When we talk about professional ethics in the field of law, we are concerned with the ethical codes relating to the conduct of the individuals indulged in the practice of law, and all the people engaged in the legal sector. Every member of the legal profession holds the paramount duty to the court, along with the duty toward the administration of justice. In situations where there may be a conflict of duties, this very duty towards the administration of justice prevails over others.
It is essential that legal practitioners hold conduct of integrity, offer the right assistance to the court, and encourage the confidence of the public in the legal system. Individuals in the field are expected to carry out duties and deal with other individuals in the legal profession with integrity and courtesy. Apart from being professionals, advocates are also viewed as officers of the court and thus they play an important role in the administration of justice.
How is the professional conduct of individuals in the legal field decided? Well, the professional code expected from law practitioners arises out of the duties they are expected to perform to their clients, their opponents, and the court.
In Chapter II, Part VI of the Bar Council of India Rules, the rules on professional standards for an advocate are clearly mentioned. These rules are mentioned in Chapter I, Part VI of the Bar Council of India Rules. It is under section 49 (1) (c) of the Advocates Act of 1961 that these rules have been provided.
Contents
An advocate’s duty owing to the court- Know the rules
The rules for an advocate towards the court are as follows:
- To act in a dignified manner
- To respect the court
- No private communication with the judge
- Denial to act in an illegal way toward the opposition
- Appear in the right dress code
- Denial to represent clients insisting on unfair methods of practice
- Not represent the setup of which he is a member
- Not stand as surety for the clients
- Not appear in matters having a pecuniary interest
Duties of the advocates towards the clients
The clients put considerable trust and faith in the advocates, and thus the advocates owe considerable duty to the clients.
These include the following:
- Abstain from withdrawing from service.
- Completely transparent disclosure to the client.
- Not suppressing any material evidence.
- Refuse from refusing any interest in an actionable claim.
- Hold proper accounts.
- Advocates are bound to accept briefs.
- Denial from appearing in matters in which the advocate may be a witness.
- Hold the interests of the client.
- Abstain from disclosing any data of himself and his client.
- Not charge on the basis of the success of the matter.
ALSO READ: What is meant by Offences against Public Tranquility? Understand the law better
Duties of the advocate towards the opponent counsel
Yes, you read it right. Advocates owe some duties towards the opponent counsels as well. The first duty that they are bound to perform towards the opponent’s counsel is to carry out legitimate promises. The second important duty advocates owe towards the opponent counsel should not directly negotiate or communicate the opposing matter relating to any matter of the case.
Other duties of the advocates
Apart from the above-discussed duties, advocates have other duties to perform as well. These include not advertising the work, maintaining the right reasonable size of nameplates and sign boards, getting the consent of fellow advocates for vakalat in the case, and not encouraging an unauthorized practice of law.
The takeaway
The code of conduct designed for the advocates allows for great social control. Such ethics not only ensure the smooth functioning of the administration of justice but also prevent interference of government in matters via its agencies. Moreover, such ethical codes are also essential in building higher standards of conduct.
ALSO READ: What is meant by a Privilege Motion? Understand the concept of privilege motion completely
Categories: Trends
Source: vcmp.edu.vn