Duties of an Advocate towards the Court in India

An advocate shall, at all times, comfort himself in a manner befitting to his status as an officer of the Court, a privileged member of the community, and a gentleman, bearing in mind that what may he lawful and moral for a person who is not a member of Bar, or for a member of Bar in his non-professional capacity, may still be improper for an advocate.

The duties of an advocate towards the Court are as follows:-

Section 1 of the Bar Council of India Rules provides for advocate’s duties to the Court, as follows:

Rule 1.  An advocate shall, during the presentation of his case and while otherwise acting before a Court, conduct himself with dignity and self-respect. l:Ie shall not be servile and whenever there is proper ground for serious complaint against a judicial officer, it shall be his right and duty to submit his grievance to proper authority.

Rule 2. An advocate shall maintain towards the Court a respectful attitude bearing in mind that the dignity of the judicial office is essential for the survival of a free community.

Rule 3.  An Advocate shall not influence the decision of a Court by an illegal or improper means. Private communications with a judge relating to a pending case are forbidden.

Rule 4. An advocate 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 advocate himself ought not to do. An advocate shall refuse represent the client who persists in such improper conduct. He shall not consider himself a mouthpiece of the client, and shall exercise his own judgment in the use of restrained language in correspondence, avoiding scurrilous attacks in pleadings and using imperative language during arguments in Courts.

Rule 5. An advocate shall appear in Court at all times only the prescribed dress, and his appearance shall always be presentable.

Rule 6. An advocate shall not enter appearance, act, plead practise in any way before a Court, Tribunal or Authority as mentioned in Section 30 of the Act, if the sole or any member thereof is related the advocate, as father, grandfather, son, grandson, uncle, brother, nephew, first cousin, husband, wife, mother, daughter, sister, aunt niece, father-in-law, mother-in-law, son-in-law, brother-in-law, daughter-in-law or sister-in-law.

Rule 7. An advocate shall not wear bands or gown in public placed other than in Courts except on such ceremonial occasions and at such places as the Bar Council of India or the Court  may prescribe.

Rule 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, if he is the member of t e Executive Committee of such organisation or institution or society or corporation.  “Executive Committee” by whatever name it may be called, shall include any committee or body or persons which, for the time being, is vested with the general management of the affairs of the organisation or institution, society or corporation :

Provided that this rule shall not apply to such a member appearing as “amicus curiae” or without a fee in a matter affecting the affairs of Bar Council, Incorporated Law Society, or a Bar Association.

Rule 9. An advocate shall not act or plead in any matter in which he is himself peculiarly interested. For example, (i) He shall not act in a bankruptcy petition when he himself is also a creditor of the bankrupt,. (ii) He should not accept a brief from a company of which he is a director.

Rule 10. An Advocate shall not stand as a surety, or certify the soundness of a surety, for his client required for the purpose of any legal proceedings.

The abovementioned self-explanatory provisions enable an advocate to act independently and fearlessly during the course of his duty as a pleader of his client. He: has a duty and right to submit his grievance to proper authority against a judicial officer. Besides, he has to aid the Courts for due discharge of fair administration of justice by not influencing the decision of the Court by an illegal and improper means. He will not have any private communications with the judge in respect of pending cases in the Court.

In D.C Saxena v. Chief Justice of India, AIR 1996 SC 2481, the Supreme Court has held that a party or a counsel appearing before the Court should not use in his pleadings, the scurrilous allegations against the judge or the Court in order to maintain the dignity and decorum of the Court, otherwise, the reputation and dignity of the judge would disappear and the independence of the judiciary would be badly affected.   

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