Rights And Duties Of Advocates Pdf
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An Advocate in this sense is an expert in the field of law. Distinctive nations' lawful frameworks utilize the term with fairly varying implications.
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Advocates, in addition to being professionals, are also officers of the courts and play a vital role in the administration of justice. Accordingly, the set of rules that govern their professional conduct arise out of the duty that they owe the court, the client, their opponents and other advocates. These rules have been placed there under section 49 1 c of the Advocates Act,
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Advocates, in addition to being professionals, are also officers of the courts and play a vital role in the administration of justice. Accordingly, the set of rules that govern their professional conduct arise out of the duty that they owe the court, the client, their opponents and other advocates. These rules have been placed there under section 49 1 c of the Advocates Act, During the presentation of his case and also while acting before a court, an advocate should act in a dignified manner. He should at all times conduct himself with self-respect.
Professional misconduct is the behaviour outside the bounds of what is considered acceptable or worthy of its membership by the governing body of a profession. Professional misconduct refers to disgraceful or dishonourable conduct not befitting an advocat. Chapter V of the Advocate Act, , deals with the conduct of Advocates. It describes provisions relating to punishment for professional and other misconducts. Section 35 1 of the Advocate Act, , says, where on receipt of a complaint or otherwise a State Bar Council has reason to believe that any advocate on its roll has been guilty of professional or other misconduct, it shall refer the case for disposal to it disciplinary committee. Members belonging to this profession should not encourage deceitfulness and corruption, but they have to strive to secure justice to their clients.
The number of lawyer jokes that abound hardly paints law as a noble profession, but putting aside the fact that lawyers are often seen in bad light, law practitioners should try to be a positive agent of change and an avenue for inspiration. This is seen most clearly when lawyers engage in pro bono work, which comes at the expense of their time, money and effort. Representing large companies definitely rakes in the profits, but it is the willingness to uphold justice for the weak and downtrodden that makes lawyers a force to be reckoned with. Working as a lawyer involves the practical application of abstract legal theories and knowledge to solve specific individualised problems, or to advance the interests of those who hire lawyers to perform legal services. The role of the lawyer varies greatly across different legal jurisdictions. While performing the job lawyer have certain rights and duties which he needs to follow. He have certain rights which he can use and certain duties which he has to follow.
Rights and Duties of an Advocate
The preamble of the Advocates Act, , specifies that this Act has been made with the objective of amending and consolidating the law relating to the legal practitioners . The All India Bar Committee was not satisfied with the Act of as the powers which were conferred on the Bar Councils were very limited and they were not made autonomous bodies. It was then, that the Advocates Act, was passed. Under the Advocates Act , Advocates have been recognized as the only one class of persons entitled to practice the profession of law . According to Section 30 of the Act, this right to practice can be exercised in all the courts and tribunals throughout the territories to which this Act extends and also before any authority or any other person who is authorized to take evidence or before whom the advocate is entitled to practice under any law . It was observed in the case of J. Sampath Kumar v.
Key Takeaways:. An Advocate is a professional or an expert in the field of law. The Bar Council of India is the chief administrative body to manage the whole system and consistency of law in India. In India, each State has its own Bar Council whose role is to register the Advocates willing to practice within a particular State or region. The registration of an Advocate with a State Bar Council does not limit him to practice in that particular State or region and such an advocate is permitted to show up in any court in India. The State Bar Councils deal with the local issues in smoother ways. Firstly, the applicant must be a law graduate from a registered institution in India or from one of the four perceived Universities in the United Kingdom.
An Advocate is a professional or an expert in the field of law. In India each state has its own Bar Council whose role is to register the Advocates who are willing to practice. According to Sec 2 a of the Advocates Act, , advocate means an advocate entered in any roll  under the provisions of this Act. In layman language, it means a law graduate  which can be termed as a legal practitioner . Right means legal, social, or ethical principles of freedom or entitlement i.
What Are The Rights And Privileges of An Advocate?
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