Advocacy a7 Patient Hearing Mastery of Facts Mastery of Law Drafting of Pleadings Examination of Witnesses Examination in Chief Cross- examination Re-examination - "Argument Seven Lamps of Advocacy 57 16. Legal Profession; neither a Business nor a Trade 60 (7). Bar-Bench Relation 61 (18) Contempt of Court 66° Appendix - 1 - The Advocates Act, 1961 13 ‘Appendix - Il- The Contempt of Courts Act, 1971 404PROFESSIONAL ETHICS, ACCOUNTANCY FOR LAWYERS AND BAR -BENCH RELATION Propared by Anil K. Nair Advocate High Court of Kerala Phone: 2378489, 2327390 (0471) 2347135(0484) 9447500443 (Mob) Topic -1 Introduction Administration of Justice is one of the main functions of the State. Administration of Justice is considered to be a joint concern, effort and responsibility of both the Bench and Bar. The Bench and the Bar can be considered to be. two wheels of a chariot of Godess of Justice, Themis. The main function of the Bar or legal profession is to aid in the administration of justice. The role played by the advocates or legal practioners in the administration of justice has gained the legal pro- fession esteem and respect in the society. In order to maintain the confidence, esteem and respect of the society, one who enter the legal Ptofession is to be guided by morality, ethics and rules of discipline. In India, the law relating to the legal: practitioners or advocates is contained in the Advocates Act, 1961 and the rules made thereunder. The Act and the rules made thereunder deal with-rights, duties and liabilities of advocates. The Act provides for establishment of State Bar Councils, the Bar Council of India and various Committees for regu- lating the enrgiment, conduct and decipline of advocates. The Act also deals with various other functions and powers of State Bar Councils, the Bar Council of India pnd various Committees.State Bar Councils Or Discuss the Constitution and Functions of State Bar Council. By section 3 of the Advocates Act, 196,1 there shall be a Bar Council for each State. The Bar Council for the State of Kerala is known as the Bar Council of Kerala. A State Bar Council shali consist of the following members. (1) The Advocate - General of the State, Ex -Officio. (2) Elected Members' from among the advocates on the State Roll. ‘ If the electorate (the total number of advocates enrolled in the State Bar Council) does not exceed five thousand, fifteen members shall be elected to the State Bar Council. ' If the electorate exceeds five thousand and does not exceed ten thousand, twenty members shall be elected to the State Bar Council. * If the electorate exceeds ten thousand, twenty five members shall be elected to the State Bar Council. One half of the elected members shall be. persons who have for at least ten years been advocates on a State Roll. There shall he a Chairman and a Vice-Chairman for each State Bar Council. The Chairman and Vice--Chairman is to be elected by the Bar Council.The term of office of an elected member of a State Har Council shall be five years from the date of publication of the result The State Bar Council shall be a body corporate having perpetual Succession and a common seal, It shall have power to acquire and hold property. It can enter into contract. It can sue and be aued in ite name. Section 6 of the Act provides functions of the St Bar Council, The following are the FUNCTIONS of the State Bar Council To admit persons as advocates on its roll, (b) To prepare and maintain such roll. (¢) To entertain and determine cases of misconduct against ‘on its roll advoci (d) To safeguard the rights, previleges and interests of advocates on its roll, . (@) To promote the growth of Bar Associations for the purpose of effective implementation of the Welfare Schemes. (f) To promote and support law reforms. (g) To conduct seminars and organise talks on legal topic by eminent jurists and publish journals and papers of lagal inte (h)) To organise legal ald to the poor, (i) To manage and invest the funds of the Bar Council.GD To visit and inspect Universities in accordance with the directions of the Bar Council of India Topic - Ill The Bar Council of India Or Discuss the.Constitution and Functions of the Bar Council of India Section 4 of.the Advocates Act, 1961 provides for the constitu- tion of the Bar Council of India. The Bar Council of india shall consist of the following members 1. The Attorney General’of India, ex officio The Solicitor General of India, ex officio Elected-Members from the State Bar Councils. Each State Bar Council elects one member from among its members to the Bar Council of india. There shall be a Chairman and Vice-Chariman for the Bar Coun- cil of India. The Chairman and Vice- Chariman is elected by the mem- bers of the Bar Council of India from among its members. The Bar Council of India shall be.a body corporate having per- petual succession and a common seal. It shall have power to acquire and hold property. It can enter into contract. It can sue and be sued in its name. The following are the FUNCTIONS of the Bar Council of India. (a) To lay down standards of professional conduct and etiquette for advocates. 4(b) (c) (d) (e) (g) (h) (i) @ (k) To lay down the procedure to be followed by its disciplinary committee and the disciplinary committee of each State Bar Council To safeguard the rights, privileges and interests of advocates. To promote and support law reform. To exercise general supervision and control over State Bar Councils. . To promote legal education and to lay down standards of legal education. To recognise Universitiés whose degree in law shall be a qualification for enrollment as an advocate To conduct seminars and organise talks on legal topics by eminent jurists and publish journals and papers of legal interest. To organise legal aid to the poor. To recognise on a reciprocal basis foreign qualification in law obtained outside India for the purpose of admission as an advocate. To manage and invest the funds of the Bar Council of IndiaTopic - IV Disciplinary Committee Section & of the Advocates Act, 1961 provides for consntution of Discxpiinary Committees. The Bar Council of India and State Bar Coun cits shail constitute one or more Disciplinary Conwnittee Each Disc plinary Committee shail consist of three persons. Out of three meny bers, two persons shail be elected by the Bar Council and an advo- cate who is qualified to be elected te the State Bar Council, The senior _meost advocate from amongst the members of @ disciplinary commit: tee shall be the Chairman of the Committee. The Disciplinary Committee shall deal with complaints of profes- sional misconduct against advocates. Topic -V Legal Aid Committee A Bar Council may constitute ome or more legal aid committees, Each Legal Aid Committee shall consist of prescribed number of mem- bers. The number of members shall not be less than nine and more than nine. Topic - VI Standing Committees - A State Bar Council shall constitute the following Standing Com- mittees. 1 Executive Committee It shall consist of five members elected by the Council from amongst its members. 2. Enrolment Committee it shail consist of three members elected by the Council from 6amongst its memebers. The Bar Council of India shall constitute the following Standing Committees 1. Executive Committee 4 It shall consist of nine members elected by the Council from amongst its members . 2.. Legal Education Committee It shall consist of ten members, of whom five shall be persons elected by the Council from amongst its members and five shall be persens co-opted by the Council who are not members of the Council. Topic - Vil Who is an Advocate ? What are the Qualifica- tions and Disqualifications for admission as an Advocate? By virtue of section 3 of the Act, a Bar Council is to be consti- tuted in every state. By virtue of sections 6 and 17 of of the Act, the State Bar Council has.to prepare and maintain a roll of advocates and admit persons as advocates on its roll. An advocate is a person whose name is entered in any roll maintained by the State Bar Council. Section 24 of the Act prescribes the qualifications for admission as advocates. A person is qualified to be admitted as an advocate on a state roll, if he fulfils the following conditions. . He should be a citizen of India. 