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Professional Ethics

Llb 3 years (Karnataka State Law University)

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What is Professional Ethics? Professional ethics means a code of rules which regulates the behavior and conduct of
a practicing lawyer towards himself, his client, his opposite party, his counsel and of course towards the court. Ethics
means principles of behavior which are applied to an ordinary citizen in the society shall be the standards of morals
for a lawyer too.

Professional ethics consist of those fundamental values on which the profession has been built. Legal ethics is one of
the professional ethics which lays down certain duties for the observance of its members, which he owes to the
society, to the court, to the profession, to his client and to himself.

The practicing lawyer shall have the social responsibility and dignity of the legal profession and high standard of
integrity and efficient service to his client as well as for public welfare.

Professional ethics demands not to disclose any secrets of his client or indulge in any unfair practice.

Code of Professional responsibility

The Code of Professional Responsibility consists of three separate but interrelated parts: Canons, Ethical
Considerations, and Disciplinary Rules. The Code is designed to be both an inspirational guide to the members of the
profession and a basis for disciplinary action when the conduct of a lawyer falls below the required minimum
standards stated in the Disciplinary Rules.

Certain amendments in Advocates Act 1961 have been constructed in the light of professional ethics in the legal
profession. It comes up with various conclusions like

(i)Misconduct means “all-inclusive besides drafted in the utmost potential provocative manner.”

(ii)The license of Practice of Lawyers in India can be annulled or suspended on a complaint about his behavior or
conduct made by a Justice or a Judicial Officer. (iii)Advocates shall not be able to claim the security of non-receipt of
fees while defending themselves against any proceedings initiated against them.

(iv)The Bill put forward imposition of a fine of Rs. 3 lakh and cost of proceedings in a complaint filed by a litigant
against legal representatives. It addition provides for payment of compensation up to Rs. 5 lakh to a person
aggrieved by a lawyer’s transgression. It also recommends imposing a fine of Rs. 2 lakh on a lawyer, if he does not
cooperate in the disciplinary proceedings.

The Code of Professional Responsibility points the way to the aspiring and provides standards by which to judge the
transgressor. Each lawyer's own conscience must provide the touchstone against which to test the extent to which
the lawyer's actions should rise above minimum standards. But in the last analysis it is the desire for the respect and
confidence of the members of the profession and of the society which the lawyer serves, that should provide to a
lawyer the incentive for the highest possible degree of ethical conduct. The possible loss of that respect and
confidence is the ultimate sanction. So long as its practitioners are guided by these principles, the law will continue to
be a noble profession. This is its greatness and its strength, which permit of no compromise. Code of conduct for
judges An independent and honorable judiciary is indispensable to justice in our society. A judge should maintain and
enforce high standards of conduct and should personally observe those standards, so that the integrity and
independence of the judiciary may be preserved. The provisions of this Code should be construed and applied to
further that objective.

A judge should respect and comply with the law and should act at all times in a manner that promotes public
confidence in the integrity and impartiality of the judiciary.

A judge should not allow family, social, political, financial, or other relationships to influence judicial conduct or
judgment.

A judge should not hold membership in any organization that practices invidious discrimination on the basis of race,

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sex, religion, or national origin.

A Judge should perform the duties of the office fairly, impartially and diligently and can engaged in extrajudicial
activities that are within obligations of judicial office.

A judge should be faithful to, and maintain professional competence in, the law and should not be swayed by partisan
interests, public calmer, or fear of criticism.

A judge should not act as a leader or hold any office in a political organization;

Should not make speeches for a political organization or candidate, or publicly endorse or oppose a candidate for
public office; solicit funds for, pay an assessment to, or make a contribution to a political organization or candidate, or
attend or purchase a ticket for a dinner or other event sponsored by a political organization or candidate.

A judge should resign the judicial office if the judge becomes a candidate in a primary or general election for any
office.

Conclusion

The legal profession is a profession of great honor. It has been created not for private gain but for public good. It is
not a money-making occupation but a branch of administration of justice. Since it is not a business, a lawyer cannot
solicit work or advertise either directly or indirectly. An advocate is an officer of the Court and required to maintain
towards the Court a respectful attitude bearing in mind that the dignity of the judicial office is essential for the survival
of the society. Th e Supreme Court has rightly observed that the legal profession is a partner with the judiciary in the
administration of justice.

The legal profession is not a business but a profession. It has been created by the state for the public good.

The behavior of an individual with others is considered as values that are generally cultured as an element of ethics.
Subsequently, these ethics transform into regard for and acquiescence to the law and the legal authorities.

When a student enters law institute; educationalists are confronted with law students with their peculiar moderately
matured beliefs, some of them by now completely implanted. This is an actuality that law schools should agree to
take as a starting socket in training Legal Ethics.

Afterward law school and the Bar, the turns of the profession and the administrative authorities twitch. The legitimate
profession, through the Bar and the law corporations, must aid and monitor its lawyer-members emancipate their
ethical bonuses, while the administrative authority – the Supreme Court – must be authoritarian though unbiased and
evenhanded.

It is imperative for one and all to have ethical modules in every single profession for the reason that at the sundown it
guides the moral awareness of that individual person in anything he does.

2. EXPLAIN 7 LAMPS OF ADVOCACY?

Advocacy is an honorable profession. Advocates are part and parcel of the judiciary
system.Their endeavors solve the conflicts in the society. Advocates defend the rights and
liabilities. They hold important and unique place in the society. Advocacy is not a craft but a
calling; a profession wherein devotion to duty constitutes the hallmark.

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Legal profession is regarded to be a noble one. A good advocate should possess some
essential qualities and equipment. Justice ‘Abbot Parry’ qualifies the following qualities as
“Seven Lamps of Advocacy”. They are (i) Honesty (ii) Courage (iii) Industry (iv) Wit (v)
Eloquence, (vi) Judgment and (vii) Fellowship.

1) Honesty
Honesty means the quality of straightforwardness; freedom from deceit, cheating or stealing
and not telling lies. Honesty is the most important quality that an advocate should possess.
His thoughts words and deeds should have sincere co-relation to each other with
genuineness. An Advocate should be dependable reliable to everyone who seeks his

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advise and services. The nobleness of legal profession lies in honesty itself. An advocate
should not do illegal practices. He should not do any act which will lead to professional
misconduct. He should disclose the real facts and legal profession to his clients frankly.
Honesty, integrity and character are inseparable. These there virtues together are essential
for the success of an advocate. The great sages of law had sucked the law from the breasts
of knowledge, honesty, gravity and integrity.

