Search This Blog

Showing posts with label Advocates' Code of Conduct. Show all posts
Showing posts with label Advocates' Code of Conduct. Show all posts

Monday, 18 September 2017

Equipments of a Lawyer

•A lawyer must know everything about something and something about everything.


•First equipment – legal learning

–Accurate learning, wide knowledge, courage
–Without learning, we cannot frame correct questions and cannot locate answers to those questions
–We cannot find what we want unless we know where to find it 


•Success in examination no guarantee 
–Comprehensive and thorough knowledge of law cannot be mastered in law college 

•Ability to talk fluently no guarantee 
–Nor it is sine qua non 
–One may not be a great speaker in the beginning but what is required is power of argument and that can be acquired by constant habit and exercise. 


•Second Equipment – Depth and wide range of ideas 
–Ideas 
–World of information 
–Ready capacity to recall to mind what you know and put it to use 


•Third Equipment – Moral Excellence 
–Moral excellence is an indispensable element 
–Includes character, honesty, integrity etc. 


•Fourth Equipment – Infinite Industry (hard work) 
–Hard and regular work 
–Live like a hermit and work like a horse 




Equipments as mentioned by Justice Raj Kishore Prasad



1.Honesty, Integrity, Character 
2.Patience & Perseverance 
3.Legal Learning 
4.General Education 
5.Memory 
6.Study of Law Reports 
7.Use of Legal Phraseology 
8.Manners in Court 
9.Presentation of a case 
10.Citation of Authorities 
11.Independence & Dignity

The Legal Profession and Its Responsibilities

•Profession of law is a great profession, most ‘brilliant’ and ‘attractive’ of the peaceful professions 
•A learned profession; has to deal with variety of human relations, thus gives him special opportunities to equip himself with those qualities 
–Capacity to analyse and sift facts 
–To penetrate human mind and discover their true motives 
–To perceive and present them with directness and accuracy


•The most independent profession 
•Lawyers work is not to create disputes but when they arise, they should settle the disputes and act as peacemakers because law is concerned with preventing the disputes. 
•Art of advocacy is the art of making the worse appear the better reason because a lawyer is engaged not to express his own views but his client’s views 


•There can be no civilization without order; there can be no order without law and no law without lawyers to interpret it. 
•Profession requires great knowledge, high mental capacity and wide culture. 
•The alternative to the reign of law is chaos of jungle. 
•So long as there are quarrels to settle between parties, so long there should be tribunals to settle them. And so long lawyers and legal profession necessary in well-ordered society

Seven Lamps of Advocacy by Justice Abbot Parry

•Seven lamps-

1.Honesty
2.Courage
3.Industry
4.Wit
5.Eloquence
6.Judgment
7.Fellowship 


1.Honesty 
–Honesty, Integrity and Character are inseparable 
–Disclosing the facts and legal position to the clients frankly 
–No illegal/unlawful practice 
–No deceit, cheating, stealing, lies 
–Straightforwardness

2. Courage 
–Controlling fear in the time of danger, pain, misfortune etc. 
–No fear from the State, Executive, Politicians 
–Boldness 
–Interest of the client is of utmost importance

3. Industry 
–Hard work, hard work and hard work 
–You should study your brief the way an actor studies his part 
–There is no alternative to hard work 
–Because you should know something of everything

4. Wit 
–Cleverness and shrewdness 
–Capacity for inventive thought and quick understanding 
–Lessens the workload 
–Relaxes the stress and lightens up the atmosphere and mood 

5. Eloquence 
–Fluent speaking and skillful use of knowledge to persuade or to appeal to the feelings of others 
–Attracts the attention of the listener 

6. Judgment
–Seeing the right points in the case
–Estimate, consider and form an opinion about the case
–Judging the merits and demerits and informing the client accordingly 

7. Fellowship 
–Though two advocates are opponents inside a court room, their conflict ends once they are out of it 
–Lawyers on opposite sides are like two parts of scissors, they cut what comes between them but not each other 



Eight lamp added by Krishnaswami Aiyar

Tact 

–Handling people and situations skillfully and without causing offence 
–Tackling with the client, opponent and Judge in a smoother way 
–Should not quarrel with the Judge, lose temper