Duties of an Advocate

 Duties of an Advocate -

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  I) Duty towards public -

             An advocate is a privileged member of the community and a gentleman beside being a citizen. He has greater responsibility to protect the country and lead the community .

A) Duty towards country -

1) An advocate shall endeavor to make the laws suitable to the well being of the people .

2)  An Advocate shall guard the liberty and freedom of the people.

3) An Advocate should protect the fundamental and human rights and respect the constitution of the nation.

4) An advocate should strive for social legislation's to accelerate the advent of socialistic pattern of society in India by dedicating to the public service .

4)An advocate shall uphold the integrity and Unity of the nation .

5) An advocate shall educate the people to respect the law and respect for the courts and the judges .

B) Duty towards community -

1)An advocate shall establish  Legal Aid Societies  for the purpose of rendering legal assistance to really poor and deserving persons free of any charge .

2) An advocate shall help the people local bodies such as panchayats in villages to function on sound lines, so that the people may discharge their functions in an enlightened and responsible manner.

3) An advocate shall provide Legal education to the illiterate and working people by informing them for the rights and legal provisions in simple language .

4)An advocate shall compose family differences and Settle petty Disputes and controversies by amicable settlement.

5) An advocate shall educate the masses on the right lines to come out of many social ills from which people are suffering.

 6) An advocate shall work with social welfare  committees to promote social order in which justice ,political ,economic and social will be assured to one and .

II) Duty towards the court

1) An advocate should be straightforward and his arguments should be pointed, clear, precise and concise.

2) An advocate should have sense of humor and pleasing manners in his arguments.

3) An advocate must be tactful in presenting the matters.

4)An Advocate should not mislead the Court .

5) An advocate shall not influence the decision of the court by any illegal or improper Means.

6) An advocate shall appear in the court at all times only in the prescribed dress. He shall not wear a band or gown in public places other than in Courts.

7) An advocate shall, when presenting his case and while otherwise acting before a court, conduct himself with dignity and self respect.

8) An Advocate shall not enter appearance, act, plead or practice in any way before a Court , tribunal or authority on behalf of close kith and Kin.

9) An advocate shall not criticize the Judiciary with malice .

10) An advocate should not act or plead in any matter in which he himself pecuniarily interested .

11)An advocate shall not stand as a surety or certify the soundness of a surety for his client, required for the purpose of any legal proceedings.

12) An advocate Shall assist court by presenting fully the pertinent law in his case.

A) Duty towards  the client-

1) An advocate shall fearlessly uphold the interests of his client by All fair and honorable means without regard any unpleasant consequences to himself or any other .

2) An advocate shall fairly and reasonably submit the case on behalf of his client.

3)  An advocate shall pay attention which he is capable of giving to the case he is dealing.

4) An advocate shall not act on the instructions of any person either than his Client or authorised agent.

5)An advocate shall not ordinarily withdraw from engagements ones accepted, without sufficient cause and unless reasonable and sufficient notice is given to the client.

6) An advocate shall not do anything whereby be abuses or takes advantage. of the confidence reposed in him by his client.

7) An advocate shall not accept a fee less than the fee taxable under the rules when the client is able to pay the same .

8) An advocate shall not adjust fee payable to him by his client against his own personal liability to the client which liability does not arise in the course of his employment as an advocate.

9) An advocate should keep accounts of the clients money entrusted to him.

10) An advocate shall not lend money to his client for the purpose of any action or legal proceedings in which he is engaged by such client.

11) An advocate shall not disclose Communications made to them in course of their professional engagement even after the case is over.

B) Duty towards opponent -

1) An advocate shall not communicate or negotiate upon the subject matter of controversy with any party represented by an advocate except through that advocate.

2) An advocate shall not mislead an opponent, or put him on the wrong scent regarding any point in the case.

3) An Advocate shall do his best to carry out all legitimate promises made to the opposite party even though not reduced to writing.

III) Duty towards colleagues -

1) An advocate shall not solicit work or advice directly or indirectly through Mass Communication.

2) An advocate shall not pursue his profession in spirit of competition or rivalry, with his brethren.

3) An advocate should be courteous to opposing Counsel and should accede io reasonable request regarding Court proceedings .

4) An advocate shall not enter appearance in any case in which there is already a vakalatnama or Memo of appearance filed by an advocate engaged for a party expect with his consent.

5) An advocate does not envy  another advocate who attains to position and rank and earns  well.

6) An younger advocate must be cordial and relationship and pay respect to senior advocates .

7) An advocates shall be ready to give help and advice to brother members.

8) An advocate shall strive at all the levels aid the legal profession in advancing the standard of members of profession

Advocate should maintain their high traditions of Fearless Independence, probity and integrity, and live up to their noble ideals, and dedicated lives for the Vindication of truth, and Justice,  and also for good of the common man.