Duty to the Court and to the Profession

Bar Council of India Rules

Chapter II – Standards of Professional Conduct and Etiquette

Section I - Duty to the Court 

•Be Respectful

–Not for the sake of the judge but to maintain the post’s supreme importance

–Conduct yourself with dignity and self-respect

–If there is a proper ground for serious complaint against a judicial officer, submit the grievance to proper authorities

–Rule 1 & 2

•Never exhibit familiarity with the Judge 

–You may bring discredit to an innocent and honourable Judge

•Attend the case throughout once started 

•Be present in the Court to take judgments 

–If can’t attend personally, make an alternative arrangement 

•Never communicate or argue privately with a Judge about the merits of a pending case (Rule 3) 

–May suggest that you are impairing the dignity and impartiality of the Judge 

•Never display temper because of adverse decisions 

•Don’t speak ill-will of the Judge 

•Never take a case if Judge is a relative (Rule 6) 

•Never interrupt the opponent counsel without cause

•Don’t repeat arguments to the annoyance of the Judge 

•Never mislead the Judge 

–Complete candour and frankness necessary 

•Do not include facts in pleadings which you know are false – professional misconduct 

–Merely letting this know to the client not sufficient 

–Must withdraw from the case if client disagrees 

•Must restrain and prevent your client from resorting to sharp or unfair practices 

–Must refuse to represent such client who persists in such improper conduct 

–You should not be a mere mouth-piece of the client 

–Rule 4 

•Arguments must be pointed, clear, precise and concise 

•Tactful in presenting the matters 

•Should not influence the decisions of the Court in any manner (Rule 3) 

•Wear prescribed dress (band and gown) in Court but not in public places and always be presentable (Rule 5 and Rule 7) 

•Not to appear before any authority for or against an organisation where you are an Executive Committee member (Rule 8) 

•Not to act in a matter where you have a pecuniary interest (Rule 9) 

–should not act in a bankruptcy petition when you are also a creditor of the bankrupt 

–should not accept a brief from a company where you are a Director 

•Cannot stand as a surety for the purpose of legal proceedings (Rule 10)

Duty to the Profession

•Keep up the best traditions of the Bar 

•Never be a party to the lowering of standards 

–Every member is a trustee for the honour and prestige of the profession as a whole 

•Don’t pursue your profession in a spirit of competition and rivalry 

•Do not underbid 

–Don’t underbid; help bring other’s fees to normal 

•Do not keep out a brother practitioner

•Show respect to seniors and sympathy and kindness to juniors 

•Help juniors when needed 

–Professional conduct, question of conflict of interest, conflict between duty to the Court and to the Client 

•Never criticize work of earlier advocates when you take a case in between 

•Be a sport when occasion demands 

–Due to misconception, Judge may criticize opponent counsel without his fault 

–Then it’s your duty to correct the Judge and rescue your opponent 

•Do not speak ill-will of other lawyers 

•Your own interests are subordinate to your professional interests 

•Never encroach upon others’ clients 

•Senior-Junior relationship 

–Junior should be a "walking stick and not a crutch"