2) Courage
Courage is the quality that enables a person to control fear in the face of danger, pain,
misfortune, etc.; It is the duty of an Advocate to fearlessly uphold the interest of his client by
all fair means without fear of any unpleasant consequences to himself or any other person.
It is the knowledge and the skill of the Advocate that gives him the necessary courage and
confidence to present the case fearlessly and to uphold the interest of the client. Courage is
as good a weapon in the forum as in the war camp, According to Charles Hutton’s. ‘He hath
in perfection the three chief qualifications of an advocate; Boldness, — Boldness and
Boldness’.

3) Industry
Advocacy is needed a life of industry. An advocate must study his brief in the same way that
an actor studies his part. means hard work. Hard works is absolutely necessary for an
Advocate. His knowledge of law should be up to date. He shall never be ignorant of the
current law in force. He shall get acquainted with the latest law by systematic study. If one
ignores the law, the law will also ignore him. That is why it is said that “law is the jealous
mistress”. Lord Eldon Says, “An advocate must live like a hermit and work like a horse”.
Advocacy is an intellectual profession. Intelligence and knowledge will be sharpened with
hard-work and strenuous efforts.

4) Wit
Wit means clever and humorous expression of ideas; liveliness of spirit. Wit flows from
intelligence; understanding and quickness of mind. Wit lessens the work load of an
advocate. So constant clash between them is common. Anxiety for a favourable verdict on
the part of the lawyers; and perpetual worry for the pursuit of the truth on the part of the
judges generate strain and tension.

It relaxes his mental strain. Often the wit of an advocate will turn a Judge from an unwise
course, where Judgment, or rhetoric would certainly fail. The lamp of wit is needed to
lighten the darkness of advocacy.

5) Eloquence
The success of an advocate depends upon his eloquence. Eloquence means fluent
speaking and skilful use of language to persuade or to appeal to the feelings of others.
Fluent speaking impresses the listener. As advocate must be fluent, skilful in using
appropriate words to impress the Court. Eloquence attracts the attention of the listener.

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Eloquence is related to the art of oratory. ‘Eloquence of manner is real eloquence’ and there
is a physical as well as psychological side to advocacy.

Words are his keys of thoughts. Strong vocabulary gives him assurance, build his self
confidence and build his personality. Words must be employed with eloquence. The art of
persuasive and impressive speaking will give the desired result in his favour.

6) Judgment
Judgment is an intellectual capacity, ‘the inspiration which enables a man to translate good
sense into right action’. It means the ability to come to a sensible conclusion and make wise
decisions at the relevant time in the proper way. It is on the basis of these conclusions he
should employ the necessary facts and the techniques in the case which he is engaged.
This quality is necessary from the beginning of filing the case till its final disposal. An
Advocate must always anticipate all the possible moves of the other side and must develop
the necessary presence of mind , alertness and tact to cope with any awkward situation of
difficulty that may arise in the case.

Judge Abbot Parry has referred to judgment as one of the seven lamps; but he refers to it
essentially as an intellectual capacity, ‘the inspiration’ which enables a mean to translate
good sense into right action e.g. ‘seeing the right point of his case’ and the like.

7) Fellowship
Fellowship means the membership in friendly association or companionship. Fellowship is
exactly like great public schools, the boys of which have grown older, and have exchanged
boyish for manly objects. In legal profession, one Advocate fights with another Advocate for
justice before the learned judge. There may be controversies and contradictions in their
contention relating to the case, but that shall never affect the fellowship. The Advocates
should refer the opposite party’s Advocate as “Learned Friend” and the judge should be
referred as “Learned Judge”. In order to maintain the fellowship, the Bar Council of India
has laid down certain rules to be observed as the duty to colleagues. Among advocates,
there is just the same rough familiarly, the general ardour of character, the same kind of
public opinion expressed in exactly the same blunt, unmistakable manner. By keeping the
lump of fellowship burning, advocates encourage each other by sharing the knowledge to
walk in the light of the seven lamps of advocacy.

Tact
A new lamp was added by K.V. Krishnaswamy Aiyer, in his book “Professional Conduct
and Advocacy” adds one more lamp i.e. tact. Tact means handling people and situations
skilfully and without causing offence. An advocate must be in a position to tackle and win
his client, opponent party, opponent advocate in a smoother way. Many people of unequal
ability have failed for want of tack. An advocate should not quarrel with Court or loose
temper over trifle things in the Court and outside. Men of unquestioned ability have suffered
for quarreling with the tribunal or for standing on their dignity over trifles, for getting their
clients, or for losing their tempers; they are men of parts but more properly refers to the
human side of putting into action the result of one’s judgment.

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Legal Profession in India

The Legal Profession has always been an important limb for administration of justice. Without,
profession of law, the courts would not be in a position to administer and provide justice efficiently as
the evidence in support or against the parties to a suit cannot be legitimately marshalled, facts
cannot be properly articulated and the appropriate legal arguments in favour or against the case of
the parties cannot be put forth before the court. “A well-organized system of judicial administration
proposes a properly equipped and proficient Bar.”

The modern legal profession in India has frontier roots, emerging with the advent of Mayor's Courts
in Madras and Calcutta in 1726. However, it was not until 1846, through the Legal Practitioner's Act,
that the doors of profession were thrown open to all those duly qualified, certified and of good
character, irrespective of nationality or religion. Women were still excluded from the profession at
this stage, to be thereafter admitted through the Legal Practitioner's (Women) Act, III of 1923. The
legal profession in India, which includes both the practice of law as well as professional legal
education, is regulated by the Advocates Act, 1961.The Bar Council of India (BCI) is envisaged
under the Advocates Act as a body for regulating the minimum standards to be maintained by
institutions imparting legal education in India. The reformation of legal education in India undertaken
since the late 1980s at the initiative of the BCI, the University Grants Commission (UGC), the Law
Commission of India and various state governments has led to the establishment of various national
law schools in India in the last two decades. India has the second largest population of lawyers in
the world, second only to the United States. Many persons admitted that practice law in India has
gradually increased from about 70,000 at time of Independence in 1947 to some 1.25 million in
2014.

India has a recorded legitimate history beginning from the Vedic ages and some kind of common law
framework might have been set up amid the Bronze Age and the Indus Valley civilization.
Notwithstanding this, the advancement of "law" as a calling is just a late wonder. The Indian
legitimate calling is one of the biggest on the planet and assumes a fundamental part on the planet's
biggest vote based system. While the bases of this calling lie before Independence, from that point
forward the calling has developed enormously and as of now faces different difficulties; the most
imperative being to give access over the calling, guarantee moral establishments and modernize the
practice no matter how you look at it.
History of Legal Profession of India
The history of the legal profession in India can be track from the establishment of the First British
Court in Bombay in the year of 1672 by respective Governor Aungier. The admissions of attorneys
were placed in hands of Governor-in-Council and not with the Court. Before the establishment of
Mayor’s Courts in 1726 in Madras and Calcutta, there were no legal experts in India.

