Duties of an Advocate

There are duties of an advocate. As officers of the court and advocates of justice, advocates play a crucial role in the legal system of India. Advocates are expected to fulfil their duties diligently, ethically, and in accordance with the law to ensure the proper administration of justice. The legal profession in India is governed by the Advocates Act, 1961, which outlines the rights, privileges, and responsibilities of advocates. 

In this article, we will explore the various duties of an advocate in India, including their ethical obligations, responsibilities towards the court, clients, and society, and the relevant provisions under the Advocates Act, 1961.

Introduction to the Advocates Act and Bar Council Rules

The Advocates Act, 1961 is a comprehensive legislation that regulates the legal profession in India. It defines the term “advocate” and lays down the qualifications, rights, and duties of an advocate. The Act provides for the creation of the Bar Council of India (BCI), which is the regulatory body for advocates in India, as well as the state bar councils. 

The Advocates Act, 1961 empowers the bar councils to prescribe the standards of professional conduct and etiquette for advocates and also empowers them to take disciplinary action against advocates for professional misconduct.

Bar Council of India Rules, also known as the “Standards of Professional Conduct and Etiquette” lays down the specific duties and responsibilities of advocates.

Any violation of the ethical duties and professional responsibilities by an advocate may result in disciplinary proceedings before the Bar Council. The Bar Council of India has the authority to take disciplinary action against advocates who are found guilty of professional misconduct. The disciplinary proceedings may include inquiries, hearings, and imposition of penalties, including suspension or cancellation of the advocate’s license to practice law.

Advocates are also subject to the jurisdiction of the courts, and the courts have the authority to take action against advocates for any act of misconduct or breach of duties during court proceedings. The courts may impose fines, reprimand, or take other appropriate actions against advocates who violate their ethical duties or professional responsibilities.

1. Duties of an Advocate towards the Court

Duty to uphold the dignity and decorum of the court

Advocates have a solemn duty to maintain the dignity and decorum of the court. They must conduct themselves in a manner that upholds the dignity and respect of the judiciary, and refrain from engaging in any act or behavior that may undermine the integrity or authority of the court. 

Advocates are expected to address the court with respect, use appropriate language, and follow the court’s rules and procedures.

Duty to assist the court in the administration of justice

Advocates have a duty to assist the court in the administration of justice. They must present their cases honestly, fairly, and with utmost sincerity. Advocates are officers of the court and have a duty to ensure that justice is served and that the truth is brought before the court. They must not withhold any material information from the court or mislead the court in any manner.

Duty of confidentiality

Advocates have a duty to maintain the confidentiality of their client’s information. They must not disclose any confidential information or privilege without their client’s consent unless required by law. Advocates must protect their client’s interests and ensure that their client’s information is not divulged to unauthorized persons.

Duty to be candid with the court

Advocates have a duty to be candid and forthright with the court. They must not misrepresent facts, cite false authorities, or present misleading arguments. 

Advocates must present their cases honestly and must not engage in any activity that may undermine the integrity of the legal profession or the administration of justice.

Duty to respect the orders of the court

Advocates have a duty to respect and abide by the orders of the court, whether they agree with them or not. Advocates must comply with the orders of the court and must not engage in any activity that may obstruct or interfere with the administration of justice. 

Disrespecting or disregarding the orders of the court can have serious consequences, including disciplinary action by the bar council.

Duty to be punctual and prepared

Advocates have a duty to be punctual and prepared for all court hearings and proceedings. Advocates must arrive in court on time, be fully prepared with all necessary documents, evidence, and arguments, and be ready to present their case before the court. 

Advocates must also be familiar with the relevant laws, rules, and procedures applicable to their case, and must not cause any delays or adjournments due to their lack of preparation.

Duty of fair and honest advocacy

Advocates have a duty of fair and honest advocacy in court. Advocates must not knowingly make false statements, suppress material facts, or mislead the court or opposing parties. 

Advocates must present their case honestly, fairly, and in good faith, and must not engage in any conduct that may compromise the integrity of the judicial process. Advocates must also not indulge in any sharp practice or unethical tactics to gain an unfair advantage in court.

Duty to refrain from criticism of the court

Advocates have a duty to refrain from making any unwarranted criticism of the court or its officers. Advocates must not make derogatory remarks, use disrespectful language, or engage in any conduct that may undermine the dignity or authority of the court. 

Advocates must always maintain a respectful and professional demeanour in their interactions with the court, even if they disagree with a court’s decision or ruling.

Duty to comply with court orders and directions

Advocates have a duty to comply with court orders and directions. Advocates must not defy or obstruct the implementation of court orders or directions and must take necessary steps to ensure compliance. 

Advocates must also not engage in any conduct that may be deemed contumacious or disobedient towards the court, as it undermines the authority and integrity of the judicial system.

Duty to avoid frivolous or vexatious litigation

Advocates have a duty to avoid initiating or pursuing frivolous or vexatious litigation. Advocates must thoroughly examine the merits of a case and advise their clients accordingly. 

Advocates must not file or defend a case that lacks legal or factual basis or is intended solely to harass or burden the court or the opponent. 

