Advocate’s Act, 1961

Introduction

The Advocates Act, 1961 is a pivotal legislation that governs the activities of advocates and legal professionals in India. Enacted to regulate the legal profession and ensure ethical conduct, this Act outlines the process of enrollment and eligibility criteria for advocates to practice law.

From the establishment and functions of the Bar Council of India to the disciplinary actions against advocates for professional misconduct, the Advocates Act, 1961 encompasses a wide array of provisions to uphold the standards of legal practice in the country.

This article provides an insightful overview of the Advocates Act, shedding light on its significance in shaping the legal landscape of India. By delving into the intricate details of this legislation, readers can gain a comprehensive understanding of the rights, responsibilities, and regulations that govern the legal fraternity under this Act.

Objectives of Advocate’s Act 1961

The Advocates Act, 1961, was enacted with several key objectives in mind to regulate and govern the legal profession in India effectively. Some of the primary objectives of the Advocate’s Act, 1961, include:

Regulation of Legal Profession: The Act aims to regulate the legal profession by laying down rules and standards for advocates to ensure ethical conduct and professionalism in their practice.

Qualification and Enrollment: It establishes the criteria and procedures for the enrollment of advocates, ensuring that only qualified individuals are allowed to practice law.

Constitution of Bar Councils: The Act provides for the establishment of Bar Councils at both the national and state levels to oversee the legal profession, maintain professional standards, and promote legal education.

Disciplinary Control: The Act outlines mechanisms for the disciplinary control of advocates, including provisions for investigating and taking action against advocates found guilty of professional misconduct.

Advocates’ Rights: It recognizes and upholds the rights of advocates to practice law after enrollment, protecting their professional interests and ensuring due process in legal proceedings.

Centralized Regulation: By establishing the Bar Council of India as the apex regulatory body, the Act centralizes the regulation of the legal profession, ensuring uniform standards and practices across the country.

Professional Development: The Act aims to promote the professional development of advocates by setting standards for legal education, training, and continuing professional development.

Protecting Client Interests: It includes provisions to safeguard the interests of clients by ensuring that advocates adhere to professional ethics, maintain confidentiality, and act in the best interests of their clients.

Promoting Accountability: The Act promotes accountability among advocates by setting clear guidelines for their conduct, imposing penalties for professional misconduct, and ensuring transparency in legal practice.

Ensuring Access to Justice: By regulating the legal profession and maintaining high standards of advocacy, the Act ultimately aims to enhance access to justice for all individuals and uphold the rule of law in the country.

Important provisions of Advocate’s Act, 1961

Composition of the State Bar councils

The Advocate’s Act of 1961, a pivotal legislation in India governing the legal profession, encompasses provisions that outline the establishment and functioning of State Bar Councils. Here is a breakdown and explanation of the points mentioned in the excerpt:

State Bar Councils

Establishment: The Act mandates the formation of State Bar Councils, which serve as regulatory bodies overseeing legal practice within specific states and union territories in India. Each State Bar Council is tasked with upholding professional standards, regulating legal activities, and ensuring ethical conduct among advocates practicing within its jurisdiction.
Composition: Ex Officio Members: State Bar Councils include ex officio members, such as the Additional Solicitor-General of India and Advocate-Generals of the respective states. These individuals hold positions by virtue of their official roles
Membership Structure:
- Electorate Not Exceeding 5,000: If the electorate of a State Bar Council is below 5,000 advocates, the Council will consist of fifteen members.
- Electorate Exceeding 5,000 but not Exceeding 10,000: For a Council with an electorate between 5,000 and 10,000 advocates, twenty members will be part of the Council.
- Electorate Exceeding 10,000: If the electorate surpasses 10,000 advocates, the Council will comprise twenty-five members.
Election Mechanism: Members of these State Bar Councils are elected through a system of proportional representation using the single transferable vote method.
Proportional Representation: This method ensures that the composition of the Council accurately reflects the distribution of votes among the advocates.
Single Transferable Vote: Advocates rank candidates in order of preference, and votes are transferred from less popular candidates to more favored ones until all positions are filled, ensuring fair representation.
Qualifications for Elected Members: The provision mandates that nearly half of the elected members, subject to any rules set by the Bar Council of India, should have been advocates on a state roll for at least ten years.
Appointment of Chairman and Vice-Chairman: Chairman and Vice-Chairman Elections: Each State Bar Council is required to elect a Chairman and a Vice-Chairman in a manner specified by the Act or as prescribed by related regulations

Term of office of the members of councils

According to Section 8 of the Act, the tenure of office of members of every State Bar Council will be five years from the date when the results of elections have been published. Every State Bar Council is under an obligation to conduct elections before the expiry of the above-mentioned term and if it fails to do so, the period can be extended to six months. Section 5 further provides that every bar council is a corporate body having perpetual succession and a common seal, along with the power to acquire and hold movable and immovable property and to sue and be sued in its own name.

