DUTIES OF LAWYERS

1. DUTY TO COURT:
 Duty to respect the court: you owe this duty not for the sake of the temporary
incumbent of the judicial office, but for the maintenance of its supreme importance.
 Duty to attend throughout hearing: you cannot leave the court, placing someone else in
charge of the case, unless you take the permission of the court to do so.
 Duty to attend to receive judgement: it is your duty to be present in court to take
judgment when it is being pronounced. If you cannot attend personally, you must at
least arrange someone that you are properly represented at that time.
 No exhibition of familiarity: lawyer should not exhibit in court familiarity with the
Judge. In no event should you try to exploit his friendship or to take undue advantage of
the tribunal
 No arguing privately: do not argue privately regarding the merits of a pending case,
however familiar and friendly the judge is with you.
 Control of temper in court: you should never display temper in court because of an
adverse ruling or decision. The temptation to show your disappointment will be strong,
but remember it is highly unprofessional to yield to it.
 Improper to malign a judge: you should not lend ear to any accusation against the
Judge. Never allow scandal of this sort to be suggested by your client.
 No repetition of arguments: you must not repeat the arguments without limit merely
because the Judge does not agree with you.
 Duty not to mislead: you ought not to mislead the court by citing overruled decisions, or
a statute that has been repealed nor should assert a fact that which has not been proved.
 Never make a judge wait for you: always be in attendance and readiness. You will not
only be failing in your duty to the court if you are absent, but you will also be
endangering the interests of the client.
2. DUTY TO PROFESSION
 The fraternity of the Bar: keep up the best traditions of the bar.
 Spirit of service equality: there is no other profession which binds its members in closer
fraternity that the profession of law. This relation is to be fostered by spirit of service
and equality.
 Each member a trustee for profession as a whole: every member is a trustee for the
honour and prestige of the profession as a whole. It is the duty of each one to carry the
banner aloft and never to lower it.
 Never decry your colleagues: never ever lower the credit of your colleague.
 Behave like a sportsman: a lawyer should always conduct himself like a gentleman. He
should also behave like a sportsman when occasion demands.
 Suggesting junior or senior counsel
 Settlement of joint fee by senior
 Do not object to engagement of other counsel
 No encroachment on others business
 Mutual relation between junior and senior
 Never be a party to the lowering of standards
 Do not pursue your profession in a spirit of competition and rivalry with your
colleagues.
 Do not under bid
 Do not keep out a brother practitioner
 Do not indulge in scandalizing a colleague
 Never refrain from helping your colleagues.

3. DUTY TO OPPONENT:
 Never mislead or overreach: never mislead by concealing or withholding positions and
never attempt to overreach him
 Avoid interruptions: interruptions should be avoided. As you would not like to be
interrupted you should not interrupt your opponent
  Quarrels in court must not affect outside relations: whatever controversies exist in court
between you and your learned friend do not allow them to affect in the slightest manner
your relations outside.
 Do not underrate opponent: do not speak ill to your client of the performance of the
opposing counsel.
 Avoid vexatious opposition: do not raise opposition to everything.
 Do not plan a surprise: it is improper to spring a surprise upon him which you know
can only succeed because it is a surprise.
 Never laugh at opponent’s arguments
 Encourage young men
 Do not snatch victory
 Do not get order behind opponent’s back: you should not attempt to get an order
without consulting your friend.
 Do not discuss case with Judge in absence of opposing counsel
 Do not take advantage of ignorance or folly of opposing counsel: when the mistake is
found out, the Judge will hold you equally responsible for not correcting it.

4. DUTY TO CLIENT:
 Duty of disclosure: should disclose all the circumstance of his relations with the parties
and his interest if any which might influence the client in the selection of counsel.
 Duty not to appear where interest may conflict: counsel should not appear for two
clients whose interests may conflict
 Duty in giving opinions: while giving opinions, the counsel has to act like a judge and to
advise them honestly and to the best of his ability.
 Duty in advising compromise and settling compromise: in case a settlement is possible,
the counsel should advise the client regarding the chances of settlement instead of
compelling to file suit.
 Duty in making admissions: while making admissions in the court, the counsel owes a
duty not to make any admission about any point in the case without the client’s
knowledge or assent.
5. DUTY TO ONESELF:
 Self-respecting independence in the discharge of professional duty
 Addressing judge in ordinary conversation
 Dignified relations with clients
 Fixing appointments with clients: you should not crowd together different clients at the
same time but fix separate appointments for them to meet you.
 Cultivate passion for profession and make your profession a pleasure
 Production of false documents to be prevented
 Confess mistakes or omissions
 Duty in unrepresented cases
 No assertion of personal belief
 Duty not to deal with client represented by counsel
 No distinction between small and large cases
 Avoid controversy about fees with client
 Reject excess briefs.
 Avoid laughing in court
 Cultivate self-reliance
 Cultivate taste for study of literature.

6. DUTY TO THE PUBLIC AND THE STATE:

PRIVILEGES OF LAWYERS:

 Privilege to have audience of the court: can hear any case at any court
 Right to be heard without any hindrance
 Once entered into a case, it is your privilege that another lawyer cannot get into the
case without your consent.
 A lawyer is made eligible for several offices under statutes and under administrative
rules (a pleader who has been such for not less than 5 years can become District Judge;
a pleader of HC for not less than 10 years can become Advocate General of India; if
being a pleader for 15 years he can become the judge of HC etc.)
 It is a privilege to make on occasions; statements form your place in the Bar without an
affidavit.
 ADVOCATES RIGHT OF LIEN FOR FEES: an advocate has a lien, for any unpaid fees, upon
such papers of the client as are in his hands. This lien is possessory. In the absence of an
express agreement, he has no claim or charge upon the fruits of litigation.
(Krishnamacharia v. The Official Assignee of Madras.)
 An advocate has the agent’s lien, under section 217 of the Indian Contract Act in
respect of moneys expended by him for out-fees on behalf of the client and he is
entitled to repay himself out of sums he receives to the credit of his client.
 The most important privilege is that he is a master of his time and movements. He is not
accountable save in respect of discharge of professional duties.