PROFESSIONALISM:
It’s NOT the job you DO,
It’s HOW you DO the job.
-Anonymous
INTRODUCTION
The legal profession is considered to be a noble one. As a result, a vital component of this profession is adapting one’s actions and behaviours to a particular set of professional norms. They Lawyers have a duty of care because of the fiduciary character of the client-lawyer relationship. It is pre-emptive or a prerequisite for a lawyer to be professional and follow the etiquette prescribed by the Bar Council of India. This is due to the fact that a lawyer must retain their composure when handling a range of scenarios in order to protect the honour and integrity of the legal profession.
The main goals of following professional conduct and proper etiquette are to maintain a cordial relationship between the bar and the bench and to uphold the poise of legal professionalism which is very important as a legal professional.
The Advocates Act, 1961 gives power to the Bar Council of India to make rules regarding the etiquette to be followed in a courtroom, and rules on the advocate’s duty towards their client, opponents and fellow advocates. The rules can be found in Chapter II, Part VI of Bar Council of India Rules.
WHAT IS THE SIGNIFICANCE OF SECTION 49(1) (C) OF THE ADVOCATES ACT?
Section 49(1) (c) invites the Bar Council of India to take responsibility for establishing the standards of appropriate behaviour and decorum for the advocates to follow. It has also been made clear that the rules made by Bar Council of India( that were in effect prior to the passage of the Advocates (Amendment) Act, 1973,)will persist unless and until they are repealed, modified or revised according to the provisions of this act.
RULES REGARDING AN ADVOCATE’S RESPONSIBILITY TOWARDS THE COURT
The Bar Council of India specifies the obligations that an advocate must perform. Lawyers are active members of the judicial system so they must conduct themselves in a way that is appropriate for an officer of the court. They have to keep in mind what is professional and what is not professional in the context of the legal profession and act accordingly.
An advocate’s duties towards the court are listed below:-
- Act in a respectable way: As the case is being introduced, the advocate must retain composure and self-respect. An advocate must act with decency and respect while having any kind of interaction with the justice system. A lawyer will not be subservient, and if he has legitimate cause to complain about legal authority, he has the right and obligation to bring a grievance to the attention of the appropriate authorities if there is justification for a severe complaint against a judicial official. The law allows for questions to be brought against a legal representative, but the best possible authorities should receive them. In Dr. D.C. Saxena vs. Hon’ble The C.J.I., the court held that scandalising the court or judge reduces public trust in the administration of justice and tarnishes the reputation of the Court but in the same gives power to lawyers to file a complaint against any judicial officer if the thought behind that is reasonable.
- Keeping conversations public: Private conversations are forbidden between lawyers and judges regarding active or pending cases. A lawyer is not allowed to use unethical tactics, such as bribing or asking for favours to sway the decision in their client’s favour. If they do so then it is a gross misconduct and crossing the boundaries of ethical professional conduct. This rule was put forward in the case of Rizwan-Ul-Hassan v. State of U.P. (1953).
- Maintaining respectful attitude: An advocate must always maintain a respectful attitude towards the court, keeping in mind that the survival of a free community depends on respect for the legal profession. If a lawyer does not treat the court with dignity they are putting the longevity of free community in jeopardy.
- Preventing client from doing misconduct and using own judgement: Another responsibility of a lawyer is to prevent their client from doing anything which they themselves ought not to do towards the court, the opposing counsel, or the parties. Moreover they must decline or refuse to work with a client who continues to act improper. He must apply his own judgement while using restricted language in letters, avoiding scurrilous assaults in pleadings, and utilising intemperate language during courtroom arguments. In the case of M.Y. Shareef & Anothers. V. Hon’ble Judges of Nagpur High Court & Ors. (1954), it was observed that an advocate is not a mere spokesperson of the client.It implies that lawyers are their own person and should rely on their own judgement while handling a case.
- Proper dress code: The legal profession is one of the few that has a dress code, thus a lawyer is expected to always be dressed professionally according to it. In the white and black uniform, which has become a tell-tale indicator that the person wearing them is a lawyer, an advocate is expected to seem professional and well-dressed. Although, except for certain ceremonial occasions that the Bar Council of India and the court may specify, the advocate is not permitted to wear his or her gown or band in other public settings.
- Refuse to appear in front of family members: An advocate must decline to present in such matters and request a bench change if the sitting judicial official and the advocate have a family tie. This is present in Section 30 of the Advocates Act of 1961.
