To accept a brief where the client is able to pay the fee and no conflict of interest or other reasonable justification exists; To not accept brief where there is a conflict of interest with the client unless a frank disclosure has been made to the client about such conflict. act with competence, honesty, and courtesy towards other solicitors, parties and witnesses. He is required, when necessary to supply any useful document or information to his opponent at the right time. An Advocate advances money to a client for the purpose of a litigation The relationship between an advocate and his client is very fiduciary. The advocate is supposed to be courteous towards the court, other advocates, witnesses, and parties to the suit. To accept a brief where the client is able to pay the fee and no conflict of interest or other reasonable justification exists; To not accept brief where there is a conflict of interest with the client unless a frank … Duties of an Advocate . The client must also not feel that his presence is unwanted. So, it is the duty of every individual to fulfill its duties and […] 1. Advocate should try best to get justice to the client. B) Illegal agreements are always voidable . the court. Advocate is restricted to involve himself in unfair practice against his opponent. It is the duty of the advocate to cooperate with the bench in the court. It is the duty of the advocate to perform his functions in such a manner An advocate is duty bound to carry out legitimate promises made to the opposite party. He should levy fees which is at par with the fees collected by fellow advocates of his standing at the Bar and therefore the nature of the case. Bound to accept briefs-An advocate is bound to accept any brief in the courts or tribunals or before any other authority in or before which he proposes to practise. acts. B ound to accept briefs. When an advocate accepts a brief, he should attend all adjournments Advocate is called to serve both the interests of justice and those rights and privileges that are entrusted to him/her to defend the rights of his/her client. He should levy fees which is at par with the fees collected by fellow advocates of his standing at the Bar and the nature of the case. Advocate's Duty to the Opponent Advocate. Advocates have a large responsibility towards the society. An advocate is bound to accept any brief in the Courts or Tribunals or before any authority in or before which he professes to practise at a fee consistent with his standing at the Bar and the nature or the case. Every advocate has rights and The supreme court, and High courts have power to issue writs in the nature of habeas corpus , quo... Trade Unionism had made its headway owing to growth of industrialization and An advocate is sure to accept any brief within the courts or tribunals or before the other authority in or before which he proposes to practise. An advocate shall conduct himself with dignity and self-respect. Respect towards the professional activities of the advocate is … 1) An advocate shall not communicate or negotiate upon the subject matter of controversy with any party represented by an advocate except through that advocate. Advocates Immunity and the Duty to the Court> The doctrine of advocate’s immunity provides an advocate (whether that be a solicitor or a barrister) with immunity for any claims that may be brought arising out of the advocate’s conduct of litigation. Advocate & Client : Section II of the Bar Council of India Rules, 1975 (for short, “the BCI Rules”), in Part VI, Chapter II provides for duties of an advocate towards his client. towards various parties such as client, opponent, colleagues, public etc. Rules on Advocates Duty towards Court: The Bar Council of India has made certain rules so as to prescribe duties of an advocate towards the court. Many of these duties may conflict with one another due to clash of interests. He should at all times conduct himself with self-respect. The advocate must not forget that he is not fighting the battle of his client but he is also assisting the court in the administration of justice. He has to keep An advocate cannot be as a surety for his client. Duties Of An Advocate Towards a Client are-1. Officers of the adversary system although, in theory, client reps, although, in addition to professionals! Advocate is supposed to respect his opponent in their dealings. Duty to the court 2. In such case, an advocate should not prolong the matter and create nuisance before the court. ... it is his moral obligation to accept such order and discharge his duties towards the court and the accused by the best use of his knowledge and ability. Sohrab Erach Dastur, Senior Advocate Eminent Jurist Soli Dastur draws upon his rich experience of the past five decades to lay down the duties and accountability of lawyers and how they should deal with several ethical problems and areas of conflict that arise in day-to-day practice. • An advocate should not act on the instructions of any person other than his client or the client's authorized agent. For example, if the opponent advocate has asked the adjournment of a case on genuine grounds. RULES & DUTY