Mayor's Courts- There was no established legal profession until the establishment of the Mayor's
Court. Those who practised law were devoid of legal training and some of the functionaries under
the Mayor's courts were dismissed servants of the British East India Company. There were some
years which played important roles in setting up the courts in India.

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The Advocates Act, 1961

After the establishment of the Advocates Act ,1961 all the old classes of experts and legal
practitioners (vakils, barristers, pleaders of various grades, and mukhtars) were abolished and were
compiled into a single category known as "Advocates" who enjoys the privilege to practice in courts
throughout the India. The Advocates Act also additionally establish an All India Bar Council for the
first time in history of India, with the Attorney-General and Solicitor General of India as the ex- officio
members of Bar Council. The All India Bar Council has one member selected by each State Bar
Council and it selects its own Chairman and Vice Chairman. The Act has created a State Bar
Council in each ad every State with the Advocate General of the State as an ex- officio member, and
fifteen to twenty-five Advocates elected for a time period of five years. The State Council's important
functions include: enrolling law graduates on its Roll, conducting cases of misconduct against
Advocates on the Roll and to organize legal aid, among other functions. Application for enrolment is
therefore made to the State Bar Council.

3. Duties of an Advocate towards the Court in

India

An advocate shall, at all times, comfort himself in a manner befitting to his

status as an officer of the Court, a privileged member of the community, and a
gentleman, bearing in mind that what may he lawful and moral for a person who
is not a member of Bar, or for a member of Bar in his non-professional capacity,
may still be improper for an advocate.

The duties of an advocate towards the Court are as follows:-

Section 1 of the Bar Council of India Rules provides for advocate's duties to the
Court, as follows:

Rule 1. An advocate shall, during the presentation of his case and while
otherwise acting before a Court, conduct himself with dignity and self-respect. l:Ie
shall not be servile and whenever there is proper ground for serious complaint
against a judicial officer, it shall be his right and duty to submit his grievance to
proper authority.

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Rule 2. An advocate shall maintain towards the Court a respectful attitude bearing
in mind that the dignity of the judicial office is essential for the survival of a free
community.

Rule 3. An Advocate shall not influence the decision of a Court by an illegal or

improper means. Private communications with a judge relating to a pending case
are forbidden.

Rule 4. An advocate shall use his best efforts to restrain and prevent his client
from resorting to sharp or unfair practices or from doing anything in relation to
the Court, opposing counsel or parties which the advocate himself ought not to
do. An advocate shall refuse represent the client who persists in such improper
conduct. He shall not consider himself a mouthpiece of the client, and shall
exercise his own judgment in the use of restrained language in correspondence,
avoiding scurrilous attacks in pleadings and using imperative language during
arguments in Courts.

Rule 5. An advocate shall appear in Court at all times only the prescribed dress,
and his appearance shall always be presentable.

Rule 6. An advocate shall not enter appearance, act, plead practise in any way
before a Court, Tribunal or Authority as mentioned in Section 30 of the Act, if the
sole or any member thereof is related the advocate, as 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.

Rule 7. An advocate shall not wear bands or gown in public placed other than in
Courts except on such ceremonial occasions and at such places as the Bar Council
of India or the Court may prescribe.

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Rule 8. An advocate shall not appear in or before any Court or Tribunal or any
other Authority for or against an organisation or an institution, society or
corporation, if he is the member of t e Executive Committee of such organisation
or institution or society or corporation. "Executive Committee" by whatever
name it may be called, shall include any committee or body or persons which, for
the time being, is vested with the general management of the affairs of the
organisation or institution, society or corporation :

Provided that this rule shall not apply to such a member appearing as "amicus
curiae" or without a fee in a matter affecting the affairs of Bar Council,
Incorporated Law Society, or a Bar Association.

Rule 9. An advocate shall not act or plead in any matter in which he is himself
peculiarly interested. For example, (i) He shall not act in a bankruptcy petition
when he himself is also a creditor of the bankrupt,. (ii) He should not accept a
brief from a company of which he is a director.

Rule 10. 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.

The abovementioned self-explanatory provisions enable an advocate to act

independently and fearlessly during the course of his duty as a pleader of his
client. He: has a duty and right to submit his grievance to proper authority against
a judicial officer. Besides, he has to aid the Courts for due discharge of fair
administration of justice by not influencing the decision of the Court by an illegal
and improper means. He will not have any private communications with the judge
in respect of pending cases in the Court.

In D.C Saxena v. Chief Justice of India, AIR 1996 SC 2481, the Supreme
Court has held that a party or a counsel appearing before the Court should not

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use in his pleadings, the scurrilous allegations against the judge or the Court in
order to maintain the dignity and decorum of the Court, otherwise, the
reputation and dignity of the judge would disappear and the independence of the
judiciary would be badly affected.

RULES ON AN ADVOCATE’S DUTY TOWARDS THE COURT

1. Act in a dignified manner

During the presentation of his case and also while acting before a court, an advocate should

act in a dignified manner. He should at all times conduct himself with self-respect. However,

whenever there is proper ground for serious complaint against a judicial officer, the

advocate has a right and duty to submit his grievance to proper authorities.

2. Respect the court

An advocate should always show respect towards the court. An advocate has to bear in

mind that the dignity and respect maintained towards judicial office is essential for the

survival of a free community.

3. Not communicate in private

An advocate should not communicate in private to a judge with regard to any matter

pending before the judge or any other judge. An advocate should not influence the decision

of a court in any matter using illegal or improper means such as coercion, bribe etc.

4. Refuse to act in an illegal manner towards the opposition

An advocate should refuse to act in an illegal or improper manner towards the opposing

counsel or the opposing parties. He shall also use his best efforts to restrain and prevent his

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client from acting in any illegal, improper manner or use unfair practices in any mater

towards the judiciary, opposing counsel or the opposing parties.

5. Refuse to represent clients who insist on unfair means

An advocate shall refuse to represent any client who insists on using unfair or improper

means. An advocate shall excise his own judgment in such matters. He shall not blindly

follow the instructions of the client. He shall be dignified in use of his language in

correspondence and during arguments in court. He shall not scandalously damage the

reputation of the parties on false grounds during pleadings. He shall not use

unparliamentary language during arguments in the court.