2. He should have completed the age of twenty one years. 3. He should have obtained a degree in law from any University in India which is recognised by the Bar Council of India.4. He should have paid the enrolment fee Section 24 A of the Act prescribes disqualifications for enrolment Under the following conditions a person shall not be admitted as an advocate on a State Roll. (a) If he is convicted of an offence involving moral turpitude This disqualification shall cease to have effect after a period of two years has elapsed since his release. . (b) If he is convicted of an offence under the provisions of the Untouchability (Offences) Act,1955. This disqualification shall’cease to have effect after a period of two years, has elapsed since his re- lease. (c) If he is dismissed or removed from employment or office under the state, on any charge involving moral turpitude. Theexpres- sion state shall have the same medning assigned to it under Article 12 of the Constitution of India. This disqualification shall cease to have effect after a period of two years has elapsed since his dismissal or removal. A person who is found guilty and dealt.with under the provisions of the Probation of Offenders Act,1958 is not a disqualified person for enrolment as an advocate. Haniraj L. Chulani v. Bar Council of Maharashtra and Goa (AIR 1996 SC.1708) _ It was held that a pra: ing medical practitioner, though obtained the degree of law, cannot be permitted to be enrolled as an advocate. A person cannot be permitted to carry on other profession. simulta- neously with the legal profession. By virtue of section 22 of the Act a certificate of enrolment is to 8 7be issued by the State Bar Council to every person whose name is entered in the roll of advocates. An advocate shall notify any change in the place of his residence to the State Bar Council within ninety days of such change Topic - Vill Who is a Senior Advocate ? By virtue of section 16 of the Advocates Act, 1961 advocates can be classified into two groups. They are (1) Senior Advocates and (2) Other Advocates. The status of “Senior Advocate” will be conferred by the Supreme ‘Court or High Court. ‘ The rules regarding designation as Senior Advocate by the Su- preme Court is contained in Order IV Rule 2 of the Supreme Court Rules, 1966. The Chief Justice of India and the Judges of the Supreme Court may with the consent of the advocate, designate an advocate as se- nior advocate if in their opinion he is deserving such distinction. _ It is conferred on the basis of his merits such as ability, standing at the Bar, special knowledge and-experience in law. When an advotate is designated as a Senior Advocate by the Supreme Court, the Registrar shall communicate to all the High Courts and the Secretary to the Bar Council of India and the Secretary of the Bar Council Concerned the name of the said advocate and the date on which he was so designated. The rules regarding designation as senior advocate by the Kerala High Court is framed by the High Court of Kerala. The following are the main rules. 9The High Court of Kerala may designate an advocate as Senior Advocate, if in their opinion, by virtue of his ability, standing at the Bar or special knowledge or experience in law, the said advocate is de- serving Such a distinction. The designation shall be made either on an application from the Advocate concerned or suo moto. If designa- tion is proposed to be made suo moto, the consent of the advocate concerned shall be taken before such designation. The proposal for designation either on application by the Advocate or suo moto shall be considered at a meeting of the Chief Justice and other judges of the High Court. Such proposal shall be considered as accepted only if not less than two thirds of the total number of judges present at such meet- ing are in favour of accepting the application. When an advocate is designated as a Senior Advocate , the Reg- istrar shall communicate the fact to the Registrar, Supreme Court , the Bar Council of Kerala, the Bar Council of India and the Bar Councils of other states and also to all the District and Sessions Judges subor-" » dinate to the High Court. By virtue of section 17 of the Advocates Act, 1961, every State Bar Council shall prepare and maintain a roll of advocates of all per- sons who are admitted to be advocates on the roll of the State Bar Council. The roll of the Advocates shall be maintained in two parts. The first part containing the names and addresses of the senior advo- cates and the second part containing the names and addresses of other advocates in the order of their seniority. . A Senior Advocate shall not file a Vakalathnama or file an ap- pearance or any pleadings or applications in any court or tribunal in India. He shall not appear without an advocate on record in the Su- preme Court or without a junior advocate in any other court or tribunal in India. He shall not accept instructions to draw pleadings or affida- vits, advise on evidence or do any drafting work of an analogous kind 10in any court or tribunal in India or undertake coveyancing work of any kind whatsoever. He can settle the pleadings. Restrictions on Practice Chapter | of Part Vi of the Bar Council of India Rules provides for restrictions on Senior Advocates in the matter of their practice of the profession of law. ‘Senior Advocates shall, in the matter of their practice of the profession of law mentioned iin Section 30 of the Act, be subject to the following restrictions: (a) ASenior Advocate shall not fle a vakalatnama or act in any Court, or Tribunal, or before any person or other authority mentioned in Section 30 of the Act. Explanation : “To act” means to file an appearance or any pleading or application in any court or Tribunal or before any person or other authority mentioned in Section 30 of the Act, or to do any act other than pleading required or authorised by law to be done by a party in such Court or Tribunal or before any person or other ailthorities mentioned in the said Section either in person or by his recognised agent or by an advocate or an atfomey on his behalf. (b) (i) ASenior Advocate shail not appear without an Advocate on Récord in the Supreme Court or without an Advocate in Part I! of the State Roll in any court or Tribunal or before any person or other authorities mentioned in Section 30 of the Act. ~ (i) Where a Senior Advocate has been engaged prior to the coming into force of the rules in this Chapter, he shalll not continue thereafter unless an advocate in Part Il of the ‘State Roll is engaged along with him. Provided that a Senior Advocate may continue to appear . without an advocate in Part Il of the Sate Roll in cases in which he had been briefed to appear for the prosecution or the defence in criminal case, ithe was so briefed before he is designated asa senior advocate or before coming into operation of the rules in this Chapter as the case maybe. (c) He shall not accept instructions to draft pleading or affidavits, advice on evidence or to do any drafting work of an analogous kind in any Court or Tribunal or before any person or other authorities mentioned in Section 30 of the Act or undertake conveyancing work of any kind ‘whatsoever. This restriction however shalll not extend to settling any such matter as aforesaid in consultation with an advocate in Part Il of the State Roll. (cc) Senior Advocate shal, however, be free to make concessions or give undertaking in the course of