2. Duties of an Advocate towards Clients

Duty of loyalty and commitment

Advocates have a primary duty towards their clients. They must act in the best interests of their clients and diligently represent their clients’ legal rights and interests. Advocates must maintain a high level of loyalty, commitment, and confidentiality towards their clients. 

They must strive to achieve the objectives of their client’s cases to the best of their abilities, within the bounds of law and ethics.

Duty to provide competent and diligent representation

Advocates have a duty to provide competent and diligent representation to their clients. They must possess the requisite knowledge, skill, and expertise to handle the legal matters entrusted to them. 

Advocates must stay updated with the developments in the law and diligently prepare and present their cases in a competent manner. They must also communicate with their clients regularly and keep them informed about the progress of their cases.

Duty of disclosure and informed consent

Advocates have a duty to disclose all relevant facts to their clients and obtain their informed consent before taking any action on their behalf. Advocates must provide complete and accurate information to their clients regarding the legal implications, risks, and possible outcomes of their cases. 

Clients have the right to be fully informed about their legal matters and make informed decisions based on the advice and information provided by their advocates.

Duty to avoid conflicts of interest

Advocates have a duty to avoid conflicts of interest between their clients and themselves or their associates. Advocates must not represent conflicting interests that may compromise their loyalty, integrity, or objectivity towards their clients. 

They must disclose any potential conflicts of interest to their clients and obtain their informed consent before proceeding with the representation.

Duty to maintain professional integrity and independence

Advocates have a duty to maintain professional integrity and independence. They must not engage in any act that may compromise their integrity, independence, or impartiality. 

Advocates must not allow any undue influence, pressure, or consideration to interfere with their professional judgment or compromise the interests of justice.

Duty to maintain communication and updates

Advocates have a duty to maintain regular communication and updates with their clients. Advocates must keep their clients informed about the progress of the case, court dates, developments, and any other relevant information. 

Advocates must also promptly respond to their client’s queries, concerns, and instructions, and not ignore or neglect their clients’ interests.

Duty to act in the best interests of the client

Advocates have a primary duty to act in the best interests of their clients. Advocates must always prioritize their client’s rights, interests, and instructions, and not compromise their clients’ position for their own personal gain or interests. 

Advocates must act with loyalty, sincerity, and professionalism in advancing their client’s cause.

3. Duties of an Advocate towards Society

Duty to promote access to justice

Advocates have a duty to promote access to justice and ensure that justice is accessible to all, irrespective of their social, economic, or personal background. Advocates must not refuse legal representation to any person on the grounds of discrimination, bias, or prejudice. 

They must strive to provide legal aid and pro bono services to the indigent and marginalized sections of society.

Duty to promote legal education and awareness

Advocates have a duty to promote legal education and awareness among the general public. They must strive to educate the public about their legal rights, obligations, and remedies. Advocates must also contribute to legal research, writing, and publications to enhance the knowledge and understanding of the law in society.

Duty to uphold the rule of law and social justice

Advocates have a duty to uphold the rule of law and promote social justice. They must use their legal skills and knowledge to prevent and redress any violation of human rights, injustice, discrimination, or abuse of power. 

Advocates must also strive to eradicate corruption and promote transparency, accountability, and fairness in the legal system.

4. Duties of an Advocate towards Colleagues

Duty of professional courtesy and cooperation

Advocates have a duty to treat their colleagues with professional courtesy, respect, and cooperation. They must not engage in any conduct that may harm the reputation or interests of their colleagues. Advocates must strive to maintain a cordial and professional relationship with their colleagues and promote a healthy and harmonious working environment within the legal profession.

Duty to report professional misconduct

Advocates have a duty to report any instance of professional misconduct by their colleagues to the appropriate authorities, such as the Bar Council or the court. Advocates must not shield or protect their colleagues who engage in unethical or illegal conduct. 

Reporting professional misconduct is essential to maintain the integrity and reputation of the legal profession and uphold the interests of justice.

Duty to mentor and guide junior advocates

Advocates who have gained experience and expertise in the legal profession have a duty to mentor and guide junior advocates. They must share their knowledge, skills, and experience with junior advocates and help them in their professional development. 

Advocates must also strive to maintain a healthy and respectful relationship with their juniors, providing them with guidance, support, and constructive feedback.

5. Duties of an Advocate towards the Bar Council

Duty to comply with the code of ethics

Advocates have a duty to comply with the code of ethics and professional standards laid down by the Bar Council. Advocates must be familiar with the rules, regulations, and guidelines of the Bar Council and must adhere to them in their professional conduct. 

Advocates must also cooperate with any inquiries, investigations, or disciplinary proceedings initiated by the Bar Council and provide all necessary information and documents.

Duty to pay dues and fees

Advocates have a duty to promptly pay their dues, fees, and subscriptions to the Bar Council. Advocates must also promptly respond to any communications, notices, or requirements from the Bar Council and comply with their regulations and procedures.

Duty to participate in Bar Council activities

Advocates have a duty to actively participate in the activities of the Bar Council, such as elections, meetings, seminars, and workshops. Advocates must also contribute to the welfare and development of the legal profession by providing feedback, suggestions, and inputs to the Bar Council for its better functioning.

