Saturday, January 5, 2019

Responsibilities Of Advocate Towards His Profession



         In law, advocate a person who is professionally qualified to plead the cause of another in a court of law.

Advocate needs to maintain rules on professional standards outlined (mentioned) in Chapter II, Part VI of the rules of Bar Council of India. These rules have been placed under Section 49 (1) (c) of the Advocate Act, 1961.

RULES ON AN ADVOCATE DUTY TOWARDS THE COURT


  • Work in dignified ways
  • Respect the Court
  • Denying the Opposition to work illegally
  • Not Communicate in private
  • Refusal to represent customers who insist on unfair means
  • Appear in the appropriate dress code
  • Do not wear bands or gowns in public places
  • Not to represent the establishments of which they are members
  • Refusing to come in front of relations
  • Not appear in cases of Pecuniary interest
  • Not stand as surety for customer(client) 

RULES ON AN ADVOCATE’S DUTY TOWARDS THE CLIENT


  • A advocate is bound to accept any brief in the courts or  tribunals or in any other authority or before which he proposes to practice.
  • Not withdraw from service 
  • Complete and clear disclosure towards client 
  • Not appear in those cases where he himself is one Witness
  • Do not disclose communication between client and yourself
  • An advocate should not take action on the instructions of another person other than the authorized agent of his client or client.
  • No fee based on the success of the cases
  • Not  receive interest of actionable claims 
  • No bid or purchase of property arising out of legal proceedings
  • Keep maintain proper accounts 
  • No advocate will lend money to his client for any action or legal action, in which he is engaged by such a client. 
  • Do not appear to the opposite parties

REMEDY FOR BREACH OF RULES- (THE ADVOCATES ACT, 1961)

DISCIPLINARY COMMITTEE OF STATE BAR COUNCIL

SECTION 35: PUNISHMENT FOR MISCONDUCT. (THE ADVOCATES ACT, 1961)

            
(1) Disciplinary committee will take action on receipt of a complaint or otherwise a State Bar Council has reason to believe that any advocate its roll has been guilty of professional or other misconduct.

(2) The Disciplinary Committee of the State Council will fix a date for hearing of the matter and after this, the concerned Advocate General and State Advocate General will be given notice.

(3) The disciplinary committee of a State Bar Council can, after giving the advocate concerned  and advocate general an opportunity to hear, order any of the following, such as:-

  • Dismissing the complaint or, where the action was initiated on the instance of the State Bar council, give instructions that the proceedings should be filed;
  • Reprimand the advocate;
  • Suspend the advocate from practice for such period unless it can be deemed appropriate;
  • Remove the name of advocate from the state roll of advocates.

(4) Where an advocate is suspended from practice under clause (c) of sub-section (3), he will be deprived of practicing before any court or any officer or person in India during the period of suspension.

(5) Where any notice under sub-section (2) is issued to the Advocate General, Advocate-General may be present before the disciplinary committee of State Bar Council or through an advocate appearing on his behalf









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