Harsh Jangde Notes

AN Harshvardhan Jangde BA-LLB 2021-26

Development of Legal Profession in India
The legal profession has played a pivotal role in the administration of
justice throughout history. From ancient times to the modern era, the
development of the legal profession has been marked by significant
milestones that have shaped its structure, functions and contributions to
society.

What is the Legal Profession?

The legal profession is one of society’s oldest and most esteemed

professions. Those engaged in the legal profession are commonly known
as advocates or lawyers. As officers of justice and friends of the court,
advocates play a crucial role in the administration of justice. They are
responsible for representing individuals seeking legal assistance and
providing zealous advocacy on their behalf.
The duties of an advocate are multifaceted and encompass various
aspects of legal practice. When representing a client, an advocate must
diligently collect and analyse legal material relevant to the case. This
involves conducting thorough research, studying statutes, precedents and
legal doctrines and examining the facts and evidence related to the
matter. Armed with a comprehensive understanding of the case, the
advocate proceeds to argue and present the client’s position before the
courts, aiding the judges in arriving at just and fair judgments.

Historical Development of Legal Profession in India

Legal Profession in Ancient India

In ancient India, the concept of a specialised legal profession had not yet
taken shape. Instead, justice was dispensed by tribal leaders or kings who
wise courtiers and religious heads advised. These sages, known for their
wisdom, resolved disputes and delivered judgments based on Hindu
religious tenets and customs. There were no lawyers as we understand
them today, but rather respected individuals who acted as mediators and
counsellors.

Legal Profession in Medieval India

The medieval period saw the emergence of the legal profession as parties
in litigation appointed vakils (representatives) to present their cases in
court. However, these vakils functioned more as agents for the parties
rather than lawyers in the modern sense. They were paid a percentage of
the amount in the suit as their fees. The legal profession at this time
lacked organisation and a structured framework.

Legal Profession in British India

During the British colonial period in India, the legal system underwent
several significant developments that laid the groundwork for the
organised legal profession we recognise today. This article explores the
key charters, acts and regulations that shaped the evolution of the legal
profession during British India.

Charter of 1726 and Charter of 1753

The British Crown issued the Charter of 1726, establishing Mayor’s Courts
in the major towns of Bombay, Calcutta and Madras. These courts
functioned as royal courts and followed the English legal procedures for
civil suits. However, no provisions for legal training led to untrained
individuals practising law before these courts.
In 1753, another charter modified the provisions of the Charter of 1726.
Unfortunately, neither charter addressed the need for legal training or
education for legal practitioners, resulting in an unorganised legal
profession.

Charter of 1774 and the Bengal Regulation Act of 1793

1773 the Regulating Act empowered the British Crown to establish a

Supreme Court at Calcutta. Subsequently, the Charter of 1774 established
the Supreme Court of Judicature in Calcutta. This court had the power to
approve and enrol advocates and attorneys-in-law, who were authorised
to appear and act before the court. However, Indian legal practitioners
were not allowed to practice in the Supreme Court at that time.
The Bengal Regulation Act of 1793 allowed qualified Hindu and Muslim
individuals to enrol as leaders in the Sardar Diwani Adalat, the highest
civil court under the British administration. This marked a significant step
toward involving Indian legal professionals in the legal system.

Legal Practitioners Act of 1846 and 1853

The Legal Practitioners Act of 1846 expanded the scope of legal practice
by permitting people of any nationality or religion to act as pleaders. It
also allowed attorneys and barristers enrolled in any of Her Majesty’s
courts in India to plead in the Sardar Adalat. This Act paved the way for
more diverse legal representation in the courts.
The Legal Practitioners Act of 1853 further empowered barristers and
attorneys from the Supreme Court to plead in any of the company’s
subordinate courts, subject to the rules in force in those subordinate
courts.

Indian High Court Act of 1861

The Indian High Court Act of 1861 authorised the government to establish
High Courts in Presidency towns. These High Courts became pivotal
institutions in the Indian legal system, providing a more organised and
structured platform for legal proceedings.

Legal Practitioners Act of 1879

The Legal Practitioners Act of 1879 brought about crucial changes in the
definition and scope of legal practitioners. It included the terms
“Advocate,” “Vakil,” “Attorney,” “Pleader,” “Mukhtar,” and “Revenue
Agent.” Vakils were individuals who held law degrees from Indian
Universities, while pleaders and mukhtars were Indian lawyers. This Act
aimed to regulate the profession and improve the qualifications and
conduct of legal practitioners.
Indian Bar Committee of 1923 and Indian Bar Council Act of
1926

The Indian Bar Committee, chaired by Sir Edward Chaminer in 1923,

explored the organisation of the bar on an All-India basis. However, the
committee did not favour an All India Bar Council, suggesting that
separate bar councils be constituted for each High Court.
As a result, the Indian Bar Council Act of 1926 was enacted, establishing
Bar Councils for each High Court. The distinction between barristers and
advocates was abolished, allowing non-barrister advocates to practice in
High Courts. While the Act was a significant step towards organising the
legal profession, the High Court still retained the power of enrollment of
advocates and had control over the functions of the Bar Council.

Legal Profession in India After Independence

After gaining independence, India embarked on a journey to reform and

modernise various sectors, including the legal profession. The legal
profession in India saw a significant transformation with the enactment of
the Advocates Act of 1961. This landmark legislation aimed to bring about
utility and dignity in the legal profession on an All-India basis. Let’s delve
into the key provisions and impact of the Advocates Act of 1961.

Formation of All India Bar Committee and

Recommendations

In 1951, the All India Bar Committee, under the chairmanship of Justice
S.R. Das, was formed to review the legal profession’s state and propose
reforms. The committee submitted a report recommending the
establishment of All India Bar Councils and State Bar Councils. These
bodies would have the power of enrollment, suspension or removal of
advocates, thus ensuring uniform standards and discipline in the legal
profession.
The committee proposed maintaining a common roll of advocates
authorised to practice in all courts across the country. It also advocated
against further recruitment of non-graduated pleaders or mukhtars,
aiming to elevate the qualifications and professionalism of legal
practitioners.

Enactment of the Advocates Act, 1961

Taking into account the recommendations of the All India Bar Committee,
the central government enacted the Advocates Act in 1961. This
legislation aimed to amend and consolidate laws relating to legal
practitioners, bringing revolutionary changes to the legal profession in
India.

Impact and Amendments

The Advocates Act of 1961 brought about a profound impact on the legal
profession in India. It established a cohesive and organised system of
legal practitioners, emphasising professional ethics and discipline. The Act
provided a platform for advocates to practice in any court across the
country, promoting legal mobility and accessibility to justice.
Since its enactment, the Advocates Act has been amended several times
to address changing times and practical challenges. These amendments
aimed to ensure the Act’s relevance and efficacy in a rapidly evolving
legal landscape.

