Bar Council of India has prescribed certain rules to deal with complaints against advocates and the procedure to be followed by the Disciplinary Committee. These rules are summarised hereunder: Chapter I of Part VII of Bar Council of India Rules deals with the procedure which the Disciplinary Committee of State Bar Council and the Bar … Read more
An advocate’s duties are not carried out in a vacuum. While facing financial and competitive pressures, advocates must fulfill and balance their duties to the client, opposing counsel, the administration of justice and society. General duties of an advocate are given below:- (1) To maintain cordial and fiduciary Relations with Clients:- Due to the confidential … Read more
An advocate has not to engage himself in any other trade or business while carrying on the legal profession. Persons who wish to take up this profession must take their choice. Advocate is deemed to be the responsible person in society. The provisions relating to rights of advocates have been described under Sections 29, 30, … Read more
“The eighth Lamps of Advocacy” which have been referred as the qualities for an advocate to be successful at the bar, are as follows: (1) Honesty, (2) Courage, (3) Industry, (4) Wit, (5) Eloquence, (6) Judgment, and (7) Fellowship. (8) Tact 1. Honesty:- Honesty is the best policy but in case of an advocate, it should … Read more
According to Bar Council of India Rules, an advocate can carry on legal practice after fulfilling following conditions: (1) An advocate who is in partnership business with someone, cannot carry on legal practice. (2) An advocate whose name is on the roll of any Bar Council, is required to inform the change of his address … Read more
Bench and Bar are the two arms of the same machinery and unless they work harmoniously, justice cannot be properly administered through the courts of law. But lapses occur from both sides, which tend to stiffen their relationship. The lawyers in the discharge of their duties have sometimes to use expressions that may not be … Read more
Contempt of court, often referred to simply as “contempt”, is the offense of being disobedient to or disrespectful towards a court of law and its officers in the form of behavior that opposes or defies authority, justice, and dignity of the court. A judge who feels someone is improperly challenging or ignoring the court’s authority has the power to … Read more
Section IV of the Bar Council of India Rules, describes the duties of an advocate towards his colleagues under Rules 36, 37, 38 and 39 these duties of an advocate have been enumerated. Under Rule 36, an Advocate shall not solicit work or advertise (either directly or indirectly) whether by circulars or advertisement, touts, personal … Read more
Advocate has fiduciary relationship with his client. He has to serve the interest of his client by protecting him in the litigation to the best of this capacity and ability in the court of law. He is not only an agent for his client rather something more than that. Although the relationship of an advocate … Read more
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 … Read more