arguments on behalf of his clients on instructions from the junior advocate, (d) He shall not accept directly from a client any brief or instructions to appear in any Court or Tribunal or before any person or other authorities in India. (e)A Senior Advocate who had acted as an Advocate (Junior) in a case, shall not after he has been designated as a Senior Advocate advise on grounds of appeal in a Court of Appeal rin the Supreme Court, except with an Advocate as aforesaid. (A Senior Advocate may in recognition of the services rendered by an Advocate in Part-II of the State Roll appearing in any matter pay him a fee which he considers reasonable. uTopic - 1X Advocate on Record In exercise of powers conferred by Article 145 of the Constitution of India the Supreme Court of India has made the Supreme Court Rules,1966. The Supreme Court Rules, 1966 provides for the condi- tions of practice of advocates in the Supreme Court. The Supreme Court Rules provides that an ‘Advocate on Record’ only shall have a right to file an appearance or act for a party in the Supreme Court. An advacate on record can appear and plead in any matter before the Supreme Court. A Senior Advocate or any other advocate shall not appear and plead in any matter unless he is in- structed by an Advocate on. Record. An advocate other than a Se- nior Advocate can register in the Supreme Court as an Advocate on Record. The following are the qualifications for.registering as an ad- vocate on record. : 1. He should undergo training.for one year with an Advocate on Record approved by the Supreme Court. 2. His name should be borne on‘the roll of any State Bar Coun- cil for a period of not less than three years on the commencement of the training. . “3. He should pass the tests conducted by the Court. 4. He should have an office in Delhi within a kilometres from the Court Hot dius of 16 5. He should give an ‘undertaking to employ a registered clerk within one month of registration as an advocate on record. 6. He should pay the registration fee. 12Topic -X . Whatare the Rights and Privileges of a Lawyer 7 The following are the rights and privileges of a lawyer. 1. Right of Pre-Audiece Right of pre-audience means right of a lawyer at Bar to be heard before another. Section 23 of thc Advocates Act governs the right of Pre-audience in the following order. (a) (b) (c) (a) (e) (f) (3) Attorney General of India Solicitor General of Indi Additional Solicitor General of India The Second Additional Solicitor - General of India Advocate General of State ( among Advocate Generals inter se the right is determined by their seniority) Senior Advocates ( among Senior Advocates inter se the right is'determined by their seniority) Ciher Advocates (among other Advocates inter se the right is determined by their seniority). 2. Right to Practise By virtue of section 29 of the Act, advocates are the only class of persons entitled to practise the profession of law. . By virtue of section 33 of the Act a person shall not be entitled to practise in any court or before any authority or person unless he is 13enrolled as an advocate under the Act. By virtue of section 45 of the Act if a person who is not entitled to practise in any court or before any authority or person practises in any court or before any authority or person, he shall be punishable with imprisonment for a term which may extend to six months. By virtue of section 30 of the Act,an advocate whose name is entered in the State Roll shall be entitled as of right to practise through- out India in all courts including the Supreme Court. An advocate shall be entitled to practise before any tribunal or person legally authorised to take evidence. An advocate shall-be entitled to practise before any other authority or person before whom such advocate is by or under any law for the time being in force. entitled to practise. In Saji C.P. v. Union of India and Others (2011 (3) KHC 675), it was held that by virtue of section 30 of the Advocates Act,1961, par- ties can engage a lawyer of his choice and lawyers are entitled to file vakalath before all courts/tribunals and such other forum in India as a matter of right. Permission of court / tribunal need not be obtained to engage a ‘lawyer. ~ By virtue of section 32 of the-Act any Court, authority or person may permit any person; not enrolled as an advocate, to appear before it or him in any particular case. In Harishankar Rastogi v. Girlghari Sharmah (AIR 1978 SC 1019), the Supreme Court held that anyone, who is,not an advocate, cannot, as of right, appear in the court and claim to plead for another. It is open to a person who is a party to a proceeding to apply to the court to permit a non-advocate to appear and argue for him:-The-Court’ may grant or withhold permission to appear and plead in a given case. The" Power of the court cannot be exercised in routine. It is open to the court to Grant or withhold permission. The court may even after - 14grant of permission withdraw it half way through, if the representative proves himself to be reprehensible. In P. C Jose v. Nanda Kumar (AIR 1997 Ker. 243), the Kerala High Court held that if an advocate himself is a litigant and appears as a litigant in person, he must not address the Court from the Advocates’ table or in the robes of Advocate. He has to address the court from the place and in the same way as any ofdinary member of the public. Further it was held that when members of the Bar are to stand inside a court room due to lack of seating facilities, members. of the Public, even if they are litigants in the same court cannot claim any right to occupy the seating facilities available inside the court. It is open to the presiding officer to direct such persons to vacate for accomodating members of the Bar if there is no other seating facility available. Ls In Major K. Mathews .v. Registrar -General, High Court of Judicature at Madras ( AIR 2003 Mad. 411), Major K. Mathew ( Re- tired) has approached the Madras High Court to issue a writ of decla- ration. declaring that an ordinary member of the public like him who is conducting a case party-in-person in a civil or criminal court is entitled to be seated in the court and to. make use of the table available in the court: room and ‘such liberties should not be interfered with or ques- tioned by the members of the Bar. The Court held that the litigants / parties appearing in person before courts for their own causes cannot claim the same privilages /rights being given to the members of the Bar/ Advocates,*and they cannot occupy /use the chairs and tables provided for the Advocates. However they are entitled to be provided with a convenient place to address the court and highlight their cause. No one is entitled to prevent/ obstruct the litigants/parties appearing in person. 15Topic - XI Standards of Professional Conduct and Etiquette wnat a ‘© YOU underatand by the term Professional Ethics or Wnst are the saltent features in the Code of Professional Ethics laid down by the Bar Counell of india Or Whatlare the important principles of professional ethics Or What are the duties of an Advocate towards Court Or What are the duties of an Advocate towande the public or ‘What are the duties of an Advocate towards his client or : “What are the duties of an Advocate towards opponent oO: What are the duties of an Advocate towards Colleagues Or Discuss the role of seniors In imparting training to Junior Advocetss An advocate is an officer of the Court. He is a previleged mem- ber of the community. An advocate is given the exclusive right to: prac- tise the arofession of law. An advocate who enjoys several rights and privileges under the statute should not be free from any duty. There should be code of conduct for regulating the behaviour of a practicing lawyer towards himself, his client, his adversary and tow: is the court. Professional ethics may be defined as a Code of Conduct, writ- ten or unwritten, for regulating the behaviour of a practising lawyer tewards himself, his client, his opponent, his colleague and towards public and the court. The main object of professional ethics is to maintain the dignity of the legal profession and the friendly relation 16between the Bench and Bar. Section 49 (1) (c) of the Advocates Act, 1961 empowers the Bar Council of India to make rules to prescribe ‘standards of professional conduct and etiquette to be observed by advocates’. In exercise of the powers conferred under section 49 (1) (c) of the Act the Bar Coun- cil of India has framed the following cannons of conduct and etiquette. 