Legal Ethics and Court Craft (LLB 501)

Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
SEMESTER: BALLB/BBALLB 9TH
NAME OF THE SUBJECT: LEGAL ETHICS AND COURT CRAFTS
UNIT-I
TOPIC: DELHI HIGH COURT RULES
FACULTY NAME: MR. VIVEK TRIPATHI
(Assistant Professor)

Delhi High Courts Rules
• Advocates and their Course of Conduct
• Role and Power of Single Judge
• Civil and Criminal Jurisdiction of the Court

Delhi High Court Rules, 1967
• In exercise of powers conferred by Sections 122 and 129 of the Code of Civil
Procedure, 1908 and Section 7 of the Delhi High Court Act, 1966 (Act 26 of 1966)
and all other powers enabling it, the Delhi High Court hereby makes the following
Rules, after previous publication with respect to practice and procedure for the
exercise of its ordinary original civil jurisdiction.

• Volume I Chapter 1 : Practice in the Trial of Civil Suits
• Volume I Chapter 2 : Jurisdiction
• Volume I Chapter 3 : Valuation of Suits
• Volume I Chapter 4 : Arbitration
• Volume I Chapter 5 : Witnesses-Civil Courts
• Volume I Chapter 6 : Suits by or Against Persons in Military Service

• Volume I Chapter 7 : Suits by Aliens and by or Against Rulers, Ambassadors,
Envoys, etc.
• Volume I Chapter 8 : Suits by or Against the Government and Public Officers in
Their Official Capacity
• Volume I Chapter 9 : Utilisation of the Services of the Special Kanungo or Patwari
Muharrir
• Volume I Chapter 10 : Commissions and Letters of Request

UNIT-I
TOPIC: SUPREME COURT RULES 1966

Supreme Court Rules 1966 and Delhi High Court Rules
1967
• Advocates and their Course of Conduct
• Role of Single Judge and Registrar of the Supreme Court
• Types of Petition Entertained by the Supreme Court, Writ petition, Election
Petition

Supreme Court Rules 1966
• In exercise of the powers conferred by Article 145 of the Constitution, and all other
powers enabling it in this behalf, the Supreme Court hereby makes, with the
approval of the President, the following rules, namely:
• PART I GENERAL ORDER I INTERPRETATION, ETC. 1.
• (1) These rules may be cited as the Supreme Court Rules, 1966.

• (2) They shall come into force on such date as the Chief Justice of India may, by
notification in the Official Gazette, appoint and different dates may be appointed
for different provisions of these rules: Provided that proceedings pending in the
Supreme Court or any High Court in relation to appeals by virtue of certificates
granted under Article 132(1), Article 133(1) or Article 135 of the Constitution shall
unless otherwise ordered by this Court, be governed by the rules in force

• Prior to the appointed date, and all steps therein shall continue to be taken in
accordance with the said rules.
• 2. (1) In these rules, unless the context otherwise requires –
• 2 [(a) ‘advocate’ means a person whose name is entered on the roll of advocates
prepared and maintained by a State Bar Council under the Advocates Act, 1961 (25
of 1961);]

• (b) ‘advocate on record’ means an advocate who is entitled under these rules to act
as well as to plead for a party in the Court;
• (c) ‘appointed day’ means the date on which these rules shall come into force;
• (d) ‘Chief Justice’ means the Chief Justice of India, and includes a Judge appointed
under article 126 of the Constitution to perform the duties of the Chief Justice;

• (e) ‘Code’ means the Code of Civil Procedure, 1908 (5 of 1908);
• (f) ‘Constitution’ means the Constitution of India;
• (g) ‘Court’ and ‘this Court’ means the Supreme Court of India;
• h) ‘Court appealed from’ includes a Tribunal or any other judicial body from which
an appeal is preferred to the Court;

• (i) ‘High Court’ means-
• (i) as respects anything done before the commencement of the Constitution, a High
Court within the meaning of section 219 of the Government of India Act, 1935; and
• (ii) as respects anything done or to be done after the commencement of the
Constitution, a High Court established by or recognized under the Constitution;

• (j) ‘Judge’ means a Judge of the Court;
• (k) ‘judgment’ includes decree, order, sentence or determination of any Court,
Tribunal, Judge or Judicial Officer;
• (l) ‘prescribed’ means prescribed by or under these rules;