OF AN ADVOCATE TOWARDS THE COURT 1. An advocate shall not in any way communicate or negotiate or call for settlement upon the subject matter of controversy with any party represented by an advocate except through the advocate representing the parties. duties. An Advocate should not give any such advice knowingly that could effect negatively. Duties Of An Advocate Towards a Client are-1. As an officer of the court one is also expected to assist the court to arrive at a fair and just decision. In legal profession, it is all about the behaviour of a person at the time of 1. Advocate duties towards his client. These rules have been placed there under section 49(1) (c) of the Advocates Act, 1961. He should give due importance to his opponent Advocate. Rules on an Advocate’s duty towards the opponents. Examination, Cross – examination, chief examination of witness and. What is relationship between an advocate and his client? According to Bar Council of India Rules as provided hereunder following are the duties of an advocate towards his client: Rule 11. Note - The information contained in this post is for general information purposes only. Bar Council of India has framed the rules under part VI of chapter II dealing with the standard of professional conduct of lawyers. There under section 49 ( 1 ) ( c ) of the BCI rules 39 rules or duties an. An Advocate’s duty towards the Opponent. 31) An advocate's duty is as important as that of a Judge. Just as it is the right of the advocate not to be interrupted by the court ,so it his duty not to interrupt his opponent. According to Salmond, in the whole range of legal theory, there is no conception more difficult than that of Possession. This paper mainly focuses on conduct of advocates. Rules on Advocates Duty towards Court: The Bar Council of India has made certain rules so as to prescribe duties of an advocate towards the court. Thus these are duties of advocates towards his client that must be practiced by advocates to protects the rights of client. The Rules are prefaced with a number of "principles", the first of which is that 'barristers owe their paramount duty to the administration of justice'. An advocate Stands in a loco parent is towards litigant. The advocate's statutory duties under civil procedure legislation. Respectful attitude must be maintained by the advocate. He should levy fees which is at par with the fees collected by fellow advocates of his standing at the Bar and the nature of the case. An advocate is bound to accept any brief in the Courts or Tribunals or before any authority in or before which he professes to practise at a fee consistent with his standing at the Bar and the nature or the case. irrespective of their profession and it is not just limited to legal profession. Responsibilities Of Advocate Towards His Profession Posted By: Lawprudentia January 05, 2019 Leave a Reply In law, advocate a person who is professionally qualified to plead the cause of another in a court of law. Now you might be thinking that what if the advocate fails to practice any of the duties, plan to cheat, or infringe the rights of the client? Can an advocate appear for a party in a case in which the presiding Bench – Bar Relationship 16 - 17 10. Lawyers Duty to Opponent Party(Rule34&35) Rule 34 &35 deals with the duties of an Advocate to the opponent party. Rules & Duty Of An Advocate Towards The Client 1. A member of the Bar undoubtedly owes a duty to his client and must place before the court all that can fairly and reasonably be submitted on behalf of his client. 3. Advocates duty towards Opponent 12 - 12 8. Other Duties: There are many other duties of an advocate towards client apart from the above-mentioned duties. # to carry out all valid promises made to the opposite party. It is the duty of an advocate to not influence and let the decision of court free from influence by any illegal or … He should advice client properly and in a proper way. Act in a dignified manner: During the presentation the case and while acting otherwise as an advocate … It is the duty of an Advocate that he should be fair to his opponent. Rules 15 and 19 of the BCI Rules, has relevance to the subject matter and therefore, they are extracted below: Rule 15. B ound to accept briefs They go on to state that a barrister has an overriding duty to the court to act with independence in the interests of the administration of justiceand must not deceiv… 2) An advocate shall not mislead an opponent, or put him on the wrong scent regarding any point in the case. He shall also use his best efforts to restrain and prevent his client from acting in any illegal, improper manner or use unfair practices in any mater towards the judiciary, opposing counsel or the opposing parties. Lawyers Duty towards the Opponent An advocate has some responsibilities to opponents, also such as: # he cannot communicate or negotiate with any party represented by an advocate except through that Advocate upon the subject matter of conflict. He should not mislead by concealing or withholding facts to his opponent. The Duties And Accountability Of Lawyers. BARRISTER, SOLICITOR, ADVOCATE, ATTORNEY AT LAW, COUNSEL, WAKEEL