Functions of State Bar Councils

The section 6 elucidates the functions and responsibilities of State Bar Councils as outlined in the Advocates Act. Here’s an explanation of the key points mentioned

Admission and Maintenance of Advocates:

Admission: State Bar Councils have the authority to admit individuals as advocates onto their rolls after assessing their qualifications and suitability.
Maintenance: They are responsible for creating and keeping up-to-date the roll of advocates practicing in their respective territories.

Disciplinary Oversight:

Misconduct Cases: State Bar Councils are tasked with investigating and adjudicating cases of misconduct involving advocates on their rolls, ensuring professional ethics and standards are upheld.

Advocates’ Rights and Interests:

Safeguarding: They protect the rights, privileges, and overall interests of advocates on their roll, advocating for fair treatment and due process.

Promoting Legal Welfare:

Bar Association Growth: State Bar Councils work towards fostering the growth of Bar Associations to effectively implement welfare schemes aimed at benefiting advocates.
Legal Aid: They organize legal aid for underprivileged individuals in accordance with prescribed guidelines, ensuring access to justice for all.

Law Reform and Education:

Law Reform: State Bar Councils promotes, and support initiatives aimed at law reform, advocating for changes that enhance the legal system’s efficiency and fairness.
Legal Education: They conduct seminars, talks by legal experts, and publish legal journals and papers to enhance legal knowledge and discourse.

Financial Management:

Fund Management: State Bar Councils manage and invest funds generated by the Council for various purposes outlined in the Act, ensuring financial sustainability for their activities.

Other Functions:

Election Procedures: They oversee the election of their members and ensure the process is conducted fairly.
Compliance and Miscellaneous: State Bar Councils are entrusted with fulfilling all functions assigned to them by the Advocates Act and taking any necessary actions to carry out their duties effectively.

Special Funds:

Establishment: State Bar Councils can create specific funds to support welfare schemes for advocates in need, provide legal aid, and establish law libraries.
Grants and Donations: They are permitted to receive grants, donations, gifts, or benefactions for the purposes specified in the Act, which will be allocated to the relevant fund created for those specific purposes.

Composition of the Bar councils of India

Establishment of Bar Council of India:

The Bar Council of India is mandated to oversee legal education and the legal profession within the territories governed by the Advocates Act.
The Council is composed of specific members including the Attorney-General of India, the Solicitor-General of India, and members elected by State Bar Councils.

Membership Composition:

Ex Officio Members: The Attorney-General of India and the Solicitor-General of India serve on the Bar Council of India by virtue of their positions.
Members from State Bar Councils: Each State Bar Council elects one member from among its own members to represent it on the Bar Council of India.
Eligibility Criteria: Qualifications Requirement: Individuals seeking election as members of the Bar Council of India must meet the qualifications specified in the proviso to that elected members, subject to any rules set by the Bar Council of India, should have been advocates on a state roll for at least ten years
Chairman and Vice-Chairman:
- Election Process: The Chairman and Vice-Chairman of the Bar Council of India are elected by the Council in a manner prescribed by relevant regulations.
Term of office: The term of office of members of the BCI is as follows:
- If a member belongs to the State Bar Council and holds office as an ex-officio member, the tenure will be two years from the date of his election or until he ceases to be a member of the State Bar Council.
- For any other member, tenure is the period until he holds office as a member of the State Bar Council.
- All the members are supposed to hold office until their successor is elected.

Disqualification of members of the council:

According to Section 10B of the Act, an elected member will be disqualified on the following grounds:

Absence from the three consecutive meetings of the council without excuse.
The name is removed from the roll of advocates.
Disqualified under the rules made by the BCI.