• (m) ‘Record’ in Part II of these rules means the aggregate of papers relating to an
appeal (including the pleadings, proceedings, evidence and judgments) proper to be
laid before the Court at the hearing of the appeal;
• (n) ‘Registrar’and ‘Registry’mean respectively the Registrar and Registry of the
Court;

• (o) ‘Respondent’ includes an intervener;
• (p) ‘The rules’ and ‘rules of Court’ means these rules and include the forms
appended to these rules;
• (q) ‘Senior advocate’ means any advocate so designated under subsection (2) of
section 16 of the Advocates Act, 1961 (25 of 1961), and all such advocates whose
names were borne on the roll of the senior advocates of the Court immediately
before the commencement of Chapter III of the Advocates Act, 1961;

• (r) ‘Taxing Officer’ means the Officer of the Court whose duty is to tax costs of
proceedings in the Court.

TOPIC: Limitation Act, 1963

ACQUISITION OF OWNERSHIP BY POSSESSION
• Sec 25: Acquisition of easement by prescription: (1) Where the access and use of
light or air to and for any building have been peaceably enjoyed therewith as an
easement, and as of right, without interruption, and for twenty years, and where any
way or watercourse or the use of any water or any other easement (whether
affirmative or negative) has been peaceably and openly enjoyed by any person
claiming title thereto as an easement and as of right without interruption and for
twenty years, the right to such access and use of light or air, way, watercourse, use
of water, or other easement shall be absolute and indefeasible.

• (2) Each of the said periods of twenty years shall be taken to be a period ending
within two years next before the institution of the suit wherein the claim to which
such period relates is contested.
• (3) Where the property over which a right is claimed under sub-section (1) belongs
to the government that sub-section shall be read as if for the words "twenty years"
the words "thirty years" were substituted.

• Explanation : Nothing is an interruption with the meaning of this section, unless
where there is an actual discontinuance of the possession or enjoyment by reason of
an obstruction by the act of some person other than the claimant, and unless such
obstruction submitted to or acquiesced in for one year after the claimant has notice
thereof and of the person making or authorizing the same to be made.

Extinguishment of right to property
• 27. Extinguishment of right to property: At the determination of the period hereby
limited to any person for instituting a suit for possession of any property, his right
to such property shall be extinguished.

Saving
• Sec 29:
• 1) Nothing in this Act shall affect section 25 of the Indian Contract Act, 1872 (9 of
1872).
• (2) Where any special or local law prescribes for any suit, appeal or application a
period of limitation different from the period prescribed by the Schedule, the
provisions of s. 3 shall apply as if such periods were the periods prescribed by the
Schedule and for the purpose of determining any period of limitation prescribed for
any suit, appeal or application by any special or local law, the provisions contained
in sections 4 to 24 (inclusive) shall apply only in so far as, and to the extent to
which, they are not expressly excluded by such special or local law.

Saving
• (3) Save as otherwise provided in any law for the time being in force with respect
to marriage and divorce, nothing in this Act shall apply to any suit or other
proceeding under any such law.
• (4) Sections 25 and 26 and the definition of "easement" in section 2 shall not apply
to cases arising in the territories to which the Indian Easements Act, 1882 (5 of
1882), may for the time being extend.

Condonation of delay
• Section 5: Any appeal or any application, other than an application under any of the
provisions of Order XXI of the Code of Civil Procedure, 1908, may be, admitted
after the prescribed period, if the appellant or the applicant satisfies the court that he
had sufficient cause for not preferring the appeal or making the application within
such period. Explanation: The fact that the appellant or the applicant was misled by
any order, practice or judgment of the High Court in ascertaining or computing the
prescribed period may be sufficient cause within the meaning of this section.

Legal Disability
• (1) Where a person entitled to institute a suit or make an application for the
execution of a decree, is at the time from which the prescribed period is to be
reckoned, a minor or insane, or an idiot, he may institute the suit or make the
application within the same period after the disability has ceased, as would
otherwise have been allowed from the time specified therefore in the third column
of the Schedule.

Legal Disability
• (2) Where such person is, at the time from which the prescribed period is to be
reckoned, affected by two such disabilities, or where, before his disability has
ceased, he is affected by another disability, he may institute the suit or make the
application within the same period after both disabilities have ceased, as would
otherwise have been allowed from the times so specified.

