Restrictions on other employment......

A NOTE OF CAUTION RESTRICTION ON OTHER EMPLOYMENT

Part VI Chapter II Sec. 7, Bar council of India Rules
Section Vll- Restriction on other Employments >

1. Section 47. An advocate shall 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.
Section 48. An Advocate 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.
2 An advocate shall not be a full-time salaried employee of any person, government,
firm, corporation or concern, so long as he continues to practice, 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 practice as an advocate so long as he continues
in such employment.
Nothing in this rule shall apply to a Law Officer of the Central Government of a State or
any Public Corporation or body constituted by State who is entitled to be enrolled under
the rules of his State Bar Council made under Section 28(2) (d) read with Section 24 (1)
(e) of the Act despite his being a full time salaried employee.

Law Officer for the purpose of these Rules means a person who is designated by the
terms of his appointment, and who, by the said terms, is required to act and/or plead in
Courts on behalf of his employer.

3 An Advocate who has inherited, or succeeded by survivor ship to a family business

may continue it, but may not personally participate in the management thereof. He may
continue to hold a share with others in any business which has descended to him by
survivorship of inheritance or by will, provided he does not personally participate in the
management thereof.

4 An Advocate may review parliamentary Bills 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; and subject to the rules against advertising and full-time
employment, engage in broadcasting, journalism, lecturing and teaching subjects both
legal and non-legal.

5. 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
professional work 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 of India
from time to time.
Professional Conduct and Etiquette......
NOW A WORD ABOUT WHAT AFTER THE ENROLMENT AS AN ADVOCATE

You would naturally be anxious to know the ought and ought not after you have enrolled
as an advocate? Let us, therefore, tell you something about the standards of
Professional Conduct and Etiquette.

Standards of Professional Conduct and Etiquette

Part VI chapter II - Bar council of India Rules ( Rules under Section 49(1)(c) of the
Advocates Act r/w the proviso thereto.

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, bearing
in mind that what may be lawful and moral for a person who is not a member of the Bar,
or for a member of the Bar in his non-professional capacity may still be improper for 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 spirit. The rules hereafter mentioned contain
canons of conduct and etiquette adopted as general guides: yet the specific mention
thereof shall be constructed as a denial of the existence of other equally imperative
though not specifically mentioned.

SECTION - 1 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 officer 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 Advocate himself ought not to do. An Advocate shall refuse
to represent the client who persists in such improper conduct. He shall not consider
himself if a mere mouth piece of the client, and shall exercise his own judgement in the
use of restrained language in correspondence, avoiding scurrious attacks in pleading,
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 practice 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. For the
purposes of this Rule, Court shall mean, a Court, bench, 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. An Advocate shall not appear in or before any Court or Tribunal or any other
authority for or against an organization or an institution, society or corporation, if he is a
member of the Executive Committee of such organization or institution or society or
corporation.” Executive Committee”, by whatever name it may be called, shall include
any Committee or body of person which, for the time being, is vested with the general
management of the affairs of the organization 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 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 pecuniarily
interested.
ILLUSTRATION
I. He should not act in 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.
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.

SECTION - 2 DUTY TO THE CLIENT

11. An advocate is bound to accept any brief in the Courts or Tribunals or before any
other authority in or before which he profess to practice 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. An Advocate shall not ordinarily withdraw from engagements one accepted, without
sufficient cause and unless reasonable and sufficient notice is given to the client. Upon
his withdrawal from a case, he shall refund such a part of the fees as has not been
earned.
13. 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 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 if he can retire without jeopardising his client’s interest.
14. An Advocate shall at the commencement of his engagement and during the
continuance thereof, make all such full and fraud disclosures 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 continue the engagement.
15. It shall 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 or any other. He shall defend a person accused of a crime regardless of his
personal opinion as to the guilt of the accuse, bearing in mind that his loyalty is to the
law which requires that no man should be convicted without adequate evidence.
16. An Advocate appearing for the prosecution in a criminal trial shall so conduct the
prosecution that it does not lead to conviction of the innocent. The suppression of
material capable of establishing the innocence of the accused shall be scrupulously
avoided.
17. An Advocate shall not directly or indirectly, commit a breach of the obligations
imposed by Section 126 of the Indian Evidence Act.

18. An Advocate 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 or
his authorised agent.
20. An Advocate shall not stipulate for a fee contingent on the results of litigation 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 or 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. An Advocate 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.
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 an Advocate.
24. An Advocate shall not 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 as to whether the amounts have been received for
fees or expenses, and during the course of the proceedings, no Advocate shall, except
with the consent in writing of the client concerned, be at liberty to divert any portion of
the expenses towards fees.

Rules 20 and 21 regulating professional conduct and etiquette specifically lay down that
an Advocate shall not stipulate for fee contingent on the result of the litigation or agree
to share the proceeds thereof and that he shall not stipulate for or agree to receive any
share or interest in any actionable claim. (Xavier v State of Kerala, 1974
KLT227:AIR1974Ker.l90).
27. Where any amount is received or given to him on behalf of his client the fact of
such receipt must be intimated to the client as early as 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
proceedings for which he had been engaged, the 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 furnished to him on demand provided the
necessary copying charge is paid.
31. An Advocate shall not enter into arrangements whereby funds in hands are
converted into loans.
32. An Advocate shall not lend money to his client, for the purpose of any action or
legal proceedings in which he is engaged by such client.
Explanation- An Advocate shall not be held guilty of a breach of this rule, if, in the
course of a 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 court on account of the client for the progress of the suit or
proceedings.
33. An Advocate who has, at any time, advised in connection with the institution of a
suit, appeal or other matter or has drawn pleadings or acted for a party, shall not act,
appear or plead for the opposite party.

