Not bid or transfer property arising of legal proceeding. In a witness action the position may be different. An advocate shall not accept a fee less than the fee, which can be taxed under rules when the client is able to pay more. Not represent establishments of which he is a member. Refuse to appear in front of relations. An advocate shall not solicit work or advertise in any manner.
All members of the legal profession have a paramount duty to the court and towards the administration of justice. An advocate should always remember that his loyalty is to the law, which requires that no man should be punished without adequate evidence. An advocate should always show respect towards the court. It appears that whichever way he acts the lawyer may later have pangs of conscience. Where any amount is received or given to him on behalf of his client, the advocate must without any delay intimate the client of the fact of such receipt. A related issue is to what extent the duty of a lawyer to the Court compels him to cite all possible decisions which he is aware of even though some of them may be contrary to what he is briefed to argue.
Conclusion Professional ethics can also be stated as the duties that have to be followed by an advocate during his profession. Is it the duty of the advocate in these circumstances to bring these facts to the notice of the Court for considering whether to order a retrial? An advocate should act in a dignified manner at the time presentation of the case and when acting before a court. An advocate undoubtedly owes a duty to his fellow professional: not to run him down or attempt to take over his brief. Upon withdrawal, he shall refund such part of the fee that has not accrued to the client. For example, a suit is filed by A claiming damages from B who had assaulted him. Sometimes a client realizes that he is bound to fail in his plea before the Court but he would like to postpone the evil day.
He shall not blindly follow the instructions of the client. Some purist may contend that in taking this stand the lawyer is not discharging his duty to the Court. An advocate should not act or plead in any matter in which he has financial interests. No transaction with the property of the Client : It is the legal binding on the advocate that he cannot do any transaction with the disputed property. Uphold interest of the client.
He shall not use unparliamentary language during arguments in the court. An advocate has to bear in mind that the dignity and respect maintained towards judicial office is essential for the survival of a free community. Advocates who abstain from attending work due top strike call can be marked with costs. First, the implied authority of counsel is not an appendage of office, a dignity added by the Courts to the status of barrister or advocate at law. The classical view would be he should not. Client is the foundation stone of legal profession. The meticulous performance of these duties with care and precision is itself the performance of his duty to Society.
If for any reason it appears that the judge is acting unreasonably and making comments which are wholly uncalled for either against the litigant or the lawyer or the legal profession it is his duty to stand up to the judge and, as politely as possible, to correct him. In a nut shell, if you are an advocate your service to the common man should be compassionate, moral and lawful. An advocate shall after the termination of proceedings, be at liberty to adjust the fees due to him from the account of the client. I feel that unless the lawyer is present throughout the hearing of the appeal and has heard the arguments of opposing Counsel he would not be able to give off his best to the client or to render full assistance to the Court. An advocate should not accept a brief or appear in a case in which he himself is a witness. He should not blindly follow the instructions of the client and should not outrageously damage the reputation of the parties during pleadings. He states that they are seen as fortune seekers rather than seeking to serve, a selfish class, who, on account of the special knowledge and expertise, provide services on such terms as they please.
The disciplinary committee is required to fix a date for hearing the case and issue a notice to the advocate concerned and the Advocate General of the state. An advocate should not trade or agree to receive any share or interest in any actionable claim. He should choose which case he will attend to and return the other briefs in good time or have the other hearing adjourned. It is not the duty of the lawyer to cite decisions rendered by other Courts which are not binding. For some instance, he should not act in any bankruptcy petition when he is also a creditor of the bankrupt. However, it does not prevent an advocate from bidding for or purchasing for his client any property on behalf of the client provided the Advocate is expressly authorised in writing in this behalf.
The Supreme Court felt that the advocate son, rather than the judge father, withdraws from the case. An interesting instance of conflict of duties may arise when a lawyer accepts a directorship. An advocate shall refuse to represent the client who persists in such improper conduct. Not communicate in private with spouses 4. 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. He shall not promote himself by circulars, advertisements, touts, personal communications, interviews other than through 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 concerned.
Court are not bound to adjourn the cases because lawyers are on strike. Dear All, Advocates, in addition to being professionals, are also officers of the courts and play a vital role in the administration of justice. An advocate shall do so without regard to any unpleasant consequences to himself or any other. The balance in the account can be the amount paid by the client or an amount that has come in that proceeding. He will not have any private communications with the judge in respect of pending cases in the Court.