Functions of the Bar Council of India

The section 7 outlines the functions and responsibilities of the Bar Council of India as prescribed in the Advocates Act. Here is an explanation of the key points mentioned

Setting Professional Standards:

Professional Conduct: The Bar Council of India establishes standards of professional conduct and etiquette that advocates must adhere to, ensuring ethical practices within the legal profession.

Disciplinary Procedures:

Procedure Standardization: It lays down the procedure for its own disciplinary committee and those of State Bar Councils, ensuring consistency and fairness in handling disciplinary matters related to advocates.

Advocates’ Rights and Interests:

Safeguarding: The Bar Council safeguards the rights, privileges, and overall interests of advocates, advocating for their fair treatment and protection.

Law Reform and Oversight:

Law Promotion: It promotes and supports initiatives for law reform, aiming to enhance the legal system’s effectiveness and fairness.
Matter Resolution: The Bar Council addresses and resolves any matters arising under the Advocates Act that State Bar Councils refer to it.

Supervision of State Bar Councils:

Supervisory Role: The Bar Council exercises general supervision and control over State Bar Councils, ensuring compliance with established standards and regulations.

Legal Education:

Promotion: It promotes legal education and collaborates with universities and State Bar Councils to set standards for legal education in India.
University Recognition: The Bar Council recognizes universities offering law degrees that qualify individuals for enrollment as advocates.

Other Functions:

Seminar and Publication: The Bar Council conducts seminars, organizes talks by legal experts, and publishes journals and papers of legal interest.
Legal Aid: It organizes legal aid for the underprivileged in accordance with prescribed guidelines.
Foreign Qualification Recognition: Recognizing foreign law qualifications on a reciprocal basis for admission as an advocate under the Act.

Financial Management:

Fund Management: The Bar Council manages and invests funds for various purposes outlined in the Act, ensuring financial sustainability for its activities.

Election Procedures:

Member Election: It provides for the election of its members, ensuring a democratic process for selecting representatives.

Compliance and Miscellaneous:

Function Fulfillment: The Bar Council performs all other functions conferred upon it by the Advocates Act and takes necessary actions for discharging its responsibilities effectively.

Powers of the Bar Council of India under the Act

The section 15 delineates the power vested in Bar Councils to formulate rules necessary for the effective implementation of the provisions outlined in the Advocates Act. Here is a breakdown of the key points mentioned

Rule-Making Authority:

General Authority: Bar Councils are empowered to create rules essential for the execution of the regulations stipulated in this chapter of the Advocates Act.

Specific Provisions:

Election Procedures: Rules may be established for the election of Bar Council members through secret ballot, including conditions for voting by postal ballot, preparation and revision of electoral rolls, and publication of election results.
Chairman and Vice-Chairman Election: Rules can govern the manner of election of the Chairman and Vice-Chairman of the Bar Council.
Dispute Resolution: Procedures for resolving doubts and disputes regarding the validity of Bar Council elections or the election of the Chairman or Vice-Chairman.
Casual Vacancies: Guidelines for filling casual vacancies within the Bar Council.
Powers and Duties: Specification of the powers and responsibilities of the Chairman and Vice-Chairman of the Bar Council.
Financial Assistance: Establishment of one or more funds by a Bar Council for providing financial assistance, legal aid, or advice as specified in the Act.
Legal Aid: Organize legal aid and advice for the poor and constitution of various committees in this regard.
Meeting Conduct: Rules governing the summoning, conduct, and quorum requirements for Bar Council meetings.
Committee Structure: Guidelines for the constitution, functions, and term of office of Bar Council committees.
Secretary and Staff: Rules pertaining to the qualifications and service conditions of the secretary, accountant, and other staff members.
Financial Management: Regulations concerning the maintenance of accounts, appointment of auditors, and audit procedures for Bar Council funds.
Fund Management: Guidelines for the management and investment of Bar Council funds.

Approval Requirement:

Central Approval: Rules formulated by a State Bar Council are only enforceable after receiving approval from the Bar Council of India, ensuring consistency and compliance with overarching regulations.

Constitution of committees

The Act also provides for the constitution of various committees in order to perform specific functions and fulfil the purpose.

Special committee:

A special committee is to be constituted by the bar council according to Section 8A of the Act if the State Bar Council fails to conduct elections of its members before the expiry of its term. The committee will consist of:

Ex officio member of the State Bar Council. If there is more than one such member, the senior member will be part of the committee and be the chairman.
Two members were nominated by the bar council.