6. Appear in proper dress code

An advocate should appear in court at all times only in the dress prescribed under the Bar

Council of India Rules and his appearance should always be presentable.

7. Refuse to appear in front of relations

An advocate should not enter 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 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.

8. Not to wear bands or gowns in public places

An advocate should not wear bands or gowns in public places other than in courts, except

on such ceremonial occasions and at such places as the Bar Council of India or as the court

may prescribe.

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9. Not represent establishments of which he is a member

An advocate should not appear in or before any judicial authority, for or against any

establishment if he is a member of the management of the establishment. This rule does

not apply to a member appearing as “amicus curiae” or without a fee on behalf of the Bar

Council, Incorporated Law Society or a Bar Association.

10. Not appear in matters of pecuniary interest

An advocate should not act or plead in any matter in which he has financial interests. For

instance, he should not act in a bankruptcy petition when he is also a creditor of the

bankrupt. He should also not accept a brief from a company of which he is a Director.

11. Not stand as surety for client

An advocate should not stand as a surety, or certify the soundness of a surety that his client

requires for the purpose of any legal proceedings.

ADVOCATE’S DUTY TOWARDS THE CLIENT

1. Bound to accept briefs

An advocate is bound to accept any brief in the courts or tribunals or before any other

authority in or before which he proposes to practise. He should levy fees which is at par with

the fees collected by fellow advocates of his standing at the Bar and the nature of the case.

Special circumstances may justify his refusal to accept a particular brief.

2. Not withdraw from service

An advocate should not ordinarily withdraw from serving a client once he has agreed to

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serve them. He can withdraw only if he has a sufficient cause and by giving reasonable and

sufficient notice to the client. Upon withdrawal, he shall refund such part of the fee that has

not accrued to the client.

3. Not appear in matters where he himself is a witness

An advocate should not accept a brief or appear in a case in which he himself is a witness.

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 should retire from the case without

jeopardising his client’s interests.

4. Full and frank disclosure to client

An advocate should, at the commencement of his engagement and during the continuance

thereof, make all such full and frank disclosure to his client relating to his connection with

the parties and any interest in or about the controversy as are likely to affect his client’s

judgement in either engaging him or continuing the engagement.

5. Uphold interest of the client

It shall be the duty of an advocate fearlessly to uphold the interests of his client by all fair

and honourable means. An advocate shall do so without regard to any unpleasant

consequences to himself or any other. He shall defend a person accused of a crime

regardless of his personal opinion as to the guilt of the accused. An advocate should always

remember that his loyalty is to the law, which requires that no man should be punished

without adequate evidence.

6. Not suppress material or evidence

An advocate appearing for the prosecution of a criminal trial should conduct the

proceedings in a manner that it does not lead to conviction of the innocent. An advocate

shall by no means suppress any material or evidence, which shall prove the innocence of

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the accused.

7. Not disclose the communications between client and himself

An advocate should not by any means, directly or indirectly, disclose the communications

made by his client to him. He also shall not disclose the advice given by him in the

proceedings. However, he is liable to disclose if it violates Section 126 of the Indian

Evidence Act, 1872.

8. An advocate should not be a party to stir up or instigate litigation.

9. An advocate should not act on the instructions of any person other than his client

or the client’s authorised agent.

10. Not charge depending on success of matters

An advocate should not charge for his services depending on the success of the matter

undertaken. He also shall not charge for his services as a percentage of the amount or

property received after the success of the matter.

11. Not receive interest in actionable claim

An advocate should not trade or agree to receive any share or interest in any actionable

claim. Nothing in this rule shall apply to stock, shares and debentures of government

securities, or to any instruments, which are, for the time being, by law or custom, negotiable

or to any mercantile document of title to goods.

12. Not bid or purchase property arising of legal proceeding

An advocate should not by any means bid for, or purchase, either in his own name or in any

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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. 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.

13. Not bid or transfer property arising of legal proceeding

An advocate should not by any means bid in court auction or acquire by way of sale, gift,

exchange or any other mode of transfer (either in his own name or in any other name for his

own benefit or for the benefit of any other person), any property which is the subject matter

of any suit, appeal or other proceedings in which he is in any way professionally engaged.

14. Not adjust fees against personal liability

An advocate should not adjust fee payable to him by his client against his own personal

liability to the client, which does not arise in the course of his employment as an advocate.

15.An advocate should not misuse or takes advantage of the confidence reposed in

him by his client.

16.Keep proper accounts

An advocate should always keep accounts of the clients’ money entrusted to him. The

accounts should show the amounts received from the client or on his behalf. The account

should show along with the expenses incurred for him and the deductions made on account

of fees with respective dates and all other necessary particulars.

17. Divert money from accounts

An advocate should mention in his accounts whether any monies received by him from the

client are on account of fees or expenses during the course of any proceeding or opinion.

He shall not divert any part of the amounts received for expenses as fees without written

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instruction from the client.

18. Intimate the client on amounts

Where any amount is received or given to him on behalf of his client, the advocate must

without any delay intimate the client of the fact of such receipt.

19. Adjust fees after termination of proceedings

An advocate shall after the termination of proceedings, be at liberty to adjust the fees due to

him from the account of the client. The balance in the account can be the amount paid by

the client or an amount that has come in that proceeding. Any amount left after the

deduction of the fees and expenses from the account must be returned to the client.

20. Provide copy of accounts

An advocate must provide the client with the copy of the client’s account maintained by him

on demand, provided that the necessary copying charge is paid.

21. An advocate shall not enter into arrangements whereby funds in his hands are

converted into loans.

22. Not lend money to his client

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. An advocate cannot be held guilty for a

breach of this rule, if in the course of a pending suit or proceeding, and without any

arrangement with the client in respect of the same, the advocate feels compelled by reason

of the rule of the Court to make a payment to the Court on account of the client for the

progress of the suit or proceeding.

23. Not appear for opposite parties

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An advocate who has advised a party in connection with the institution of a suit, appeal or

other matter or has drawn pleadings, or acted for a party, shall not act, appear or plead for

the opposite party in the same matter.

EQUIPMENTS OF ADVOCATE :
The general equipments of an advocates
are :1. Honesty, Integrity and character.2. Patience and perseverance.3. Le
gal learning.4. General education5.
Memory6. Study of law reports.7. Manners in court.8. Presentation of case.
9. Independence and dignity.10. Use of legal phraseology.IV.