Conclusion

The development of the legal profession in India has been a journey

marked by significant progress and transformative reforms. The legal
profession in India has evolved over centuries, from ancient times with
wise individuals serving as mediators, to the British colonial period, which
saw the establishment of courts and regulations. After independence, the
Advocates Act of 1961 brought significant reforms, establishing
autonomous bar councils and a common roll of advocates. This Act
revolutionised the profession, emphasising ethical conduct and enabling
advocates to practice across the country, contributing to the effective
administration of justice.justice and society.
Admission and Enrolment of Advocates in
India
The legal profession plays a pivotal role in upholding justice,
defending the rights of individuals and ensuring the proper
functioning of a democratic society. In India, advocates, often
referred to as lawyers or attorneys, are individuals who represent
clients in various legal matters, from civil disputes to criminal cases.
To become an advocate in India, one must undergo a rigorous
process of admission and enrolment, governed by the Advocates
Act, 1961 and the rules set forth by the Bar Council of India and
State Bar Councils. This article explores the detailed procedure and
requirements for admission and enrolment of advocates in India.
The Advocates Act, 1961: The Legal Framework on
Admission and Enrolment of Advocates in India
The admission and enrolment of advocates in India are primarily
governed by the Advocates Act of 1961. This legislation sets out the
rules and regulations that govern the legal profession in India and
establishes the framework for becoming a practising advocate.
Under the Advocates Act, the Bar Council of India (BCI) and the
State Bar Councils are responsible for overseeing the admission and
enrolment of advocates. The BCI is the apex regulatory body for the
legal profession in India and lays down the standards for legal
education and professional conduct. Each state in India has its own
State Bar Council, responsible for enrolling advocates within its
jurisdiction.
General Rules on Admission and Enrolment of Advocates
in India
The admission and enrolment of advocates in India are regulated by
the Advocates Act of 1961, specifically Sections 16 to 28. Under
Section 16 of the Advocates Act, advocates are classified into two
categories: Senior Advocates and Other Advocates.
Senior Advocate designation is granted by the Supreme Court or a
High Court when they believe that an advocate’s legal expertise,
 reputation at the Bar or unique knowledge warrant such
recognition, with the advocate’s consent. This honour comes with
significant responsibilities, as senior advocates are expected to set
an example for younger members of the profession.
The procedures for designating an advocate as a Senior Advocate in
the Supreme Court and their practice restrictions can be found in
Order-iv, Rule-2 of the Supreme Court Rules, 1966. Each High Court
has its own processes for appointing Senior Advocates. The Bar
Council of India imposes certain restrictions on Senior Advocates,
including:
 Senior Advocates may not file vakalatanamas, memoranda of
presence, pleadings or applications in any court, tribunal or
authority.
 In the Supreme Court, Senior Advocates cannot appear in court
without an Advocate on Record.
 In High Courts, Senior Advocates must be accompanied by an
Advocate from the state roll.
 They cannot undertake drafting activities for pleadings, affidavits or
any similar tasks.
 They are not allowed to engage in conveyancing work of any kind.
 Senior Advocates cannot directly accept cases or instructions to
appear in courts or tribunals.
When an advocate is recognised as a Senior Advocate, the registrar
of the respective Supreme Court or High Court must notify all
relevant High Courts, the secretary of the State Bar Council and the
Bar Council of India, including the advocate’s name and the date of
recognition.
Eligibility Criteria for Admission as an Advocate
The Advocates Act, 1961 and its associated rules define the
eligibility criteria for individuals seeking admission and enrolment as
advocates in India. These eligibility criteria include the following:
Citizenship: The applicant must be a citizen of India. This
requirement ensures that only Indian nationals are eligible to
practice law in the country.
Age: The applicant must have attained the age of 21 years. There is
no upper age limit for admission as an advocate, as affirmed by the
Supreme Court in the case of Indian Council of Legal Aid and
Advice vs. Bar Council of India (AIR 1995 Supreme Court 691).
Educational Qualifications: To be eligible for admission, an
applicant must possess a law degree from a recognised university.
The law degree can be obtained through various routes:
a) Completing a 3-year law course after graduation (regular
university studies).
b) Completing a 5-year integrated law course after 10+2.
c) Completing a law degree from a foreign university recognised by
the Bar Council of India.
Additional Conditions: Applicants must meet any other conditions
specified by the State Bar Council through their rules.
Enrolment Fee: Applicants are required to pay an enrolment fee to
both the State Bar Council and the Bar Council of India.
Roll of Advocates
Every State Bar Council is mandated by Section 17 of the Advocates
Act to maintain a roll of advocates. This roll is divided into two
sections, with the first section containing the list of Senior
Advocates and the second section comprising Other Advocates. In
cases where multiple advocates are enrolled on the same day, their
names are arranged based on their seniority by age.
An individual cannot be enrolled as an advocate with more than
one Bar Council. However, someone whose name is already enrolled
in one state’s roll may apply to the Bar Council of India for a transfer
to another state’s roll, subject to reasonable grounds and the
absence of pending disciplinary proceedings. The State Bar Council
is responsible for transmitting authorised copies of the Advocates
Roll when new advocates are added or names are removed.
Certificate of Enrolment
Section 22 of the Advocates Act requires the State Bar Council to
provide a certificate of enrolment in the prescribed format to any
individual whose name is included in the roll of advocates
 maintained by that council. Advocates listed on the state roll must
promptly inform the concerned State Bar Council of any changes in
their place of business or permanent residence within 90 days.
Procedure for Admission and Enrolment of Advocates in
India
The process of admission and enrolment as an advocate involves
the following steps:
 Educational Qualification: The applicant must first obtain the
necessary educational qualifications by completing the prescribed
law degree program.
 Application: After fulfilling the educational criteria, the candidate
must submit an application for enrolment to the State Bar Council in
the jurisdiction where they intend to practice.
 Payment: Along with the application, the candidate must submit
the prescribed enrolment fee through a bank draft drawn in favour
of the respective Bar Council.
 Verification: The State Bar Council will verify the application and
eligibility of the candidate.
 Enrolment: Once the application is approved, the candidate’s name
is entered into the State Bar Council’s roll of advocates. The
candidate is now eligible to practice law in the jurisdiction of that
State Bar Council.
 Bar Council of India: The State Bar Council forwards the enrolled
advocate’s details to the Bar Council of India for inclusion in the All
India Bar Council.
 Practice: The enrolled advocate can then begin practising law,
representing clients in various legal matters and appearing in courts
of law.
Exceptions and Special Provisions on Admission and
Enrolment of Advocates in India
The Advocates Act, 1961, also includes certain exceptions and
provisions for individuals with specific qualifications or experience:
 Vakils and Pleaders: Those who were practising as Vakils, Pleaders
or Mukhtars for at least three years are eligible for admission as
advocates.
 Former Public Servants: Individuals who were entitled to practice
law but were in public service on a particular date may still be
eligible for admission.
 Qualifications by Experience: The Bar Council of India may specify
qualifications by experience for admission as an advocate.
 Judges: Former judges of any High Court in India may be admitted
as advocates upon retirement.
Disqualification for Admission and Enrolment of
Advocates in India
Section 24A of the Advocates Act defines disqualifications for
enrolment, including individuals who are ineligible to become
advocates:
 Those convicted of moral turpitude offenses.
 Individuals convicted under the Untouchability (Offenses) Act of
1955.
 Those dismissed from government employment due to allegations
of moral turpitude. The disqualification is lifted two years after their
release from prison or dismissal from service.
 However, if someone found guilty under the above conditions is
benefiting from the Probation of Offenders Act, 1958, they are not
disqualified.
In cases of denial of enrolment due to disqualification, the State Bar
Council must inform all other State Bar Councils, providing the
applicant’s name, address and reasons for denial and the applicant
will be prohibited from reapplying.
In legal precedents, it has been established that individuals with
legal degrees cannot practice other professions concurrently.
Therefore, a person with a legal degree working in a different field
cannot become an advocate. Similarly, full-time law professors
receiving regular salaries are prohibited from practising as
 advocates and full-time salaried law officers cannot enrol as
advocates.
Disposal of Admission Applications
Section 26 of the Advocates Act states that the State Bar Council
sends all admission applications to its enrolment committee. This
committee, subject to written directives from the State Bar Council,
processes and disposes of these applications accordingly.
However, if the Bar Council of India finds, through referral or other
means, that an advocate has obtained enrolment through
misrepresentation, fraud or undue influence, they may remove that
person’s name from the advocate’s roll after providing an
opportunity for the advocate to present their case.
Removal of Name from the Roll
According to Section 26-A of the Advocates Act, the State Bar
Council has the authority to remove an advocate’s name from the
state roll upon receiving a request for a deceased advocate.
Challenges and Legal Precedents
Over the years, certain challenges and legal disputes have arisen
regarding the eligibility and admission of advocates in India. The
Supreme Court of India has played a significant role in interpreting
and upholding the provisions of the Advocates Act, ensuring
fairness and transparency in the admission process.
For example, the Supreme Court has ruled against age restrictions
for enrolment, emphasising that age alone should not be a
disqualifying factor for aspiring advocates. Similarly, it has struck
down rules that imposed pre-enrolment training and apprenticeship
requirements as ultra vires.
Significance of Admission and Enrolment of Advocates in
India
The admission and enrolment of advocates in India hold immense
significance for the legal profession and the justice system as a
whole. Here are some key aspects of its significance:
 Quality Control: The rigorous eligibility criteria and verification
process help maintain a high standard of legal professionals in the
 country. Only individuals with the necessary qualifications and
competence are allowed to practice law.
 Ethical Standards: Advocates are bound by a strict code of ethics
and professional conduct. By ensuring that only qualified individuals
are enrolled, the legal profession maintains its integrity and upholds
ethical standards.
 Access to Justice: Qualified advocates play a crucial role in
ensuring that individuals have access to justice. Enabling competent
legal representation for clients enhances the fairness of the legal
system.
 Legal Education Standards: The Advocates Act also empowers the
Bar Council of India to regulate legal education standards. This
ensures that law schools maintain high-quality programs, producing
well-trained graduates.
 Uniformity and Regulation: The uniformity in the enrolment
process across the country, under the guidance of the BCI, ensures
that the legal profession adheres to consistent standards and
regulations.
 Legal Expertise: The legal profession benefits from the diverse
expertise of its members, including those who have served as
judges or acquired specialised knowledge in various legal fields.
Conclusion
The admission and enrolment of advocates in India is a well-
regulated process designed to ensure that only qualified individuals
with the requisite educational background and eligibility criteria can
practice law.
The Advocates Act, 1961 and the rules set by the Bar Council of
India and State Bar Councils govern this process. Aspiring advocates
must fulfil these requirements, submit their applications and pay the
necessary fees to embark on a fulfilling and challenging career in
the legal profession, upholding justice and the rule of law in India.
ACCOUNTANCY FOR LAWYERS
ACCOUNTANCY OF LAWYE\RS
A business enterprise must keep a systematic record of its daily
transaction. It is a legal duty. It helps to know where its stand and
adjudge its performance. This systematic recording of transactions is
known as accounting. Since legal profession is a trade, lawyers are
under duty to maintain systematic accounts relating to the profession.

The basic purpose of accounting is to present a complete financial

picture of the Advocates profession. This can be done with the help of
two financial statements like (i) Profit and loss account and (ii) Balance
sheet showing the assests and liabilities. It is necessary to maintain
proper accounts to calculate the following (i) Annual Income (ii) Income
Tax (iii) ProfessionalTax (iv) Amount due to the client or amount due by
the client.

1. To calculate the annual income : To calculate the annual income of

the Advocate from the legal profession, it is necessary to maintain
proper accounts of his income from the profession. Maintaining this
account is useful for Advocates also. By knowing his Annual Income , he
can take steps to improve his profession.

2. To Calculate income Tax : Advocates are liable to Pay Income tax

for the income derived from the profession. In order to calculate the
amount payable as income tax, he has to maintain proper accounts
relating to his income and expenditure. To calculate the taxable income
he is entitled to deduct certain expenditure like rent, salary, telephone
bill and other administrative expenditure. For this purpose also he has to
maintain proper accounts.

3. To calculate professional tax: Every six months the advocates are

liable to pay professional tax to the Government. The amount of
professional tax varies depending on the income. In order to calculate
the amount of professional tax he has to maintain the proper accounts.

4. To Ascertain the amount due from the client or due to the client:
The account relating to the amount received from the client and the
amount received on behalf of the client from others or from the court
should be properly maintained. Then only the amount due from the client
can be calculated. This will help not only the client but also the
Advocate.

PLACE OF KEEPING THE ACCOUNTS

BOOKS.
The accounts books and documents relating to the accounts should be
kept and maintained by the advocate,

(i) At his office.

(ii) Where he is carrying on the profession more than one office, then at
his head office. But accounts can also be maintained separately for each
branch at the respective branch office. Penalty for not keeping Account
Books: A Lawyer who is legally liable to maintain account books, fails to
maintain it or fails to retain it for the prescribed period (cash book and
ledger-16 years, other books-8 years) is liable to pay penalty ranging
from Rs.2000/- to 1,00,000/- (S.271 A ).

Bar council Rules relating to accounting

Accounting is an art of recording, classifying and summarizing in a

significant manner the event which are financial in character and
interpreting the result there of . An Advocate is under a duty to maintain
proper accounts of money received from his client and the amount
received on behalf of client from others or from the court. The rules
relating to such accounting is dealt in rules 25 to 32 of the Bar Council
Of India Rules 1975.

