An advocate plays a crucial role in the administration of justice. As an officer of the court, an advocate is bound by a code of conduct and ethics. The Bar Council of India (BCI), under Section of the Advocates Act, has framed rules on professional standards, which lay down duties of advocates toward:
- Clients
- Courts
- Other Advocates
These duties are essential to maintain public confidence, uphold the dignity of the legal profession, and ensure justice delivery.
Duties of Advocates Toward Clients
An advocate owes a fiduciary duty to their client. This means the advocate must act in the client’s best interest, with honesty and loyalty.
Duty of Loyalty and Faithfulness
- Maintain confidentiality even after the case ends
- Avoid conflict of interest (e.g., representing opposing parties in the same matter)
Duty to Accept Briefs
- Advocates must not refuse a reasonable brief, provided their schedule permits
- Should not withdraw from a case without sufficient cause or notice
Duty to Inform
- Keep the client informed about the status and progress of the case
- Explain legal procedures and consequences in simple terms
Duty to Charge Fair Fees
- Should not overcharge or exploit clients
- Must issue a receipt for any payment taken
Duty to Maintain Confidentiality
- Must not disclose client’s secrets, strategies, or documents
- Applies even after termination of representation
Duty to Use Lawful Means
- Avoid misleading or forging documents
- Should not resort to illegal or underhanded methods
Duties of Advocates Toward Courts
Advocates are considered officers of the court and play a key role in the administration of justice. Their conduct must reflect respect and integrity.
Duty to Maintain Respect for the Court
- Advocates must behave with dignity, respect, and civility in court
- Should never undermine the authority of judges or judicial officers
Duty to Not Influence the Court Improperly
- Should never communicate directly with a judge privately
- Must not use illegal or unethical methods to win a case
Duty of Candor
- Must not mislead the court by misrepresenting facts or laws
- Should disclose binding precedents, even if against their own case
Duty to Assist in the Administration of Justice
- Advocates must assist the court in reaching a just conclusion
- Avoid frivolous litigation or tactics to delay proceedings
No Private Communication
- Should not engage in ex parte communication with judges
Proper Court Dress Code
- Follow the prescribed dress code to uphold the decorum of the court
Duties of Advocates Toward Other Advocates
An advocate must maintain professional courtesy and dignity in all interactions with fellow advocates.
Duty of Fairness
- Should treat fellow advocates with respect and professionalism
- Must not speak ill or use defamatory language against others
No Undercutting of Fees
- Advocates must not accept cases at a lower fee just to undercut another advocate’s fees
No Direct Communication with Opponent’s Client
- Must not communicate with the opposite party directly, except through their advocate
Collegiality
- Should cooperate with fellow advocates in joint matters
- Avoid frivolous objections or conflicts during court proceedings
Sharing of Credit
- When multiple advocates are involved, credit must be shared for success
- Must not try to take full credit in a collaborative case