DUTIES OF ADVOCATE TOWARDS COURTS AND

CLINTS

Project Submitted To:

MR. Abhishek k bharadwaj
(Faculty: professional ethics)

Project Submitted by:

Devabrat sharma

Section- C
Roll No. - 40
Semester X

HIDAYATULLAH NATIONAL LAW UNIVERSITY

RAIPUR, C.G.
TABLE OF CONTENTS

Acknowledgement3
Research Methodology.4
Abstract.5
Introduction..6
Objective ...7
Right to equality.....8
Reservation system in india..9
Mandal commission report ...13
Equality and reservation.. ..18
Conclusion..20
References22
ACKNOWLEDGMENTS
At the outset, I would like to express my heartfelt gratitude and thank my teacher, Dr.kumudi
challa mam for putting their trust in me and giving me a project topic such as this and for having
the faith in me to deliver. Mam, thank you for giving me an opportunity which help me grow.

My gratitude also goes out to the staff and administration of HNLU for the
infrastructure in the form of our library and IT Lab that was a source of great help for the
completion of this project.

Devabr
at sharma
(Semester- X)

RESEARCH METHODOLOGY
This Doctrinal research is descriptive and analytical in nature. Secondary and Electronic
resources have been largely used to gather information and data about the topic.

Books and other reference as guided by Faculty of Jurisprudence have been primarily helpful in
giving this project a firm structure. Websites, and articles have also been referred.
INTRODUCTION

In India, the Legal profession originated dring the British Rule. There is no evidence of the
existence of legal Profession before that ie. During the Hindu Rule and Mughal Dynasty period.
During that period, the administration of justice was in the hands of the King and the Kings court
was treated as the highest court of the country. There is no appeal against the order of the King.
Persons disobeyed the Kings order was charged with sedition.During that period
the King was respected as the representative of God who was sent by
the God to render justice to the people. In the Kings court the plaintiff has to represent his case
personally and thereafter the King will hear the other side. To assist and advice and the King in
the administration of justice there was a council of ministers and a group of educationalists.
During Britishers Period : The East India Company which started its business in India, during
16th century slowly started capturing important cities in India and they started administering
those areas under their control. They have created company courts and those courts were
headed by persons having no legal knowledge. And persons having no legal knowledge were
allowed to practice in the court. The first time in India, the legal profession was recognized and
regulated by the Charter Act of 1774.This Act has permitted the English lawyers to practice in
the Supreme Court of Calcutta. Later on in 1801, the English lawyers were allowed to practice
in the Madras Supreme Court and in the year 1823 they were allowed to practice in the Bombay
Supreme Court, but Indian Lawyers were not allowed to Practice in those courts. (In 1826 these
3 Supreme Courts were abolished and in that place High Courts were Created). In 1865, the
Special Rights Act has conferred the right to the Madras, Bombay and Calcutta High Courts to
frame rules for the recognition of Advocates and for preparing the Advocates roll. In 1879, the
legal practioners Act has conferred the similar power to the other High court Were allowed to
practice in that high court. As per this Act Persons studied Law in England Were called as
Advocates and persons studied Law in India were called as Vakils.The Vakils were not
allowed to practice before the High Courts. In 1923,an Advocates Committee was constituted
under the leadership of Sir. Edward to study the legal profession and to make suitable
recommendations to improve the legal profession. This committee has recommended for the
creation of Bar Councils in each High Court and allowing the Vakils to practice before the
High Court. Accepting the recommendation Bar Council Act was passed in
1926. This Act was paved the way for the creation of Bar Councils in each High Courts. But the
Bar Council was not empowered to enrole Advocates, that power was retained with the High
Courts. The function of the Bar Council was only advisery and the rules and regulations made
by the Bar Council shall be brought into force only after the concurence
from the High Court.
After Independence: After Independence in the year 1951 an Advocates Committee was
constituted under the chairmanship of Justice C.R. Das to study the problems in the legal
profession and make suitable suggestions to remedy such problems.This committee has made the
following recommendations.
1. All India level, one Bar Council namely Bar Council of India
and in each state, State Bar Council should be created.
2. Power to enrole Advocates and disciplinery power against the
Advocates should be entrusted with the Bar Council.
3. Advocates should be allowed to practice throughout India
without any discrimination.
The fifth Law Commission also scrutinized these recommendations and recommended for the
implementation of these recommendations. Accepting these recommendations, the Central Govt.
passed the Advocates Act in the year 1961 giving suitable provision for creation of Bar Councils
and the Bar Councils are entrusted with the power of regulating the legal profession.
Duties of advocate towards his client

The relationship between a lawyer and a client is highly fiduciary and it is the duty of an
advocate fearlessly to uphold the interests of the client by fair and honourable means without
regard to any unpleasant consequences to himself or any other person.