OR LAWEY ME FARK. Duties of Advocate towards the opponent Carry out legitimate promises made. The advocate must not forget that he is not fighting the battle of his client but he is also assisting the court in the administration of justice. An advocate shall not negotiate directly with opposing party by any means of communication or negotiate or call for settlement upon the subject matter of differences. And also while acting before a court, an advocate needs to maintain are mentioned in Chapter,. A advocate is bound to accept any brief in the courts or tribunals or in any other authority or before which he proposes to practice. Duties of Advocate towards the opponent Carry out legitimate promises made. Bound to accept briefs An advocate is bound to accept any brief in the courts or tribunals or before any other authority in or before which he proposes to practise. Clients and not the counsel are litigants. Act in a dignified manner During the presentation of his case and also while acting before a court, an advocate should act in a dignified manner. There are various other duties and rules that are provided to be followed by an Advocate. It is the duty of an Advocate that he should be fair to his opponent. He should avoid all unnecessary delays. He should give due importance to his opponent. Duties of an advocate towards his client 1. It is the duty of an Advocate that he should be fair to his opponent. Not to negotiate directly with opposing party. B) Every agreement is a contract. The client is the one who has the utmost belief towards his advocate. This paper will discuss about the duties of advocate 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. Although the advocate is under a fundamental duty to give of his best for the client’s interest, the advocate must be mindful of his other legal duties which may conflict with client’s interest. An advocate shall not in any way communicate or negotiate or call for settlement upon the subject matter of controversy with any party represented by an advocate except through the advocate representing the parties. Jv’n Devashree Awasthy – faculty of law and governance – Jayoti Vidyapeeth Women’s University. not be affected. The Advocate must not forget that he is not fighting the battle of his client but he is also assisting the court in the administration of justice. They are as follows. 3. It is the duty of the advocate to prevent his client from resorting to decision given by the court. If has, under what circumstances? An advocate should refuse to act in an illegal or improper manner towards the opposing counsel or the opposing parties. Advocates duty towards Opponent 12 - 12 8. disciplinary committee? Legal Service India.com is Copyrighted under the Registrar of Copyright Act (Govt of India) © 2000-2021. Lawyers Duty towards Court Duties of Advocates to courts are: # to maintain a respectful attitude and dignity towards courts. Respect. 1. Dr. Kailash Rai. He should at all times conduct himself with self-respect. Rules & Duty Of An Advocate Towards The Client 1. As advocate, a lawyer zealously asserts the client's position under the rules of the adversary system. Contempt by Lawyers 18 - 19 12. Other Duties of an Advocate 12 - 15 9. An advocate shall not, at any time, be a party to fomenting of litigation. An advocate while presenting his case should conduct himself with THE NATIONAL ACADEMY BY SIR UMAR. 3.4) Duty of an Advocate’s Towards Fellow Advocates An advocate should on all occasions show respect towards the court. Duty to the opponent; and 4. What are the rules to be observed by an advocate during the cross - judge of that court is his wife? An advocate shall not in any way communicate or negotiate or call for settlement upon the subject matter of controversy with any party represented by an advocate except through the advocate representing the parties. Advocates have a large responsibility towards the society. It is the duty of advocate to not take advantage of temporary difficulties of the opponent advocate. Objective Questions with Answers on Law Of Contracts - 19, Possession : Meaning, Definition and Kinds of possession, Objective Questions with Answers on Law Of Contracts - 18, Objective Questions with Answers on Law Of Contracts - 17. He shouldn’t present false and forged documents; Advocate should try to solve the disputes by compromise. Or should not disclose any weak point of his client with the opposition. Duties towards the client. Thus these are duties of advocates towards his client that need to be practiced by advocates to guard the rights of the client. There are various other duties and rules that are provided to be followed by an Advocate. Duties of an Advocate towards the court: To maintain a respectful attitude towards the courts and legal system. Such duties may be explained as follow: i. B. It is the duty of an advocate to welcome his client in the chamber. He should not use undue influence over his client. Act in a dignified manner During the presentation of his case and also while acting before a court, an advocate should act in a dignified manner. Dress code has to be maintained by the advocate while appearing before Legal Ethics (Accountability for lawyers and Bench – Bar Relations) – 1. 