All the properties and assets of the State Bar Council will vest with the committee upon its constitution, along with all the rights, liabilities and obligations. Any disciplinary matter or proceeding will be transferred to the committee. The special committee is supposed to conduct elections within 6 months, but where it cannot do so, the Bar Council of India can extend the time period for reasons stated in writing.

Disciplinary Committees:

Composition: Each Bar Council is mandated to form one or more disciplinary committees. These committees comprise three individuals: two members elected by the Council from among its members and one advocate co-opted by the Council, meeting specified qualifications but not being a Council member. The senior-most advocate on the committee serves as its Chairman.

Legal Aid Committees:

Establishment: Bar Councils have the authority to create one or more legal aid committees, with the committee’s membership ranging from five to nine individuals as prescribed.
Membership Guidelines: The qualifications, selection process, and tenure of members of a legal aid committee are determined according to prescribed regulations.

Standing Committees:

a) State Bar Council:

Executive Committee: Comprising five members elected from the Council’s ranks.
Enrolment Committee: Consisting of three members elected from the Council’s members.

b) Bar Council of India:

Executive Committee: Comprising nine members elected from the Council’s members.
Legal Education Committee: Made up of ten members, with five elected from the Council’s members and five co-opted individuals who are not Council members.

Additional Committees:

Establishment: State Bar Councils and the Bar Council of India have the discretion to constitute other necessary committees from among their members to facilitate the implementation of the Advocates Act.

Classes of advocates

According to Section 16 of the Act, there are two classes of advocates:

Senior advocates
Other advocates

An advocate can be designated as a senior advisor only if the Supreme Court or a High Court opines the same on the basis of his ability, standing at the bar and experience. However, the senior advocates will have to obey certain restrictions to be imposed by the council. The section also provides that any senior advocate can make an application to remove his name as a senior advocate to the bar council.

Roll of advocates

Section 17 provides that the State Bar Council have to maintain a roll of advocates consisting of names and addresses of:

People who have been entered as advocates on the roll of any High Court under the Indian Bar Councils Act, 1926.
Persons admitted as advocates on the roll of the State Bar Council under the Act.

Each roll will consist of two parts:

Part 1 will deal with the names of senior advocates.
Part 2 will provide the names of other advocates.

The entries must be in the order of seniority to be decided according to the date of enrolment. The seniority of an advocate will be determined as follows:

The seniority of an advocate registered and enrolled under the India Bar Councils Act will be determined on the basis of his date of enrolment.
The seniority of any senior advocate before the appointed day will be determined by the principles laid down by the bar council for the first state roll, while the seniority of the advocate after the appointed day will be determined on the basis of his date of enrollment.
Section 21 further provides that in case of a dispute regarding seniority, the same will be decided according to age and can be referred to the State Bar Council.

Certificate of enrolment:

According to Section 22, a certificate of enrolment will be issued by the State Bar Council to every person whose name has been entered into the roll of advocates. Any change in the place of permanent residence must be notified to the State Bar Council within 90 days.

Right to pre-audience:

Advocates have the right not to be interrupted before their statement is completed. This provision is employed as an advocate’s privilege as well as a right to pre-audience rule. The right to be heard comes first and foremost. The person in the top position in the hierarchy is given the right to advocate by the law.

According to Section 23 of the Act, the following advocates will have pre-audience over the others:

Attorney General
Solicitor General
Additional Solicitor General
The Second Additional Solicitor General
Advocate General of the State
Senior advocates

In accordance with this rule, an advocate is also permitted to speak in front of the courtroom audience and to represent his client in front of a judge. It must be noted that the right of pre-audience among advocate-generals of different states will be determined on the basis of their seniority. Similarly, the right of pre-audience among all senior advocates will be determined in accordance with their seniority

Qualification and disqualifications for admission on a state roll

According to Section 24, in order to qualify for admission as an advocate on the state roll, a person must be

Citizenship: The individual must be a citizen of India. However, a national of another country may be admitted if Indian citizens are allowed to practice law in that country.

Age: The individual must be at least 21 years old.

