Duties of an Advocate towards his Colleagues in India

Section IV of the Bar Council of India Rules, describes the duties of an advocate towards his colleagues under Rules 36, 37, 38 and 39 these duties of an advocate have been enumerated. Under Rule 36, an Advocate shall not solicit work or advertise (either directly or indirectly) whether by circulars or advertisement, touts, personal communications, interview not warranted by personal relations, furnishing or inspiring newspaper comments or producing his photograph to be published in connection with cases in which he has been engaged or concerned. His sign-board or name-plate should be of reasonable size. The sign-board or name-plate or stationery should not indicate that he is or has been President or Member of a Bar Councilor of any particular clause or matter or that he specialises in any particular type of work or that he has been a Judge or an Advocate-General. Rule 37 provides that an advocate shall not allow his professional services or his name to be used in aid of or to make possible, the unauthorised practice by any law agency.

According to Rule 38, an advocate shall not accept a fee less than the fee taxable under the rules when the client is able to pay the same. Rule 39 provides that an Advocate shall not enter appearance in any case in which there is already a Vakalat or memo or appearance filed by an Advocate engaged for a party except with his consent, in case such consent is not produced he shall apply to the court stating reasons why the said consent could not be produced and he shall appear only after obtaining the permission of the court. The purpose behind the provisions of Rule 39 is that an Advocate has to keep goodwill among his fellow Advocates. It is a matter of professional ethics that an Advocate should discourage any client from changing his counsel. He should advise such clients that without proper reasons or necessity they should not do so for the sake of fair administration of justice. It means that the Advocate has to maintain cordial relationship with his brethren counsels in discharge of his duties.

Courtesy:- Legal Point Foundation