Duty to charge reasonable fees

An advocate must charge a fee consistent with his standing at the bar and the nature of the case.
The Constitution of India makes provision for the high courts to settle the table of fees payable to
advocates practising before them. An advocate must not stipulate a fee contingent on the results
of litigation, or agree to share the proceeds of litigation. This is because giving the lawyer an
interest in the subject matter of the suit is against professional ethics and violiative of public
policy. If he withdraws from a case, the advocate must refund any part of the fee that was not
earned. However, once an advocate has accepted a case, he must under no circumstances
withdraw from the same without sufficient cause and without giving reasonable and sufficient
notice to the client'.

Duty to make full and frank disclosure

An advocate must, at the commencement of his engagement and during its continuation, make
all full and frank disclosures to his client relating to his connection with the parties, and of any
interest he may have in and, or about the controversy, as is likely to affect his client's judgment in
engaging him on continuing the engagement

Duty to ensure no conflict of interest

An advocate has a duty not to accept any engagement in a trial in which he may have to give
testimony, although there is no rule of evidence disqualifying counsel from giving evidence in a
suit in which he is engaged. An advocate is not entitled to act in a professional capacity as well
as a constituted attorney of a party in the same matter or cause. If a person appoints a firm of
lawyers as his advocates, none of the partners of the lawyers' firm can act as recognized agents in
pursuance of a power of attorney concerning the same cause. An advocate who has at any time
advised a party in connection with the institution of a suit, appeal or other matter or has drawn
pleadings or acted for a party, must not act, appear or plead for the opposite party, unless the
express consent given of all concerned is obatined, after full dislcosure of facts. In case an
advicate feels that there will be conflict of interest in filing a case on behalf of his client, his duty
is to advise his client to engage some other advocate.

Duty of care to client

An advocate should ensure that the interests of the client are not in any manner hurt by his acts
or omissions. He must also defend a person accused of a crime, regardless of his personal
opinion as to the guilt of the accused and must not abuse or take advantage of the confidence
reposed in him by the client. When counsel does not inform the client of the subsequent
proceeding of the case, he commits a breach of this duty and is therefore liable for professional
negligence.

Duty to maintain confidentiality

The relation between a law-yer and a client involves the highest degree of personal trust and
confidence. The Indian Evidence Act specifically provides that no lawyer is any time permitted,
to disclose any communication made between hs ceint and himself during the course of the
engagemnt unless it is with his client's express permissison.

Duty to act only on clients instructions

The engagement of a lawyer comes to an end when the client becomes unable to give
instructions because of his mental illness or other reasons. An advocate acting on the instructions
of an agent and not the instructions of the client, commits professional misconduct.

Duty to the law

Though a lawyer has the duty to represent his client to the best of his ability, he should not
neglect the fact that his loyalty is to the law. An advocate must also not be a party to fomenting
of litigation. He should not suppress facts or conduct the prosecution that leads to conviction of
the innocent.
Duty to the Court
1. An advocate shall, during the presentation of his case and while otherwise acting before a
court, conduct himself with dignity and self-respect. He 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 authorities.

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

3. An advocate shall not influence the decision of a court by any illegal or improper means.
Private communications with a judge relating to a pending case are forbidden.

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 advocates himself ought not to do. 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, and shall exercise his own judgement in the use of
restrained language in correspondence, avoiding scurrilous attacks in pleadings, and
using intemperate language during arguments in court.

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

6. An advocate shall not enter appearance, act, plead or practise in any way before a court,
Tribunal or Authority mentioned in Section 30 of the Act, if the sole or any member
thereof is related to the advocate as father, grandfather, son, grand-son, 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.

For the purposes of this rule, Court shall mean a Court, Bench or Tribunal in which above
mentioned relation of the Advocate is a Judge, Member or the Presiding Officer.

7. An advocate shall not wear bands or gown in public places other than in courts except on
such ceremonial occasions and at such places as the Bar Council of India or the court
may prescribe.
8. Provided that this rule shall not apply to such a member appearing as "amicus curiae" or
without a fee on behalf of a Bar Council, Incorporated Law Society or a Bar Association.

Provided that this rule shall not apply to such a member appearing as "amicus curiae" or
without a fee on behalf of a Bar Council, Incorporated Law Society or a Bar Association.
9. An Advocate should not act or plead in any matter in which he is himself peculiarly
interested
Illustration
I. He should 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 Director.
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