RULES ON AN ADVOCATE’S DUTY TOWARDS THE COURT

*The following is very very important. All should read patiently and comment on the same.*

Extracted from the statute:

*RULES ON AN ADVOCATE’S DUTY TOWARDS THE COURT*

1. Act in a dignified manner.
During the presentation of his case and also while acting before a court, an advocate should act in a dignified manner. He should at all times *conduct himself with self-respect.*_(but in reality sycophancy and Bench appeasement)_ However, whenever there is *proper ground for serious complaint against a judicial officer, the advocate has a right and duty* to submit his grievance to proper authorities.

2. Respect the court.
An advocate should always show respect towards the court. An advocate has to bear in mind that *the dignity and respect maintained towards judicial office is essential for the survival of a free community.*_(judges often forget to bear this in mind and behave like lathi wielding cops)_

3. Not communicate in private.
An advocate should not communicate in private to a judge with regard to any matter pending before the judge or any other judge. An advocate should not influence the decision of a court in any matter using illegal or improper means such as coercion, bribe etc.
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11. Not stand as surety for client

An advocate should not stand as a surety, or certify the soundness of a surety that his client requires for the purpose of any legal proceedings. _(as a corollary Judges have no right to pass judgements against the lawyer, while deciding against his client. But the collegium rarely selects on knowledge of law as a merit)_

_Other rules not relevant for the discussion at hand._

*RULES ON AN ADVOCATE’S DUTY TOWARDS THE CLIENT*

1. Bound to accept briefs.
An advocate *is bound to* accept any brief in the courts or tribunals or before any other authority in or before which he proposes to practise. *He should levy fees which is at par with the fees collected by fellow advocates of his standing at the Bar* and the *nature of the case.* Special circumstances may justify his refusal to accept a particular brief.

2. 3. and 4 not relevant.

5. Uphold interest of the client
It shall be the duty of an advocate *fearlessly* to uphold the interests of his client by all fair and honourable means. An advocate *shall do so without regard to any unpleasant consequences* to himself or any other. *He shall defend a person accused of a crime regardless of his personal opinion as to the guilt of the accused.* An advocate should always remember that *his loyalty is to the law,* which requires that no man should be punished without adequate evidence. _(unfortunately we have judges who keep the law aside and say "we get job satisfaction" and in the judgment of a dispute between the Plaintiff and the Defendant, pass orders against the Defendants lawyer as well!)_

*RULES ON ADVOCATE’S DUTY TO OPPONENTS*

1. Not to negotiate directly with opposing party

An advocate shall not in any way communicate or negotiate or call for settlement upon the subject matter of controversy with any party represented by an advocate except through the advocate representing the parties.

2. Carry out legitimate promises made.
An advocate shall do his best to carry out *all legitimate promises made to the opposite party* even though not reduced to writing or enforceable under the rules of the Court. _(terms on consent illegitimately obtained, i.e. including coercion and undue influence, advocate shall not advice his client to carry out.)_
*RULES ON AN ADVOCATE’S DUTY TOWARDS FELLOW ADVOCATES*
1-3 not relevant.
4. An advocate shall not accept a fee less than the fee, which can be taxed under rules *when the client is able to pay more.*
_(no judge has the business to object or comment  in the h judgement, what fees the losing party paid his lawyer)_
*The above Rules are in black and white, but nobody to follow!*

*Such a sordid state of affairs!*