Keywords- right and duties of advocates in India, right and duties of advocates, duties of advocate under advocate act, 1961, section 17 of advocates act, 1961, advocates act, 1961
The legal profession is crucial for maintaining justice while also making sure the legal system runs well. The Advocates Act of 1961, which functions as an exhaustive law defining their rights and obligations, unites advocates as professionals in law. The right and duties of advocates is essential to maintaining the integrity and moral standards of the legal profession, fostering justice, and protecting the interests of the clients.
advocates act, 1961
- Advocate issomeone who is an expert or an authority in the legal sector is an advocate. The Advocates Act, of 1961, which was proposed by India’s then-law minister Ashok Kumar Sen, is the legislation that governs advocates.
- The Bar Council of India is in charge of and responsible for carrying out the Advocates Act, of 1961, which was enacted by Parliament. The primary administrative body responsible for overseeing the integrity of the legal system in India is the Bar Council of India.
- section 17 of advocates act, 1961 states that although the advocates are permitted to move to another State Bar Council, advocates are only permitted to join one State Bar Council.
rights of advocates in India: Advocates Act of 1961
There are some of the essential rights of advocates in India according to the Advocates Act of 1961. They are:
The Essential Right to “PRACTICE”
- Advocates registered with the Bar Council of India are granted the sole right to practice in any Indian court.
- An advocate has the complete right to practice in any court according to Article 19(1)(g) of the Constitution of India, which grants all citizens the freedom “to practice any kind of profession or to carry out any occupation, trade or business.”
The Essential Right to “ENTER COURT AND OBSERVE PROCEEDINGS”
- Even in cases where the advocates are not representing a side, advocates are free to attend court and watch the proceedings. With the use of this privilege, advocates can learn more about how the court operates, comprehend the legal system, and remain current on legal advancements.
- Through this right, advocates can improve their legal knowledge, watch the judicial procedure, and gain insight from the techniques and arguments of other advocates.
- The Advocates Act of 1961 and the court rules of procedure acknowledge this privilege by allowing advocates to attend court and see the proceedings at work.
The Essential Right to “PRE-AUDIENCE”
- In order to provide appropriate legal representation and guarantee that their client’s interests are sufficiently protected, advocates must have the right to a pre-audience under Section 23 of the Advocates Act of 1961.
- A number of clauses of the Advocates Act of 1961 and the court’s procedural rules recognize this right, giving advocates the chance to review case files and get pertinent data prior to arguing their case in court.
The Essential Right to “MEET THE ACCUSED”
- Even when the accused is incarcerated, the advocate has the right to see them. The advocate benefits from these encounters by gaining enough knowledge about the facts and supporting documentation to strengthen his case in court.
- Advocates enjoy the right to visit the client daily in jail, even when the meeting time is restricted.
The Essential Right to “ADVOCATE’S FREEDOM OF SPEECH & EXPRESSION”
- Advocates have the right to express their ideas or concerns about legal issues that impact their clients or the legal profession at large, and they play a crucial role in protecting their clients’ interests and rights.
- This right, however, must be used sensibly and in accordance with the advocates’ code of conduct, which forbids making disparaging or disrespectful comments about the courts or other legal experts.
duties of advocate under advocate act, 1961
There are some of the essential duties of advocate under advocate act, 1961 according to the Advocates Act of 1961. They are:
The Essential Duty to “PRESERVE THE DECORUM OF THE COURT AS WELL AS ITS DIGNITY”
- It is the grave responsibility of advocates to uphold the court’s decorum and respect. They must avoid doing anything that could jeopardize the court’s authority or integrity, and they must behave in a way that respects the dignity and respect of the judiciary.
- It is expected of advocates to treat the court with decency, speak in a way that is suitable, and adhere to its norms and procedures.
The Essential Duty of “MAINTAINING CONFIDENTIALITY”
- Advocates have an obligation to protect the privacy of the information about their clients. Unless mandated by law, they are not allowed to reveal any privileges or sensitive information without their clients’ permission.
- Advocates are responsible for safeguarding the interests of their clients and making sure that no unauthorized parties obtain their personal information.
The Essential Duty to “OBSERVE THE INSTRUCTIONS GIVEN BY THE COURT”
- Whether or whether they approve of the court’s orders, advocates have a responsibility to respect them and follow them. Advocates are required to follow the court’s directions and refrain from any actions that could impede or hinder the functioning of justice.
- There are severe repercussions for disobeying court orders, including possible disciplinary proceedings by the bar council.
The Essential Duty to “REFRAIN FROM POINTLESS OR TEDIOUS LAWSUITS”
- It is the responsibility of advocates not to start or pursue pointless or tedious legal actions. A case’s merits must be carefully considered by advocates before they can counsel their clients.
- A case that has no legal or factual foundation or that is only meant to annoy or burden the opposing party or the court may not be filed or defended by advocates.
The Essential Duty to “OFFER KNOWLEDGEABLE AND CONSCIENTIOUS REPRESENTATION”
- Advocates have an obligation to represent their clients with diligence and competence. They need to be equipped with the necessary information, abilities, and experience to manage the legal cases that are assigned to them.
- Advocates need to be abreast of legal developments, meticulous in their preparation, and competent in their presentation of their cases. Additionally, they have to maintain in constant contact with their customers and update them on the status of their cases.
The cornerstone statute governing the profession of attorney and their right and duties of advocates in India in India is the Advocates Act, of 1961. As the front-line warriors for justice, advocates have both rights and responsibilities to ensure an unbiased handling of justice. Advocates are crucial for maintaining the integrity of the judicial system due to their upholding the values of gaining independence, privacy, and ethical conduct.
