ASSIGNMENT

ON
Bar and Bench Relations vis-à-vis Duties of Advocate

Subject – Professional Ethics, Accountancy for Lawyers and Bar Bench

Relations Subject Code - 705

Submitted By- Submitted To-

TANMAY GARG Mr. Navneet Krishna

Roll No. – 2001118 Assistant Professor

Section – B DBRANLU, Sonipat

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 ACKNOWDLEDGEMENT
I would like to convey my heartfelt gratitude to Mr. Navneet Krishna for his
tremendous support and assistance in the completion of my project. I would also
like to thank our Vice Chancellor for providing me with this wonderful
opportunity to work on a project with the topic ‘Bar and Bench Relations vis-à-
vis Duties of Advocate’. The completion of the project would not have been
possible without their help and insights.

I would like to acknowledge that this project was completed entirely by me and
not by someone else.

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BAR AND BENCH RELATIONS
The court hall where cases are conducted consists of two parts namely:

(i) The place where the judges sit is called as Bench

(ii) The place where the Advocate sit is called as Bar.

So, the term `Bench’ refers to the judges and the `Bar’ refers to the Advocates. Bar-Bench
relation means the cordial relation between the judges and the Advocates. The faith on the
judiciary to the general public and the speedy justice mainly depends on the cordial relation
between the judges and the Advocates.

The opinion of our Supreme Court in the context of Bench- Bar Relation has been clearly laid
down in P.D. Gupta v. Ram Murti and Ors. 1, as follows: "A lawyer owes a duty to be fair
not only to his client but also to the court as well as to the opposite party in the conduct of the
case. Administration of justice is a stream which has to be kept pure and clean. It has to be
kept unpolluted. Administration of justice is not something which concerns the Bench only. It
concerns the Bar as well. The Bar is the principal ground for recruiting judges. Nobody
should be able to raise a finger about the conduct of a lawyer. Actually, judges and lawyers
are complementary to each other.”

 The Relationship
The Bar and Bench are two wheels of a chariot involved in the dispensation of justice. Both
are supplementary and complementary to each other. Bar provides the foundation for the
stability towards the independence of the judiciary. Bench reflects its action carefully as it is
a senior figure to lower rank judicial officers who learn from it. Bar and Bench are two sides
of the judiciary that works together to deliver justice in society and ensure no delay in justice
due to adjournments of hearing. An advocate who outraged the court by removing the
foundation of the court, such an act of an advocate only results in dishonoring the system for
justice administration.
Bar Bench relations refer to the dynamic interaction and cooperation between lawyers (the
Bar) and judges (the Bench) within the legal system. This relationship is fundamental to the
administration of justice. Lawyers represent their clients’ interests in court, while judges
make impartial decisions based on the law. Maintaining a respectful and collaborative

1
AIR 1998 SC 283.

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partnership between the Bar and the Bench is crucial for the effective functioning of the legal
system.

 Issues and Challenges

1. PROFESSIONAL MISCONDUCT - In the Advocates Act, 1966, misconduct is
not specified, but misconduct envisages infringement of discipline, although it
would not be possible to set out exhaustively what would constitute misconduct
and indiscipline, which, however, is broad enough to include wrongful omission
or commission, whether done or omitted to be done intentionally or
unintentionally. Section 35 of the Advocates Act, 1961 lays down the Punishment
of advocates for misconduct.
2. STRIKES - The court held in Ex. Captain Harish Uppal v. Union of India2 that
lawyers have no right to go on strike or give a call for boycott, not even on a token
strike. The protest, if any is required, can only be by giving press statements, TV
interviews, carrying out of court premises banners and/or placards, wearing black
or white or any color armbands, peaceful protest marches outside and away from
court premises, etc. Advocate Strikes halt the entire apparatus of the justice
delivery system which must be avoided amicably.
3. CONTEMPT OF COURT - There are several instances of the misconduct which
have been taken as contempt of Court, e.g., using insulting language against a
Judge; making scandalous allegations against a Judge; suppressing the facts to
obtain favorable order hurling shoe at the Judge; imputation of partiality; and
unfairness against the Judge, etc.

