An Advocate’s Duties towards the Court

An Advocate has to maintain certain standards of professional conduct and etiquette in Courts.

Duties in Court

Some of the duties an advocate has in Court include:

• Behaving in a dignified manner before the Court. Further, whenever there is a proper reason for a serious complaint against a judicial officer, the advocate has a right and duty to submit their grievance to proper authorities.¹ For instance, grievances relating to Advocates, the Bar Council of India, Bar Councils of States, and Notary/Government Counsels need to be sent to the Department of Legal Affairs.²
• Showing respect towards the Court.³
• Not communicating in private to a judge about any case pending before the judge or any other judge. Advocates should not try to influence the Court’s decision about a matter using any illegal or improper means.⁴
• Appearing in a presentable manner in Court. While in Court, an advocate has to wear appropriate clothing that has been specified to be worn in Court.⁵
• Not appearing/arguing before a judge, if the judge is related to the advocate⁶ as:
  • Father/mother
  • Grandfather
  • Son/daughter
  • Grandson
  • Uncle/aunt
  • Brother/sister
  • Nephew/niece
  • First cousin
  • Husband/wife
  • Father-in-law/mother-in-law
  • Son-in-law/daughter-in-law
  • Brother-in-law/sister-in-law
• Not wearing the advocate’s gown/band in public places other than Courts. Advocates can wear this in public only for ceremonial occasions, and at such places prescribed by the Bar Council of India or the Court. ⁷
• Not standing as surety for a client.⁸

Duties while taking on new cases

Some of the duties an advocate has include:

• Not appearing for or against any establishment if the advocate is a member of the Executive Committee which manages the general affairs of that establishment.⁹ For example, if an advocate is the Director of a company, they cannot appear for that company in a dispute.
• Not taking up a case in a matter where the advocate has any financial interest.¹⁰

Duties to other lawyers or other clients

An advocate has a duty to the opposing lawyer and clients. An advocate should not directly negotiate with the opposite party, except through the advocate who is representing the opposite party.¹¹ Further, advocates should try their best to carry out the legitimate promises made to the opposite party¹² such as appearing on the Court date, drafting petitions on time etc.

Some of the other duties include:

• Not behaving in an  illegal or improper manner towards the opposing lawyers and parties. Advocates have to also restrict their clients from doing the same.¹³
• Preventing a client from resorting to unfair practices. Advocates should not allow their client to do anything in relation to the Court or opposing party which the advocates themselves should not do. An advocate has to refuse to represent a client who persists in improper conduct. Advocates have to be dignified in use of their language in correspondence and during arguments in Court. They should not use any improper language during arguments in the Court.¹³
• When an advocate has accepted the case of a client, another advocate should not appear for the same party. However, the latter can take consent from the former for appearing. If such consent is not obtained, the advocate will have to ask the Court before being allowed to appear for the client.¹⁴

1. Rule 1, Chapter II, Part VI, Bar Council of India Rules, 1975[↩]
2. Guidelines of Grievances Received in the Department of Justice, https://doj.gov.in/sites/default/files/GUIDELINES.pdf[↩]
3. Rule 2, Chapter II, Part VI, Bar Council of India Rules, 1975[↩]
4. Rule 3, Chapter II, Part VI, Bar Council of India Rules, 1975[↩]
5. Rule 5, Chapter II, Part VI, Bar Council of India Rules, 1975[↩]
6. Rule 6, Chapter II, Part VI, Bar Council of India Rules, 1975[↩]
7. Rule 7, Chapter II, Part VI, Bar Council of India Rules, 1975[↩]
8. Rule 10, Chapter II, Part VI, Bar Council of India Rules, 1975[↩]
9. Rule 8, Chapter II, Part VI, Bar Council of India Rules, 1975[↩]
10. Rule 9, Chapter II, Part VI, Bar Council of India Rules, 1975[↩]
11. Rule 34, Chapter II, Part VI, Bar Council of India Rules, 1975[↩]
12. Rule 35, Chapter II, Part VI, Bar Council of India Rules, 1975[↩]
13. Rule 4, Chapter II, Part VI, Bar Council of India Rules, 1975[↩][↩]
14. Rule 39, Chapter II, Part VI, Bar Council of India Rules, 1975[↩]