Legal Disability
• (3) Where the disability continues up to the death of that person, his legal
representative may institute the suit or make the application within the same period
after the death, as would otherwise have been allowed from the time so specified

Legal Disability
• (4) Where the legal representative referred to in sub-section (3) is, at the date of the
death of the person whom he represents, affected by any such disability, the rules
contained in sub-sections (1) and (2) shall apply.

Legal Disability
• (5) Where a person under disability dies after the disability ceases but within the
period allowed to him under this section, his legal representative may institute the
suit or make the application within the same period after the death, as would
otherwise have been available to that person had he not died.
• Explanation: For the purposes of this section 'minor' includes a child in the womb.

Disability of one of several persons
Sec 7: Where one of several persons jointly entitled to institute a suit or make an
application for the execution of a decree is under any such disability, and a
discharge can be given without the concurrence of such person, time will run
against them all; but, where no such discharge can be given, time will not run as
against any of them until one of them becomes capable of giving such discharge
without the concurrence of the others or until the disability has ceased.

Disability of one of several persons
Explanation I : This section applies to a discharge from every kind of liability,
including a liability in respect of any immovable property.
Explanation II: For the purposes of this section, the manager of a Hindu undivided
family governed by the Mitakshara law shall be deemed to be capable of giving a
discharge without the concurrence of the other members of the family only if he is
in management of the joint family property

Special exceptions
Sec 8. Special exceptions Nothing in section 6 or in section 7 applies to suits to
enforce rights of pre-emption, or shall be deemed to extend, for more than three
years from the cessation of the disability or the death of the person affected thereby,
the period of limitation for any suit or application.

Continuous running of time
Sec 9. Continuous running of time Where once time has begun to run, no
subsequent disability or inability to institute a suit or make an application stops it:
PROVIDED that where letters of administration to the estate of creditor have been
granted to his debtor, the running of the period of limitation for a suit to recover the
debt shall be suspended while the administration continues.

Short title, extent and commencement
(1) This Act may be called the Limitation Act, 1963.
(2) It extends to the whole of India except the State of Jammu and Kashmir.
(3) It shall come into force on such date as the Central Government may, by
notification in the Official Gazette, appoint.

Definitions
In this Act, unless the context otherwise requires,
(a) “Applicant" includes-
(i) a petitioner;
(ii) any person from or through whom an applicant derives his right to apply;
(iii) any person whose estate is represented by the applicant as executor,
administrator or other representative;
• “Application" includes a petition;
• “Bill of exchange" includes a hundi and a cheque;

Definitions
(d) “Bond" includes any instrument whereby a person obliges himself to pay money to
another, on condition that the obligation shall be void if a specified act is
performed, or is not performed, as the case may be;
(e) “Defendant" includes-
(i) any person from or through whom a defendant derives his liability to be sued;
(ii) any person whose estate is represented by the defendant as executor, administrator
or other representative;

Definitions
• f) “Easement" includes a right not arising from contract, by which one person is
entitled to remove and appropriate for his own profit any part of the soil belonging
to another or anything growing in, or attached to, or subsisting upon, the land of
another;
• (g) “Foreign country" means any country other than India;
• (h) “Good faith"-nothing shall be deemed to be done in good faith which is not
done with due care and attention;

Definitions
• (i) “Plaintiff" includes-
• (i) any person from or through whom a plaintiff derives his right to sue;
• (ii) any person whose estate is represented by the plaintiff as executor, administrator
or other representative;
• (j) “Period of limitation" means the period of limitation prescribed for any suit,
appeal or application by the Schedule, and "prescribed period" means the period of
limitation computed in accordance with the provisions of this Act;

Definitions
• (k) “Promissory note" means any instrument whereby the maker engages absolutely
to pay a specified sum of money to another at a time therein limited, or on demand,
or at sight;
• (l) “Suit" does not include an appeal or an application;
• (m) “Tort" means a civil wrong which is not exclusively the breach of a contract or
the breach of a trust;

Definitions
• (n) “Trustee" does not include a benamidar, a mortgagee remaining in possession
after the mortgage has been satisfied or a person in wrongful possession without
title.