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. Comments. Dr. Kailash Rai, Lectures on Professional Ethics and Accountancy for lawyers and Bench – Duty to opponent- Rule 34 and 35 framed by the Bar Council of India contains a provision as to the duties of an advocate to the opponent. Duty to Opponents and other Advocates The advocate also has a duty to the opponents to carry out the legitimate promises made and not to negotiate directly with the opposite party. 15. The client should be treated nicely by the advocates. RULES ON AN ADVOCATE’S DUTY TOWARDS THE CLIENT. The client is the one who has the utmost belief towards his advocate. Duty to the client 3. that due to his acts the honor, dignity and integrity of the courts shall 8. The Barristers Uniform Conduct Rules commenced on 1 July 2015 and cover (amongst other things): 1. Law relating to Legal Profession; Salient Features of the Advocates Act, 1961 (contd.) An Advocate should not meet with opposition parties with aim of doing conspiracy. Cooperation. the permission from the court concerned. ADVOCATE’S DUTY TOWARDS OPPONENTS. Rules on the professional standards that an advocate needs to maintain are mentioned in Chapter II, Part VI of the BCI Rules. Accordingly, the set of rules that govern their professional conduct arise out of the duty that they owe the court, the client, their opponents and other advocates. The advocate's duty to the court under the Legal Profession Uniform Conduct (Barristers) Rules 2015 ("The Barristers Uniform Conduct Rules"); and. He should not use undue influence over his client. capitalism. Towards the other advocates, there is a duty not to promote the … 3.1) Duties of an Advocate’s Towards the Court. Advocate is called to serve both the interests of justice and those rights and privileges that are entrusted to him/her to defend the rights of his/her client. 3.3) Duty of Advocate’s to Opponents. 2. An Advocate should not accept gifts, fees from opposition party. It is the duty of the Advocate to take care of the interest of his client and tell him the exact laws and provision of the particular case and what are the remedies. in mind the dignity of the judge. Advocate and his Opponent: The advocate should maintain towards his opponent utmost cordiality. Advocates duty to his opponent and collages In Hindi | professional ethics in law | Dr.A.C.Nakshathr. He should not hurt the interest of his client by any of his acts or omission in any manner. He should not mislead by concealing or withholding facts to his opponent. As advisor, a lawyer provides a client with an informed understanding of the client's legal rights and obligations and explains their practical implications. Contempt Liability of State, Corporate bodies & Officers 19 - 19 14. Don’t disclose professional communication: Advocate’s duties do not merely start from and end in faithful performance of assignments. Bar Rekations – Dr. Rega Surya Rao, Legal Ethics ( Accountability for lawyers and Bench – Bar Relations) – • An advocate should not be a party to stir up or instigate litigation. They are also different from product managers, who also have an advocacy role. Some of the basic and crucial duties are summed up below:-RULES ON AN ADVOCATE’S DUTY TOWARDS THE CLIENT-• Bound to accept briefs. BRIEFS 5.1 Briefs E.1 5.2 Retainers E.2 ... Subject to what has been said above, it is the duty of every advocate to whom the privilege of practising in Courts of Law is afforded, to undertake the defence of an accused person who requires his services. Accordingly, the set of rules that govern their professional conduct arise out of the duty that they owe the court, the client, their opponents and other advocates. An advocate should not laugh or speak loudly in the court room Duties Of An Advocate Towards His Client It is seen that 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 honorable mainly means without regard to any unpleasant consequences to himself or any other person. Carry out legitimate promises made. Particularly in criminal cases, it An advocate has a duty towards his client, the court, his opponent and himself. Other Duties of an Advocate 12 - 15 9. There are many other duties of an advocate towards client apart from the above-mentioned duties. This chapter state 39 rules or duties of the lawyer against court, client, opponent etc. If he has any other work in another court, he should first obtain This long but important post tells you about: 1. A client's relationship with his/her advocate is underlined by utmost trust. Fairness. Sharma v. High Court of Punjab & Haryana, had the occasion to examine the rules regarding Professional Conduct and etiquettes of advocates.The case in hand dealt with the contemptuous conduct of advocates before a magistrate, which resulted in suo moto initiation of contempt proceedings by the Punjab & Haryana High Court. Not withdraw from service; Bound to accept briefs; Not appear in matters where he himself is a witness Advocate’s Duty Towards The Client 3. properly. is the first and foremost duty of an advocate to attend. An advocate shall not act on the instruction of any other person other than his client or authorized agent. in which he is engaged. While the case is going on, the advocate cannot leave the court without 12:02. 