Rule 25: An advocate should keep the accounts of the client’s money
entrusted to him. The accounts should show the amounts received from
the client, the expenses incurred for him and the debits made on the
account of Advocate fees with the respective dates and all other
necessary particulars.
Rule 26 : Where moneys are received from the client, it should be
entered whether the amount have been received for the advocates fees
or expenses. Amount received for the expenses shall not be diverted
towards Advocates fees without the consent of the client in writing.

Rule 27: Where any amount is received on behalf of his client the fact of
such receipt must be intimated to the client as early as possible.

Rule 28 : After the completion of the proceeding, the advocate shall be

at the liberty to take the settled fee due to hi to the unspent money in his
hand.

Rule 29: Where the fee has been left unsettled, the advocate shall take
the fees which he is legally entitled from the moneys of the client
remaining in his hands, after the completion of the proceeding. The
balance shall be returned to the client.

Rule 30: A copy of the client account shall be furnished to him after
getting the necessary copying charges from him.

Rule 31: An advocate shall not make any agreements whereby client’s
funds in his hands are converted into loans to the advocate.

Rule 32: An Advocate shall not lend money to his client for the purpose
of conducting the case

Rules Relating to Accounting Under Income

Tax Act.
Under the Income Tax Act, every lawyer is required to maintain the
following books of accounts and other documents to enable the
Assessing Officer to calculate his total income (i) cash book (ii) Receipt
Voucher (iii) payment voucher (iv) journal (v) ledger. The accounting
year is 1st April to 31st March next year.
1. Cash book : It is the book in which the amount received by the
Advocates from the clients and others and the amount spent for the
clients are written. This book is useful for the Advocate to know the
amount in his hand on each day.

2. Receipt Voucher : It is the document prepared for recording the

receipt of money by cash or cheque. When an Advocate received money
from the client, the Advocate has to issue a receipt to the client.
Advocate shall maintain receipt books with serially numbered receipt
forms in duplicate. The original receipt should be given to the client and
the duplicate shall be retained by the Advocate.

3. Payment Voucher : Payment vouchers are used to record such

payments for which receipts are not obtainable from the person to whom
such payments are made. For example bus fare, auto fare, court fees,
stamps, refreshment expenses etc. In such cases the Advocate
signature in the payment voucher and the signature of the person to
whom payment is made may be obtained.

4. Journal : Journal is the book of first entry or original entry. In the

journal the transactions are recorded in the order of their occurrence. It
should contain the following details (i) Date of Transactions (ii) Account
to which the transaction relates (iii) Amount to be debited, (iv) Amount to
be credited (v) Explanation of the transaction.

5. Ledger : The transactions recorded in the journal are to be posted to

the separate heads of account in other book called as Ledger. In the
ledger different pages are allotted to the different heads of accounts.
When the journal entries are posted to the concerned heads of account
in the ledger, the page number of the ledger should be noted in the
journal for easy reference.The ledger account of an advocate shall
contain the following heads.

Clients Account :
For each and every client separate pages shall be allotted in this ledger
and separate account shall be maintained for them.
 (i) Fees Account : In this account the fees received from each and every
client shall be entered separately. From this account the total amount of
fees received from all the clients in a financial year can be ascertained.

(ii) Rent Account.

(iii) Salary Account.

(iv) Library Account.

(v) Printing and Stationary Account.

(vi) Postage and Telegram Account.

(vii) Electricity Charges.

(viii) Conveyance Charges.

(ix) Repair and Maintenance.

(x) Office Miscellaneous Expenses Account.

At the beginning of the ledger book the index may be given with the
name of the different heads of account and their respective pages for
easy reference.

Case Laws:
1. Manilal Kher Ambalal And Co. vs A.G. Lulla, Seventh Income-Tax
..1989 176 ITR 253 Bom
Facts of the case:

The Petition is files advocates who are solicitor and advocates enrolled
more than 50 years age and has been filing accounts every year with in
the rules framed by High court, Bombay with related to their professional
 work.Petitioner were maintain separate accounts in the banks as per
rule 10 of the Bombay High court. When an IT Officer sent the
advocates notice furnish the details as per new rules against the method
followed by advocates from several years. Advocate preferred this
appeal against the change of accounting system.

Issues of the case:

1. When an advocate is accountable for money received from client

towards case and is that of a quasi trust and he holds such money in a
fiduciary capacity?
2. whether the change the accounting system for an advocate can be
entitled by IT officer with out proper amendment?
Judgment:

The Bombay High Court ruled that the High Court Rules are
unquestionably created in conformity with professional standards and
cannot be held accountable. As a result, the petition was approved, and
the respondent was required to cover the petitioners’ costs.

2. Associated Law Advisers Antriksh

Bhawan v/s ITO Ward I.T.A. No. 5336 &
5846/DEL of 2014
Facts of the Case:

The aforesaid cross appeal have been filed by the Assess as well as the
revenue against the impugned order dated 22/8/ 2014 past by under
section 143 ( 3) for the assessment year 2010-11

Issues

1. weather a law firm can treat advance payment received for the payment
to senior advocate and for the payment to its own partners in similar
manner?
2. Can an advocate receive money as an address advance in his judiciary
capacity?
Judgment:

Once the case has been determined, the advocate may accept the funds
in his official capacity as a judge and may treat them solely as advances
rather than as profits. The Revenue of Appeal is dismissed, and the
Assessor’s Appeal is upheld.

3. Income Tax officer And Anr vs Sudesh

Sharma CRM No A-959 of 2014
Facts of the Case:

The special leave petition was filed by appellant against by the acquittal
of respondent from case where, respondent acting as Council service
clients in many cases submitted the requiste documents and TDS
Certificate for the purpose of furnishing clients income tax returns, which
were not genuine and also the returns work client wrongly.

Issues:

1. Weather in advocate maybe held liable for submission of wrong income

tax returns showing name of non existing persons in order to derive
pecuniary benefits in the shape of refund or it was?
2. such filing can be considered as the harmful to public servant?
Judgment:

The motion for leave to appeal was denied by the court, which
determined that there was insufficient evidence, even if it were cogent,
to support any interference with the appealed acquittal judgements. As a
result, this petition was dismissed because it lacked merit.
 4 .S.S. Industries Vs Union of India Special
civil application no 8841/2000
Facts of the Case:

The person chargeable with law makes an interest and the subsection 8
of Sec.73 of the case maybe tax interested and penalty

Issues:

1. Whether the interpretations of Rules 86a of the CGST rules inserted vide
notifications number 75 /2019 procedure for power and blocking the
input tax credit in the electronic credit ledger is true or not?
2. Whether the scope of exercise of power and the Rule 86 a of IT rule is
valid or not?
Judgment:

Hear in this case both by the appellant petitions were rejected and failed
with appropriate observations.

5. Commissioner of income tax Vs Tanu Bai

D. Desai 1972 ITR 713 Bom
Facts of the Case:

The assessee is a practicing solicitor and in the course of caring his

profession used to deposit money in a separated bank account, received
by his clients. The income tax officer and the appellant assistant
commissioner held that the interest earned by advocate on fixed
deposits earn out of money paid by client should be should be
considered as and should be included in the personal assessment of the
assessee aggrieved by the tribunal appellant preferred this petition
before the High Court.

Issues:
1. Weather in advocate interest earned as a practice in solicitor by him and
a section 66 (1) of the income Tax Act
In the clients accounts are included in the computation of total income in
his personal assessment or not?
Judgment:

After thoroughly discussing the law high Court held that tribunal
judgement is correct and high Court held that interest earned by an
advocate of fixed deposit maintained in client account need not be
considered is that assessment of an advocate personal account.

6. Commissioner of Income tax Sundersons

and AIR 1969 cal 211 ITA 453
Fats of the Case:

The petitioner was filed by the appellant under section 66 ( 1) of the

Income Tax Act rules on interesting question about solicitor clients
relationship

Isssued:

1. Weather the unclaimed balance in the accounts of the client are credited
to the profit and loss account of the law firm or an advocate can be
considered as revenue receipts?
2. Weather search amounts are taxable under the Income Tax Act?
Judgment:

Since the solicitor did not stand in the position of the trustee to the client
and limitation Act.the remedy of the client to recover sum of the balance
where where the limitations. Amount of such wages could not be added
to income of solicitor
7.. Shiv ram das Vs B.V Nerurkar (1937) Bom
LR 633
Facts of the case

This is a chamber of s taken summons taken out by the applicants, who

are a firms at solicitors against the respondents Who wear the defendant
in the suit in the matter of costs incurred by them depending the suit on
behalf of the desfendants. respond in contended that before the tax in
master that the applicants are not entitled to any profit cost but only to
pay their out of pocket.

Issues:

Whether implied or constructive Trustee of a public Charity trust are

entitled only to their out of pockets costs of the suit and their offices
expenses or else to their profit costs?

Judgment:

Coat held that the appealents are entitled to the costs of their
appearance before the taxing master on the taxation of their bills of
costs and on the hearing of the objections filed they their quote the
petition was allowed

8. VFD and Sopher Vs Waglf & Co (1925) 27

Bom
Facts of the case

In this case the plaintiff ask for the payment to them of the amount at a
degree obtained by the defendant R.P Wagle & co against one
 narotonda attached in executions of the decree in favor of lied sopher in
the suit and relised by shering.

Issues:

Whether the priority should be given to the solicitor or a judgment

creditor in credit to the lien on judgment?

Judgment:

Court held that the ” All cause should come out of the money is first
court decided that applicant or solicitor should be the first priority in lien
on judgement Council certified.

9. Dharnraj Giriji Narsingioji Vs. Dayne and

Co (1933) 35 Boml 554 ,145, Ind 641
Facts of the case

This is an appeal from an order made by Justice mirzaa or motion taken

out by the attorney for the defendant in a Suit against merits to the
company who were solicitors for the notice ask that masseive be
ordered to pay defendant costs which defendants cause of their suit less
certain cost which the defendant head already been directed to bear.