Education: The individual must have obtained a degree in law from a recognized university

He has obtained a degree in law after the 12th of March 1967, after undergoing a three-year course of study in law from any University in India which is recognized for the purposes of the Advocates Act by the Bar Council of India
In some cases, a lawyer who has obtained a degree from any University outside the territory of India, if the degree is recognized for the purpose of this Act by the Bar Council of India, he may be admitted,
A person who has been an advocate, a vakil, a mukhtar, or a pleader for 3 years, or was entitled to be enrolled under any law as an advocate of a high court,
A person was entitled as an advocate to practice law at any time before 1st December, 1961.

A person will be disqualified from admission as an advocate if:

He is convicted of any offence involving moral turpitude.
He is convicted under the Untouchability (Offences) Act, 1955 (renamed as Protection of Civil Rights Act, 1955).
He is dismissed or removed from employment or office under the state on the charge of moral turpitude.

Rights of advocates to practise under the Act

From the perspective of the legal profession, the term ‘right to practise’ refers to an exclusive right of the advocates to represent their clients in court and before tribunals in the country. There are two levels of protection for the right to practise, and they are as follows:

Protection in General: Article 19(1)(g) of the Indian Constitution safeguards the right of every person to engage in the practice of their choice.

Specific Protection: According to Section 30 of the Advocates Act, 1961, an advocate who is registered with a State Bar Council is entitled to practice law before any court or body in India, including the Supreme Court.

Thus, the Act recognizes the right of advocates of practice law in the country. If an advocate is speaking during practice, no one may interrupt them unless they violate the rules and regulations set by the court.

Provisions for the conduct of advocates

Chapter V of the Act deals with the conduct of advocates and provides provisions for punishment in case of misconduct, procedures to be followed by the disciplinary committee, etc.

Punishment of misconduct: According to Section 35(3) of the Act, a disciplinary committee can make the following orders against an advocate guilty of misconduct after giving the concerned advocate and the Advocate-General an opportunity to be heard:

Dismiss the complaint against the advocate or direct to file the proceedings where they were initiated by the State Bar Council.
Reprimand the advocate.
Suspension of advocate from practice for a specific period.
Remove the name of the advocate from the state roll.

Procedure to be followed in case of misconduct

Section 35 also provides the procedure to be followed in case a complaint of misconduct is made against an advocate:

Complaints of Misconduct: When the State Bar Council receives a complaint or otherwise has reason to believe that an advocate on its roll has engaged in professional or other misconduct, it must refer the case to its disciplinary committee for further action.
Withdrawal of Proceedings: The State Bar Council has the authority to withdraw a proceeding from its own disciplinary committee and direct the inquiry to be conducted by another disciplinary committee within the same State Bar Council.
Hearing Process: The disciplinary committee of a State Bar Council is required to set a date for the hearing of the case and provide notice to the advocate in question and the Advocate-General of the State.

Powers of the disciplinary committee

Section 42 provides that the disciplinary court will have the same powers as the civil court in the following matters:

The disciplinary committee of a Bar Council is granted powers similar to those of a civil court under the Code of Civil Procedure, 1908, in the following matters:
Summoning and Examining Witnesses: The committee can summon individuals, enforce their attendance, and examine them under oath.
Discovery and Production of Documents: It can require the discovery and production of any necessary documents.
Receiving Evidence on Affidavits: The committee can receive evidence on affidavits.
Accessing Public Records: It can requisition public records or copies from courts or offices.
Issuing Commissions: The committee can issue commissions for the examination of witnesses or documents.
Other Matters: The committee may also have powers in other matters as prescribed.

The committee cannot compel the attendance of certain officials without specific permissions.

Legal Status of Proceedings:

All proceedings before a disciplinary committee are considered judicial proceedings under certain sections of the Indian Penal Code.
The committee is deemed a civil court for specific purposes under the Code of Criminal Procedure.

Enforcement of Powers:

The disciplinary committee can seek assistance from civil courts in serving summons, issuing commissions, or enforcing processes related to witnesses or documents.

Continuation of Proceedings:

The disciplinary committee can proceed with hearings even in the absence of the Chairman or any member, subject to certain conditions.
Final orders of certain nature cannot be made unless the Chairman and other members are present.

Resolution of Cases:

If the disciplinary committee cannot reach a majority opinion on final orders, the case and the opinions are to be presented to the Chairman or Vice-Chairman of the Bar Council for a decision.
The final order of the disciplinary committee will align with the opinion of the Chairman or Vice-Chairman after due consideration.

