Duties of advocate towards court. Duties of an Advocate in society 2023-01-02
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An advocate, also known as a lawyer or attorney, has a number of duties towards the court. These duties are essential to maintaining the integrity of the legal system and ensuring that justice is served.
First and foremost, an advocate has a duty to be honest and truthful in all of their dealings with the court. This includes not only their courtroom presentations, but also their interactions with the judge, opposing counsel, and other parties involved in the case. An advocate must always present accurate and reliable information to the court, and must not attempt to deceive or mislead the court in any way.
In addition to honesty, an advocate has a duty to be respectful towards the court. This includes showing proper deference to the judge and other members of the legal profession, and conducting themselves with professionalism and decorum in the courtroom. An advocate should always be respectful of the court's time and should not engage in any behavior that might disrupt proceedings or interfere with the administration of justice.
Another important duty of an advocate is to represent their clients with diligence and care. This means that the advocate must work tirelessly to protect the rights and interests of their clients, and must use all of the resources at their disposal to build a strong and persuasive case. An advocate should also be prepared to advocate for their clients both inside and outside of the courtroom, and should be willing to work tirelessly to achieve the best possible outcome for their clients.
Finally, an advocate has a duty to uphold the principles of justice and fairness. This means that an advocate should always seek to ensure that all parties involved in a case receive a fair and impartial hearing, and should work to ensure that the legal system is applied consistently and evenly. An advocate should also be committed to upholding the rule of law and the principles of justice, and should work to promote fairness and equality within the legal system.
In conclusion, an advocate has a number of important duties towards the court. These duties include honesty, respect, diligence, and a commitment to justice and fairness. By fulfilling these duties, an advocate helps to ensure that the legal system functions effectively and serves the needs of all parties involved in a case.
An Advocate's Duties towards the Court
Lawyer's have to prepare and file legal documents, such as lawsuits, appeals, wills, contracts, and deeds. An advocate needs to follow these duties as they will also help him to become better in his profession. Furthermore, it is another duty of advocate that whatever the material or the documents are provided by the client should be concealed and should not reveal it to the opposition party. His sign-board or name plate should be of a reasonable size and the same should not indicate that he is or was President or member of Bar Council or any associate in which he was engaged for a cause. Advocates can wear this in public only for ceremonial occasions, and at such places prescribed by the Bar Council of India or the Court. An advocate should not influence the decision of a court in any matter using illegal or improper means such as coercion, bribe, etc. An advocate should not enter an appearance, act, plead or practice in any way before a judicial authority if the sole or any member of the bench is related to the advocate as the father, grandfather, son, grandson, uncle, brother, nephew, first cousin, husband, wife, mother, daughter, sister, aunt, niece, father-in-law, mother-in-law, son-in-law, brother-in-law, daughter-in-law, or sister-in-law.
An advocate shall excise his own judgment in such matters. Ram Murti AIR 1998 S. He shall not consider himself as mere mouthpiece of the client and shall exercise his own judgment in the use of restrained language in correspondence, avoiding scurrilous derogatory attacks in pleadings and using intemperate language during the argument in court. An advocate shall after the termination of proceedings, be at liberty to adjust the fees due to him from the account of the client. An advocate should not accept any bribe, gifts, and fees from the opposition party or should not disclose any weaknesses of his client. An advocate should not influence the decision of a court in any matter using illegal or improper means such as coercion, bribe, etc.
Section 32 of the Advocate's Act clearly mentions, the court may allow any person to appear before it even if he is not an advocate. Can advocate fight his own family case? All that may seem trite, but it is important that it be borne in mind in everything you do as a lawyer. Towards the clients, the advocates have a lot of duties including accepting briefs, making honest disclosures, giving best legal advice, maintaining confidentiality, giving updates and not taking up the matter of the opposition in the same case. An advocate should not by any means bid for, or purchase, either in his own name or in any other name, for his own benefit or for the benefit of any other person, any property sold in any legal proceeding in which he was in any way professionally engaged. Advocates play a vital role in the administration of justice. While the courts sit at the top of the profession, they depend on an efficient and effective functioning of lawyers playing their role in the administration of the law. The advocate is a representative but not a delegate.
. He has to be maintained in dignity and strength so that the role assigned to him for the benefit of the people may be effectively discharged. In a nutshell, if you are an advocate your service to the common man should be compassionate, moral, and lawful. Dubai and throughout UAE. The balance in the account can be the amount paid by the client or an amount that has come in that proceeding.
It is seen that the relationship between a lawyer and a client is highly trustworthy and it is the duty of an advocate to uphold the interests of the client by fair and honorable means without regard to any unpleasant consequences to himself or any other person. There are three types of advocacy - self-advocacy, individual advocacy and systems advocacy. Only an Emirati Citizen can be a Legal Advocate or also called a Lawyer sometimes. He should maintain towards the judges of the courts, a courteous and respectful attitude and insist on similar conduct on the part of his clients, at the same time maintaining a self-respecting independence in the discharge of his professional duties towards his clients. He also shall not charge for his services as a percentage of the amount or property received after the success of the matter. An advocate should not trade or agree to receive any share or interest in any actionable claim. Advocates have several duties towards both their clients and the Court.
When the court exercise this power, it does not do so to vindicate the dignity and honour of the individual judge who is personally attacked or scandalised, but to uphold the majesty of the law and of the administration of justice. Divert money from accounts. Private communication with a judge relating to a pending case are forbidden. However, it does not prevent an advocate from bidding for or purchasing for his client any property on behalf of the client provided the Advocate is expressly authorised in writing in this behalf. An advocate shall refuse to represent any client who insists on using unfair or improper means. Uphold the interest of the client. While in Court, an advocate has to wear appropriate clothing that has been specified to be worn in Court.
He should at all times conduct himself with self-respect. An advocate should not by any means bid for, or purchase, either in his own name or in any other name, for his own benefit or for the benefit of any other person, any property sold in any legal proceeding in which he was in any way professionally engaged. The relation between a lawyer and a client is based upon the trust and faith which comes hand in hand. Conclusion An advocate should always ensure that the interests of the client are not in any manner hurt by his acts or omissions. If you remain mindful that you enjoy a privileged position in the community by reason of your admission to practice law, and your primary duties are to the court and to the administration of law, most of the questions or dilemmas that confront you in your practice can be answered relatively easily. Not appear for opposite parties. Conclusion: Advocate has duties which are to be performed towards himself, his clients, opponents, colleagues, court etc.
If he has a reason to believe that in due course of events he will be a witness, then he should not continue to appear for the client. He can withdraw only if he has a sufficient cause and by giving reasonable and sufficient notice to the client. On appeal, it was confirmed by the Bar council of India and also by Supreme Court. This should not cause any rancour. An advocate shall do so without regard to any unpleasant consequences to himself or any other. Advocate is just a category under the term Lawyer.