SECTION III-DUTY TO OPPONENT

34. 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.
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 enforce under the rules of the
court.

SECTION IV-DUTY TO COLLEAGUES

36. An Advocate shall not solicit works or advertise, either directly or indirectly, whether
by circulars, advertisements, touts, personal communications, interview not warranted
by personal relations, furnishing or inspiring newspaper, comments or producing his
photograph to be published in connection with cases in which he has Rule 33: It is not in
accordance with professional etiquette for an advocate while retained by one party
accept the brief of the other. It is unprofessional to represent conflicting interests
except by express consent given by all concerned after a full disclosure of the facts.
(Chandra Shekhar Soni v Bar Council of Rajasthan AIR 1983 SC 1012)
His sign-board or name -plate should be of a reasonable size. The signboard or name-
plate or stationery should not indicate that he is or has been President or Member of Bar
Council or any Association or that he has been associated with any person or
organisation or with any particular cause or matter or that he specialises in any
particular type of work or that he has been a Judge or an Advocate General.

37. An Advocate 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 agency.
38. An Advocate shall not accept a fee less than the fee taxable under the rules when
the client is able to pay the same.
39. An Advocate shall not enter appearance in any case in which there is already a
vakalath or memo of appearance filed by an Advocate engaged for a party except with
his consent; in case such consent is not produced he shall apply to the Court stating
reasons why the said consent could not be produced and he shall appear only after
obtaining the permission of the Court. An Advocate should be as disciplined as the sum.
He should be molded to perfection. Every one should be proudly interested in the up
gradation and purity of the profession.
Form of dresses or robes to be worn by Advocates......

FORM OF DRESSES OR ROBES TO BE WORN BY ADVOCATES

Part VI Chapter IV of Bar Council of India Rules
(Rules under Section 49(1) (gg) of the Advocates Act)

Advocates appearing in the Supreme Court, High Courts, Subordinate Courts, Tribunals

or Authorities shall wear the following as part of their dress which shall be sober and

dignified.

I Advocates

(a) a black buttoned up coat, chapkan, achkan, black sherwani and white bands with

Advocates’ Gowns.

(b) a black open breast coat, White shirt, White collar, stiff or soft, and white bands with

Advocates’ Gowns. In either cases wear long trousers (White, Black Striped or grey) or

dhoti excluding jeans.

Provided further that in courts other than the Supreme Court, High Courts, District

Courts, Sessions Courts or City Civil Courts, a black tie may be worn instead of bands.

II Lady Advocates

Lady Advocates may wear either the dress prescribed in Sub-Rule (b) or the following:

(a) Black full sleeve jacket or blouse, White collar, Stiff or soft, with white bands and

Advocates’ gowns.

White blouse with or without collar, with white bands and with a black open breasted
coat.

OR

(b) Sarees or long skirts (white or black or any mellow or subdued colour without any

print or design) or flare

(white, black or black stripped or grey) or Punjabi dress churidar kurta or Salwar-Kurta

with or without dupatta (white or black) or traditional dress with black coat and bands.

III Wearing of Advocates’ gown shall be optional except when appearing in the Supreme

Court or in High Courts.

IV Except in Supreme Court and High Courts during summer, wearing of black coat is

not mandatory.

These amendments have been approved by the Hon’ble Chief Justice of India vide letter

dt. 12-11 -2001 subject to the incorporation of ‘except in Supreme Court and High Court

during summer wearing a black coat is not mandatory’ which is now added as Rule IV

given above.

The amended rules in chapter IV, part VI of the Bar Council of India Rules relating to

“Form of Dresses or robes to be worn by Advocates” had been communicated to the

State Bar Councils vide our circular No. 6/2002 dated 25.01.2002. The Bar Council of

India at its meeting dated 23rd/24th February, 2002 considered the doubts raised

relating to dress rules and after consideration the following decision has been taken:

“In the change brought about in the dress rules, there appears to be some confusion in

so far as the sub courts are concerned. For removal of any doubt it is clarified that so far

as the courts other than Supreme Court and High Courts are concerned during summer

while wearing black coat is not mandatory, the advocates may appear in white shirt

with black or striped or grey pant with black tie or band and collar”.

Section 24A, Advocates Act

1. No person shall be admitted as an Advocate on the State roll:

(a) if he is convicted of an offence involving moral turpitude:

(b) if he is convicted of an offence under the provisions of untouchability (Offences) Act

1955 (22 of 1955)

(c) if he is dismissed or removed from employment or office under the State on any

charge involving moral turpitude.

(Explanation:- In this clause, the expression “State” shall have the meaning assigned to

it under Article 12 of the Constitution)

Provided that the disqualification for enrolment as aforesaid shall cease to have effect

after a period of two years has elapsed since his release or dismiss, or as the case may

be, removed

2. Nothing contained in sub section ( 1 ) shall apply to a person who having been found

guilty is dealt with under the provisions of the Probation of Offenders Act 1968 (20 of

1968)

“ 7A. Any person applying for enrolment as an Advocate shall not be enrolled, if he is

dismissed, retrenched, compulsorily retired, removed or otherwise relieved from

Government service or from the service under the control of the Hon’ble High Courts or

the Hon’ble Supreme Court on the charges of corruption or dishonesty unbecoming of

an employee and a person having such disqualification is permanently debarred from

enrolling himself as an advocate”*.

* Amended vide Resolution No.63/1993 Dt.20th August 1993

* Rule 7A came into force Gazette 26-2-2000.