Review of orders

Section 44 provides that the disciplinary committee of the bar council has the power to review its own orders. This can be done either on its own motion or upon receipt of the application within 60 days from the date when the order was passed. However, this power can only be exercised once it is approved by the BCI.

Appeal to Bar Council of India

Section 37 provides that any person aggrieved by the order or decision of the disciplinary committee of the State Bar Council can make an appeal to the BCI. The appeal has to be made within 60 days from the date when the order was communicated to the aggrieved party.

Appeal to Supreme Court

An appeal to the Supreme Court can be made under Section 38 of the Act against the order of BCI within 60 days from the date when the order was communicated.

Power of Revision (Section 48A)

The Bar Council of India has the authority to review any proceeding under the Advocates Act that has been concluded by a State Bar Council or its committee and for which no appeal is available.
The purpose of this review is to ensure the legality and propriety of the decision made by the State Bar Council or its committee.
The Bar Council of India can issue appropriate orders based on its review findings.
Before passing any order that may adversely affect an individual, the Bar Council of India must provide that person with a reasonable opportunity to present their side or be heard.

Review Process (Section 48AA)

The Bar Council of India or any of its committees, excluding the disciplinary committee, can review any order made under the Advocates Act within sixty days from the date of the original order.
This provision allows for the reconsideration of decisions made by the Bar Council of India or its committees within a specified timeframe.

Power to Give Directions (Section 48B)

The Bar Council of India, in its role of general supervision and control, can issue directions to a State Bar Council or any of its committees to ensure the proper and efficient discharge of their functions.
These directions are meant to guide the State Bar Council or its committee in fulfilling their responsibilities effectively.
In cases where a State Bar Council is unable to perform its functions for any reason, the Bar Council of India can provide directions to the ex officio member of the State Bar Council to ensure the necessary actions are taken.
The directions issued by the Bar Council of India take precedence over any rules established by the State Bar Council, ensuring effective oversight and management of legal professional matters.

General Power of Bar Council of India to make rules

According to section 49 Bar Council of India can make rules to discharge its functions. These rules may prescribe certain conditions like:

Conditions subject to which an advocate may be entitled to vote at an election to the State Bar Council including the qualifications or disqualifications of voters, and the manner in which an electoral roll of voters may be prepared and revised by a State Bar Council
qualifications for membership of a Bar Council and the disqualifications for such membership,
time within which and the manner in which effect may be given to the proviso to sub-section (2) of section 3,
manner in which the name of any advocate may be prevented from being entered in more than one State roll,
manner in which the seniority among advocates may be determined
minimum qualifications required for admission to a course of degree in law in any recognized University,
class or category of persons entitled to be enrolled as advocates,
conditions subject to which an advocate shall have the right to practice and the circumstances under which a person shall be deemed to practice as an advocate in a court
form in which an application shall be made for the transfer of the name of an advocate from one State roll to another,
standards of professional conduct and etiquette to be observed by advocates,
standards of legal education to be observed by Universities in India and the inspection of Universities for that purpose
foreign qualifications in law obtained by persons other than citizens of India which shall be recognized for the purpose of admission as an advocate under this Act,
procedure to be followed by the disciplinary committee of a State Bar Council and by its own disciplinary committee,
restrictions in the matter of practice to which senior advocates shall be subject
form of dresses or robes to be worn by advocates, having regard to the climatic conditions, appearing before any court or tribunal,
the fees which may be levied in respect of any matter under this Act,
general principles for guidance of State Bar Councils and the manner in which directions issued or orders made by the Bar Council of India may be enforced,
any other matter which may be prescribed.

Powers of Central Government

According to Section 49A of the Act, the central government can make rules regarding:

Qualifications and disqualifications of members of the bar council.
Supervision and control of BCI over the State Bar Councils.
The manner in which the BCI can give directions to the State Bar Council.
People entitled to be enrolled as advocates.
Manner to decide the seniority among the advocates.
Procedure to be followed by the disciplinary committee of the bar council, etc.