Duty to abide by the rules and regulations of the Bar Council

Advocates have a duty to abide by the rules, regulations, and code of conduct prescribed by the Bar Council of India or the State Bar Council. Advocates must familiarize themselves with the applicable rules and regulations and must comply with them in all their professional activities. 

Advocates must also keep themselves updated with any changes or amendments to the rules and regulations of the Bar Council, and must adhere to them at all times.

Duty to report misconduct

Advocates have a duty to report any misconduct or unethical behaviour of fellow advocates to the Bar Council. If an advocate becomes aware of any violation of the Advocates Act, the Bar Council rules, or any other ethical standards by another advocate, they must promptly report such misconduct to the Bar Council for appropriate action. 

Advocates must also cooperate with the Bar Council in any investigation or disciplinary proceedings related to such misconduct.

6. Duties of an Advocate towards Opposite Party and Opposite Counsel

Duty of fairness and respect towards the opposite party

Advocates have a duty of fairness and respect towards the opposite party. Advocates must not engage in any conduct that may harass, intimidate, or bully the opposite party. 

Advocates must also not indulge in any acts of misconduct, such as misrepresentation, suppression of evidence, or manipulation of facts, that may prejudice the rights and interests of the opposite party.

Duty of professional courtesy towards opposite counsel

Advocates have a duty of professional courtesy towards the opposite counsel. Advocates must treat the opposite counsel with respect, dignity, and professionalism. They must not engage in any conduct that may undermine the reputation or interests of the opposite counsel. 

Advocates must also not make any personal attacks or use derogatory language against the opposite counsel during court proceedings.

Duty to avoid conflicts of interest with the opponent

Advocates have a duty to avoid conflicts of interest with the opponent. Advocates must not represent conflicting interests that may compromise their ability to provide unbiased and effective representation to their clients. 

Advocates must also not engage in any activities that may be deemed as collusive or unethical, which may result in a compromise of the opponent’s rights or interests.

7. Duties of an Advocate Towards the Legal Profession

Duty to uphold the dignity and honour of the legal profession

Advocates have a duty to uphold the dignity, honour, and integrity of the legal profession. Advocates must maintain high standards of professional conduct, ethics, and morality. 

Advocates must not indulge in any conduct that may bring disrepute to the legal profession or erode public confidence in the legal system. Advocates must also not engage in any activities that may compromise their independence, impartiality, or integrity as a legal professional.

Duty to promote legal education and professional development

Advocates have a duty to promote legal education and professional development. Advocates must continuously update their knowledge, skills, and expertise in the field of law through regular study, research, and training. 

Advocates must also share their knowledge and experience with junior advocates and law students to contribute to the growth and development of the legal profession. Advocates must actively participate in legal seminars, workshops, and training programs to enhance their professional competence and stay updated with the latest legal developments.

Duty to maintain professional conduct and etiquette

Advocates have a duty to maintain professional conduct and etiquette in their interactions with clients, opponents, judges, court staff, and other stakeholders in the legal system. Advocates must conduct themselves with dignity, courtesy, and respect towards all parties involved in a case, irrespective of their personal opinions or differences. 

Advocates must also refrain from engaging in any behaviour that may be deemed unprofessional, unethical, or contemptuous of the court.

Duty to avoid misleading or false statements

Advocates have a duty to avoid making misleading or false statements in the course of their professional practice. Advocates must not make any false, exaggerated, or misleading claims about their qualifications, experience, or success rates to attract clients or gain an unfair advantage in a case. 

Advocates must also refrain from making any false statements or presenting fabricated evidence in court, as it undermines the integrity of the legal profession and the justice system.

Duty to respect the authority of the court

Advocates have a duty to respect the authority of the court and uphold the dignity and integrity of the judicial system. Advocates must not indulge in any behaviour that may undermine the authority of the court or obstruct the administration of justice. 

Advocates must comply with the rules, procedures, and orders of the court, and not engage in any conduct that may be deemed disrespectful, disobedient, or contemptuous of the court.

Conclusion

Advocacy is a noble profession that plays a crucial role in the administration of justice. Advocates, as officers of the court, have certain duties and responsibilities towards the court, their clients, opposing counsel, and the Bar Council. The duties of an advocate are enshrined in the Advocates Act, 1961, and the Bar Council of India Rules, and advocates are expected to uphold them with the utmost professionalism and integrity.

In this article, we have discussed the various duties of an advocate in India, including their duty to the court, duty to the client, duty to opposing counsel, and duty to the Bar Council. We have highlighted the relevant provisions from the Advocates Act, 1961, and the Bar Council of India Rules that outline these duties. With duties, there are rights of advocate too.

By upholding their duties, advocates can contribute to the effective functioning of the legal system, protect the rights and interests of their clients, maintain the dignity and integrity of the legal profession, and promote justice in society. Advocates must strive to uphold the highest standards of professionalism, ethics, and integrity in their practice and be vigilant in fulfilling their duties towards the court, clients, opposing counsel, and the Bar Council.