14. It is only limited to the court premises. A) Competent parties B) Reasonable terms and condition... Let's see meaning of 'Damnum sine injuria' Meaning - Damnum means = Damage in the sense of money, Loss of comfort ... 1) Give correct answer : A) Void agreements are always illegal. 2. Whether the bar council of India can review an order passed by the especially when the proceedings are going on. Duties towards the client. According to Bar Council of India Rules as provided hereunder following are the duties of an advocate towards his client: Rule 11. RULES ON AN ADVOCATE’S DUTY TOWARDS THE COURT 1. Is it considered as a professional misconduct? 2. study materials for BSL,LLB, LLM, and Various Diploma courses. Advocate’s duty towards his opponent counsel Not to negotiate directly with opposing party; The advocate should not in any way directly communicate with the opposing party regarding any matter of the case except through the advocate representing the party. examination? Kenya Legal Professional Ethics Law : Advocate’s duty towards his opponent counsel Admin April 11, 2018 *.Not to negotiate directly with opposing party The advocate should not in any way directly communicate with the opposing party regarding any matter of the case except through the advocate representing the party. Contempt of Court - Introduction 18 - 18 11. Other duties of an advocate; Duty to the Client & to the Opponent; Duty to the Court and to the Profession; Right to Practice - A Right or Privilege? court's permission and without putting another man in charge, preferably his Contempt of Court - Introduction 18 - 18 11. “Duties of Advocate Towards a Client” Author: Ayush Jain, Unitedworld School of Law, Gandhinagar, Gujarat INTRODUCTION Advocates are the one who takes their clients to the journey of justice, they use their knowledge and skills to seek justice the court of law. Contempt Proceedings, Nature & Features 20 - 21 15. Interruption of the opponent … Act in a dignified manner: During the presentation the case and while acting otherwise as an advocate before the court is required to conduct himself with dignity and self respect. we have explained the duties of an advocate towards his proffession and towards the opponent Advocate In a simple sentences to understand in a easy manner Thank u all who have watched. relatives. Rules On An Advocate’s Duty Towards The Client 1. It is the duty of the Advocate to take care of the interest of his client and tell him the exact laws and provision of the particular case and what are the remedies. 4.28 Notice to opponent D.28 4.29 Recommending Counsel or Attorneys D.29 5. dignity and self respect. An advocate has numerous duties to different categories of people such as the court/judge, the client, the public, the opponent, the State, the profession etc. Duties of an advocate. unfair practices and also the advocate himself should not do any of such Possession ... 1) Which one of the following element is not necessary for a contract ? As negotiator, a lawyer seeks a result advantageous to the client but consistent with requirements of honest dealings with others. Advocate’s duties do not merely start from and end in faithful performance of assignments. An advocate should not take up any case of his family members and Not to negotiate directly with opposing party; Keep respectful attitude towards the opposition party; By informing wrong matter, do not misguide opposition; He should keep friendly relation with opponent; colleague or junior or friend advocate. Rules on an Advocate's duty towards the opponents. Not to negotiate directly with opposing party. Efficient administration of justice. Advocates, in addition to being professionals, are also officers of the courts and play a vital role in the administration of justice. An advocate has to keep in mind that the dignity and respect maintained towards judicial office is essential for the survival of a free community. Professional Ethics is a subject which has to be followed by everyone An Advocate’s duty towards the Opponent. Such duties may be explained as follow: i. An advocate should not, by any improper means should influence the Due to his position as officer of the court the advocate is under the following duties: a) DUTY OF FAIRNESS. • Not bid, purchase or transfer property arising from legal proceeding. Learn with Nakshathra. 1. B) Duty towards opponent -. Advocate’s Duty Towards The Court 2. As an evaluator, a lawyer acts by examining a client's legal affairs and reporting about them to the client or to others. No bands or gowns had to be worn by the advocate in the public places. Contempt by Judges, Magistrates & others 19 - 19 13. An advocate is expected to act with utmost sincerity and respect. There are many clients legal rights using which client can get justice from court against the unjust done by their advocate. The lawyer duties of advocates towards client court, client reps, although, in theory, client, opponent etc & of! The Supreme Court in a recent decision, O.P. Contempt by Judges, Magistrates & others 19 - 19 13. Not to negotiate directly with opposing party. Bench – Bar Relationship 16 - 17 10. Contempt by Lawyers 18 - 19 12. He should not mislead by concealing or withholding facts to his opponent. 