Issues:

1. where the solicited his personally liable for the costs to the opposing
party?
Judgment:

In this case Appeal allowed with cost of the notice motions and appeal.
Court held that notice of motions absolutes . Costs to be taxed as if the
plaintiff exists.
 10. Haji Ismail And Co Vs Rabiabaz &
Another
Fact s of the case:

The two diffent in this suit where partners number 96 of 1907 title by the
first defendant against the second descendant to dissolution of
partnership receiver was appointed to get in the assets.
The plaintiff in this suit having obtained degree a against the defendant
were granted leave to issue executions against the assets of the
partnership in the hands of the receiver and prohibitorary order was
issue on the 19 June 1908 they have taken out a garmishree of notice
against the receiver to pay to the plaintiff money.

Issues:

1. whether a solicitor is entitle to a lean for his costs in property recovered

or preserved by his exertions.
Judgment:

petition is allowed by the Court and held that plaintiff a charge or the
money.

Contempt of Court in Professional Ethics

The intersection of professional ethics and the legal concept of contempt
of court is a critical area of concern for legal practitioners. The principle of
contempt of court is pivotal in maintaining the authority and dignity of
the judiciary, ensuring that justice is administered without interference or
disrespect.

What is Contempt of Court?

Contempt of court refers to actions that disrespect or defy the authority

of a court. In India, the Supreme Court and High Courts have the power to
punish for contempt, as stated in the Constitution and the Contempt of
Courts Act, 1971. This Act categorises contempt into civil and criminal
contempt without defining contempt itself. Civil contempt involves willful
disobedience of court orders, while criminal contempt includes acts that
scandalise the court or interfere with judicial proceedings. The power to
punish for contempt is crucial for upholding the judiciary’s authority and
ensuring the enforcement of court orders.

Importance of Concept of Contempt of Court

Contempt of court or disobedience to its rulings, is crucial for upholding

the rule of law in India, where the judiciary is seen as the ultimate
protector of justice. Punishing contempt is essential to maintain the
supremacy of law and ensure that court orders are respected, preventing
the undermining of the administration of justice.
As highlighted in the Supreme Court Bar Association v. Union of India
(1995), the purpose of punishment for contempt is both corrective and
curative, helping individuals enforce their rights. Additionally, there is a
public policy element to punishing contempt, as disregarding court orders
would erode confidence in the judicial system. Contempt laws are
fundamental to preserving the integrity and efficacy of the legal system,
particularly in a democracy.

Role of Ethics in the Contempt of Court and Analysis of

Criminal Contempt of the Courts

The role of ethics in contempt of court, particularly in cases of criminal
contempt, is a complex issue that intertwines legal principles with moral
considerations. The concept of criminal contempt is subjective and broad,
often encompassing speech that should be protected under
constitutional rights like free speech and legitimate criticism. The
ambiguity in what constitutes criminal contempt is highlighted by the
observation of Fali S. Nariman, who notes that criminal contempt has
fallen out of favour in most civilised countries, yet remains prevalent in
India.
The legal profession is regarded as noble, with advocates acting as
officers of the court. Their adherence to a code of conduct, as outlined in
Chapter 2 Part V of the Bar Council of India rules, ensures the profession’s
integrity. These rules emphasise the importance of maintaining the
dignity of the court and ensuring that the actions of advocates do not
tarnish its honour and integrity. Chief Justice Marshall emphasised that
the aim of legal ethics is to uphold the honour and dignity of the legal
profession.
However, the lack of specificity in defining acts that harm the dignity of
courts and judges has been criticised. A key question arises regarding
whether criticising a judge in a personal capacity is unethical and
scandalises the court’s authority. Dushyant Dave, President of the
Supreme Court Bar Association, differentiated between criticising a judge
as a judicial officer and as an individual, suggesting that the latter should
not be seen as contemptuous.
Eminent jurists argue that criticism of judges should not be considered a
violation of ethics. Former Chief Justice Gajendragadkar cautioned against
the frequent and indiscriminate use of the power to punish for contempt,
as it could adversely affect the court’s dignity. He emphasised that justice
should be open to scrutiny, a fundamental aspect of democracy.
Suppressing criticism under the guise of contempt can have a chilling
effect on free speech.
The higher judiciary’s extensive power in determining what constitutes
criminal contempt has been criticised, especially in cases like that of
Advocate Prashant Bhushan. Criticising judges is seen as a necessary right,
with Justice Markandey Katju stating that personal insults should not
impede a judge’s functioning. Arun Shourie and Prashant Bhushan argue
that the concept of scandalising the court’s authority violates freedom of
speech and is arbitrarily broad.
The legal threshold for contempt is that it must substantially interfere
with the administration of justice, as outlined in Section 13 of the
Contempt of Courts Act, 1971. The Supreme Court has stated that the
exercise of criminal contempt powers is not to protect the individual
judge but to uphold the majesty of the law and the administration of
justice.

Professional Ethics and Advocacy

 The legal profession is governed by a set of ethical principles that guide
the conduct of lawyers. These principles emphasise the importance of
integrity, honesty and respect for the judicial system. In the context of
contempt of court, these ethical guidelines underscore the responsibility
of legal practitioners to maintain the decorum of the courtroom, to
refrain from making derogatory remarks about judges or the judicial
process and to avoid actions that could be construed as disrespectful or
obstructive.
One of the key ethical considerations for lawyers is the balance between
their duty to advocate zealously for their clients and their obligation to
uphold the dignity of the court. While aggressive advocacy is often
necessary to protect the interests of clients, it must be tempered with
respect for the judicial process and the individuals who preside over it.

Challenges and Criticisms

The application of contempt of court laws has been a subject of debate

and criticism, particularly concerning the potential conflict with freedom
of expression. Critics argue that the broad and somewhat subjective
nature of criminal contempt, especially the concept of “scandalising the
court,” can be used to stifle legitimate criticism and dissent.
The challenge lies in distinguishing between constructive criticism of the
judiciary, which is essential for accountability and transparency and
actions that genuinely undermine the authority of the court. Legal
professionals must navigate this fine line, ensuring that their commentary
on legal matters is informed, and respectful and does not impede the
administration of justice.

Ethical Guidelines for Legal Practitioners

To navigate the complexities of contempt of court within the realm of

professional ethics, legal practitioners are advised to adhere to the
following guidelines:
 Respect for the Judiciary: Always maintain a respectful demeanour
towards the court and its officials, both in and out of the courtroom.
 Integrity in Advocacy: Advocate for your clients’ interests with zeal, but
not at the expense of honesty, fairness or the integrity of the judicial
process.
 Constructive Criticism: When critiquing the judiciary or legal processes,
ensure that your comments are informed, respectful and aimed at
promoting improvement rather than undermining authority.
 Compliance with Court Orders: Adhere strictly to court orders and
directives and advise your clients to do the same, to uphold the rule of
law.
 Confidentiality and Privacy: Respect the confidentiality of court
proceedings and the privacy of all parties involved, unless disclosure is
authorised or required by law.

Conclusion

The role of ethics in contempt of court, particularly criminal contempt,

requires a delicate balance between respecting the dignity of the judiciary
and safeguarding freedom of expression. The lack of clarity and discretion
in defining and applying contempt laws can lead to the suppression of
legitimate criticism, which is essential for a vibrant democracy. The focus
should perhaps shift towards addressing civil contempt, where the
backlog of cases is significantly higher, rather than overly emphasising
criminal contempt.

Conduct/Duties of Advocate
This paper mainly focuses on conduct of advocates. Every advocate has rights
and duties. This paper will discuss about the duties of advocate towards various
parties such as client, opponent, colleagues, public etc. Professional Ethics is a
subject which has to be followed by everyone irrespective of their profession and
it is not just limited to legal profession. In legal profession, it is all about the
behaviour of a person at the time of taking decisions or making judgements which
are not biased.
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There are Bar Council Rules and Advocate's Act which are to be followed by
every member who is working as a legal professional. If there is any notice of
misconduct or breach of rules then that particular advocate has to face
disciplinary consequences. It also deals with the main objective of the legal
profession, the canons of professional ethics to be pursued by a lawyer in the
discharge of his professional duties. This paper further focuses on provisions and
case laws which deal with the duties/conduct of advocate, Why is it important to
follow ethical principles and the relationship between advocate and client.

Objective Of The Study:

The main objective of the study is to discuss the conduct and duties of advocate.
What is the relationship between advocates and other persons such as clients,
colleagues, opponent public etc. why ethical principles are to be followed by
every person in the legal profession and their importance Also to study about
various examples, case laws, provisions or rules and regulations related to
professional ethics and conduct of advocates.

Research Methodology:
The methodology adopted is largely analytical and descriptive. Reliance has
been placed largely on secondary sources like books and articles. The lectures
and classroom discussion have been rich with valuable pointers and gave
direction to the research.

Research Questions:

 What is relationship between an advocate and his client?

 An Advocate advances money to a client for the purpose of a litigation in
which he is engaged. Is it considered as a professional misconduct?
 What are the rules to be observed by an advocate during the cross -
examination?
 Whether the bar council of India can review an order passed by the
disciplinary committee? If has, under what circumstances?
 Can an advocate appear for a party in a case in which the presiding judge
of that court is his wife?

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Mode Of Citation:
A uniform system of citation is followed throughout the contents.

Introduction
The profession of advocacy had its seed in Europe as well as in the east. Since
12th century, this profession came into existence in England, in the reign of
Henry – II. In 1883 bar committee representing the barristers was set up in
England for the first time. Before it was known as Benchers. Supreme Court of
Calcutta was established and allowed legal practicing according to the Regulating
Act, 1773.

Later in the year of 1793 the Bengal Regulation Act, 1793 was formed and the
main objective of which was to regularise and to control both recruitment and
conduct of legal practitioners in the company's courts. In those days, there were
different kinds of legal practitioners i.e., Barristers, Mukhtars, Vakils etc. After
1850, the education in the graduation level was started, Act of 1853 stopped
recruitment of pleaders, mukhtars who did not possess graduation, as the
number of graduates was sufficient.

Thereafter, “The Legal Practitioners Act, 1879― was enacted, which

enlarged the rights of advocates, vakils and attorneys of High Courts. In 1923,
the British government appointed an Indian Bar Committee. This committee has
made several recommendations for the establishment of Indian bar and to
remove several defects in legal professions.