TOPIC: Exclusion of Time

Exclusion of time of proceeding bona fide in court without
jurisdiction
• Section 14: In computing the period of limitation for any suit the time during which
the plaintiff has been prosecuting with due diligence another civil proceeding,
whether in a court of first instance or of appeal or revision, against the defendant
shall be excluded, where the proceeding relates to the same matter in issue and is
prosecuted in good faith in a court which, from defect of jurisdiction or other cause
of a like nature, is unable to entertain it.

jurisdiction
In computing the period of limitation for any application, the time during which the
applicant has been prosecuting with due diligence another civil proceeding, whether
in a court of first instance or of appeal or revision, against the same party for the
same relief shall be excluded, where such proceeding is prosecuted in good faith in
a court which, from defect of jurisdiction or other cause of a like nature, is unable
to entertain it.

jurisdiction
• Notwithstanding anything contained in rule 2 of Order XXIII of the Code of Civil
Procedure, 1908 (5 of 1908), the provisions of sub-section (1) shall apply in relation
to a fresh suit instituted on permission granted by the court under rule 1 of that
Order, where such permission is granted on the ground that the first suit must fail
by reason of a defect in the jurisdiction of the court or other cause of a like nature.

jurisdiction
• Explanation: For the purposes of this section-
• (a) in excluding the time during which a former civil proceeding was pending, the
day on which that proceeding was instituted and the day on which it ended shall
both be counted;
• (b) a plaintiff or an applicant resisting an appeal shall be deemed to be prosecuting
a proceeding;
• (c) mis-joinder of parties or of causes of action shall be deemed to be a cause of a
like nature with defect of jurisdiction.

Exclusion of time in certain other cases
• In computing the period of limitation of any suit or application for the execution of
a decree, the institution or execution of which has been stayed by injunction or
order, the time of the continuance of the injunction or order, the day on which it
was issued or made, and the day on which it was withdrawn, shall be excluded.

• In computing the period of limitation for any suit of which notice has been given, or
for which the previous consent or sanction of the government or any other authority
is required, in accordance with the requirements of any law for the time being in
force, the period of such notice or, as the case may be, the time required for
obtaining such consent or sanction shall be excluded

• Explanation: In excluding the time required for obtaining the consent or sanction of
the government or any other authority, the date on which the application was made
for obtaining the consent or sanction and the date of receipt of the order of the
government or other authority shall both be counted.

• In computing the period of limitation for any suit or application for execution of a
decree by any receiver or interim receiver appointed in proceedings for the
adjudication of a person as an insolvent or by any liquidator or provisional
liquidator appointed in proceedings for the winding up of a company, the period
beginning with the date of institution of such proceeding and ending with the expiry
of three months from the date of appointment of such receiver or liquidator, as the
case may be, shall be excluded.

• In computing the period of limitation for a suit for possession by a purchaser at a
sale in execution of a decree, the time during which a proceeding to set aside the
sale has been prosecuted shall be excluded.
• In computing the period of limitation for any suit the time during which the
defendant has been absent from India and from the territories outside India under
the administration of the Central Government, shall be excluded.

Acknowledgment
• Sec 18 Effect of acknowledgement in writing:
• Where, before the expiration of the prescribed period for a suit or application in
respect of any property or right, an acknowledgement of liability in respect of such
property or right has been made in writing signed by the party against whom such
property or right is claimed, or by any person through whom he derives his title or
liability, a fresh period of limitation shall be computed from the time when the
acknowledgement was so signed.

Acknowledgment
• Where the writing containing the acknowledgement is undated, oral evidence may
be given of the time when it was signed; but subject to the provisions of the Indian
Evidence Act, 1872 (1 of 1872), oral evidence of its contents shall not be received,.

Acknowledgment
• Explanation : For the purposes of this section-
• (a) an acknowledgement may be sufficient though it omits to specify the exact
nature of the property or right, or avers that the time for payment, delivery,
performance or enjoyment has not yet come or is accompanied by a refusal to pay,
deliver, perform or permit to enjoy, or is coupled with a claim to set-off, or is
addressed to a person other than a person entitled to the property or right;

Acknowledgment
• (b) The word "signed" means signed either personally or by an agent duly
authorized in this behalf; and
• (c) An application for the execution of a decree or order shall not be deemed to be
an application in respect of any property or right.

Effect of payment on account of debt or of interest on legacy
• Sec 19: Where payment on account of a debt or of interest on a legacy is made
before the expiration of the prescribed period by the person liable to pay the debt or
legacy or by his agent duly authorized in this behalf, a fresh period of limitation
shall be computed from the time when the payment was made:

• PROVIDED that, save in the case of payment of interest made before the 1st day of
January, 1928, an acknowledgement of the payment appears in the handwriting of,
or in a writing signed by, the person making the payment.
• Explanation: For the purposes of this section –
• (a) where mortgaged land is in the possession of the mortgagee, the receipt of the
rent or produce of such land shall be deemed to be a payment;

• (b) “Debt" does not include money payable under a decree or order of a court.
• Sec 20: Effect of acknowledgement or payment by another person:
• (1) The expression "agent duly authorized in this behalf" in sections 18 and 19
shall, in the case of a person under disability, include his lawful guardian,
committee or manager or an agent duly authorized by such guardian, committee or
manager to sign the acknowledgement or make the payment.