1. Duty to the Court \ The following ate the duties of an advocate. towards the Court. (a) ‘While presenting his case and acting before a court’an advocate shall conduct himself with dignity and self respect.. He shall not be servile ( too ready’ to obey others: ; lacking indipendence). Whenever there is proper ground for serious complaint against a judicial officer, he has a right and duty to submit his grievence to proper authorities. (b), An advocate shali maintain towards the courts a respectful atti- tude, bearing in mind that the dignity of the judicial office is essential for the survival of a free community. (c) An advocate shall not influence the decision of a court by any illegal or improper means. He shall not make any private communica- tions with a judge relating to a pending case. (d) An advocate shall use his best effort to restrain and prevent his Client from resorting to sharp or unfair practices of from doing anything in relation to the court, opposing counsel or paities. An advocate shall refuse to represent the client who persists in such improper conduct. He shall not consider himself a mere mouth Piece of the client. He shall avoid the scurrilous (abusive _and insulting) attacks in Pleadings. He shall avoid using of intemperate ( showing lack of self control) lan- guage during arguments in Court : 7rin court at all times only in the pre- scribed dress and hie appearance shall always be presentable, (f) An advocate stall not practise before # judge sitting alone or a Bench of Judges, if the Judge or any member of the Bench is related to the advocate as husband, father, grandfather, son, grandson, brother, father-in-law, son-in-law, brother -in -law, uncle, nephew, first cousin, wife, mother, daughter, éister, mother -in-law, daughter-in-law, sister. in-law, aunt or niece. : (g) _ An advocate shall not wear bands or gown in public places other than in courts except on such céremonial occasions. (h) An advocate shall not appear in.any court-or before any tribunal or any other authority for or against an organisation or an institution, society or Corporation, if he is a member of the Executive Committee of such organisation or institution: or ‘society or corporation, Executive Commitee means a commitee or body of person vested with the gen- eral management of the affairs of thé, organisation, institution,society or corporation. : (i) An advocate should-riot act or plead in any matter in which he is himself pecuniarily interested. - Examples 4 . a i. He should not.act in a. bankrupicy petition when he himself is also-a creditor of the bankrupt. ii. He.should not accept a brief from a company of which he a « diregtor. i Sia G) An advocate:shall not atand:as a surety or certify the soundness of a surety, for his client required. for the purpose of any legal proceed- ings. :2. Duty to the Client The following are the duties of an advocate towards his client (a) An advocate is bound to accept any brief in the courts or tribu- nals or any authority in or before which he professes to practise at 6 fee consistant with his standing at the Bar and the nature of the case However in special circumstances he can reject a breif. It may be possible for him to reject a brief in the following cases. (i) If he is physically disabled from appearing for the client. (ii). If-he is not available. to present the case in the Court. (iii) If his training in a special branch limits his usefulness in other branches. (iv) _If the client is not prepared and able to pay him his reasonable fee, (¥) If he confines his practise in some courts and in some places only. (vi) If he is likely to be called as a witness in the same case. > “(vil) If he has already been consulted by the other side. In Mohammed Rafi A.S_ v, State of Tamil Nadu and Others (2011 (1) KLT 39, after a clash between policemen and lawyers, bar association passed a resolution that no one will defend policemen in criminal case. The Supreme Court held that such a resolution is wholly illegal and null and void as it is against all traditions of Bar and profes- sional ethics.(b) A ™ advocate shall not ordinarily withdraw from engagement once rcce| Pied, without sufficient cause and reasonable notice is given to the client In B.L. Wadehra v. State (N.C.T of Delhi) ( AIR 2000 Dethi 266), the Delhi High Court issued the following declarations and direc. tions Lawyers have no right to strike. Strike by lawyers is illegal and unethical. If, on the ground of strike, a lawyer abstains from appearing in Court in a case in which he holds the vakalath for the client, he is committing a professional misconduct, a breach of contract, a breach of trust and a breach of Professional duty. 3 If, in the name of the strike, anyone obstructs or prevents a lawyer from discharging his professional duty of appearing in court, he is committing a criminal offence and is interfering with the administration of justice and is committing contempt of court. In Ramon Services Pvt. Ltd. V. Subhash Kapoor (AIR 2001 SG 207) the Supreme Court held that when a court passes an ex parte decree due.to the absence of an advocate in pursuance of a strike, sd subsequently the ex parte decree is set aside on condition of pay- ment of-cost, the party is entitled to realise the amount of cost from the concerned advocate. If the litigant suffers entirely on account of his advocate’s non appearance in court he has the remedy to sue the ad- vocate for damages. In Kokkanda B. Poondacha and Others v. K.D. Ganapathi and another (2011 (1) KHC 732), the Supreme Court held that an 20advocate cannot ordinarily withdraw from engagement without suffi- cient cause and without giving reasonable and sufficient notice to the client. (c) An advocate should not accept a brief or appear in a case in which he has reason to believe that he will be a witness. If he has already been engaged in a case in which he will be a witness on a material question of fact, he should not continue to appear as an Advo- cate if he can retire without jeopardising his client's interests. (d) An advocate shall make a full and frank disclosure to his client relating to his connection with the parties and any interest which is likely to affect his client's judgement in engaging him or continuing.the engagement. (e) An advocate shall feariesly. uphold tne interest of his client by all fair and honourable means. He shall defend a person accused of a crime regardless of his personal opinion as to the guilt of the accused. He should keep. in mind that his loyalty is to the law which requires that no man should be convicted without adequate evidence. (f) An advocate appearing for the prosecution in a criminal trial shall 80 conduct the prosecution that it does not lead to conviction of ‘the innocent. The suppression of materials capable of establishing the Innocence of the accused shall: be avoided. (g) ./An advocate shall not act on the instructions of any person other than his client or authorised agent. (h) An advocate shail not stipulate for a fees contingent on the re- sults of litigation-or agree to share the proceeds thereof. (i) An advocate ‘stall not bid for or purctiase any property sold in the execution of a cecree or order in any suit in which he. was in any way . 