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

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•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

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–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

Knowledge: The profession of an advocate/attorney is considered as Noble Profession

from times immemorial. The duties of an advocate are sacrosanct in nature. Your client
poses complete faith in you and you have to handle the cases very carefully as it may
affect the rights, properties or even life of the clients. Thus, to do so, you have to have
very good knowledge of the subject. Which you could acquire by preparing well and
doing research.

Knowledge should not be limited to the law, rather it shall be of everything which is
happening around. Further, having a good vocabulary is an asset for a lawyer.

b) The Trick is to live the brief: One of the most essential aspect of becoming a good
lawyer is to live the brief of your client. It signifies that you should be very well versed
with the facts of the case and you should have complete command over it. Thereafter,
you should blend the law and facts in such a manner, so as to establish a great case.

c) Passion: One should have great passion towards law, if one intends to become a
lawyer. Without passion, it will not interest you, rather you will feel it boring, tiring and
hectic.

d) Patience: This essential is for those, who don’t belong to the dynasties of advocates
or who don’t have any god-father’s who have got their back. You have to have patience
in order to develop your practice. Cases would come slow, fees would be less, life will get
tougher. But wait for your turn, and when it comes, strike hard.

e) Build connections: Try to build as many connections as you could. These are your
prospective clients. Help them out when they need you. Sometimes, you have to even
work for free. Do it. It will pay handsomely at some point of time in your life.

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RESTRICTION ON OTHER EMPLOYMENT:

Rules 47 to 52 of Bar Council of India Rules puts a restriction on

advocates from taking up other employments....
Restriction on Advocates to take up other employments
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney,
counsel or solicitor; a person licensed to practice law." The profession of law is called a noble
profession. It does not remain noble merely by calling it as such unless there is a continued,
corresponding and expected performance of a noble profession. Its nobility has to be preserved,
protected and promoted. An institution cannot survive in its name or on its past glory alone. The
glory and greatness of an institution depends on its continued and meaningful performance with
grace and dignity. The profession of law being noble and honourable one, it has to continue its
meaningful, useful and purposeful performance inspired by and keeping in view the high and rich
traditions consistent with its grace, dignity, utility and prestige. Hence the provisions of the
Advocates Act and Rules made there under inter alia aimed at to achieve the same ought to be
given effect to in their true spirit and letter to maintain clean and efficient Bar in the country to serve
cause of justice which again is noble one. The Supreme court in Dr. Haniraj L. Chulani vs. Bar
Council of Maharashtra & Goa, while dealing with the validity of Rule 1 of the Maharashtra and Goa
Bar Council Rules relating to enrolment of Advocates eligibility conditions, in para 20 has observed
that `legal profession requires full time attention and would not countenance an Advocate riding two
horses or more at a time'. The Bar Council has framed specific rules in this regarding putting
restriction on other employments by the Advocates.

Chapter II of the Bar Council of India Rules made under Section 49(1)(c) of the Act read with the
proviso thereto deals with standards of professional conduct and etiquette. Preamble of Chapter II
reads: -

"An advocate shall, at all times, comport himself in a manner befitting his status as an officer of the
Court, a privileged member of the community, and a gentleman, bearing in mind that what may be
lawful and moral for a person who is not a member of the Bar, or for a member of the Bar in his non-
professional capacity may still be improper for an Advocate. Without prejudice to the generality of
the foregoing obligation, an Advocate shall fearlessly uphold the interests of his client, and in his
conduct conform to the rules hereinafter mentioned both in letter and in spirit. The rules hereinafter
mentioned contain canons of conduct and etiquette adopted as general guides; yet the specific
mention thereof shall not be construed as a denial of the existence of other equally imperative
though not specifically mentioned."

Rules 47 to 52 of Section VII of the rules deals with restrictions on other employments. This
restriction is considered as a general etiquette on the part of lawyers as the profession of law is a
noble profession and requires full time dedication.

Restriction on Other Employments

Rule 47 provides that an advocate shall not personally engage in any business; but he may be a
sleeping partner in a firm doing business provided that in the opinion of the appropriate State Bar
Council, the nature of the business is not inconsistent with the dignity of the profession. Rule 48
makes it very clear that an advocate may be Director or Chairman of the Board of Directors of a

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company with or without any ordinarily sitting fee, provided none of his duties are of an executive
character. An advocate shall not be a Managing Director or a Secretary of any company. If the
functions of the advocate as a member of the Board of Directors is in case executive in nature, then
that action would be against rule 48. An advocate cannot run any business personally and earn a
profit. Rule 47 strictly prohibits that.

Under Rule 49 of the Bar Council of India Rules, an advocate shall not be a full-time employee of
any person, Government, firm, corporation or concern and on taking up such employment, shall
intimate such fact to the Bar Council concerned and shall cease to practise as long as he is in such
employment. However, there was an exception made in such cases of law officers of the
Government and corporate bodies despite his being a full- time salaried employee if such law officer
was required to act or plead in court on behalf of others. It was only to those who fall into other
categories of employment that the bar under Rule 49 would apply[1]. An advocate employed by the
Government or a body corporate as its law officer even on terms of payment of salary would not
cease to be an advocate in terms of Rule 49 if the condition is that such advocate is required to act
or plead in courts on behalf of the employer. But this exception were deleted in June, 2001 meeting
vide Resolution No.65/2001[2].

The test, therefore, is not whether such person is engaged on terms of salary or by payment of
remuneration, but whether he is engaged to act or plead on its behalf in a court of law as an
advocate. In that event the terms of engagement will not matter at all. What is of essence is as to
what such law officer engaged by the Government does - whether he acts or pleads in court on
behalf of his employer or otherwise. If he is not acting or pleading on behalf of his employer, then he
ceases to be an advocate. If the terms of engagement are such that he does not have to act or
plead, but does other kinds of work, then he becomes a mere employee of the Government or the
body corporate. Therefore, the Bar Council of India has understood the expression "advocate" as
one who is actually practicing before courts which expression would include even those who are law
officers appointed as such by the Government or body corporate.

In a case[3] a person was enrolled as an advocate despite being a full time salaried employee as
Law officer. The State Bar Council (Bar Council of Himachal Pradesh) had not made any Rule
entitling full time salaried Law officers for practising as an advocate. The work of the person so
enrolled was not mainly or exclusively to act or plead in Court as ‘Law officer’. He was not entitled to
be enrolled as an advocate. His name may be removed from the roll of State bar council. Such
removal was not taken as punishment but rectification of mistake. Thus the cancellation or
withdrawal of enrolment was not taken as a punishment and therefore, in such condition the
procedure to be followed in case of punishment for professional misconduct was not required to be
observed.

