Duties of an Advocate towards his Opponent Parties in India

Client is the foundation stone of legal profession. It's the client for whom the advocate pleads in the court. But Advocate has some duties towards the opponent Parties. Section III of Bar Council of India Rules provides for the duties of an Advocate towards the opponent party. According to Rule 34 an Advocate shall not, in any way communicate or negotiate upon the subject-matter of controversy with any party represented by an Advocate except through that Advocate. Rules 35 provides that 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.

It is the duty of an Advocate that he should be fair to his opponent. He should give due importance to his opponent Advocate. He should not mislead by concealing or withholding facts to his opponent. The Advocate must not forget that he is not fighting the battle of his client but he is also assisting the court in the administration of justice.

According to Rule 34 of the Bar Council of India, an Advocate shall not in any way communicate or negotiate upon the subject-matter of controversy with any party represented by an Advocate through that Advocate. Further, according to Rule 35, an Advocate shall do his best to carry out all legitimate promises made to the opposite party even not written or enforceable under the rules by the court. These two obligations of an Advocate would enhance his image in the eye of his opponent Advocate.

To sum up, the advocate's duty towards his opponent rests on the pattern of equality and fairness in dealings.

Courtesy:- Legal Point Foundation