Duties of an advocate

An advocate must perform the following duties:

a) Duties towards a client:

To take briefs from clients.
Not to withdraw from the case or refuse to provide services.
Make full and frank disclosures to the client regarding the case.
Always uphold the interest of the client and not act in a manner that is detrimental to his interest.
Not to suppress any material or evidence from the client. Proceedings must be conducted in such a manner that an innocent person is not convicted.
Not to disclose any communications done with the client.
Not to charge fees on the basis of the success of the matter with the client.
Not to receive any interest in actionable claims.
Not to transfer, purchase or bid for a property arising in a legal matter.
Not to adjust the fees against any personal liability.
Fees must be adjusted after the proceedings are terminated.
Not to give loans or lend money to clients.
To charge a fee that is comparable to that of other attorneys and advocates.
Not to take cases where he himself is a party or witness.
To represent the client before court and withdraw the same at the request of the client.
To provide the client with the best advice possible.
Not to represent the opponent or where he rendered advice to the opponent.
To maintain a record of fees, accounts and other funds provided by the client and to furnish the same to the client when asked.
To maintain confidentiality and not make disclosures about the case to any person.

b) Duty towards the court

To respect the court and the judges.
To act in a dignified manner.
Not to indulge in any private communication with the presiding officer or judicial officer regarding a case.
To refrain from illegal practices.
Refuse to act in an illegal manner against the opposition.
Not to take the case where the client insists on using unfair means.
Not to represent those establishments and institutions of which he is a member.
Not to appear in cases where the advocate has any pecuniary interest.
Not to ask for favours from the presiding officer.
To wear proper dress in court. The band must not be worn in public or in places not prescribed by the court.
Not to appear before relatives in court, like the wife of the advocate, is the presiding officer or judge.
Conduct himself in a professional manner.
Not to appear in cases where he himself is a party or witness to it.
Not to promote illegal transactions and practices.
Not to act as surety for the clients.
Duty towards fellow advocates and opponents

c) An advocate has the following duties towards his fellow advocates:

Not to promote, advertise or solicit work through any advertisement, touts, circulars, etc.
Not to have a big signboard or nameplate. The size of sign boards must be reasonable, and they must not indicate his relationship with a particular organization or person, that he is the president of a bar association, a judge, an advocate general or his specialization in any particular work.
An advocate must refrain from promoting an unauthorized practice of law or the use of unfair means in a case.
Not to accept less fees than those charged by fellow advocates.
Take the consent of fellow advocates to appear in their matter.
An advocate must perform the following duties towards his opponent in a case:
He must not communicate or negotiate with the opposite party if they are represented by an advocate. This must be done through their representing advocate.
He must fulfil all the legitimate promises that he made to the opposite, despite the fact that the promises were not made in writing.

Case Laws on Advocate’s Act 1961

Mahipal Singh Rana vs State of U.P.

Facts of the Case:

The Bar Council of India highlighted that Section 24A of the Advocates Act, 1961 prohibits the admission of a person as an advocate if they have been convicted of an offense involving moral turpitude, with a provision for lifting the bar after two years of release. However, this provision does not explicitly address the removal of an advocate from the roll in cases where the conviction occurs after enrollment. The only relevant provision for taking action in such cases is Section 35 for proved misconduct. Despite a High Court directive to the Bar Council of Uttar Pradesh to initiate proceedings for professional misconduct, the subsequent actions taken by the Bar Council of Uttar Pradesh were not disclosed.

It was emphasized that the term “moral turpitude” should be understood in the context of the legal profession’s high standards of integrity. Even a minor offense could be considered an offense involving moral turpitude for an advocate, given their expected awareness of legal norms and the elevated conduct expected from them as legal professionals. The submission further emphasized that only the State Bar Council or Bar Council of India have the authority to penalize an advocate for professional misconduct as per Section 35 of the Advocates Act, 1961, citing precedent established in the case of Supreme Court Bar Association vs. Union of India.

Issue Involved:

The key issue in the case revolved around the interpretation and application of provisions related to moral turpitude, professional misconduct, and the authority of State Bar Councils and the Bar Council of India to address cases of misconduct by advocates.

Judgment:

The conviction of the appellant is deemed justified and upheld.
The sentence of imprisonment for the appellant is set aside due to his advanced age. However, the sentence of fine and the default sentence are upheld.
The direction that the appellant shall not be permitted to appear in courts in District Etah until he purges himself of contempt is also upheld.
Under Section 24A of the Advocates Act, the enrollment of the appellant will be suspended for two years from the date of this order.
As a disciplinary measure for proved misconduct, the license of the appellant will remain suspended for an additional five years.

