Advocate’s Etiquette

Advocate’s Conduct and Etiquette

The Advocate Act 1961 & The Bar Council of India Rules

Sec.49(1)(c) of Advocate Act 1961

“An advocate shall, at all times, comport himself in a manner befitting his status as an officer of the court, a privileged member of the community, and a gentlemen, bearing in mind that what may be lawful and moral for a person who is not a member of the Bar, or for a member of the Bar in his non-professional capacity may still be improper for an Advocate.

Without prejudice to the generality of the foregoing obligation, an Advocate shall fearlessly uphold the interests of his client and in his conduct conform to the rules hereinafter mentioned both in letter and in spirit. The rules hereinafter mentioned contain canons of conduct and etiquette adopted as general guides; yet the specific mention thereof shall not be construed as a denial of the existence of other equally imperative though not specifically mentioned.”

Rule:49: ‘An Advocate shall not be full-time salaried employee of any person, Govt, firm, corporation or concern, so long as he continues to practice and shall, on taking up any such employment intimate the fact to the Bar Council on whose roll his name appears, and shall thereupon cease to practice as an Advocate so long as he continues in such employment.

(Nothing in this Rule shall apply to a Law officer of the Central Govt of a State or of any Public Corporation or body by Statute who is entitled to be enrolled under the rules of his State Bar Council made under sec.28(2)(d) read with sec.24(1) (e) of the Act despite his being a full-time salaried employee.)

Law officer for the purpose of this Rule means a person who is so designated by the terms of his appointment and who, by the said term, is required to act/or plead in courts on behalf of his employer.