An advocate should refuse to act in an illegal or improper manner towards the opposing counsel or the opposing parties. 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. 2. Rules 15 and 19 of the BCI Rules, has relevance to the subject matter and therefore, they are extracted below: Rule 15. It is the duty of advocate to not take advantage of temporary difficulties of the opponent advocate. 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. 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. Contempt by Judges, Magistrates & others 19 - 19 13. Duties of an advocate towards his client 1. Legal Service India.com is Copyrighted under the Registrar of Copyright Act (Govt of India) © 2000-2021. 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. An advocate should not take up any case of his family members and There are many clients legal rights using which client can get justice from court against the unjust done by their advocate. • Not bid, purchase or transfer property arising from legal proceeding. Respect towards the professional activities of the advocate is … Learn with Nakshathra. taking decisions or making judgements which are not biased. decision given by the court. An advocate is duty bound to carry out legitimate promises made to the opposite party. An advocate Stands in a loco parent is towards litigant. unfair practices and also the advocate himself should not do any of such relatives. Cooperation. 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. It is the duty of an advocate to not influence and let the decision of court free from influence by any illegal or … Note - The information contained in this post is for general information purposes only. B. Legal Ethics (Accountability for lawyers and Bench – Bar Relations) – 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. No bands or gowns had to be worn by the advocate in the public places. 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. 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. An Advocate should not accept gifts, fees from opposition party. 1. 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. 1. Bench – Bar Relationship 16 - 17 10. Dr. Kailash Rai. The Barristers Uniform Conduct Rules commenced on 1 July 2015 and cover (amongst other things): 1. During the presentation of his case and also while acting before a court, an advocate should act in a dignified manner. He should not hurt the interest of his client by any of his acts or omission in any manner. Thus these are duties of advocates towards his client that need to be practiced by advocates to guard the rights of the client. Duty to the court 2. The Supreme Court in a recent decision, O.P. ADVOCATE’S DUTY TOWARDS OPPONENTS. Advocates have a large responsibility towards the society. 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; Such duties may be explained as follow: i. An Advocate should not meet with opposition parties with aim of doing conspiracy. • An advocate should not act on the instructions of any person other than his client or the client's authorized agent. Clients and not the counsel are litigants. The relationship between an advocate and his client is very fiduciary. According to Bar Council of India Rules as provided hereunder following are the duties of an advocate towards his client: Rule 11. 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. duties. Not to negotiate directly with opposing party. 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 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. If has, under what circumstances? Advocate is supposed to respect his opponent in their dealings. 8. It is the duty of an Advocate that he should be fair to his opponent. Rules & Duty Of An Advocate Towards The Client 1. 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. Advocate is restricted to involve himself in unfair practice against his opponent. An advocate should not, by any improper means should influence the He should not mislead by concealing or withholding facts to his opponent. 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. 2. is the first and foremost duty of an advocate to attend. Other Duties: There are many other duties of an advocate towards client apart from the above-mentioned duties. 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. The advocate's statutory duties under civil procedure legislation. 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. that due to his acts the honor, dignity and integrity of the courts shall Advocates have a large responsibility towards the society. Duties towards the client. 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. 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. As negotiator, a lawyer seeks a result advantageous to the client but consistent with requirements of honest dealings with others. What are the rules to be observed by an advocate during the cross - As an officer of the court one is also expected to assist the court to arrive at a fair and just decision. Rules On An Advocate’s Duty Towards The Client 1. 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. This paper will discuss about the duties of advocate Towards the other advocates, there is a duty not to promote the … Advocates duty towards Opponent 12 - 12 8. 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