- Not to represent the organisation he is part of: The regulation only states that if an advocate is a member of the executive committee of such institutions, he will not appear in front of or under the scrutiny of any court, tribunal, or other expert in support of an association, establishment, society, or business.
However if a lawyers appears ‘amicus curiae’ ,which refers to a person who volunteers to help the court in deciding some matters, on behalf of a Bar Council then he should follow the rules mentioned below:-
- A lawyer should not act in a matter which he has a pecuniary interest in.
- A lawyer shall not stand as a surety to his client.
RULES REGARDING AN ADVOCATE’S DUTIES TOWARDS THEIR CLIENT
An advocate also has certain duties towards their client which are as follows:-
- A lawyer is bound to accept the briefs in the court he takes up according to the Bar Council. If they don’t then that would be considered breach of professional duties. Although they can refuse a brief in special circumstances.
- A lawyer cannot withdraw from a case once it is accepted by them without giving any reasonable explanation and justify their actions. They are also required to refund the fee taken by them which was not earned.
- It should be highlighted that only those advocates should decline to represent the other side if they are a party’s witness and they are asked to do so.
- A lawyer should always be frank with his client and tell them everything related to the case. They shall also inform their client if they are in any way connected to the opposing party. This reduces the conflict of interest.
- It is primary duty of a lawyer to put forward their client’s interest with honour and without fear. He should be loyal to his client in every circumstance regardless of his personal opinion.
- Rule 16 simply states that it is a grave professional misconduct for a lawyer to attempt to withhold relevant evidence in a criminal trial that might prove the defendant’s innocence or taint the victim’s justice.
- Due to the confidential relation of the lawyer and the client, breach of confidentiality is taken really seriously. The Indian Evidence Act of 1872’s Section 126 also has this requirement.
- Rule 18 and 19 of advocate’s duty towards his client states that an advocate is never permitted to participate in the escalation of a legal dispute and shall not follow anyone’s’ instructions except their client’s and authorised agents’
- The fee charged by the lawyer should not a contingent nature which means that the fee should not be based on the success of the litigation.
- Other rules state that an advocate is not allowed to offset the fees that his client owes him against any personal debt he may have to the client that is unrelated to his work as an advocate. He is forbidden from acting in a way that exploits or abuses the trust that his client has placed in him. An advocate is also responsible for keeping track of any client funds entrusted to him.
- A lawyer is also not supposed to lend money to his client .However he will not be held liable for the breach of this rule he deemed it necessary under the terms of the Court’s rule to pay the Court money on the client’s behalf in order for the suit or proceeding to proceed.
- A lawyer shall not plead or argue on behalf of the opposing party.
LAWYER’S OBLIGATIONS TOWARD OPPONENT
- A lawyer is forbidden to discuss the subject matter of the case or negotiate upon it with the opposing party.
- An advocate must make every effort to fulfil any valid commitments made to the opposing party, even if they are not reduced to writing or otherwise enforceable under the court’s rules.
RULES REGARDING OBLIGATIONS TO OTHER ADVOCATES…….
- A lawyer is not supposed to actively advertise himself through requesting clients or creating advertisement. His nameplate or sign-board needs to have a respectable size.
- Unauthorized legal practise by any law agency is not permitted, and lawyers are not allowed to allow their names or professional services to be used in support of it.
- When the client is able to pay the whole amount due, an advocate is not allowed to take less.
- In any case where a memo of appearance has already been filed by an advocate engaged for a party, an advocate may only enter appearance with that advocate’s consent.
PROVIDING LEGAL AID
A lawyer must always remember that if someone is need of legal help they are entitled to get it even if they cannot pay for it at all or partially. Thus it becomes the greatest duty of an advocate to deliver free legal assistance to the downtrodden and poor.
CONCLUSION
Professional conduct and etiquettes by a legal professional are vital to maintain a healthy and well performing legal system. The rules laid down by the Bar Council makes sure that lawyers deliver their top performance and have the highest degree regarding duty of care. Additionally they instil fairness, sincerity, and honesty norms into the conduct of legal counsel. This would also strengthen public confidence .The Bar Council makes sure that advocates follow the laws governing legal ethics and decorum needed for a competent, persuasive, and ethical legal profession.
written by KRITIKA RAIKWAR
