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:


  1. Innocent publication and distribution of matters
  2. Fair and accurate report of judicial proceedings
  3. Fair criticism of judicial act
  4. Bona fide complaint against the presiding officers of the subordinate court
  5. No substantial interference with due course of justice

Defences in Civil Contempt:


  1. Disobedience or breach was bot willful
  2. The order has been passed without jurisdiction
  3. Order disobeyed is vague or ambiguous
  4. Order involves more than one reasonable interpretation
  5. Compliance with the order is impossible
  6. No knowledge of order

Admission and Enrolment of Advocates:


  1.  Senior advocates and other advocates (S.16)
  2. Persons who may be admitted as advocate on a state roll
  3. Disqualification for enrolment
  4. Authority to whom application for enrolmnt may be made
  5. Disposal of applications for admission as an advocate
  6. Removal of names for enrolment of certain Supreme Court advocates
  7. Disputes regarding seniority
  8. Certificate of enrolment
  9. Right of pre-audience

Monday, April 11

Duties of Advocate towards the opponent

  1. Carry out legitimate promises made.
  2. Not to negotiate directly with opposing party
  3. Keep respectful attitude towards the opposition party
  4. By informing wrong matter, do not misguide opposition
  5. He should keep friendly relation with opponent
  6. He should not criticize wrongly and unnecessary of his opponent
  7. Do not take advante of lack of knowledge of his opponent

Duties of Advocate towards fellow advocates

  1. Sign board and name plate
  2. Not promote unauthorized practice of law
  3. Not advertise or solicit work
  4. Consent of fellow advocate to appear
  5. 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
  6. He should keep friendly relation with the fellow advocates
  7. He should not criticize wrongly and unnecessary of his co-advocate
  8. By taking less fees, he should not compete with his co-advocate
  9. Do not take advante of lack of knowledge of his co-advocate 

Duties of Advocate towards the Court

  1. Act in a dignified manner
  2. Respect the court
  3. Appear in proper dress code 
  4. Not communicate in private to a Judge
  5. Refuse to act in illegal manner towards the opposition
  6. Refuse to represent clients who insist on unfair means
  7. Refuse to appear in front of relations
  8. Not to wear bands and gowns in public
  9. Not represent establishments of which he is a member
  10. Not appear in matters of pecuniary interest
  11. Not stand as surety for client
  12. Not to try undue influence on judge
  13. Should keep respect of judge, should maintain status of judge
  14. If any near relation with the judge- then advocate should not appear before that judge for process of the case
  15. Advocate should not waste time of court by taking dates- except in special circumstances
  16. Advocate should not waste time of court and when the court called out, He should be immediately present
  17. He should be fully and thouroughly ready with the case to present it
  18. To give training of law, he should not take money from any person

Duties of Advocate towards his Client

  1. Duty to charge reasonable fees
  2. Duty to make full and frank disclosure
  3. Duty to ensure no conflict of interest
  4. Duty of care to client
  5. Duty to maintain confidentiality
  6. Duty to act only on client's instructions
  7. Duty to the law
  8. An advocate shall not, at any time, be a party to fomenting of litigation.
  9. An advocate shall not act on the instruction of any other person other than his client or authorized agent.
  10. Not withdraw from service
  11. Bound to accept briefs
  12. Not appear in matters where he himself is a witness
  13. Not suppress material or evidence, which shall prove the innocence of the accused
  14. Not disclose the communication between client and himself
  15. Not receive interest in actionable calim
  16. Keep proper accounts
  17. Provide copy of accounts
  18. Intimate the client on amounts
  19. Not lend money to his client
  20. Not appear for opposite parties
  21. Not adjust fees against personal liabily
  22. Not bid or transfer property arising of legal proceeding
  23. Should not take signature of client on blank page
  24. Should not take client's money by fraud
  25. Should not take property of client on mortage for recovery of fees by advocate 
  26. The work of poor should be done free of charge