As a result of the recommendations of Indian Bar Committee, the new act named
The Bar Councils Act, 1926 has been passed. But it adopted only some of the
recommendations of the committee. It did not establish an all India Bar Council. It
did not extend to entire India. In the same year another act names “The
Legal Practitioners Act, 1879― was passed regulating the rights and
liabilities of legal practitioners. But yet again this act also had flaws[1].

After Independence, the Indian Government appointed “All India Bar

Committee― in the year of 1953. This committee has observed various
suggestions and after thorough examination it has made some recommendations
to the Government of India. As a result of the report submitted by “All India
Bar Committee― Parliament has passed “The Advocates Act,
1961―. Now Professional ethics is governed by “The Advocates Act,
1961― and “Bar Council of India―.

The Act provides for the constitution of Bar Councils and All India Bar for
regularization of legal profession, whereas Bar Council of India is an autonomous
and independent body. It is a legal person and body corporate. It shall have
perpetual succession and a common seal with power to acquire and hold
property, both movable and immovable and to contract, and may by the name by
which it is known, sue and be sued. Section 7 of the Advocate's Act, 1961 states
the functions of Bar Council of India. The first and foremost function is that it has
to lay down the professional conduct and etiquette for advocates throughout
India[2].

Conduct/ Duties Of Advocate:

Advocacy is a noble profession. It cannot be compared with any other profession
like trade, business etc. because it is a part and parcel of judiciary and
administration of justice. Bar and bench are two eyes of the ‘Justice'. There
are judicial ethics and etiquette for judges. There are professional ethics and
etiquette for advocates. Every advocate should follow them in his profession. An
advocate is also a key person in conducting a proceeding before the court. While
conducting a proceeding the advocate should function intelligently. There are
several functions entrusted to the advocate. There are five most important
functions. They are[3]:
  Briefing
 Counseling
 Pleadings, drafting and Conveyancing
 Examination, Cross – examination, chief examination of witness and
 Arguments.

Beside them, an advocate has to do several functions which are necessary in

conducting proceedings. While carrying out these functions an advocate must act
prudently, legally and cautiously. There are several ethics and etiquette
controlling the conduct of the advocates. These ethics and etiquette impose
certain duties upon the advocates. Ethics and etiquette means ethics are morals,
a moral philosophy or moral science. It is the first stage of society.

Etiquette is the second stage, which formulates the rules of behaviour standard in
polite society. Humans have experienced ethics in their life. They are inherent in
every religion. Along with the civilization of humans there were Ethics. Every
religion preached morals and ethics. Etiquette is restricted to particular kind of
profession. It is nothing but regularization of ethics. In simple words ethics are
bundle of habits whereas etiquette is bundle of rules of ethics. These rules have
statutory force[4].

Every advocate must follow these duties because they are part and parcel of the
professional ethics and etiquette. Whoever fails to oblige them, such an advocate
is said to have committed professional misconduct and be punished accordingly.

As stated above, the important duties that have to be followed by the

advocate are[5]:

1. Advocate's Duty to the Court

2. Advocate's Duty to the Client
3. Advocate's Duty to the Opponent Advocate.
4. Advocate's Duty to the Cross Examination
5. Advocate's Duty to the Colleagues

Advocate's Duty To The Court:

An advocate is considered as an officer of the court, honoured member of the
community, and a gentleman, thinking that to become a member of the bar he
has to be lawful and moral not only in his professional capacity but also in his non
– professional capacity. An advocate has to courageously support the interest
of his client and also have to follow the principles of ethics and etiquette both in
correspondence. The bar council of India rules, State Bar Council rules mention
certain canons of conduct and etiquette as general guides. Section I of Chapter
– II of Part – IV OF THE Bar Council of India Rules explaining the rules
pertaining to “Advocate's Duty to the Court―.
Following Are The Duties Of Advocate Towards To
Court[6]:
1. An advocate while presenting his case should conduct himself with dignity
and self respect
Â
2. Respectful attitude must be maintained by the advocate. He has to keep in
mind the dignity of the judge.
Â
3. An advocate should not, by any improper means should influence the
decision given by the court.
Â
4. It is the duty of the advocate to prevent his client from resorting to unfair
practices and also the advocate himself should not do any of such acts.
Â
5. Dress code has to be maintained by the advocate while appearing before
the court.
Â
6. An advocate should not take up any case of his family members and
relatives.
Â
7. No bands or gowns had to be worn by the advocate in the public places. It
is only limited to the court premises.
Â
8. An advocate cannot be as a surety for his client.
Â
9. It is the duty of the advocate to cooperate with the bench in the court.
Â
10. It is the duty of the advocate to perform his functions in such a manner that
due to his acts the honor, dignity and integrity of the courts shall not be
affected.
Â
11. An advocate should not laugh or speak loudly in the court room especially
when the proceedings are going on.
Â
12. When an advocate accepts a brief, he should attend all adjournments
properly. If he has any other work in another court, he should first obtain
the permission from the court concerned. Particularly in criminal cases, it is
the first and foremost duty of an advocate to attend.
Â
13. While the case is going on, the advocate cannot leave the court without
court's permission and without putting another man in charge, preferably
his colleague or junior or friend advocate.
The Bar Council can review the order given by the disciplinary committee under
Section 44 of the Advocate's Act, 1961. V.C. Rangadurai vs D. Gopalan, In this
case V. C. Rangadurai was an advocate and Devasenapathy was an old deaf
man, aged 70 years and Smt. D. Kamalammal was also aged. They had given
two promissory notes to rangadurai and also paid the fees as was asked to the
advocate. Nevertheless, the advocate did not file the case in time. The limitation
was over.

After a long time of wandering around the office of the advocate, the old man
came to know that the advocate deceived him by not filing the cases within the
time even after receiving the fees. He filed a complaint before disciplinary
committee of the Tamilnadu state bar council which after enquiry punished the
advocate suspending him for 6 years[7].

On appeal, it was confirmed by the Bar council of India and also by Supreme
Court. Rule 6 of Chapter II of Part- VI of the Bar Council Rules states that an
advocate shall not appear, act, plead or practice before the court if any member
is related to the advocate as father, son, wife etc. the main object is to avoid
personal bias between an advocate and presiding officer related to such
advocate. Due to natural love and affection, the judge may incline towards the
advocate, thus to favour the client of the advocate related to him or her.

In case of Satyendra Nararain Singh and Others vs Ram Nath Singh and
Others[8], wife is the judge and husband is the advocate. Court held that the
advocate should not appear before his wife, who is the judge of the court. If he
appears before the court, to which his wife is presiding officer, it becomes his
professional misconduct. If he appears before the wife- judge. It is the duty of the
judge to raise the objection. If she fails to object and accepts his appearance,
then it becomes her judicial misconduct[9].

The advocate must always possess duty consciousness. The clients like the
advocate, who devotes his entire time and energy to his clients. The duty
conscious lawyer, once his engagement is final, sticks to the preparation of that
case on facts and laws with such tenacity that he leaves no efforts from his side
to win the case of his clients on merits by all legal means[10].

Advocate's Duty To The Client[11]:

Chapter – II of Part IV of Bar Council of India Rules (Rule 11 to 33) provides
the provisions relating to advocate's duty to client. Advocate's profession is a
noble and honorable profession in the society. It is a public service. But at the
same time it should be kept in mind that it is not a bed of roses especially for the
new entrants. An advocate has several duties to his clients. The clients generally
prefer an advocate who is hard working.

They mostly trust on the workmanship of the advocate, whom they can easily
reach and explain their difficulties. Most of the clients prefer an advocate who
dedicates his entire time to the clients and especially who is polite with the
clients. The duty- consciousness lawyer, once his engagement is final, sticks to
the preparation of that case in facts and laws with such tenacity that he leaves no
efforts from his side to win the case of his clients on merits by all legal means.

It is the duty of the lawyer to take up the particular file and has to start making
preparation even if the client is present or not. Such preparation of the file has to
take place with the views that are already shared by his clients. The duty of the
advocate is to never shrikes from devoting time, not only in the interest of his
client, but also to satisfy his own duty- conscious nature which singles him out
from his profession. The relationship between the advocate and client is of two
types. They are:

1. Contractual Relationship: It basically arises and ends only till the period
of contract exist. In India, the relationship between the advocate and his
client arises primarily from contractual obligations. A client chooses an
advocate for his case depending upon his professional success, with
strong desire that he is the fit person to defend his cause. After hearing the
cause, the advocate decides whether to take the case or not. If he wants to
take up the case, he will offer the client with certain amount of fee.

If the client agrees to pay the sum, the advocate takes up the case. Thus a
matter of contract shall be reached between an advocate and a client. If a
client fails to pay the remuneration, the advocate can sue him or has a
right of lien on the documents of his client.

In Kothi Jairam vs Vishwanath[12], the Supreme Court has held that an

agreement made by his client to pay his lawyer according to the result of
the case is against public policy. The Supreme Court observes that it is
professional misconduct for an advocate to stipulate for or agree with his
client to accept as his fee or remuneration as share of the property sued or
other matter in litigation upon the successful issue thereof. In England, a
lawyer cannot sue for his fee. If a lawyer behaves negligently, he can be
sued for his negligence, in India whereas in England, he cannot be sued.
Â
2. Â Fiduciary Relationship: Fiduciary relationship is the relationship which
never ends. If a client approaches the advocate and discloses the
confidential information of his life then this kind of information comes under
fiduciary relationship which the advocate has to keep it as a secret and not
disclose it all his life.

An advocate shall not change the parties. Rule 33 of the bar council of
India rules provides for the same. It is also professional ethics. For
example, if there are two rival parties A and B. A approaches X- an
advocate, and seeks his advice after explaining all the facts of the case,
weaknesses and strengths. After obtaining his opinion, A gives his case to
 Z – another advocate. If B approaches X asking him to defend on his
behalf, it is professional ethics of X to refuse the brief of B, being fully
informed about the case by A.

It is the duty of the advocate to give proper advice to his client. Rule 32 of
the bar council of India provides that an advocate is not supposed to lend
his money to his client for any kind of legal proceedings. But there is an
explanation which says that and advocate cannot be pronounced as guilty
if he does something that breaches the above said rule. It is more like an
exception but given as explanation.