• (2) Nothing in the said sections renders one of several joint contractors, partners,
executors or mortgagees chargeable by reason only of a written acknowledgement
signed by, or of a payment made by, or by the agent of, any other or others of them.

• (3) For the purposes of the said sections,-
• (a) an acknowledgement signed or a payment made in respect of any liability by or
by the duly authorized agent of, any limited owner of property who is governed by
Hindu law, shall be a valid acknowledgement or payment, as the case may be,
against a reversioner succeeding to such liability; and
• (b) where a liability has been incurred by or on behalf of a Hindu undivided family
as such, an acknowledgement or payment made by, or by the duly authorized
agent of, the manager of the family for the time being shall be deemed to have
been made on behalf of the whole family.

TOPIC: The Advocates Act,1961

THE ADVOCATES ACT, 1961
This act furnished fully what the advocates, vakils enrolled in the bar should do and
should not do. The Bar council of India, was created by the parliament under this
act. It is to regulate and represent the Indian bar. The lawyers are those who assist
the courts to give a correct & judgment. Since people seek for the lawyers thinking
that they might get & Justice through their advocacy skill. Hence there is a
chance for the lawyers to do some wrong or to conclude the & judgment in &
justice manner by their advocacy skill for the want of their name fame, money and
the like. To avoid such things and to regulate them an a right manner and also
to have & just and fair law, this act was introduced. It entirely covers about the bar
council of both the state and the centre , its functions , constitution and also about
the powers.

Bar Council of India - Functions
Bar council of India performs following functions under section7 (1) of the
Advocates Act 1961:
• Lays down standards of professional conduct and etiquette for advocates
• Lays down the procedure to be followed by its disciplinary committee and the
disciplinary committee of each State Bar Council
• Safeguards the rights, privileges and interest of advocates
• Promotes and support law reform
• Deals and disposes any matter arising under Act, which may be referred to it by a
State Bar Council
• Exercises general supervision and control over State Bar Councils
• Promotes legal education and to lay down standards of such education in
consultation with the Universities in India imparting such education and the State
Bar Councils.

Functions of State Bar Council
Section 6(1) of the Advocate Act 1961 makes provisions in respect of the
functions of the State Bar Council.
(1) To admit persons as advocates on its roll;
(2) To prepare and maintain such roll;
(3) To entertain and determine cases of misconduct against advocates on its roll;
(4) To safeguard the rights, privileges and interests of advocates on its roll; (5) to
promote the growth of Bar Associations for the purposes of effective
implementation of the welfare schemes referred to in clause (a) of sub-section (2)
of this section clause (a) of sub-section (2) of section 7;
(6) To promote and support law reform;
(7) To conduct seminars and organise talks on legal topics by eminent jurists and
publish journals and paper of legal interest.

PROFESSIONAL MISCONDUCT
• The term ‘Professional Misconduct’ in the simple sense means improper conduct.
In legal sense it means an act done willfully with a wrong intention by the people
engaged in the profession. It means any activity or behavior of an advocate in
violation of professional ethics for his selfish ends. If an act results in dispute to his
profession and make him unfit of being in the profession, it amounts to
‘Professional Misconduct’. In other words, an act which disqualifies an advocate to
continue in legal profession.
Professional misconduct may consist –
• in betraying the confidence of a client
• in attempting by means to practice fraud
• to deceive the Court or adverse party or his Counsel

CASE LAW
• In State of Punjab v. Ram Singh, The Supreme Court held that the term
‘misconduct’ may involve –
• Moral turpitude
• Improper or wrongful behavior
• Unlawful behavior
• Willful in character
• A forbidden act
• Transgression
• Carelessness or negligence in performance of duty
• The act complained of bears forbidden quality or character.