 Role of Bar to Strengthen Bar-Bench Relations

 Respect for Judges: Advocates should show respect and reverence for judges,
refraining from any form of disparagement or criticism of the judiciary.
 Assist Judges: During court hearings, advocates should assist judges by accurately
and clearly conveying the relevant legal principles. They should conduct themselves
in a manner that pleases the judges and aids in the smooth conduct of proceedings.

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(2003) 2 SCC 45

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  Handling Judicial Errors: If advocates believe there is an error in a judge’s decision,
they should not criticize the judge openly. Instead, they should follow proper legal
procedures, such as filing an appeal, to address and rectify any perceived mistakes.
 Avoid Manipulation: Advocates should not exert undue pressure or attempt to
control judges to obtain favorable orders. They must refrain from using illegal or
inappropriate means to influence court decisions.
 Prevent Unfair Practices: Advocates have a responsibility to guide and discourage
their clients from engaging in unfair or unethical practices in court proceedings.

 Role of Bench to Strengthen Bar-Bench Relations

 Mutual Respect: Just as advocates show respect to judges, judges should also respect
advocates. Maintaining mutual respect is crucial for a healthy working relationship
between bar and bench.
 Impartiality: Judges must act impartially, refraining from favoring any party
involved in the dispute. Their decisions should be solely based on the merits of the
case and the applicable law.
 Adjournments: Judges should grant adjournments sparingly and only when
reasonable and appropriate grounds exist. Excessive delays can contribute to backlogs
in the court system and financial hardships for parties involved.
 Timely Disposition: Cases should be resolved promptly and older cases should not
take precedence over newer ones. The principle of “justice deferred is justice denied”
should be upheld.
 Respectful Conduct: Judges should refrain from making unwarranted public remarks
about a lawyer’s competence in open court. They should not ask lawyers to leave the
trial or bar them from future appearances without compelling reasons.

DUTIES OF ADVOCATES
A lawyer, as a member of the legal profession, is a representative of clients, an officer of the
legal system and a public citizen having special responsibility for the quality of justice.

 Duty of an advocate towards the Court

 Act in a dignified manner: An advocate should act in a dignified manner during his
presentation and inside the court.

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 Respect the court: An advocate should always respect the court and bear in his mind
that respectable in the court is essential for the survival of a free community.
 Not to Communicate in Private: An advocate should not communicate in private to a
judge with regard to any pending matter and also should not influence the decision of
a court in any matter using illegal or improper means.
 Refuse to act in an illegal manner towards the opposition : An advocate should use his
best effort to restrain and prevent his client from acting in any illegal, improper
manner.
 Refuse to represent clients who insists on unfair means : An advocate should refuse to
represent any client who insists on using unfair or improper means. An advocate shall
exercise his own judgement and should not blindly follow the instruction of the client.
He should be very careful in usage of language during the arguments and should not
scandalously damage the reputation of the parties on false grounds during pleadings.
 Appear in proper dress code: An advocate should appear in court at all times only in
dress prescribed under the Bar Council of India Rules and he should not wear the
bands and gowns in public places other than in courts, except on such ceremonial
occasions and at such places as the BCI.
 Refuse to appear before known or relative : An advocate should not enter appearance,
act, plead or practice in any way before a judicial authority if the sole member of the
bench is related to the advocate in any manner.
 Not to represent an establishment of which he is a member and for pecuniary interest :
An advocate should not appear in or before any judicial authority, for or against any
establishment with the restriction that if such advocate appears as “amicus curiae” on
behalf of the BCI. And an advocate should not appear in any matter in which he has
financial interest.
 An advocate should not stand as a surety for his client : An advocate should not stand
as a surety or certify the soundness of a surety that his client requires for the purpose
of any legal proceedings.