Advocate's Duty To The Opponent Advocate[13]:

An advocate and his opponent are like brothers in the profession but representing
the different interests of different clients. Clients are not permanent they come
with the case and leave, once the case is done but advocates adhere to the court
and see each other or meet each other frequently in the court. If an advocate
quarrels with another, they cannot face each other or work together happily. Their
difference and grudge spoil the atmosphere. It also affects their clients. If it
creeps to the court it spoils the administration of justice. In the court, advocate is
not the decision maker, judge is the decision maker.

An advocate must always try to convince the court by the law and precedents. He
must be in a position to defeat his opponent advocate by using law and
precedents. For this purpose there must always healthy competition between an
advocate and his opponent. Leaving this highway, if an advocate starts fighting
with his opponent as an ordinary person by using scurrilous language, it does not
help his carrier. Moreover it spoils his clients, and further degrades the court.

Advocates are the part and parcel of the administration of justice. They fight for
justice. They struggle for the welfare and good of their clients. It does not mean
that the advocate and the opponent advocate are enemies with each other. There
is a controversy and discrimination on the issue but not between them. Their
conflict ends as soon as they come out of the court premises. If they quarrel with
each other like ordinary persons it affects the bar- bench relations. It may lead to
the groups in the bar.

Finally it badly vitiates the peaceful atmosphere of the court. Every advocate has
a right to cross examination, arguments, verification of documents etc. while
doing so he shall not be interrupted unnecessarily. Like him, the opponent
advocate shall enjoy the same right therefore, any advocate shall not interrupt his
opponent in cross examination, arguments unnecessarily. Interruption of the
opponent is improper. This destroys the decorum of the court. It obstructs the
ideas of the opponent. If necessary, an advocate may raise any objection with the
permission of judge. No advocate has the right to prevent a judge following the
course of argument of the opposite advocate.

A dispute is submitted before a judge by two parties. Each advocate will definitely
work hard to get the judgement in his favour but it is not possible to a judge to
give the judgement in favour of both the parties. He will give his judgement to
anyone of the parties based on the facts of the case. One party is defeated and
another party will win the case. Therefore, each advocate must have a spirit of a
sports man. All advocates are equal before the court.

An advocate should not have contacts and engagements with the opposite party
especially on the issue which is pending before the court. If necessary, an
advocate may contact his opposite party with the permission or with notice to his
opposite advocate. An advocate should not be stubborn on the minor matters.
For example, if the opponent advocate has asked the adjournment of a case on
genuine grounds. In such case, an advocate should not prolong the matter and
create nuisance before the court. It is the duty of advocate to not take advantage
of temporary difficulties of the opponent advocate. The combating between them
must be fair and in a legitimate manner. The duty of the advocate is to show
proper courtesy to the opposite counsel.

Advocate's Duty During Cross Examination[14]:

According to Sec 138 of Indian Evidence Act, 1872 the examination of witness by
adverse party is known as cross examination. It is the right of an advocate to
cross-examine the opponent party and his witnesses. The object of cross
examination is that if cross examination is conducted effectively and efficiently, it
discovers the truth. When a fact is stated in examination- in- chief and there is no
cross examination on that point naturally it leads to the inference that the other
party accepts the truth of the statement.

Cross examination of witnesses is a procedural matter. Cross examination is

mostly done according to the provisions of the Indian Evidence Act, Civil
Procedure Code, Criminal Procedural Code and other provisions of the law.
Besides these procedural matters; legal ethics are also concerned with what the
advocate should do or should not do, while he is performing cross –
examination. It has to be done with an objective to obtain the real facts from the
witnesses and the opposite party.

While cross examining and advocate must not offend the religious or personal
feelings of the opposite party. He should not mis-utilise the opportunity of cross
examining. He has no right to disgrace and bully a witness by putting offensive
questions. Questions which affect the integrity of a witness by making aggressive
comments on his character, but are not otherwise relevant to the actual enquiry,
ought not to be asked unless the cross – examiner has reasonable grounds for
thinking that the imputation conveyed by the question is true.
Such questions should only be asked if in the opinion of the cross – examiner,
the answers would or might materially affect the credibility of the witness and if
the allegation conveyed by the question relates to matters so remote in time or of
such a character that it would not affect or would not materially affect the
credibility of the witness, the question should not be asked.

In all cases, it is the duty of the advocate to guard against being made the
channel for questions which are only intended to insult or annoy either the
witness or any other person, and to exercise his own judgement both as to
substance and the form of the questions asked.

Advocate's Duty To The Colleagues[15]:

Section IV of Chapter II of Part VI of Br Council of India lays down the provisions
about the ‘Advocate's duty to the colleagues. Rules 36 to 39 provides for
advocate's duty to the court. An Advocate cannot appear in a case where a
memo is filed by the name of the other advocate. To do so he has to first take
consent from the advocate and in case if such consent is not given then he has to
apply to the court stating the reasons as to why he need consent.

All advocates are part and parcel of the administration of justice. They are court
officers. They take the fee of the services rendered. But the fee is not the criteria
its only secondary their service is basically a public service and each advocate's
office is known as public office. The primary concern of the advocate should be
aiming for justice for the welfare of people. There should not be any kind of
unhealthy competition between the colleagues. All are equal and each of them to
mutually respect each other. An advocate is not supposed to advertise himself.

If any client brings a case from another advocate to an advocate asking him to
appear for the case, then this new advocate should not readily accept the case;
first he has to go through the background of the case, details of the case and
most importantly he must know the reasons as to why the client wants to change
the previous advocate. If all the reasons stated by the client are proper then he
must ask the client to bring a no objection certificate from the previous advocate;
then only it is appropriate for him to take up the case. All members of the bar
association are known as colleagues. An advocate has to respect all his
colleagues and should not criticise co advocates.

An arrogant attitude of an advocate towards his colleagues is always observed by

the clients and public present in the court. This kind of behaviour affects his
profession, bar and bench relations, court proceedings and finally the whole
administration of justice.

Conclusion
Professional ethics is nothing but the duties which are to be followed by the
advocate. An advocate who violates these duties is considered as he has
violated the principles of professional ethics. These are the moral duties which
have to be followed by everyone not only in the advocate profession but other
professions as well because ethics and morals are important for each and every
person in the society.

The core subject of legal ethics is to maintain honour, dignity of the law
profession and to create a friendly atmosphere in the court without any biasness
and quarrels between advocates which eventually spoils the bar and bench
relations and ultimately affects the administrative system of justice. Cooperation
and fair dealing is necessary for the advocates. This kind of attitude helps them
to acquire more clients and be responsible towards the society because an
advocate is considered to do public service.

As every individual has a code of conduct, in the same way advocate also has
conduct or duties which are to be performed towards himself, his clients,
opponents, colleagues, court etc. it is the duty of the advocate to maintain the
decorum of the court and act properly with his opponents or colleagues. He must
always act in the best interests of his clients and should not do any kind of act
that betrays their trust upon him. All these duties, ethics and morals help an
advocate to be in a better position in his career and become a successful lawyer.

Powers and Functions of the Bar Council of

India
The Bar Council of India is a legally mandated organisation formed under
the Advocates Act, 1961. The act also mentions the powers and functions
of the Bar Council of India.
Its primary purpose is to oversee and regulate legal practice and
education in India. In addition, it administers the All India Bar
Examination (AIBE) annually, which serves as a selection process for
individuals seeking to practice law in the country’s courts.
The Bar Council also fulfils the role of regulatory authority by establishing
guidelines for professional conduct and etiquette within the Indian legal
community. Its main objective is safeguarding the rights, interests, and
privileges of advocates throughout India.
The Bar Council of India operates as a statutory and regulatory body
established by the Advocates Act, 1961, with responsibilities
encompassing the legal profession and education in the country. It also
serves as the representative organisation for the legal community in
India.
 What is the Bar Council of India?
The Bar Councils of India were established under the Advocates Act, 1961
based on the recommendations of the All India Bar Committee. These
councils operate at both the national and state levels. The State Bar
Councils were established under Section 3 of the Act.
The Bar Council of India comprises members elected from each State Bar
Council, the Attorney General of India, and the Solicitor of India, who
serve as members automatically. The members of the State Bar Councils
are elected for five years. The Council has the power to choose its own
Chairman and Vice-Chairman from among its members, and they serve
for two years.

Composition of Bar Council of India

The Bar Council of India (BCI) is composed of:

 Elected representatives from each State Bar Council (elected for a five-
year term)
 Attorney General of India (ex-officio member)
 Solicitor General of India (ex-officio member)
The representatives from the State Bar Councils are elected for a term of
five years. Within the BCI, members elect a Chairman and Vice-Chairman
from among themselves, with each serving a two-year term. This
structure ensures that the BCI is representative of various regions and
includes top legal advisors, facilitating comprehensive oversight and
regulation of the legal profession in India. The BCI is crucial in setting
standards for legal education, ensuring professional conduct, and
safeguarding the rights, privileges, and interests of advocates across the
country.

Powers of the Bar Council of India

The powers of the Bar Council of India are:

Admission as an Advocate

According to Section 20 of the Advocate Act, any advocate who had

the right to practice in the Supreme Court before the appointed day but
was not listed in any state roll can express their intention to the Bar
Council.
They must do this within the prescribed time and using the prescribed
form. Upon receiving the application, the Bar Council of India will direct
the respective state Bar Council to enter the advocate’s name in the state
roll without a fee.

Sending Copies of Rolls

Section 19 of the Advocate Act mandates that every State Bar Council
must send an authenticated copy of the advocate role, prepared for the
first time under this Act, to the Bar Council of India. Furthermore, any
alterations or additions made to the roll must be promptly communicated
to the Bar Council of India.

Transfer of Name

Section 18 of the Advocate Act deals with transferring an advocate’s

name from one State Bar Council role to another. If an advocate wishes
to transfer their name, they must apply to the Bar Council of India.
Upon receiving the application, the Bar Council of India will direct the
removal of the advocate’s name from the first State Bar Council’s roll and
its entry into the roll of the other State Bar Council. No fee is required for
this transfer.

