- Innocent publication and distribution of matters
- Fair and accurate report of judicial proceedings
- Fair criticism of judicial act
- Bona fide complaint against the presiding officers of the subordinate court
- No substantial interference with due course of justice
Showing posts with label Law: Professional Ethics. Show all posts
Showing posts with label Law: Professional Ethics. Show all posts
Wednesday, April 20
Defences in Criminal Contempt:
Defences in Civil Contempt:
- Disobedience or breach was bot willful
- The order has been passed without jurisdiction
- Order disobeyed is vague or ambiguous
- Order involves more than one reasonable interpretation
- Compliance with the order is impossible
- No knowledge of order
Admission and Enrolment of Advocates:
- Senior advocates and other advocates (S.16)
- Persons who may be admitted as advocate on a state roll
- Disqualification for enrolment
- Authority to whom application for enrolmnt may be made
- Disposal of applications for admission as an advocate
- Removal of names for enrolment of certain Supreme Court advocates
- Disputes regarding seniority
- Certificate of enrolment
- Right of pre-audience
Monday, April 11
Duties of Advocate towards the opponent
- Carry out legitimate promises made.
- Not to negotiate directly with opposing party
- Keep respectful attitude towards the opposition party
- By informing wrong matter, do not misguide opposition
- He should keep friendly relation with opponent
- He should not criticize wrongly and unnecessary of his opponent
- Do not take advante of lack of knowledge of his opponent
Duties of Advocate towards fellow advocates
- Sign board and name plate
- Not promote unauthorized practice of law
- Not advertise or solicit work
- Consent of fellow advocate to appear
- An advocate shall not accept a fees less than the fee, which can be taxed under rules when the client is able to pay more
- He should keep friendly relation with the fellow advocates
- He should not criticize wrongly and unnecessary of his co-advocate
- By taking less fees, he should not compete with his co-advocate
- Do not take advante of lack of knowledge of his co-advocate
Duties of Advocate towards the Court
- Act in a dignified manner
- Respect the court
- Appear in proper dress code
- Not communicate in private to a Judge
- Refuse to act in illegal manner towards the opposition
- Refuse to represent clients who insist on unfair means
- Refuse to appear in front of relations
- Not to wear bands and gowns in public
- Not represent establishments of which he is a member
- Not appear in matters of pecuniary interest
- Not stand as surety for client
- Not to try undue influence on judge
- Should keep respect of judge, should maintain status of judge
- If any near relation with the judge- then advocate should not appear before that judge for process of the case
- Advocate should not waste time of court by taking dates- except in special circumstances
- Advocate should not waste time of court and when the court called out, He should be immediately present
- He should be fully and thouroughly ready with the case to present it
- To give training of law, he should not take money from any person
Duties of Advocate towards his Client
- Duty to charge reasonable fees
- Duty to make full and frank disclosure
- Duty to ensure no conflict of interest
- Duty of care to client
- Duty to maintain confidentiality
- Duty to act only on client's instructions
- Duty to the law
- An advocate shall not, at any time, be a party to fomenting of litigation.
- An advocate shall not act on the instruction of any other person other than his client or authorized agent.
- Not withdraw from service
- Bound to accept briefs
- Not appear in matters where he himself is a witness
- Not suppress material or evidence, which shall prove the innocence of the accused
- Not disclose the communication between client and himself
- Not receive interest in actionable calim
- Keep proper accounts
- Provide copy of accounts
- Intimate the client on amounts
- Not lend money to his client
- Not appear for opposite parties
- Not adjust fees against personal liabily
- Not bid or transfer property arising of legal proceeding
- Should not take signature of client on blank page
- Should not take client's money by fraud
- Should not take property of client on mortage for recovery of fees by advocate
- The work of poor should be done free of charge
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