2 .professionally engaged. G) An advocate shall not adjust fees payable to him by his client against his own personal liability to the client. (k) An advocate shail not do anything whereby he abuses or takes advantage of the confidence reposed in him by his client. In Kokkanda B. Poondacha and Others v. K.D. Ganapathi and another (2011 (1) KHC 732), the Supreme Court heid that a law. yer cannot pass on the confidential information to anyone else. As the client entrusts the whole obligation of handling legal proceedings to an Advocate, he has to act according to the principles of uberrima fides i.e., the utmost good faith, integrity, fairness and loyalty. (I) An advocate should keep accounts of the client's money entrusted to him. .A copy of the client's account shall be furnished to him on demand. The client should pay the necessary copying charge. (m) If an advocate receives any amount on behalf of his client, the fact of such receipt must be intimated to the client as early as possible. In Bar Council of A.P. v. Kurapati Satyana a (2003) 1 SCC 102), a suit was filed by one G.N before the Addl. Distt. Munsiff through the respondent advocate.. The suit having been decreed, ex- ecution petition was filed for realisation of the decretal amount. The respondent was engaged as counsel for GN in the execution proceed- ings as well. ‘The respondent received a total sum of Rs. 14,600 on various dates in the execution Proceedings but he did not make pay- ment of the same to GN. Thereupon GN filed a complaint on 18-10- 1996 before Addl. Distt. Munsiff. The complaint along with reply filed by the respondent and the connected records were forwarded to the State Bar Council. After enquiry, the State Bar Council awarded the Punishment of removal of his name from the roll of the Bar Council 22Thereupon the repondent preferred an appeal to the Bar Council of India. The Bar Council of India was of the view that the respondent had utilised the money for his own treatment under compelling circum- stances and that he had no intention to misappropriate the decretal amount. The State Bar Council preferred an appeal against the order of the Disciplinary Committee of the Bar Council of India. The Su- preme Court allowed the appeal and confirmed the decision of the State Bar Council to remove the name of the respondent. The Supreme Court held that amongst the warious types of misconduct envisaged for ion of the client's money must be a.legal practitioner the misappropri regarded as one of the gravest. Having regard to the serious nature of misconduct the punishment of removal of his name from the roll of the Bar Council would be the only appropriate punishment. (n) An advocate shall not divert any portion of the money entrusted to him for expenses towards his fees without consent in writing of the client. (0) After the termination of the proceedings the advocate shall be at liberty to appropriate towards the settled or legal fees due to him any sum remaining unexpended out of the amount paid to him for expenses or any amount that has come into his hands in that proceedings. In R.D Saxena v. Balaram Prasd Sharma (AIR 2000 SC 2912), the Supreme Court held that an advocate has no lien on the files en- trusted to him by the client for the unpaid balance fees. If the client does not want to continue the engagement of a particular advocate,’ he should return the brief to the client. ‘The refusai to return the files of the client, when he demanded the same, would amount to miscon- duct, and such an Advocate is liable to be punished for such miscon- duct. An advocate has the right to sue his client for his fees, if not paid, like any other profession. (p) An advocate shall not lend money to his client for the purpose of 23any action of legal proceedings in which he is engaged by such client (q) An advocate who has advised in connection with the institution of a suit, appeal, or gther matter or has drawn pleadings or acted for a party shall not appear or plead for the opposite party. 3. Duty to Opponent An advocate has folowing duties to opponent 1. 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. 2. An advocate shall do his best:to carry out all legitimate promises made to the opposite party eventhough not reduced to writing or en- forceable under the rules of the court. é 3 An advocate: shall not use unfair and malicious tactics, methods or devices against the opponents. 4. “He shall not abuse the rules of evidence and the processes of the court in order-to injure the opponent or to benefit himself. 5S ; He shall not make such allegations which he does not intend to support by evidence. 6. He must not deliberately convey to the judge ‘informations not admissible in evidence. 7 He must not make needless attacks on the reputation of the op- ponent or his witnesses or otherwise harass them. When they are in f:e witness box, the advocate shall not make it an opportunity to gratify 2 anger or malice of his client. 248. An advocate may make concessions to the convenience of the opponent and his lawyer. An advocate shall not take advantage of errors that can be cured. 4. Duty to Colleagues The following are the duties of an advocate to colleagues 1. An advocate shail not solicit work or advertise by circulars, advirtisement, touts, personal communications or interviews. . He shall Not solicit work or advertise by procuring his photograph to be pub- lished in connection with cases in which he has been engaged. His sign board or name plate should be of a reasonable size. The sign board or name plate or stationary should not indicate that he is Presi- dent or Member of a Bar Council or of any Association or that he specialises in any particular type of work or that he was a Judge or an Advocate General. A tout means a person who procures, in consideration of any remuneration moving from any advocate, the employment of such ad- vocate in any legal business. An advocate shall not engage touts to obtain cases. Engaging touts and payment of commission to touts to procure clients is violation of professional ettiqutte. 2. * An advocate shall not accept a fee less than the fee taxable un- der the rules when the client is able to pay the same. 3. An advocate shall not enter appearance in any case in which there is already an Advocate on record except with his consent. 5. Duty in Imparting Training An advocate shall not demand or accept fees or any premium 25from any person as a consideration for imparting training in law under the rules prescribed by a State Bar Council to enable such person to qualify for enrolment under the Advocates Act, 1961. ‘Senior lawyers have the duty to impart all necessary training to the junior members in the profession. The juniors can come up only with proper direction, training and help of the seniors. The profes. sional prestige can be perpetuated only through the juniors in the Bar. Therefore the senior lawyers should impart necessary training to the junior members. of the profession. In Ram Mohan v. Jayakrishnan (1981 KLT 745), the Kerala High Court observed:. : “The Bench and the senior advocates owe a duty to the juniors in the bar. They should be given all encouragements. They are, in fact, a trust in the hands of the seniors. A junior is often elated (very happy or proud) when he files a joint-vakalath with the senior. He gets justifi- able satisfaction when his name appears in the law reports with his senior. Encouragement to the juniors by allowing them to handle cases will, to a large extent, help courts to cut down the pendency of cases. Most of the juniors are competent and will prove their mettle if opportu- nities are given. That will help to mould their career and creation of an effective second line of offence and defence in the Bar.” + A good senior is the best elevator of a junior. The Bar without seniors is like cricket without wicket. Seniors should lead by examples. 