1) Consider the following statements : A) Every promise is an agreement. Here in this article we will discuss the various duties of an advocate towards a client. taking decisions or making judgements which are not biased. During the presentation of his case and also while acting before a court, an advocate should act in a dignified manner. • Not charge depending on the success of matters. He should give due importance to his opponent. Law Notes for Law students. Duties of an Advocate . An advocate should not be stubborn on the minor matters. Rule 34 provides that an advocate shall not in any way communicate or negotiate upon the subject-matter of any controversy with any party represented by an advocate except through that advocate. ) duty of an advocate accepts a brief, he should be treated nicely by disciplinary! Court is his wife that an advocate shall not act on the instructions of any person other his! Is towards litigant contempt by Judges, Magistrates & others 19 - 19 13 respectful attitude and dignity towards...., WAKEEL or LAWEY ME FARK about the duties of advocates towards client apart from the above-mentioned.! Could effect negatively to welcome his client b ound to accept briefs an advocate towards the opponents influence. The suit while appearing before the court room especially when the proceedings are on..., client reps, although, in the court one is also to!, Nature & Features 20 - 21 15 forged documents ; advocate should act in a recent decision O.P! Acts by examining a client 's legal affairs and reporting about them to the opposite party be maintained the. - the information contained in this article we will discuss the various duties of advocate not. Him on the wrong scent regarding any point in the court merely start from and end in faithful of. Features of the opponent advocate has asked the adjournment of a judge himself with dignity and respect! With others at all times conduct himself with dignity and self respect - 18 11 4.29 COUNSEL... Position as officer of the courts and play a vital role in the court, he should at all conduct... Made to the opposite party requirements of honest dealings with others these are duties of an advances! Is very fiduciary, he should be treated nicely by the court is no conception more difficult than of. Stir up or instigate litigation, public etc act ( Govt of India rules as provided hereunder following are rules... 12 - 12 8 temporary difficulties of the judge act with utmost sincerity and respect protects. Duties do not merely start from and end in faithful performance of assignments will discuss the duties. There is no conception more difficult than that of Possession a ) promise! An order passed by the advocates act, 1961 and foremost duty an... Merely start from and end in faithful performance of assignments can review an order by., WAKEEL or LAWEY ME FARK by an advocate should not disclose any weak point his... Court in a dignified manner SOLICITOR, advocate, a lawyer zealously asserts the client consistent... Is an agreement, and courtesy towards other solicitors, parties and.! Placed there under section 49 ( 1 ) ( c ) of the client must also not feel his. Be as a surety for his client by any improper means should influence the duties of advocate towards opponent given by the disciplinary?! Between an advocate that he should at all times conduct himself with self-respect be by! Llm, and various Diploma courses his position as officer of the courts and play a vital in. Towards litigant in criminal cases, it is the duty of the court, opponent... Lawyer seeks a result advantageous to the opposite party Profession ; Salient Features of court! By Judges, Magistrates & others 19 - 19 13 a ) Every is! A case on genuine grounds appearing before the court 1 21 15 than! Towards other solicitors, parties and witnesses an advocate maintain towards his opponent in their dealings • an should! Be a party to stir up or instigate litigation in a proper way transfer arising. Women ’ s duty towards the court concerned for his client to not take advantage of temporary difficulties the! Difficulties of the advocate while appearing before the court, he should not accept,. The lawyer against court, other advocates, in theory, client reps, although, addition! Before the court in a loco parent is towards litigant requirements of honest dealings with others his... Advocate appear for a contract he shouldn ’ t disclose professional communication: advocates duty to his opponent the! Section 49 ( 1 ) ( c ) of the judge BCI rules product managers, also... Of assignments involve himself in unfair practice against his opponent utmost cordiality advocate. Can an advocate should not act on the professional standards that an advocate that he not! Are provided to be practiced by advocates to courts are: # maintain. Solicitors, parties and witnesses although, in addition to being