Advocates duty towards Court

 


Advocates duty towards Court


Advocates play a crucial role in the administration of justice, and their duties towards the court are essential to maintaining the dignity and integrity of the judicial system. These duties are designed to ensure that advocates assist the court in upholding justice while maintaining ethical standards. The Bar Council of India Rules under the Advocates Act, 1961 prescribe the following duties of advocates towards the court:

1. Duty to Maintain Respect for the Court

Advocates must show respect and courtesy to the court. This duty is essential to uphold the dignity of the judiciary and to maintain public confidence in the legal system.

  • Explanation: Advocates must refrain from using disrespectful language or behavior that undermines the authority of the court.

  • Example: Addressing the court with proper decorum, such as using phrases like "Your Lordship" or "Your Honour."

2. Duty to Act as Officers of the Court

Advocates are not just representatives of their clients; they are also officers of the court. This dual role requires them to assist the court in arriving at just and fair decisions.

  • Explanation: Advocates must ensure that their actions do not obstruct or delay the administration of justice.

  • Example: Presenting relevant facts and arguments truthfully, even if they are unfavorable to their client's case.

3. Duty to Avoid Improper Influence

Advocates must not attempt to influence the court by illegal or unethical means. They must rely solely on the strength of their arguments and evidence.

  • Explanation: Advocates must avoid bribing, threatening, or using personal relationships to influence judges or court officials.

  • Example: Advocates should never approach a judge outside the courtroom to discuss a pending case.

4. Duty to Avoid Misleading the Court

Advocates must not mislead the court by making false statements or suppressing material facts. Their duty is to present the truth and assist the court in making informed decisions.

  • Explanation: Advocates should ensure that their submissions are accurate and based on valid legal principles.

  • Example: Informing the court about a precedent that may not favor their client, as it is relevant to the case.

5. Duty to Ensure Order in the Courtroom

Advocates must maintain decorum and discipline in the courtroom. They should ensure that their conduct promotes a conducive environment for legal proceedings.

  • Explanation: Advocates must avoid shouting, making unnecessary interruptions, or engaging in confrontations with other advocates or court staff.

  • Example: Seeking the court's permission before making submissions or asking questions.

6. Duty to Refuse to Appear in False or Fraudulent Cases

Advocates must not represent clients in cases that they know to be false or fraudulent. By doing so, they uphold the ethical standards of the profession and contribute to the administration of justice.

  • Explanation: Advocates must not exploit legal procedures to deceive the court or promote injustice.

  • Example: Declining to represent a client who admits to fabricating evidence.

7. Duty to Submit to the Court’s Authority

Advocates must comply with the court's rulings and instructions, even if they disagree with them. Challenges to a court’s decision should be pursued through proper legal channels, such as appeals, rather than through defiance or disrespect.

  • Explanation: Submission to authority ensures that the judicial process is not undermined.

  • Example: Accepting a court’s decision with respect and filing an appeal if necessary, rather than engaging in protests.

8. Duty to Avoid Undue Delays

Advocates must not engage in tactics that intentionally delay proceedings. Such behavior not only hampers the administration of justice but also affects the rights of the opposing party.

  • Explanation: Advocates should avoid unnecessary adjournments or frivolous filings that waste the court's time.

  • Example: Appearing on the scheduled date and being fully prepared to proceed with the case.

9. Duty to Be Honest and Fair

Advocates must uphold honesty and fairness in their conduct towards the court. They must act with integrity and refrain from adopting unfair means to gain an advantage.

  • Explanation: Fair play ensures that the judicial process remains impartial and just.

  • Example: Not concealing evidence that is unfavorable to the client but is relevant to the case.

10. Duty to Assist in the Administration of Justice

Advocates must actively assist the court in achieving justice. They should provide legal interpretations, cite relevant precedents, and help clarify complex issues.

  • Explanation: Advocates are instrumental in helping judges understand the nuances of the law and apply it effectively.

  • Example: Citing judgments or statutes that are pertinent to the case, even if they conflict with the client's interests.

11. Duty Not to Appear in Cases of Personal Interest

Advocates must refrain from appearing before a court in cases where they have a personal interest. This avoids conflicts of interest and ensures impartiality.

  • Explanation: Personal involvement may compromise the advocate’s ability to act independently and fairly.

  • Example: Avoiding representation in a case where the advocate has a financial or familial connection.

Conclusion

The duties of advocates towards the court are foundational to the integrity and efficiency of the judicial system. By adhering to these duties, advocates contribute to the fair administration of justice and uphold the respect and dignity of the judiciary. These duties also serve as a reminder that the legal profession is not merely a means to earn a livelihood but a noble calling aimed at fostering justice and fairness in society. 898

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