Appointment of Committees and Staff Members

Section 9 empowers the Bar Council of India to appoint disciplinary

committees, legal aid committees, executive committees, legal education
committees, and other necessary committees.
Section 11 allows the Bar Council to appoint a secretary, accountant, and
other staff members as necessary. The secretary and accountant must
possess the required qualifications. Having a secretary is mandatory for
the Bar Council.

Maintenance of Accounts
Under Section 12, the Bar Council of India must maintain books of
accounts and other relevant books in a prescribed format. Qualified
auditors, similar to the auditing of company accounts, must audit these
accounts.
The Bar Council of India is also responsible for sending a copy of its
accounts and the auditors’ report to the Central Government.
Furthermore, these accounts are published in the Gazette of India.

Rules Making Power

The Bar Council of India can make rules under Section 15 of the Advocate
Act. These rules can cover various aspects such as the election of Bar
Council members, the chairman and vice-chairman, dispute resolution,
filling of vacancies, powers and duties of the chairman and vice-chairman,
organisation of legal aid, meetings and conduct of the business of
committees, and management and investment of funds of the Bar
Council.

General Power and Punishment for Misconduct

Section 49 of the Advocate Act grants the Bar Council of India general
power to make rules for discharging its functions under the Act.
Additionally, Section 36 empowers the Bar Council to punish advocates
for professional or other misconduct. The Bar Council of India can
suspend advocates from practice, remove their names from the state roll,
dismiss complaints, or issue reprimands as it deems fit.

Appellate Power

Section 37 gives the Bar Council of India authority to hear appeals against
the orders of disciplinary committees. The disciplinary committee of the
Bar Council of India must hear any appeal.
Furthermore, Section 38 allows individuals aggrieved by the order passed
by the Disciplinary Committee of the Bar Council of India to file an appeal
before the Supreme Court within 60 days.
 Other Powers and Functions

Apart from the aforementioned points, the Bar Council of India has
additional powers and functions.
These include:
 providing financial assistance to State Bar Councils that require funds to
perform their functions,
 preventing citizens of specified countries from practising law in India if
those countries prevent Indian citizens from practising law there,
 reviewing the legality and propriety of proceedings conducted by State
Bar Councils or their committees,
 giving its orders except in matters handled by the disciplinary committee,
and
 providing directions to State Bar Councils or their committees to ensure
the proper and efficient discharge of their functions.

Functions of the Bar Council of India

The functions of the Bar Council of India are:

Establishment of the Bar Council of India

Parliament established the Bar Council of India under the Advocates Act
of 1961. Its main responsibilities include regulating the legal profession
and legal education in India.

Statutory Functions of the Bar Council of India

The Bar Council of India has various statutory functions outlined in
Section 7 of the Advocates Act, 1961:
1. Standards of Professional Conduct: It lays down the standards of
professional conduct and etiquette for advocates.

2. Disciplinary Procedure: It establishes the procedure to be followed by

its disciplinary committee and the disciplinary committees of each State
Bar Council.
3. Advocates’ Rights and Interests: It safeguards advocates’ rights,
privileges, and interests.

4. Law Reform: It promotes and supports law reform initiatives.

5. Handling Referred Matters: It deals with and resolves matters referred

to by State Bar Councils.

6. Legal Education: It promotes legal education and sets standards for

legal education in consultation with universities and State Bar Councils. It
also visits and inspects universities or directs State Bar Councils to do so.

7. Recognising Qualifications: It recognises universities whose law

degrees qualify for enrollment as an advocate. Foreign qualifications in
law obtained outside India may also be recognised reciprocally.

8. Seminars and Publications: It organises seminars and talks on legal

topics by eminent jurists and publishes journals and papers of legal
interest.

9. Legal Aid: It organises legal aid for the underprivileged.

10. Management of Funds: It manages and invests the funds of the Bar
Council.

11. Election of Members: It provides for the election of members who

will run the Bar Councils.

Establishment of Funds

The Bar Council of India can establish one or more funds according to
prescribed procedures. These funds may be used to organise welfare
schemes, provide legal aid or advice, and establish law libraries. The Bar
Council can receive grants, donations, gifts, or benefactions for these
purposes.

Membership in International Legal Bodies

Under Section 7(a) of the Advocate Act, 1961, the Bar Council of India
may become a member of international legal bodies like the International
Bar Association or International Legal Aid Association. It can contribute
funds and authorise participation in international legal conferences or
seminars.
Prohibition of Strikes and Boycotts
The Bar Council of India must uphold professional conduct and etiquette
for advocates. It is illegal and void for the Bar Council to pass resolutions
instructing advocates not to participate in legal aid programs or disrupt
court proceedings.
Advocates who participate in strikes or boycotts can face disciplinary
action by the concerned State Bar Council. Advocates are obligated to
ignore calls for strikes or boycotts.

Case Laws on Powers and Functions of the

Bar Council of India
Case: Raveendranath Naik v. Bar Council of India

In the case of Raveendranath Naik v. Bar Council of India, the court

declared the resolution of the Bar Council of India against participating in
legal aid programs as illegal and void.

Case: Ex-Captain Harish Uppal v. Union of India

In the case of Ex-Captain Harish Uppal v. Union of India, the court
emphasised that the Bar Council of India should not paralyse the
functioning of courts. Instead, it should focus on setting professional
standards and preventing strikes or boycotts.

Case: Bar Council of Maharashtra v. M.V Dabholkar and

others
Facts:
In this case, the respondents were lawyers practising in the criminal
courts. They were charged with professional misconduct under Section
35(1) of the Advocates Act, 1961. It was alleged that they engaged in
unethical behaviour outside the Magistrate courts.
They would try to snatch briefs from potential litigants and even get
involved in physical fights. They also promised undercut fees to litigants
to secure work for themselves.
The High Court brought this matter to the attention of the Bar Council of
Maharashtra, which considered the complaint and referred it to its
Disciplinary Committee for further investigation.
Held:
The court held that the Code of Ethics for advocates does not allow them
to advertise or engage in obnoxious practices like soliciting or scrambling.
Therefore, the respondents were found guilty of professional misconduct.
As a penalty, they were suspended from practising for three years.
Case: D. Saibaba v. Bar Council of India and another
Facts:
In this case, Smt. D Anuradha, the wife of D Saibaba, filed a complaint
under Section 35 of the Advocates Act, alleging professional misconduct.
The complaint stated that the appellant, D Saibaba, was enrolled as an
advocate but ran a telephone booth under the handicap quota, which
was against the rules.
The appellant argued that he was indeed handicapped and had started
the telephone booth before he became an advocate due to financial
constraints. He claimed that his elderly parents were running the booth.
He also contended that the complaint was malicious and filed by his
disgruntled wife, who had also lodged false criminal cases against him.
Held:
The Bar Council of India directed the appellant to surrender the
telephone booth. The Bar Council formed the opinion that regardless of
who was running the booth, it was registered under the appellant’s name
in the handicap quota, and surrendering the booth would resolve the
issue concerning his conduct as an advocate.
The appellant requested some time to collect certain dues that would be
difficult if the telephone booth was surrendered. However, as the
appellant failed to surrender the booth, the Bar Council ordered the State
Bar Council, under which the appellant was registered, to remove his
name from the rolls of advocates.
Conclusion
 The powers and functions of the Bar Council of India. As established
under the Advocates Act, 1961, its primary objective is to regulate and
represent legal practitioners in India. With the authority to lay down
standards of professional conduct, the Council ensures ethical practices
among advocates. It also safeguards their rights and interests while
promoting law reform.
Furthermore, the Bar Council of India exercises its powers in various
areas, including legal education. It sets standards and recognises law
degrees from universities, contributing to developing competent legal
professionals. Additionally, the Council organises seminars, publishes
legal journals, and supports legal aid initiatives to ensure access to justice
for all.
Moreover, the Council manages funds, maintains financial transparency,
and invests in welfare schemes, such as supporting indigent advocates
and establishing law libraries. It is responsible for taking disciplinary
action against professional misconduct and acting as an appellate
authority.

Right of Pre-Audience
Why in News?
Recently, the Madhya Pradesh High Court in the matter of Ajeet Patel and
Others v. The State of Madhya Pradesh and Others has held that the accused
cannot be granted with the right of Pre audience to determine the process or
the authority of his investigation.

What was the Background of the Ajeet Patel and

Others v. The State of Madhya Pradesh and Others
Case?
 In this case the petitioner filed a writ petition under Article 226 of the
Constitution of India (COI).
 The petitioner demanded the issuance of any suitable writ by which the police
authorities (Respondents) can be directed to conduct a fair investigation against
the petitioners, as per the statutory provisions of law in the interest of justice.

What were the Court’s Observations?

 The Madhya Pradesh High Court by referring the case of Romila Thapar v.
Union of India (2018) held that:
o The accused does not have the right to decide which authority should investigate
him as the credibility of the investigation is of great importance and it cannot be
compromised by allowing the accused to decide.
o The present petition holds no room for consideration.
o Such demand has no legal backing and if permitted would be prejudicial to the
process of investigation.
 The Madhya Pradesh High Court therefore dismissed the petition for directing
investigation.

What is Pre- Audience?

About:
 The right of pre-audience is given under Section 23 of the Advocates Act, 1961.
 It means the right of being heard before others.
 This right is generally vested with the Advocated enrolled with the Bar Council of
India and State Bar Councils.
 There is an order of priority given under Section 23 of the Advocates Act, 1961
itself as:
o Attorney General: He/she has pre-audience over all other advocates.
o Solicitor General of India
o Additional Solicitor General of India
o Second Additional Solicitor General of India
o Advocate General of any State
o Senior Advocates
o Other Advocates
 The right of pre-audience can also be adjudged as a moral right, which can be
related to the years old Indian practice of respecting elders, which is now
incorporated into legal practice through the right of pre-audience.

Landmark Judgements:
 Prabal Dogra v. Superintendent of Police, Gwalior and State of Madhya
Pradesh (2017): The Court held that accused has no say in the matter of
investigation.

 Romila Thapar v. Union of India (2018): The Supreme Court in this case held
that the accused has no right to direct the investigation by the authority and the
appointment of the investigating authority.

