An Essay on (Advocate) Lawyer

 An Essay on (Advocate) Lawyer


An Essay on (Advocate) Lawyer
An Essay on (Advocate) Lawyer



In the words of Blackstone bar is “a science which distinguishes the criterion of right and wrong which teachers to determine the one and stop , punish or redress the other”. The bar is that the most independence one. A member of the bar never hesitates to condemn tyranny or injustice.

A lawer stands for justice quite a judge, as he pleads for it. it's a wrong belief that the lawers promote dispute and difference within the society. The work of the bar isn't to make disputes but settle the disputes whenever they arise.

In fact lawers are peace makers within the society. it's often said by other professionalisms that the profession of law exploits the society and involves dishonesty and untruthfulness. Again this is often a wrong notion prevalent within the society of the straightforward reason that it's not the lawer who practices dishonesty and untruthfulness.

It is his client’s compelling necessity which he proves by his art of advocacy and reasons. The charge of insincerity against a lawer disappears once it's realized that the advocate is engaged not in express his own views of the case but he's presenting and marshalling all are often said of his client view of it.

Furthermore, bar is criticized that it doesn't increase the economic prosperity of a nation; and consequently a lawer isn't an important member of society. there's little question that it's peace which brings prosperity for a rustic and peace is that the result-of law and therefore the lawyer.

Had there been no law and lawyers there would are chaos in society. However the Indian lawyer’s may be a role specialist that's , he confines his occupational role thereto of dispute processing within the court. The role specificity of the Indian lawyer promotes him to prolong and perpetuate dispute processing. the rationale is because they hardly have the other role to select on.

The profession of law is noble calling. it's one among the foremost brilliant learned and attractive professions. It needs not only high depth of learning but also a way of social responsibilities which involves the high and noble conduct.

The bar is a crucial limb of the machinery for administration of justice. Without the presence of a well developed and organised profession of law, the courts wouldn't be during a position to administer justice.

Law may be a noble profession, but it's also an elitist profession. Its ethics, in practice, (not in theory though), leave much to be desired, if viewed as a profession for the people. But law’s nobility as a profession lasts only goodbye because the members maintain their commitment to integrity and services to the community.

The profession of lawyers ordains a high level of ethics the maximum amount as within the means as within the ends. Justice can't be attained without the stream being pellucid throughout its course which is of great public concern, not merely professional care.

The profession of law has been recognized as profession, a trade or a business; neither is an attorney, a trader or a businessman. A lawyer possesses to recollect that he's expected to be a gentleman within the true sense of the term in every little or big act in his profession.

In fact, no government can function without law and without the services of the bar . In other words, bar is an honourable profession, as ancient as magistracy, as noble as virtu and as necessary as justice.

A lawyer, as a part of a profession , has many obligations and duties of a honourable nature. it had been not expected of a lawyer to bargain for any fee or to take a position on the results of litigation so on determine his fees. The contingent fee is an innovation of recent bar .

The bar in India, which exists today is that the outcome of the system introduced by British during the eighteenth century. The bar in India as elsewhere is essentially creature of statutes, though in some measures, customs, convention and usages also play a crucial role.

It is, therefore, necessary to possess a lover with the legal framework so as to understand the provisions concerning professional ethics and professional responsibility vis-a-vis the Indian Bar.


Duty to His Client:

 

In India, the lawer’s relations together with his client are primarily a matter of contract. The relation is within the nature of agent and principal. The agreement determines to what extent the counsel can bind his client by his acts and statements; what extent shall be his remuneration, whether he will have a lien on his client’s property etc.

 

It is evident, however, that as lawyer is additionally to evolve to the moral code prescribed for him by law and usage, he can't be a mere agent or mouthpiece of his client to hold out his bidding.

 

A special responsibility rests on the members of the Bar to ascertain that the parties don't mislead the court by false or reckless statements on material matter. An advocate isn't the servant of the client that engages him, but truth position is that he's the servant of justice itself. he's thus during a sense a member of the body judicial and hence it follows that he can commit no graver betrayal of his function than to deceive the court by means direct or indirect.

 

An advocate Stands during a loco parent is towards litigant. A member of the Bar undoubtedly owes a requirement to his client and must place before the court all which will fairly and fairly be submitted on behalf of his client.

 

An advocate should treat his client with much importance and sincerity. While giving opinions to the client the counsel’s duty is to act as a judge, responsible to God and man, he should advice sincerely and honestly to the simplest of his ability though its consequences could also be loss of prospective gains.

 

If a pending dispute is probably going to be settled either by the opponent’s counsel or it's the will of the presiding judge, the counsel must put his all sincere efforts without bringing any pressure on his client to cause settlement. But if the client is prepared to face a risk and though he's advised settlement, he desires the case to be fought to an end it's the duty of the advocate to try to to to the simplest of his ability, skill, understanding and bonafide means to cause success.

 

When the litigation ends the lawyer should return the brief to the client and he shouldn't betray the arrogance of the client albeit he's not engaged within the appeals court . Though it'll amount to repletion it'll not be out of place to form mention therein the relation therein the relation between the advocate arid the client is here utmost straightness and confidence.


Trough Indian Vakalatnama form empowers the advocate to try to to all that's necessary including com pro mi seethe case, but it doesn't mean that in sight of the express authority his client’s concern is endorsable. He should be prompt in communicating to the client the happening of the court, reply to his queries and therefore the results of the case, regardless of the defeat or success.

The Bar Council of India has laid down the subsequent duties of an advocate to his client:

 

1. An advocate is sure to accept any brief within the courts or tribunals or before any Authority in or before which he professes to practice at a fee according to his standing at the bar and therefore the nature of the case. He may refuse to simply accept a specific brief as long as his refusal is justified within the special circumstances.

 

2. An advocate shall not ordinarily withdraw from engagements once accepted, without sufficient cause and unless an inexpensive and sufficient notice is given to the client upon his withdrawal from a case he shall refund such a part of the fee as has not been earned.

 

3. An advocate shouldn't accept a quick or appear during a case during which he has reason to believe that he are going to be a witness; and if after being engaged during a case, it becomes apparent that he's a witness, he shouldn't still appear as advocate. it's his duty to retire, if he can without jeopardizing his client’s interests.

 

4. An advocate should at the commencement of his engagement and through the continuance thereof, make all such full and frank disclosures to his client concerning his reference to the parties and any interest in or about the controversy as are likely to affect his client’s judgement in either engaging him or continuing the engagement.

 

5. It shall be the duty of an advocate, fearlessly, to uphold the interests of his client by all fair and honourable means without reference to any unpleasant consequences to himself or the other . He shall defend an individual accused of a criminal offense no matter his personal opinion on the accused, bearing in mind that his loyalty is to the law which needs that no man should be convicted without adequate evidence.

 

6. An advocate appearing for the prosecution during a criminal trial shall so conduct the prosecution that it does-not cause conviction of the innocent. The suppression of fabric capable of building the innocence of the accused shall be scrupulously avoided.

 

7. An advocate shall indirectly or indirectly, commit a breach of the obligations imposed by section 126 of the Indian Evidence Act.

 

8. An advocate shall not, at any time, be a celebration to fomenting of litigation.

 

9. An advocate shall not act on the instruction of a person aside from his client or his authorized agent.

 

10. An advocate shall not stipulate for a fee contingent the results of litigation or comply with share the proceeds thereof.


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