Ans 9 Seven Lamps of Advocacy 1. Honesty: Honesty is the most important quality that an advocate should possess.

His thoughts, words and deeds should have sincere co-relation to each other with genuineness. An advocate should be dependable and reliable to every one who seeks his advice and services. The uprightness, integrity and honesty of an advocate will increase his reputation and respect in the society. 2. Courage: It is the duty of an advocate to fearlessly uphold the interests of his client by all fair means without fear of any unpleasant consequences to himself or any other person. It is the knowledge and skill of the advocate that gives him the necessary courage and confidence to present the case fearlessly and to uphold the interest of the client. The knowledge and the skill can be acquired and developed by mastery of facts, mastery of laws, and mastery in drafting and presentation of convincing arguments. 3. Industry: It means hard work. Hard works is absolutely necessary for an advocate. His knowledge of law should be up to date. He will never be ignorant of the current law in force. He will get acquainted with the latest law only by systematic study. If one ignores the law, the law will also ignore him. That is why it is said that law is a jealous mistress. 4. Wit: Judges and lawyers have to deal with a variety of serious and important matters affecting life and liberty of the people. So constant clash between them is common. Anxiety for a favourable verdict on the part of the lawyers; and perpetual worry for the pursuit of truth on the part of the judges generate strain and tension. Occasional wit and humour, provoking a smile or laughter will help them to ease the tension, and refresh themselves to sharpen their brain for the effective discharges of their duties.

5. Eloquence: Eloquence means the fluency, force and style of using the language. Strong vocabulary is one of the powerful weapon, which an advocate should possess. Words are his keys of thought. Strong vocabulary gives him assurance, build his self-confidence and increase his personality. Words must be employed with eloquence. The art of persuasive and impressive speaking will give the desired result in his favour. 6. Judgment: It means the ability to come to a sensible conclusion and make wise decisions at the relevant time in the proper way. It is on the basis of these conclusions he should employ the necessary facts and techniques in the case in which he is engaged. This quality is necessary from the beginning of filling the case till its final disposal. An advocate must always anticipate all the possible moves of the other side and must develop the necessary presence of mind, alertness and tact to cope with any awkward situation of difficulty that may arise in the case. 7. Fellowship: In legal profession, one advocate fights with another advocate for justice before a learned judge. There may be controversies and contradictions in their contention relating to the case, but that shall never affect their fellowship. The advocates should refer the opposite partys advocate as learned friend and the judge should be referred as learned judge. In order to maintain the fellowship, the Bar Council of India has laid down certain rules to be observed as the duty to colleagues. Answer 11 Legal profession is not a business but a profession. It has been created by the state for the public good. Consequently, the essence of the profession lies in three things(1) Organization of its members for the performance of their function; (2) Maintenance of certain standards, intellectual and ethical, for the dignity of

The profession; and (3) Subordination of pecuniary gains to efficient service.

The lawyers and the judges are considered the protector of justice; because of such an important role of the lawyers nothing should be done by them to lessen the peoples faith in honesty and integrity of the legal profession. Initially a written code of conduct did not find favor in England but later on the general council of the bar published a book containing a complete code for the guidance of the lawyers. In India the exhaustive code of conduct for lawyers has been provided by the Bar Council of India in the exercise of its rule-making power under section 49(1)(c) of the Advocates Act, 1961.

Even prior to the Advocates Act, 1961 the provision for punishment for misconduct is found. Section 10 of the Indian Bar Council Act, 1926 contained provisions for the punishment for misconduct. Section 10 of the Indian Bar

council Act, 1926 contained the following provision(1) The high court may in the manner hereinafter provided reprimand, suspend or remove from practice any advocate of the high court whom it finds guilty of professional or other misconduct. (2) Upon receipt of complaint made to it by any court or by the bar council or by any other person that any such advocate has been guilty of misconduct, the high court shall, if it does not summarily reject the complaint, refer the case for inquiry either to the bar council or after consultation with the bar council to the court of the district judge and may on its own motion refer any case in which it has otherwise reason to believe that any such advocate has been so guilty.