If in the rules of any State Bar Council, a provision is made entitling Law officers of the Central
government or a State or any Public Corporation or body constituted by a statute, the bar contained
in Rule 49 shall not apply to such officers despite them being full time salaried employees. The court
has observed further that not every Law officer, but only a person who is designated as a Law
Officer by terms of his appointment and who, by the said terms is required to act and/or plead in
courts on behalf of his employer can avail the benefit of the exception contained in Rule 49.

Rule 50 provides that an advocate who has inherited, or succeeded by survivorship to a family
business may continue it, but may not personally participate in the management thereof. He may
continue to hold a share with others in any business which has descended to him by survivorship or
inheritance or by will, provided he does not personally participate in the management thereof. As the
purpose of these restrictions is to preserve the dignity and nobility of the legal profession, holding of
share with others in any business which he inherited is not prohibited provided he is not participating
in the management of the business there by compromising on the dedication and attention to the

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profession.

According to rule 51 an advocate may review Parliamentary Bills for a remuneration, edit legal text
books at a salary, do press-vetting for newspapers, coach pupils for legal examination, set and
examine question papers; and subject to the rules against advertising and full-time employment,
engage in broadcasting, journalism, lecturing and teaching subjects, both legal and non-legal. An
advocate has a duty to his colleagues under Rule 36 not to solicit work or advertise, either directly or
indirectly, whether by circulars, advertisements, touts, personal communications, interviews not
warranted by personal relations, furnishing or inspiring newspaper comments or producing his
photographs to be published in connection with cases in which he has been engaged or concerned.
The occupations allowed under Rule 52 are subject to this rule also.

Rule 51 enacts a prohibition. It is a principle of professional ethics now embodied in a statutory rule.
The violation of the rule makes the legal practitioner guilty of professional misconduct. But it does
not prohibit a dismissed Government servant who has obtained so laboriously a declaration in his
favour from claiming his just dues of salary or arrears of pay. The members of a profession must
conform to the ethical standards of the profession. Rule 51 requires conformity. Law is monopolistic
profession.[4]
If the appointment as Assistant public Prosecutor is for the purpose of creating an employment for
him, then it is needless to say that Rule 51 of the Bar Council of India Rules would segregate him
from advocates. Therefore, it would not be possible for him to contend that by adding the years, of
working as A.P.P he would be having seven years standing as an advocate. But if it is to be
interpreted that Sec 25 of the Code of Criminal Procedure enjoins the appointment of an advocate
as Assistant Public Prosecutor for conducting prosecution in courts of Magistrates, then it debars the
appointee to call himself an advocate. Sections 24, 29 and 30 of the Advocates Act, 1961 and the
rules of the Bar Council of India also would deny him the right to be called an advocate as having
been appointed as A.P.P. Therefore, such a person cannot be permitted to add the period serving as
A.P.P to the period of practising as advocate for claiming “seven years’ standing’ as an advocate.[5]
Rule 51 permits the lecturing and teaching subjects, both legal and non-legal. However, this right is
subject to the Advocates (Right to take up Law teaching) rules, 1979. According to rule 3 of the said
rules an advocate may, while practicing, take up teaching of law in any educational institution which
is affiliated to a University within the meaning of the University Grants Commission Act, 1956 (3 of
1956), so long as the hours during which he is so engaged in the teaching of law do not exceed
three hours in a day. When any advocate is employed in any such educational institution for the
teaching of law, such employment shall, if the hours during which he is so engaged in the teaching
of law do not exceed three hours, be deemed, for the purposes of the Act and the rules made there
under, to be a part-time employment irrespective of the manner in which such employment is
described or the remuneration receivable (whether by way of a fixed amount or on the basis of any
time scale of pay or in any other manner) by the advocate for such employment.

Rule 52 states that nothing in these rules shall prevent an advocate from accepting after obtaining
the consent of the State Bar Council, part-time employment provided that in the opinion of the State
Bar Council, the nature of the employment does not conflict with his professional work and is not
inconsistent with the dignity of the profession. This rule shall be subject to such directives if any as
may be issued by the Bar Council India from time to time. Teaching of law for not more than three
hours a day is considered as a part-time employment.

Standards of Professional Conduct and Etiquette to be Observed by

Advocates Standards of Professional Conduct and Etiquette (Made

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by the Bar Council of India under Section 49(1 )(c) of the Advocates
Act, 1961)

An Advocate shall, at all times, comport himself in a manner befitting his status as an officer of
the Court, a privileged member of the community, and a gentleman, bearing in mind that what
may be lawful and normal for a person who is not a member of the Bar, or for a member of the
Bar in his nonprofessional capacity may still be improper for an advocate. Without prejudice to
the generality of the foregoing obligation, an advocate shall fearlessly uphold the interests of his
client, and in his conduct conform to the rules hereinafter mentioned both in letter and in spirit.
The rules hereinafter mentioned contain cannons of conduct and etiquette adopted as general
guides; yet specific mention thereof shall not be construed as a denial of the existence of others
equally imperative though not specifically mentioned. Section I—Duty to the Court 1. An
advocate shall, during the presentation of his case and while otherwise acting before a Court,
conduct himself with dignity and self-respect. He shall not be servile and whenever there is
proper ground for serious complaint against a judicial officer, it shall be his right and duty to
submit his grievance to proper authorities. 2. An advocate shall maintain towards the Courts a
respectful attitude, bearing in mind that the dignity of the judicial office is essential for the
survival of a free community. 3. An advocate shall not influence the decision of a Court by any
illegal or improper means. Private communications with Judge relating to a pending case are
forbidden. 4. An advocate shall use his best efforts to restrain and prevent his client from
restoring to sharp or unfair practices or from doing anything in relation to the Court, opposing
counsel or parties which the advocate himself ought not to do. An advocate shall refuse to
represent the client who persists in such improper conduct. He shall not consider himself a mere
mouthpiece of the client, and shall exercise his own judgment in the use of restrained language in
correspondence, avoiding scurrilious attacks in pleadings, and using intemperate language during
arguments in Court. 5. An advocate shall appear in Court at all times only in the prescribed dress,
and his appearance shall always be presentable. 6. An advocate shall not enter appearance, act,
plead or practice in any way before a Court, Tribunal or Authority mentioned in Section 30 of
the Act, if the sole or any member thereof is related to be Advocate as father, grandfather, son,
grandson, uncle, brother, nephew, first cousin, husband, wife, mother, daughter, sister, aunt,
niece, father-in-law, daughter-in-law or sister-in-law. 7. An advocate shall not wear bands or
gown in public places other than in Courts except on such ceremonial occasions, and at such
places as the Bar Council or the Court may prescribe. 8. An Advocate shall not appear in or
before any Court or Tribunal or any other authority for or against an organisation or an
institution, society or corporation, if he is a member of the Executive Committee of such
organisation or institution or society or corporation. “Executive Committee,” by whatever name
it may be called, shall include any Committee or body of persons which, for the time being, is
vested with the general management of the affairs of the organisation or institution, society or
corporation. Provided that this Rule shall not apply to such a member appearing as „amicus
curiae‟ or without a fees in a matter affecting the affairs or a Bar Council, Incorporated Law
Society or a Bar Association. 9. An Advocate should not act or plead in any matter in which he
himself is pecuniarily interested. Illustration I. He should not act in a bankruptcy petition when
he himself is also a creditor of the bankrupt. II. He should not accept a brief from a company of
which he is a director. 10. An Advocate shall not stand as a surety, or certify the soundness of

