Other duties of an advocate

Duty to your-self

•Maintain your independence

–‘My Lord’ or ‘Your Honour’ etc. only when they act as Judges and not otherwise

•Be businesslike in your habits

–Fix separate appointments for clients; do not crowd together different clients

•Client’s interest v. Higher duty of observing truth 

•Manner of conducting litigation your responsibility 

–Client should not be given control over it 

•Admit your mistakes 

–Forgotten or neglected to do 

–Don’t dodge the responsibility 

–Accept it 

•Don’t assert personal beliefs in your arguments 

–Character or eminence of counsel immaterial 

•Do not make a difference between ‘small’ and ‘large’ case 

–If you neglect ‘small’ cases, you may not get ‘large’ cases 

•Do not delay things - dangerous 

Duty to Colleagues - Section IV

36. Shall not solicit work 

–Sign-board/ name plate be of reasonable size 

–Should not indicate that is or has been President/Member of Bar Council 

37. Don’t permit your professional services or your name to be used for unauthorised practice of law by law agency 

38. Don’t accept fee less than what is taxable under the rules if client can pay for it

39. If there is already a vakaltnama filed, do not file an appearance in that case without that advocate’s consent

Section IV-A

•Advocates to pay such sum as prescribed to the SBC towards ‘Bar Council of India Advocates Welfare Fund’ (40) 

–SBC to retain 80% and remit 20% to BCI 

•If convicted under section24A (43) 

–Insolvent 

–Engages in any service/business 

–Inform BCI within 90 days 

Section V

•Duty in imparting training (45) 

–Not to demand/accept any fees for imparting training to students (internship) 

Section VI

•Duty to render legal aid (46) 

–Free legal assistance to the needy and poor is one of the highest obligations 

Section VII – Restriction on other employments

•Not to engage in any other business (47) 

–But can be a sleeping partner in a firm 

–Nature of business must not be inconsistent with the dignity of profession 

•Can’t be a secretary or a Managing Director in any company (48) 

–May be a director or chairman of BoD, but duties should not be of Executive character

•Can’t be a full-time salaried employee while engaging in practice (49) 

–Immediately inform BCI and he shall cease to practice so long as he continues to practice 

•Inheritance of family business (50) 

–Can continue but may not participate personally in the management 

•Can review Parliamentary Bills for a remuneration (51) 

–Edit legal text books at a salary 

–do press-vetting for newspapers 

–coach pupils for legal examination 

–set and examine question papers 

–Lecturing and teaching 

•Advocate may accept part time employment (52) 

–After obtaining the consent of state bar council 

–Provided the nature of employment does not conflict with the professional work and 

–Is not in conflict with the dignity of the profession



Duty to the Public and the State

•Discourage dishonest, desperate and dubious, litigations
–Assist honest litigation

•Do not help client, to corrupt a witness into giving false evidence
–Directly and indirectly

–Case: Plaintiff suing for damages-assaulted by defendant in the presence of sole witness-he in his letter asked for money to testify-otherwise I will ‘forget’-advocate agreed-charged with professional misconduct

•Litigation should not be unduly delayed
–No adjournments without reasonable cause 

•Remember that fair administration of equal and just laws in the State far more important than success or failure of an individual