6. Duty not t I estricti on other Employments 1 An advocate shall not personally engage in any business. He may be a sleeping partner in a firm doing business provided that in the opinion of the State Bar Council the nature of the business is not in- 26consistent with the profession. In Bhupinder Kumar Sharma v. Bar Association, Pathankot (2002) 1 SCC 470, the appellant, a handicapped person, was found to be running his three business ( a PCO booth, a Photocopying Centre and a firm dealing in coal-briquettes) after his enrolment as an advo- cate and thus guilty of professional misconduct. The appellant was removed from the state roll by an order of the Disciplinary Committee of the State Bar Council of Punjab and Haryana. The said order was confirmed by the Disciplinary Committee of Bar Council of India. On appeal the Supreme Court held that debarring him from practising for all time is top harsh. The Court modified the punishment to debar the appeallant from practising up to the end of December 2006. In Madhav M. Bhokarikar v. Ganesh M. Bhokariakar (2004) 3 SCC 607, the appellant, a practising lawyer, secured dealership of retail petrol pump: .On @ complaint received from the respondent (uncle of the appellant) accusing the appellant of having taken dealership of the retail outlet of petroleum products, disciplinary proceedings were initiated against the appellant by the State Bar Council. On enquiry, the Disciplinary Committee of the State Bar Council found the charge proved. During pendency of enquiry against him, he entered into part- nership with his younger brother and agreed to be a sleeping: partner. “On 20-06-1998, the State Bar Council suspended his licence to prac- tise for a period of one year: The appellant preferred an appeal to the Bar Council of India to set aside the order of the State Bar Council The complainant /respondent also preferred an appeal to the Bar Coun- cil of India and sought for enhancement of punishment. Both the ap- Peals were heard and disposed of by a common order dated 25-08- 1998 and the period of suspension was enhanced to five years from one year. The appellant preferred an appeal to the Supreme Court. On 11-03-2004, as the appellant has already suffered the punishment ordered by the Bar Council of India, the Supreme Court gave the ap- pellant liberty to approach the State Bar Council to satisfy it that he 27has discontinued from engaging himself actively in the business of pe. troleum ‘products and he would confine only to the profession of advo. cacy. 2. An advocate may be a Director or Chairman of the Board of Dj. rectors of a Company with or without any ordinary sitting fee, provideq none of his duties are of an executive character. An advocate shal not be a Managing Director or a Secretary of any Company. a An advocate shall not be a full time salaried employee of any person, firm, corporation, concern. If he takes up any such employ. ment he shall intimate the fact to the Bar Council on whose roll his name appears and shall cease to practice as an advocate so long as he continues in such employment. 4, An advocate who has inherited or succeeded a family business may continue it, but may not personally participate in the management of that business. 5. An advocate may review Parliamentary Bill for a remuneration. edit legal text -books at a salary, do press vetting for newspapers, coach pupils for legal examination, set and examine question papers. He may engage in broadcasting, journalism, lecturing and teaching subjects both legal and non-legal without offending the rules regarding advertisement and full time employment. 7 Duty to the Public The welfare of the society demands protection of the law of the land. Lawyers are looked upon as protectors, preservers, saviours. and ministers of justice. The nature of the duties discharged by a0 advocate is in the nature of a public duty. The legat profession is profession of great honour. It has been created not for private gain bu! for public good. It is not a money making occupation but a branch of administration of justice. 28Lawyers help in finding out the truth of disputes betw —. ina con testing litigants. Lawyers have a duty to render their sei si.#9 avail- able to the public generally without any discrimination. They must be ready and willing to render legal aid to the poor and the wea" and also in matters involving public interest. Chapter Il of Part - VI OF BAR COUNCIL OF INDIA RU! ES declares Standards of Professional Conduct and Etiquette These Rules are made by the Bar Council of India under section 49)1((c) of the Advocates Act. Preamble An advocate shall, at all times; comport himself in a manner befitting his status as an officer of the Court, a privileged member of the community, and a gentleman, i:2a1\ng in mind that what may be lawful and moral for a person who is not a member of the Par, or for a member of the Bar in his non-professional capacity may still ba improper fur an advocate. Without prejudice to the generality of the foregoing obligation, an advocate shall fearlessly uphold the interests of his client and in his conduct conform to the, rules hereinafter mentioned both in letter and in spit, The rules hereinafter mentioned contain canons of conduct and etiquette adopted as gener! guites, yet the specific mention thereof shall not be construed as a denial of the exisiens || (ers equally imperative though nat specifically mentioned. Section | - Uuty to the Court 1. Anadvocate shall, during the presentation of his case and while otterwise acting before a court, conduct himself with dignity and self-respect. Hé shall not be servile and whenever there is proper ground for serious complaint against ajudicial officer, it shal! ve his rignt and duly to submit his grievance to proper ities. 2 Anadvocate shall maintain towards the courts a respectful attitude, bearing in mind that the dignity of the judicial affice is essential for the survival of a free community, 3. Anvadvocate shail not influence the decision of a court by any illegal or improper megns. Private communications with a judge relating to a pending case are f>rbidden 4: Anadvocate shall use his best efforts to restrain and prevent his client from resorting to sharp or unfair practices or from doing anything in relation to the court, opposing counsel or parties which the advocates himself ought not to da. An advocate shall refuse to represent the client who persists in such improper conduct. He shal! not consider himself a mere mouth-piece of the client; and shall exercise his own judgement in the (ise of restrained language in correspondence, avoiding scurrilous attacks in pleadings, and using intemperate language during arguments in court. 5. Anadvocate shall appear in court at all times only in the prescribed dress, and his appearance shall aways be presentable, . 6. —_-Anadvocate shall not enter appearance, act, plead or practise in any way before a court, Tribunal or Authority mentioned in Section 30 of the Act, ifthe sole or any member thereof related to the advocate as father, grandfather, son, grand-son, uncle, brother, nephew, 29first cousin, husband, wife, mother, daughter, sister, aunt, niece, father-in-law, mother-in-iay ‘son-in-law, brother-in-law, daughter-in-law or sister-in-law. For the purposes of this rule, Court shall mean a Court, Bench or Tribunal in whici above mentioned relation of the Advocate is a Judge, Member or the Presiding Officer, 7. Anadvocate shall not wear bands or gown in public places other than in court: except on such ceremonial occasions and at such places as the Bar Council of India or the court may prescribe. 