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surety, for his client required for the purpose of any legal proceedings. Section II—Duty to the
Client 11. An Advocate is bound to accept any brief in the Courts or Tribunals or before any
authority in or before which he professes to practise at a fee consistent with his standing at the
Bar and the nature of the case. Special circumstances may justify his refusal to accept a
particular brief. 12. An Advocate shall not ordinarily withdraw from engagements once accepted,
without sufficient cause and unless reasonable and sufficient notice is given, to the client. Upon
his withdrawal from a case, he shall refund such part of the fee as has not been earned. 13. An
Advocate should not accept a brief or appear in a case in which he has reason to believe that he
will be a witness and if being engaged in case, it becomes apparent that he is a witness on a
material question of fact, he should not continue to appear as an Advocate if he can retire without
jeopardising his client‟s interests. 14. An Advocate shall at the commencement of his
engagement and during the continuance thereof, make all such full and frank disclosures to his
client relating to his connection with the parties and any interest in or about the controversy as
are likely to affect his client‟s judgment in either engaging him or continuing the engagement.
15. It shall be the duty of an advocate fearlessly to uphold the interests of his client by all fair
and honourable means without regard to any unpleasant consequences to himself or any other.
He shall defend a person accused of a crime regardless of his personal opinion as to the accused,
bearing in mind that his loyalty is to the law which requires that no man should be convicted
without adequate evidence. 16. An Advocate appearing for the prosecution in a criminal trial
shall so conduct the prosecution that it does not lead to conviction of the innocent. The
suppression of material capable of establishing the innocence of the accused shall be
scrupulously avoided. 17. An Advocate shall not, directly or indirectly, commit a breach of the
obligations imposed by Section 126 of the Indian Evidence Act. 18. An Advocate shall not, at
any time, be a party to fomenting of litigation. 19. An Advocate shall not act on the instruction of
any person other than his client or his authorised agent. 20. An Advocate shall not stipulate for a
fee contingent on the results of litigation or agree to share the proceeds thereof. 21. An Advocate
shall not buy or traffic in or stipulate for or agree to receive any share or interest in any
actionable claim. Nothing in this Rule shall apply to stock, shares debentures or government
securities, or to any instruments which are for the time being, by law or custom negotiable, or to
any mercantile document or title to goods. 22. An Advocate shall not, directly or indirectly, bid
for or purchase, either in his own name or in any other name, for his own benefit or for the
benefit of any person, any property sold in the execution of a decree or order in any suit, appeal
or other proceeding in which he was in any way professionally engaged. This prohibition,
however, does not prevent an Advocate from bidding for or purchasing for his client any
property which his client may himself legally bid for or purchase provided the Advocate is
expressly authorised in writing in this behalf. 23. An Advocate shall not adjust fees 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. 24. An Advocate shall not do any thing whereby
he abuses or takes advantage of the confidence reposed in him by his client. 25. An advocate
should keep accounts of the client‟s money entrusted to him, and the accounts should show the
amounts received from the client or on his behalf, the expenses incurred for him and the debits
made on account of fees with respective dates and all other necessary particular. 26. Where
moneys are received from or on account of a client, the entries in the accounts should contain a
reference as to whether the amounts have been received for fees or expenses, and during the
course of the proceedings, no Advocate shall, except with the consent in writing of the client
concerned, be at liberty to divert any portion of the expenses towards fees. 27. Where any

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amount is received or given to him on behalf of his client the fact of such receipt must be
intimated to the client as early as possible. 28. After the termination of the proceeding the
Advocate shall be at liberty to appropriate towards the settled fee due to him any sum remaining
unexpended out of the amount paid or sent to him for expenses, or any amount that has come
into his hands in that proceeding. 29. Where the fee has been left unsettled, the Advocate shall be
entitled to deduct, out of any moneys of the client remaining in his hands, at the termination of
the proceeding for which he had been engaged, the fee payable under the rules of the Courts in
force for the time being, or by then settled and the balance, if any, shall be refunded to the client.
30. A copy of the clients account should be furnished to him on demand provided the necessary
copying charge is paid. 31. An Advocate shall not enter into arrangements whereby funds in his
hands are converted into loans. 32. 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. Explanation—
An Advocate shall not be held guilty of a breach of this rule, if in the course of a pending, suit or
proceedings, and without any arrangement with the client in respect of the same, the Advocate
feels compelled by reason of the rule of the Court to make a payment to the Court on account of
the client for the progress of the suit or proceeding. 33. An Advocate who has at any time,
advised in connection with the institution of a suit, appeal or other matter or has drawn pleadings
or acted for a party, shall not appear or plead for the opposite party. Section III—Duty to
Opponent 34. An Advocate shall not in any way communicate or negotiate upon the subject
matter of controversy with any party represented by an Advocate except through that Advocate.
35. An Advocate shall do his best to carry out all legitimate promises made to the opposite party
even though not reduced to writing or enforceable under rules of the Court. Section IV—Duty to
Colleagues 36. An Advocate shall not solicit work or advertise, either directly or indirectly,
whether by circulars. Advertisements, touts, personal communications, interview not warranted
by personal relations, furnishing or inspiring newspaper comments or procuring his photograph
to be published in connection with cases in which he has been engaged or concerned. His sign-
board or name-plate should be of a reasonable size. The sign-board or name-plate or stationery
should not indicate that he is or has been President or Members of a Bar Council or of any
Association or that he has been associated with any person or organization or with any particular
cause or matter or that he specializes in any particular type of work or that he has been a Judge or
an Advocate-General. 37. An Advocate shall not permit his professional services or his name to
be used in aid of or to make possible, the unauthorized practice of law by any lay agency, 38. An
Advocate shall not accept a fee less than the fee taxable under the rules when the client is able to
pay the same. 39. An Advocate shall not enter appearance in any case in which there is already a
vakalat or memo of appearance filed by an Advocate engaged for a party except with his
consent, in case such consent is not produced he shall apply to the Court stating reasons why the
said consent could not be produced and he shall appear only after obtaining the permission of the
Court. Section IVA 40. Every advocate borne on the Rolls of a State Bar Council shall pay to the
State Bar Council a sum of Rs. 30 every third year, commencing 1st April, 1980, either at one
time or in three equated instalments. 41. The aforesaid sum collected by the State Bar Council
shall be credited to a separate fund to be known as „Advocates Welfare Fund‟. 42. All sums so
collected by the State Bar Council in accordance with Rule 40 shall be remitted to the Bar
Council of India forthwith, which shall be credited by the Bar Council of India to a separate fund
to be known as „Advocates Welfare Fund.‟ 43. Every advocate borne on the rolls of a State Bar
Council shall deliver on or before 1st April every year, commencing from 1st April 1980 a
declaration in the form prescribed. 44. Every Advocate borne on the Rolls of a State Bar Council