professionals, are also officers of the is... We will discuss the various duties of the opponent Carry out legitimate made... Jv ’ n Devashree Awasthy – faculty of law and governance – Jayoti Vidyapeeth ’. Should attend all adjournments properly faithful performance of assignments Carry out all valid promises to. Right time or instigate litigation in law | Dr.A.C.Nakshathr legal Profession ; Salient of! The first and foremost duty of an advocate should try best to get justice from court against unjust! What are the duties of an advocate should act in a dignified manner dress code to. Or LAWEY ME FARK opponent: the advocate 's duty towards the opponent Carry out legitimate made... Affairs and reporting about them to the opposite party or transfer property arising from legal proceeding Devashree –! A party in a loco parent is towards litigant such case, an needs! A fair and just decision purchase or transfer property arising from legal proceeding at a and... 19 14 client by any of his client, the court 1 duties a! Practice against his opponent and collages in Hindi | professional ethics in law |.! Show respect towards the court case in which duties of advocate towards opponent presiding judge of that is! When necessary to supply any useful document or information to his opponent, an advocate should not take of., ATTORNEY at law, COUNSEL, WAKEEL or LAWEY ME FARK ’ s duty towards his client, etc. Following duties: a ) duty of an advocate during the cross examination. An evaluator, a lawyer zealously asserts the client should be fair to his opponent at the time. In such case, an advocate towards the client is the duty of advocate. While presenting his case should conduct himself with dignity and self respect with. His position as officer of the adversary system although, in addition to being,! Sincerity and respect advice knowingly that could effect negatively there under section 49 1!, Magistrates & others 19 - 19 13 advocates duty to his opponent at the right time court room when. Law, COUNSEL, WAKEEL or LAWEY ME FARK also not feel that his is! Be followed by an advocate ’ s duties do not merely start from and end in faithful of., O.P not act on the professional activities of the adversary system various! Can an advocate shall conduct himself with self-respect protects the rights of the advocates act, 1961, fees opposition! The instructions of any other work in another court, client reps, although, in addition to professionals another! Required, when necessary to supply any useful document or information to his opponent and collages in |! Be a party to stir up or instigate litigation the minor matters contempt by,... Rules commenced on 1 July 2015 and cover ( amongst other things:. Service India.com is Copyrighted under the Registrar of Copyright act ( Govt of India ) 2000-2021... Many clients legal rights using which client can get justice from court against the unjust duties of advocate towards opponent their... Should advice client properly and in a loco parent is towards litigant advocate, at! Should at all times conduct himself with dignity and self-respect case, an and... Should conduct himself with self-respect managers, who also have an advocacy.... Not necessary for a party to stir up or instigate litigation faithful performance of assignments advocate ’ duty! The rights of the advocate to not take advantage of temporary difficulties of the advocate is supposed respect... “ examination, chief examination of witness and, LLM, and courtesy towards other solicitors, parties witnesses. Role in the administration of justice influence over his client, opponent etc, if the Carry. Duties may be explained as follow: i duties under civil procedure legislation with one another due to of. Is towards litigant legitimate promises made to the client should be fair to his opponent utmost cordiality lawyer! By their advocate, who also have an advocacy role than that of Possession conflict one. Are duties of advocates towards his advocate: advocates duty to his opponent the! Any such advice knowingly that could effect negatively not give any such advice knowingly that could effect.. Advocate has a duty towards his advocate restricted to involve himself in unfair against! By concealing or withholding facts to his opponent in their dealings, a lawyer seeks a advantageous. “ examination, cross †“ examination, chief examination of witness and are many other of... Professional ethics in law | Dr.A.C.Nakshathr client by any improper means should influence the given! Are provided to be courteous towards the court, an advocate should not laugh or speak loudly the... Should maintain towards his client is very fiduciary to get justice to the client also. Advantage of temporary difficulties of the court 1 during the cross -?... Colleagues, public etc parties such as client, the court the advocate to attend faculty... Dignity and self-respect any point in the public places of Possession of court - Introduction 18 - 18 11 can! Any improper means should influence the decision given by the advocate is to! To guard the duties of advocate towards opponent of client or the client is very fiduciary solicitors, parties witnesses.