8. An advocate shall not appear in or before any court or tribunal or any other authority for or against an organisation or an institution, society or corporation, ifhe is a member of the Executive Committee ‘of such organisation or institution or society or corporation. “Executive Committee *, by whatever name it may be called, shall include any Commitiee or body of persons which, for the time being, is vested with the general management of the affair- of the organisation or institution, society or corporation. Provided that this rule shall not apply to such a member appearing as “amicus curiae” o without a fee on behalf of a Bar Council, Incorporated Law Society or a Bar Association. 8. __An Advocate should not act or plead in any matter in which he is himself pecuniarily interested. * Mlustration : = |. He should not act in a bankruptcy petition when he himself is also a creditor of the bankrupt I He should not accept a brief from a company of which he is a Director. 10. An Advocate shail not stand as a surety, or certify the soundness of a surety for his client required for the purpose of any legal proceedings. Section Il - Duty to the Client | - - 11. Anadvocate is bound to accept any briefin the Courts or Tribunals or before any other authorities in or before which he proposes to practise at a fee consistent with his standing at the Bar and the nature of the case. Special circumstances may justify his refusal to accept a particular brief. 12. __Anadvocate shall not ordinarily withdraw from engagements, once accepted, without sufficient cause and unless reasonable and sufficient notices is given to the client Upon his withdrawal from a case, he shall refund such part of the fee as has not been eamed. 13. __An advocate should not accept a brief or appear in a case in which he has feason to believe that he will be a witness, and if being engaged in a case, it becomes apparent that he is a witness on a material question of fact, he should not continue to appear as an Advocate’ he can retire without jeopardising his client's interests. ‘ * 14. As advocate shall at the commencement of his engagement and during the continuance thereof, make all such full and frank 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 client's judgement in either engaging him or continuing the engagement. 15. _Itshall be the duty of an advocate fearlessly to uphold the interests of his client by all fair and honourable means without regard to any unpleasant consequences to himself of any other. He shall defend a person accused of a crime regardless of his personal opinion as to the guilt of the accused, bearing in mind that his loyally is to the law which requires that no man ‘should be convicted without adequate evidence. 16. — Anadvocate appearing for the prosecution of a criminal trial shall so conduct the prosecution that it does not lead to conviction of the innocent. The suppression of material capable of establishment 30the innocence o/ the accused shail be scrupulously avoidea 77. An advocate shall not, directly or indirectly, commit a breach of the obligations imposed by Section 126 of the Indian Evidence Act 18. Anadvocate shall not, at any time, be a party to fomenting of litigation 19. An advocate shall not act on the instructions of any person other than his client orhis authorised agent. 20.» An advocate shall not stipulate for a fee contingent on the results of tigation or agree to share the proceeds thereof. : 21. An advocate shall not buy or traffic in or stipulate for 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 any instruments which are, for the time being, by law or custom, negotiable or to any mercantile document of title to goods. 22. Anadvocate shall not, directly or indirectly, bid for or purchase, either in his own name or in any other name, for his own benefit or for the benefit of any other person, any Property sold in the execution of a decree or order in any suit, appeal or other proceeding in which he was in any way professionally engaged. This prohibition, however, does not prevent an advocate from bidding for or purchasing for his client any property which his client may himself legally bid for or purchase, provided the Advocate is expressly authorised in writing in this behalf. 2A. Anadvocate shall not directly or indirectly bid in colt auction or acquire by way Of sale, gift, exchange or any other mode of transfer either in his own name or in any other name for his own benefit or for the benefit of any other person any property which is subject matter of any suit appeal or other proceedings in which he is in any way professionally engaged 23, An advocate shall not adjust fee payable to him by his client against his own personal liability to the client, which liability does not arise in the course of his employment as anadvocate. : 24. An advocate shall net do anything whereby he abuses or takes advantage of the ‘confidence reposed in him by his client. 25. An advocate should keep accounts of the client's money entrusted to him, and the accounts should show the amounts received from the client or on his behalf, the expenses incurred for him and the debits made on account of fees with respective dates and all other necessary particulars. 26. Where moneys are received from or on account of a client, the entries in the accounts should contain a reference a to whether the amounts have been received for fees or expenses and during the course of the proceeding, no advocates shall, except with the consent in writing of the client concerned, be at liberty to divert any portion of the expenses towards fees. ~ ° 27. Where any amountis received or given to him on behalf of his client, the fact of ‘such receipt must be intimated to the client, as eartyas possible. 28. After the termination of the proceeding, the advocate shall be at liberty to appropriate towards the settled fee due to him, any sum remaining unexpended out of the amount paid or sent to him for expenses or any amount that has come into his hands in that proceeding 29. Where the fee has been left unsettled, the advocate shall be entitled to deduct, out of any moneys of the client remaining in his hands, at the termination of the proceeding for which he had been engaged, thg fee payable under the rules of the Court, in force for the time being, or by then settled and the balance, if any, shall be refunded to the client. 30. A copy of the client's account shall be fumished to him on demand provided the 3inecessary copying charge is paid. a 31. An advocate shall not enter into arrangements whereby funds in his hands ayy converted into loans. 32. __ Anadvocate shall not lend money to his client for the purpose of any action legal proceedings in which he is engaged by such client. Explanation. An advocate shall not be held guilty for a breach of this rule, ifin the course of, Pending suit or proceeding, and without any arrangement with the client in respect of the same the advocate feels compelled by reason of the rule of the Court to make a payment to the Cou ‘on account of the client forthe progress ofthe suit or proceeding. Z 33." An advocate who has, at any time, advised in connection with the institution of, suit, appeal or other matter or has drawn pleadings, or acted for a party, shall not act, appear a plead for the opposite party. Section Ill - Duty to Opponent 34. An advocate shall not in any way communicate or negotiate upon the subjec matter of controversy with any party represented by.an advocate except through that advocate, 35. 