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The document outlines the duties of advocates under the Advocates Act, 1961, emphasizing their responsibilities towards the court, clients, society, colleagues, the Bar Council, opposing parties, and the legal profession. Key duties include maintaining respect and decorum in court, ensuring client loyalty and communication, promoting access to justice, and adhering to ethical standards. The Bar Council Rules provide guidance on professional conduct and etiquette for advocates in India.

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u2

The document outlines the duties of advocates under the Advocates Act, 1961, emphasizing their responsibilities towards the court, clients, society, colleagues, the Bar Council, opposing parties, and the legal profession. Key duties include maintaining respect and decorum in court, ensuring client loyalty and communication, promoting access to justice, and adhering to ethical standards. The Bar Council Rules provide guidance on professional conduct and etiquette for advocates in India.

Uploaded by

LILHOEGAMING
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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UNIT 2

Duties of an Advocate under the Advocates Act, 1961 and Bar Council Rules
Introduction
The legal profession holds a very important position in society. Advocates not only represent their clients but also
assist in the smooth functioning of the justice system. The Advocates Act, 1961 governs the legal profession in
India. It defines who an advocate is and lays down their qualifications, rights, and duties.
To ensure discipline and professionalism, the Bar Council of India (BCI) and State Bar Councils were created.
These bodies regulate the conduct of advocates and ensure they follow proper ethical standards and professional
etiquette. The Bar Council Rules, especially the rules on Standards of Professional Conduct and Etiquette, guide
advocates in their conduct.

1. Duties Towards the Court


 Respect and Decorum: Advocates must always behave respectfully in court and maintain its dignity.
 Assist in Justice: They must help the court in reaching the right decision by presenting facts truthfully.
 Confidentiality: Advocates should never reveal information shared by clients unless legally required.
 Obey Court Orders: Even if an advocate disagrees with a court’s order, they must follow it respectfully.
 Be Honest: They should never lie, mislead the court, or hide important facts.
 Avoid Delays: Advocates must come prepared and avoid unnecessary adjournments or delays.
 Avoid Criticism: Personal criticism or attacking the court’s integrity is against professional ethics.

2. Duties Towards Clients


 Loyalty and Dedication: Advocates must put their client’s interest first, without any personal gain.
 Skilled Representation: They must possess the knowledge and skill required for the case.
 Communication: Regular updates and clear explanation of the case and its progress are essential.
 Informed Consent: All important decisions must be taken only after informing the client.
 Avoid Conflicts: If there's any chance of divided loyalty (e.g. dealing with two clients having opposite
interests), the advocate must avoid such representation.

3. Duties Towards Society


 Access to Justice: Advocates must help the poor and needy get justice, even by offering free legal aid when
possible.
 Legal Awareness: They should promote public understanding of law and citizens' rights.
 Fight for Justice: They must stand against injustice, corruption, and misuse of power.

4. Duties Towards Other Advocates (Colleagues)


 Respect and Courtesy: Advocates must treat each other with mutual respect and avoid unnecessary
arguments.
 Report Misconduct: If any advocate behaves unethically or breaks the rules, it must be reported.
 Support Juniors: Experienced advocates should mentor juniors and guide them in the profession.

5. Duties Towards the Bar Council


 Follow Rules: Advocates must obey the Code of Ethics and all rules laid down by the BCI or State Bar
Council.
 Pay Dues: Membership fees and other charges should be paid on time.
 Participate Actively: Advocates must take part in Bar Council elections, seminars, and discussions to
improve the profession.

6. Duties Towards Opposing Party and Counsel


 Fairness: Advocates must not use pressure or tricks to win a case unfairly.
 Professional Behavior: They must behave respectfully with the lawyer on the opposite side.
 No False Cases: They must not file false or unnecessary cases to trouble the opposite party.

7. Duties Towards the Legal Profession


1. Uphold Honour: Advocates must protect the dignity of the legal profession.
2. Continuous Learning: Laws keep changing, and advocates must stay updated with latest developments.
3. Maintain Ethics: Personal gain, false claims, or misleading ads are strictly against professional ethics.

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