Powers of disciplinary committee
(1) Where on receipt of a complaint or otherwise the Bar Council of India has reason to
believe that any advocate whose name is not entered on any State roll has been
guilty of professional or other misconduct, it shall be refer the case for disposal to
its disciplinary committee.
(2) Notwithstanding anything contained in this Chapter, the disciplinary committee of
the Bar Council of India may, either of its own motion or on a report by any State
Bar Council or an application made to it by any person interested withdraw for
inquiry before itself any proceedings for disciplinary action against any advocate
pending before the disciplinary committee of any State Bar Council and dispose of
the same.

Powers of disciplinary committee
(3) The disciplinary committee of the Bar Council of India disposing of any case under
this section, shall observe, so far as may be, the procedure laid down in Section 35,
the references to the Advocate-General in that section being construed as references
to the Attorney-General of India.
(4) In disposing of any proceedings under this section the disciplinary committee of the
Bar Council of India may make any order which the disciplinary committee of a
State Bar Council can make under sub-section (3) of section, 35 and where any
proceedings have been withdrawn for inquiry before the disciplinary committee of
the Bar Council of India the State Bar Council concerned shall give effect to any
such order

TOPIC: Legal Ethics

Duties Of An Advocate Towards His Client
• It is seen that the relationship between a lawyer and a client is highly fiduciary and
it is the duty of an advocate fearlessly to uphold the interests of the client by fair
and honorable mainly means without regard to any unpleasant consequences to
himself or any other person.
• Duty to charge reasonable fees A civil advocate in Indore must charge a fee
consistent with his standing at the bar and the nature of the case. The Constitution
of India makes provision for the high courts to settle the table of fees payable to
advocates practicing before them. An advocate must not stipulate a fee contingent
on the results of litigation or agree to share the proceeds of litigation. This is
because giving the lawyer an interest in the subject matter of the suit is against
professional ethics and violative of public policy.

• Duty to make full and frank disclosure: A lawyer mainly ensures, at the current
commencement of his engagement and during its continuation, always make all full
and frank disclosures to his client relating to his connection with the parties, and of
any interest he may have in and, or about the controversy, as is likely to affect his
client's judgment in engaging him on continuing the engagement.
• Duty to ensure no conflict of interest An advocate must always make a duty not to
accept any engagement in a trial in which he may have to give testimony, although
there is no rule of evidence disqualifying counsel from mainly giving evidence in a
suit in which he is engaged. The top civil advocate in Indore is not entitled to act in
a professional capacity as well as a constituted attorney of a party in the same
matter or cause.

• Duty of care to a client An advocate should always ensure that the interests of the
client are not in any manner hurt by his acts or omissions. He must always defend a
person accused of a crime, regardless of his personal opinion as to the guilt of the
accused and must not abuse or take advantage of the confidence reposed in him by
the client.
• Duty to maintain confidentiality The relation between a lawyer and a client
involves the highest degree of personal trust and confidence. The Indian Evidence
Act specifically provides that no lawyer is any time permitted, to disclose any
communication made between his client and himself during the course of the
engagement unless it is with his client's express permission.

• Duty to act only on clients instructions Mainly :the engagement of a lawyer comes
to an end when the client becomes unable to give instructions because of his mental
illness or other reasons. The best civil advocates in Indore acting on the instructions
of an agent and not the instructions of the client commits professional misconduct.
• Duty to the law Though a top lawyer in Indore has the duty to represent his client to
the best of his ability, he should not neglect the fact that his loyalty is to the law. So,
an advocate must also not be a party to fomenting of litigation.

Duty Of An Advocate Towards Court
• Introduction - An advocate Shall all times, comport himself in a manner benefiting
his status as an officer of the court. An advocate is a privileged member of the
community and a gentlemen besides being a citizen. He has great responsibility to
protect the country and lead the community.
• Duties of an advocate towards the court are as follows –
• 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 court 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 communication with a 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 advocates 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
scurrilous attack 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
the court, tribunal or authority mention in Section 30 of the Act, if the sole or any
member thereof is related to the Advocate as father, mother, grandfather, son,
grandson, daughter, sister , father in law, mother in law , son in law, brother in law ,
daughter in law or sister in law.
• 7) An advocate shall not band or gown in public places other than in courts except
on such ceremonial occasions and as such places as the bar council of India 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 organization or an Institution, society or Corporation, if
he is a member of the executive committee of such organization 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 organization or institution, society
or Corporation : provided that this rule shall not apply to such a member appearing
as amicus Curie or without a free on behalf of 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
pecuniary interested.
• 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.

Legal Ethics and Court Craft (LLB 501)

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