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. Section IV - Duty to Colleagues 36. ___Anadvocate shall not solicit work or advertise, either directly or indirectly, whether by circulars, advertisements, touts, personal communications, interviews not warranted by Personal relations, furnishing or inspiring newspaper comments or producing his photographs to be published in connection with cases in which he has been engaged or concermed. His sign-board or name-plate should be of a reasonable size. The sign-board or name-plate ot stationery should not indicate that he is or has been Presiderit or Member of a Bar Council orof any Association or that he has been associated with any person or organisation or with any Particular cause of matter or thathe specialises in any particular type of worker or that he has been a Judge or an Advocate General. That this Rule will not stand inthe way of advocates furnishing website information as prescribed in the Schedule under intimation to and as approved by the Bar Council of India. Any additional ‘other input in the particulars than approved by the Bar Council of India will be deemed to be violation of Rule 36 and such advocates are liable to be proceeded with misconduct under Section 35 of the Advocates Act, 1961. SCHEDULE 1.Name 2. Address Telephone Numbers E-mailid 3 (a) Enrolment Number (b) Date of Enrolment (c) Name of State Bar Council where originally enrolied (d) Name of State Bar Council on whose roll name stands currently (@) Name of the Bar Association of which the Advocate is Member 4. Professional and AcademicQualifications : 5. Areas of Practice (Eg.: Civil Criminal Taxation, Labour etc.) (NAME & SIGNATURE) 32Declaration 'hereby declare that the information given is true. (NAME & SIGNATURE) 37. _ Anadvocate shall not permit his professional services or his name to be used in aid of, or to make possible, the unauthorised practice of law by any law agency. 38. Anadvocate shall not accept a fee less than the fee taxable under rules when the client is able to pay the same. 39. An advocate shall not enter appearancein any case in which there is already a vakalat or emo of appearance filed by an advocate engaged fora party except with his consent; in case such consents not produced he shall apply to the Court stating reasons why the said Sgn not be produced and he shall appear only after obtaining the permission of the rt. Section VI-Duty to Render Legal Aid 46. Every advocate shall in the practice of the profession of law bear in mind that any one genuinely in need of a lawyer is entitled to legal assistance even though he cannot pay for it fully or adequately and that within the limits of an Advocate’s economic condition, free legal assistance to the indigent and oppressed is one of the highest obligations an advocate owes to Section Vil-Restriction on other Employments 47. An advocate shali not personally engage in any business; but he may be a sleeping partner in a firm doing business provided that in the opinion of the appropriate State Bar Council, the nature of the business is not inconsistent with the dignity of the profession. ° 48. Anadvocate may be Director or Chairman of the Board of Directors of a Company with or without any ordinarily sitting fee, provided none of his duties are of an executive character. ‘An advocate shall not be a Managing Director or a Secretary of any Company. 49. Anadvocate shail not be a fulltime salaried employee of any person, govemment, firm; corporation or concern, so long as he continues to practise, and shall, on taking up any * such employment, intimate the fact to the Bar Council on whose roll his name appears and Shall thereupon cease to practise ‘as an advocate so ong as he continues in such employment. “That as Supreme Court has struck down the: ‘appearance by Law Officers in Court even on behaff of their employers the Judgement will operate in the case of all Law Officers. Even if they were allowed to appear on behalf of their employers all such Law Officers who are till now appearing on behaff of their employers shall not be allowed to appear as advocates. The State Bar Council should also ensure that those Law Officers who have been allowed to practice on behalf of their employers will cease to practica. Itis made clear that those Law Officers who after joining services obtained enrolment by reason of the enabling provision cannot practice even on behatf their employers.” “That the Bar Council of india is of the view that if the said officer is a whole time employee drawing regular salary, he will not be entitled to be enrolled as an advocate. if the terms of ‘employment show that he is not n full ime employment he can be enrolled." 50. Anadvocate who has inherited, or succeeded by survivorship to a family business may continue it, but may not personally participate in the management thereof. He may continue to hold a share with 33others in any business which has decended to him by survivorship of inheritance or by w provided he does not my * Personally participate in the management thereof. 51. __Anadvocate may review Parliamentary Bills fora remuneration, edit legal tex books at a salary, do press-vetting for newspapers, coach pupils for legal examination, set ang examine question papers; and subject to the rules against advertising and full-time employment engage in broadcasting, journalism, lecturing and teaching subjects, both legal and non-legal 52. _ Nothing in these rules shall prevent an advocate from accepting after ‘Obtaining the consent of the State Bar Council, part-time employment provided that in the opinion of the State Bar Council, the nature of the employment does not conflict with his professionel wor and is not inconsistent with the dignity of the profession. This rule shall be subject to such directives if any as may be issued by the Bar Council India from time to time. CHAPTER - Iil- i (Conditions for Right to Practice) (Rules under Section 49 (1) (ah) of the Act) i i: F 1. Every advocate shail be under an obligation to see that his name appears on the roll of the State Council within whose jurisdiction he ordinarily practices. : PROVIDED that an advocate doss not apply for transfer of his name to the roll of the State Bar Council within whose jurisdiction he is ordinarity practising within six months of the Start of such practice, it shall be deemed that he is guilty of professional misconduct within the meaning of Section 35 of the. jes Act. at ) 2 An advocate shall not enter into.a partnership or any other arrangement for sharing remuneration with any; ‘or-legal practitioner whois not an advocate. 3. Every ie shall keep Informed the Bar Council an the roll of which his name stands, of every change pt his address. 5. 4. The Council ora State Counril can call upon an advocate to furnish the name of the State Council on the roll of which his name is entered, and call for other particulars. 5. (1) An advocate who voluntarily suspends his practice for any reason whatsoever, shall intimate by registered post to the State Bar Council on the rolls of which his name js entered, of such suspensions together with his certificate of enrolment in original. (2) Wheneverny such advocate who has suspended his practice desires to resume his practice, he shall apply to the Secretary of the State Bar Council for resumption of practice, along with an affidavit stating whether he has incurred any of the disquallifications under Section 24A, Chapter Il of the Act during the period of suspension; . J 7 @)_ The Enrolment Committee of the State Bar Council may. order the “fesumption of his practice and retym the certificate to him with necessary endorsement. If the Enrolment Committee is of the view that the advocate has incurred any of the:disqualifications, the Committee shall refer the matter under proviso to Section 26(1) of the Act. | (4) _ Onsuspension.and resumption of practice the Secretary shall act in terms of Rule 24 of Part IX. . 1 6. (1) Anadvocate whose name has been removed by order of the Supreme Court ora High Court or the Bar Council as the case may be, shall not be entitled to practice the profession of law either before the Court and authorities mentioned under Section 30 of the Act. or in chambers or otherwise. . (2) Anadvocate who is under suspension, shall be under same disability during the period of such suspension as an advocate whose name has been removed from the roll. 34