The Role and Functioning of the Disciplinary

Committee of the Bar Council of India
 The legal profession is one of the pillars of any democratic society,
ensuring access to justice and upholding the rule of law. Central to the
integrity of this profession is the maintenance of high ethical standards
among its members. To regulate the conduct of advocates and address
instances of professional misconduct, the Bar Council of India, the apex
regulatory body for advocates in the country, has established disciplinary
committees. This article aims to provide an in-depth understanding of the
disciplinary committee of the Bar Council of India, its composition,
powers, and functioning.

What is Disciplinary Committee of the Bar Council of India?

The Disciplinary Committee of the Bar Council of India is a body

responsible for addressing cases of professional misconduct among
advocates. Comprising three members, including two elected by the Bar
Council and one co-opted advocate, it investigates complaints, gathers
evidence, and holds hearings to determine disciplinary action.
Empowered by the Advocates Act, 1961, it has authority akin to a civil
court, including summoning witnesses and receiving evidence. The
committee ensures fair proceedings, adhering to legal principles and
procedural safeguards, and may review its own orders. Its role is vital in
upholding ethical standards within the legal profession and maintaining
public trust in the justice system.

Composition of the Disciplinary Committee of the Bar

Council of India

The disciplinary committee of the Bar Council of India is constituted in

accordance with Section 9 of the Advocates Act, 1961. This section
mandates the formation of one or more disciplinary committees, each
comprising three members. The composition of the committee is as
follows:
 Elected Members: Two members are elected by the Bar Council of India
from among its own members. These elected members play a crucial role
in ensuring that the disciplinary committee reflects the diversity and
expertise present within the Bar Council.
 Co-opted Member: The third member of the disciplinary committee is co-
opted by the Bar Council from among advocates who possess the
qualifications specified in Section 3(2) of the Advocates Act, 1961, but are
not members of the Council. This ensures representation from the wider
legal community and brings diverse perspectives to the disciplinary
process.
 Chairmanship: The senior-most advocate among the members of the
disciplinary committee serves as its Chairman. This ensures effective
leadership and impartiality in the proceedings.

Functioning and Powers of the Disciplinary Committee of

the Bar Council of India

The disciplinary committee of the Bar Council of India is vested with

extensive powers to inquire into allegations of professional misconduct
and take appropriate disciplinary action. These powers are enumerated
under Section 42 of the Advocates Act, 1961, and include the following:
 Summoning and Examination: The committee has the authority to
summon and enforce the attendance of any person and examine them on
oath. This enables thorough investigation and gathering of evidence
during disciplinary proceedings.
 Discovery and Production of Documents: The committee can require the
discovery and production of any documents relevant to the inquiry. This
ensures transparency and access to evidence necessary for a fair decision.
 Receiving Evidence on Affidavits: Evidence can be submitted to the
committee in the form of affidavits, facilitating a streamlined process of
evidence presentation.
 Requisitioning Public Records: The committee is empowered to
requisition any public record or copies thereof from any court or office.
This authority aids in accessing official records pertinent to the inquiry.
 Issuing Commissions: The committee can issue commissions for the
examination of witnesses or documents, allowing for a comprehensive
investigation into the allegations.
 Miscellaneous Powers: The committee may exercise any other powers as
may be prescribed, enabling it to adapt to the evolving needs of
disciplinary proceedings.
 Restricted Powers and Procedural Safeguards

While the disciplinary committee possesses significant powers, certain

restrictions and procedural safeguards are in place to ensure fairness and
adherence to legal principles. These include:
 Prior Approval for Certain Actions: Certain actions of the committee,
such as summoning presiding officers of courts or officers of revenue
courts, require prior approval from the respective authorities. This
safeguards against misuse of power and ensures respect for the judicial
hierarchy.
 Deemed Judicial Proceedings: Proceedings before the disciplinary
committee are deemed to be judicial proceedings, ensuring that they are
conducted with the requisite diligence and adherence to legal norms.
 Review of Orders: The committee has the power to review its own orders
under Section 44 of the Advocates Act, 1961. This allows for the
correction of any errors or miscarriage of justice that may have occurred
during the disciplinary process.
 Quorum and Decision-Making: In the event of the unavailability of the
Chairman or any member of the committee, proceedings may still
continue, provided that the final decision is deferred until the required
quorum is met. Additionally, if the committee is unable to reach a
majority decision, the matter is referred to the Chairman of the Bar
Council for resolution.

Important Case Laws

Allahabad Bank Vs. Girish Prasad Verma

In this case, Allahabad Bank filed a complaint against its advocate, Girish
Verma, alleging misappropriation of court fees paid for two suits. The
Uttar Pradesh Bar Council’s disciplinary committee found Verma guilty
and ordered his removal from the state bar council’s roll, emphasizing the
noble conduct expected from legal professionals.

V. C. Rangadurai Vs. D. Gopalan

Advocate V.C. Rangadurai concealed conflicting interests from his client,
resulting in deception. The disciplinary committee suspended Rangadurai
for six years, a decision upheld by the Supreme Court, albeit reducing the
punishment to one year due to no doubt about the advocate’s
misconduct.

Rajendra Pai Vs. Alex Fernandes

Advocate Alex Fernandes, involved in a land acquisition case, was found

guilty of withdrawing compensation funds under false pretences. The
disciplinary committee initially ordered his permanent removal from the
bar council rolls, later modified by the Supreme Court to a seven-year
suspension, citing disproportionality of punishment.
Joginder Singh vs Bar Council of India

Joginder Singh, convicted under IPC Section 473, concealed criminal

proceedings while transferring his bar council membership. The
disciplinary committee barred him from practising and removed his name
from the roll, a decision upheld by the Delhi High Court for being in line
with the evidence and circumstances.

John D’Souza vs Edward Ani 1994 AIR 975

Advocate John D’Souza withheld a client’s will despite requests, leading
to its loss upon the client’s death. The Bar Council of India suspended
D’Souza for a year, a decision upheld by the Supreme Court due to his
failure to return the will entrusted to him, affirming the duty of advocates
to uphold client trust.

Conclusion

The disciplinary committee of the Bar Council of India plays a crucial role
in upholding the integrity and ethical standards of the legal profession. By
conducting fair and impartial inquiries into allegations of professional
misconduct, the committee ensures accountability among advocates and
maintains public trust in the legal system.
Through its composition, powers, and procedural safeguards, the
disciplinary committee seeks to strike a balance between effective
regulation and the protection of advocates’ rights. As a cornerstone of
legal regulation, the disciplinary committee embodies the commitment of
the legal profession to uphold justice, integrity, and ethical conduct.

Seven Lamps of Advocacy

According to former Chief Justice of India S H Kapadia, to succeed as a
lawyer, one must work like a horse and live like a hermit. A great legal
practitioner is said to be a Jack of all trades, a master of none.
These qualities, along with legal ethics rooted in the Seven Lamps of
Advocacy book authored by Justice Abbott Parry, including honesty,
courage, wit, proficiency, competency, bravery, articulacy and rationality,
are essential skills for every legal professional.

Honesty

Lawyers are often labelled as liars, but honesty is a crucial quality for a
legal professional. They have a fiduciary duty to act in their client’s best
interests and this honesty should reflect in every aspect of their work.
Honesty and straightforwardness entail not relying on deceit, dishonesty,
cheating or any other unethical or criminal behaviour. Professional
misconduct can harm their growth, so lawyers should be pioneers of
justice, providing proper legal guidance to their clients.

Courage

The nexus between courage and honesty is irrefutable. Refined legal

knowledge, skills and truthfulness enhance the ability to remain fearless
under pressure and pain. Courage is a defined quality of great lawyers
attributable to eloquent speech, persuasive writing and critical thinking.
They combine extraordinary work ethics with compassion and this quality
is necessary to be an expert in the field. Lawyers should not back down
from dissenting actions out of fear or danger and should uphold their
clients in front of the bench.
Wit

Wit denotes the capacity to think clearly and express thoughts concisely
and cleverly. Wit is one of the seven lamps of advocacy. It is the keen
perception of connections between ideas that awaken amusement and
pleasure. Wit lightens the darkness of advocacy and it is an essential
quality for advocates to possess.
Quick-wittedness is crucial in court as a planned and prepared speech will
not help an advocate. It is pertinent to note that law is often compared to
a spider web because it entangles and holds the poor and weak, while the
rich and powerful break through them easily. An advocate must possess
sufficient wit to bridge this gap.

Industry

Industry recommends that advocates excel at all the required skill sets to
sustain or succeed in the field of law. Law is not static but dynamic,
evolving with the needs of society and adapting to the changing status
quo.
Pursuant to this, an advocate should update themselves in compliance
with the adage “There is no alternative to hard work.” Law is like a
language that develops with the life of people and as such, it grows and
strengthens with the people. Thus, if the law gets amended in compliance
with societal needs, lawyers should also be acquainted with the latest
law.

Eloquence

Eloquence is the art of speaking and plays a pivotal role in assessing the
abilities of an advocate and determining their career success rate. An
eloquent speech holds a long-lasting effect on the bench, clients and
listeners. Eloquence is one of the seven lamps of advocacy.
Eloquence is not about delivering grandiloquent speeches that sound
better than reality, but rather error-free fluent communication that has a
persuasive effect. Fluency of speech can be developed through acquired
knowledge and constant practice. To bring off this skill, one must notice
other parties’ faults, have a presence of mind and be efficient in
argumentation with justification.

Legal Judgement

The most important quality that an advocate should possess is a legal

judgement. This skill involves the ability to analyse and evaluate the
strengths and weaknesses of a case, anticipate potential
counterarguments and identify the turning points of the case.
The legal judgement also entails the responsibility of informing clients of
the true legal status of their case and making the best decisions based on
all possible contingencies.

Professional Fellowship

While advocates may represent opposing sides in a legal dispute, they

should not allow their professional differences to hinder their ability to
maintain a cordial and respectful relationship.
As a result, bar associations require advocates to obtain membership to
encourage professional fellowship and facilitate positive relationships
among legal professionals.
Hence, professional fellowship is also one of the seven lamps of advocacy.

Conclusion
The Seven Lamps of Advocacy is a set of essential qualities that every
legal person needs to be a master of. These seven lamps are honesty,
courage, wit, industry, eloquence, legal judgement and fellowship.