Pratap Chandra Mehta vs. State Bar Council of M.P & Ors (2011)

Facts of the Case:

The State Bar Council of Madhya Pradesh enacted regulations beyond its authority as outlined in Section 15 of the Advocates Act, 1961. Rules 121 and 122A of the State Bar Council of MP Rules were amended with the approval of the Bar Council of India. Allegations were made that these regulations exceeded the council’s powers and were ultra vires.

Issue Involved:

Whether Rules 121 and 122A of the MP Rules, approved by the Bar Council of India, are ultra vires to Section 15 of the Advocates Act, 1961.

Judgment:

The court ruled that Rules 121 and 122A of the MP Rules are valid as they received approval from the Bar Council of India. It was concluded that the State Bar Council did not exceed its authority under Section 15 of the Act. The rules were deemed unambiguous and correct since they were enacted post-approval by the BCI

K. Anjinappa vs. K.C. Krishna Reddy (2021)

Facts of the Case:

A complaint of professional misconduct was lodged against an advocate with the State Bar Council of Andhra Pradesh. The matter was referred to the disciplinary committee of the Bar Council of India, which dismissed the complaint as not maintainable. There was a significant delay in deciding the complaint, prompting the complainant to appeal to the Supreme Court under Section 35 of the Advocates Act.

Issues Involved:

The validity of the appeal under Section 35 of the Advocates Act against the advocate.
Whether the advocate is guilty of misconduct.

Judgment:

The Supreme Court noted that despite existing guidelines for expeditious disposal of complaints, State Bar Councils and the BCI often show reluctance in doing so. The Court directed that complaints must be decided and resolved promptly within a year, with delays beyond that permissible only under exceptional circumstances. Key directions issued included:

Upholding professional conduct standards and preventing misuse of the practice monopoly.
State Bar Councils to act as custodians of professional practices.
Responsibilities of State Bar Councils and the BCI in handling misconduct cases.
Empaneling experienced advocates or retired judicial officers by the BCI for efficient complaint resolution.

Ex. Capt. Harish Uppal vs. Union of India (2002)

Facts of the Case:

The petitioner, an ex-Army officer, faced legal issues stemming from charges of theft dating back to his assignment in Bangladesh in 1972. Following a two-year imprisonment in an Indian military court, he sought a case review through a civil court pre-affirmation application. Due to an 11-year delay, during which the statute of limitations expired, the judge responded finding documents missing following a violent lawyer strike. The petitioner filed a special plea to denounce lawyers’ strikes as unlawful.

Issue Involved:

The central question revolved around whether lawyers possess the right to strike.

Judgment:

The Supreme Court of India ruled that lawyers do not have the authority to call for a court boycott or engage in strikes, especially not in a purely symbolic manner. However, lawyers retain the option to peacefully protest outside the court premises by issuing press statements, participating in TV interviews, following court regulations, displaying additional notices, wearing specific armbands, conducting peaceful sit-ins (dharnas), among other non-disruptive means of expression. This judgment delineated the boundaries within which lawyers could express dissent while upholding the sanctity and functioning of the judicial system.

Conclusion

In conclusion, the legal profession, particularly advocacy, stands as a pillar of justice and a vital component of the judicial system. Advocates are entrusted with the responsibility of upholding the rule of law, ensuring fair representation, and maintaining the integrity of the legal fraternity. While advocacy is not meant to be a money-making venture but a service to the public, it is crucial that advocates adhere to strict regulations outlined in the Advocates Act and the rules set by the Bar Council of India.

Instances of misconduct within the legal community undermine public trust in the justice delivery system. To restore faith in the legal system, it is imperative for the legislature to enforce stringent penalties for malpractice and misconduct. By continuously updating and refining existing legislation, the legal framework can evolve to address contemporary challenges and uphold the principles of justice, fairness, and accountability.

The relationship between advocates and the judiciary should be characterized by professionalism, mutual respect, and cooperation. Advocates must exercise their rights responsibly and fulfill their duties diligently to ensure a harmonious coexistence between the Bar and the Bench. The Advocates Act plays a pivotal role in setting standards for advocates’ conduct and providing a framework for disciplinary actions if these standards are breached. Landmark judgments further clarify the provisions of the Act, contributing to a clearer understanding and effective implementation of regulations within the legal profession. Ultimately, a well-regulated legal system is essential for safeguarding the principles of justice and building trust in the judicial process.

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