Besides this Legal Practitioners Act, 1879 also contained provisions for punishing the advocates for misconduct. The provisions of this act were as follow--Section 13 suspension and dismissal of pleaders and mukhatars guilty of unprofessional conduct. Section 14 procedure when charge of unprofessional conduct is brought in the

subordinate court or revenue office. Section 15 power to call for record in case of acquittal under section 14.

Answer 5 BENCH BARRELATION

The Bar and Bench play an important role in the administration of justice. The judges administer the law with the assistance of the lawyers. The lawyers are officers of the court. They are expected to assist the court in the administration of justice. Actually lawyers collect materials relating to the case and thereby assist the court in arriving at a correct judgment. The legal profession has been created not for private gain but for public good. It is a branch of the administration of justice. It is a partner with the judiciary in the administration of justice.

Since the lawyers are officers of the court, they are required to maintain towards the court respectful attitude bearing in mind that the dignity of the judicial office is essential foe the survival of the society. During the presentation of the case and while acting otherwise before the court an advocate is required to conduct himself

with dignity and self respect. He should not influence the decision of the court by any illegal or improper means. Besides, he is prohibited the private

communication with the judge relating to a pending case. He should use his best efforts to restrain and prevent his client from restoring to unfair practices in relation to the court. An advocate should not consider himself mere mouthpiece of the client and should exercise his own judgment in the use of restrained language during arguments in the court.

Besides, the court acts on the statements of the advocates and therefore the advocates are under obligation to be absolutely fair to the court. They are required to make accurate statements of facts and should not twist them. An advocate is under duty not to misguide the court.

An advocate should not be servile and in case there is proper ground for complaint against a judicial officer, it is not only his right but also duty to submit his grievances to the proper authorities. He should always bear in mind that he is an officer of the court and part of the administration of justice. If the courts or judges are not respected, the whole administration of justice, of which he is a part, will result in the complete death of the rule of law. Many duties of the lawyers to the court are confined by the Bar Council of India. The breach of such duties is taken as professional misconduct and it is punished in accordance with the provisions of the Advocates Act. Actually, self restrain and respectful attitude towards the court, presentation of correct facts and law with a balance mind and without over statement, suppression, distortion or embellishments are requisites of good

advocacy. It is the duty of lawyer to uphold the dignity and decorum of the court and must not do anything which brings the court itself in to dispute.

Mutual respect is necessary for the maintenance of the cordial relations between the bench and the bar.

The judges play important role in the maintenance of rule of law which is essential for the existence of the orderly society. It has rightly been stated by Mr. C.L. Anand that there is no office in the state of such powers as that of judge. Judges hold power which is immensely greater than that of any other functionary. The citizens life and liberty, reputation and property, personal and domestic happiness are all subject to the wisdom of the judges and hang on their decision. Where judicial power becomes corrupt, liberty expires, no security is left of life, reputation and property and no guarantee is left of personal or domestic happiness. A strong impartial and capable, judiciary is the greatest need of a state.

On account of such importance of the judges in the maintenance of the orderly society, it is the duty of the lawyers to play constructive role in the administrative of justice. They must be respectful to the judges but at the same time, in case of proper ground for complaint against a judge, they should submit the complaint to the proper authority in proper manner.

A judge must be impartial and must do everything for justice and nothing for himself or for his friend or for his sovereign. A judge must not allow himself to be subjected to any influence other than influence of the law and justice of the cause. He must discharge his duties without fear or favour, affection or ill-will. A judge should possess calm temper. He should repress irritability and passion. He should always bear in mind the statement of George Sharswood that where passion is allowed to prevail, the judgment is dethroned. He should have patience and gravity of hearing. He should allow the advocate or party the fullest opportunity to present his case. When the judge does not allow the advocate to present his clients case as he considers it best, the counsel owes to his client to protest against it.

Answer 10 http://www.barcouncilofindia.org/about/professional-standards/rules-onprofessional-standards/