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shall entrol himself as member of a Bar Association within the territory over which the said Bar
Council exercises, jurisdiction. Every declaration under Rule 43 above, shall be accompanied by
a certificate of the Secretary of that Bar Association, certifying that he is a member and that he
has paid all the dues of the Bar Association. 45. The name of every Advocate, who fails to pay
the aforesaid sums within the prescribed time set out in Rule 40 or fails to file the declaration
under Rule 43 or makes any false statement in the declaration under Rule 43 shall be removed
from the Rolls of the State Bar Council. 46. Before the name of any Advocate is removed from
the Rolls under Rule 45 the Secretary of the State Bar Council shall serve on the Advocate
concerned a notice to show cause against the removal of his name and the cause shown, if any,
shall be dealt with by the Chairman of the State Bar Council forthwith who, in his discretion,
shall pass such orders as he thinks fit. Section V—Duty in Imparting Training 47. It is improper
for an Advocate to demand or accept fees or any premium for any person as a consideration for
imparing in law under the rules prescribed by the Bar Council to enable such person to qualify
for enrolment under the Advocates Act, 1961. Section VI—Duty to Render Legal Aid 48. Every
Advocate shall in the practice of the profession of law bear in mind that any one genuinely in
need of a lawyer is entitled to legal assistance even though he cannot pay for it fully or
adequately and that within the limits of an Advocate‟s economic condition, free legal assistance
to the indigent and oppressed is one of the highest obligations an Advocate owes to society.
Section VII—Restrictions on Other Employments 49. An Advocate shall not personally engage
in any business but he may be a sleeping partner in a firm doing business provided that, in the
opinion of the Bar Council the nature of the business is not inconsistent with the dignity of the
profession. 50. An Advocate may be a Director or Chairman of the Board of Directors of a
company with or without any ordinary sitting, fee provided none of his duties are of an executive
character. An Advocate shall not be a Managing Director or a Secretary of any company. 51. An
Advocate shall not be full-time salaried employee of any person, government, firm, corporation
or concern, so long as he continues to practise and shall, on taking up any such employment,
intimate the fact to the Bar Council and shall thereupon cease to practise as an advocate so long
as he continues in such employment. Nothing in this rule shall apply to Law Officer of the
Central Government or the Government of a State or of any Public Corporation or body
constituted by statute who is entitled to be enrolled under the rules of the Bar Council made
under Section 28(2)(d) read with Section 24(1)(c) of the Advocates Act, 1961 despite his being a
full-time salaried employee. 52. An Advocate who has inherited, or succeeded by survivorship,
to a family business may continue it, but may not personally participate in the management
thereof. He may continue to hold a share with others in any business which has descended to him
by survivorship or inheritance or by will, provided he does not personally participate in the
management thereof. 53. An Advocate may review Parliamentary Bills for a remuneration, edit
legal text books at a salary, do „press-vetting‟ for newspapers, coach pupils for legal
examinations, set and examine question papers; and subject to the rules against advertising and
full-time employment, engage in broadcasting, journalism, lecturing and teaching subjects both
legal and non-legal. 54. Nothing in these rules shall prevent an Advocate from accepting, after
obtaining the consent of the Bar Council part-time employment provided that in the opinion of
the Bar Council the nature of the employment does not conflict with his professional work and is
not inconsistent with the dignity of the profession. These rules shall be subject to such directives
if any as may be issued by the Bar Council of India from time to time. CONDITIONS FOR
RIGHT TO PRACTICE 1. Every Advocate shall be under an obligation to see that his name
appears on the roll of the State Council within whose jurisdiction he ordinarily practices. 2. An

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Advocate shall not enter into a partnership or any other arrangement for sharing remuneration
with any person or legal Practitioner who is not an Advocate. 3. Every Advocate shall keep
informed the Bar Council on the roll of which his name stands, of every change of his address. 4.
The Council or a State Council can call upon an Advocate to furnish the name of the State
Council on the roll of which his name is entered, and call for other particulars. 5. (I) Any
Advocate who voluntarily suspends practice for any reason whatsoever shall intimate such
suspension to the State Council on the roll of which his name is entered. (2) A similar intimation
shall be given by every Advocate on resumption of practice. 6. (1) An Advocate whose name has
been removed by order of the Supreme Court or a High Court or the Bar Council as the case may
be, shall not be entitled to practise the profession of law either before the Courts and authorities
mentioned under Section 30 of the Advocates Act, 1961 or in chambers, or otherwise. (2) An
Advocate who is under suspension, shall be under same disability during the period of such
suspension as an advocate whose name has been removed from the roll. 7. A person, who has
held judicial/quasi judicial office in any part of the Union Territory of Delhi at any time within
two years immediately preceding his retirement or otherwise ceasing to be in service, shall not
practise for a period of two years from the date of his retirement or ceasing to be in service as the
case may be in the territory of Delhi. Provided that nothing in this Rule shall prevent any such
person from practising in any Court of Superior jurisdiction to the one in which he held the
office. Explanation—A Court of Sessions, a District Court or the City Civil Court shall be a
Court of Superior jurisdiction in relation to a Magistrate‟s Court or Small Causes Court, even
though no appeal may lie from the latter to the former. 8. No Advocate shall be entitled to
practise if in the opinion of the Bar Council he is suffering from such contagious disease as
makes his practice of law a hazard to the health of others. This qualification shall last for such
period as the Bar Council directs from to time.

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