Legal Profession

Mr Ramnath after graduation in law joined a Senior lawyer as an assistant.

During the process of study and now in a job as an assistant some bar Council of India Rules which attracted his attention were :

RULES FOR AN ADVOCATE’S DUTY TOWARDS THE COURT

1. Act in a dignified manner

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. However, whenever there is proper ground for serious complaint against a judicial officer, the advocate has a right and duty to submit his grievance to proper authorities.

2. Respect the court

An advocate should always show respect for the court. An advocate has to bear in mind that the dignity and respect maintained towards judicial office is essential for the survival of a free community.

3. Not communication in private

An advocate should not communicate in private to a judge with regard to any matter pending before the judge or any other judge. An advocate should not influence the decision of a court in any matter using illegal or improper means such as coercion, bribe etc.

4. Refuse to act in an illegal manner towards the opposition

An advocate should refuse to act in an illegal or improper manner towards the opposing counsel or the opposing parties. He shall also use his best efforts to restrain and prevent his client from acting in any illegal, improper manner or use unfair practices in any mater towards the judiciary, opposing counsel or the opposing parties.

5. Refuse to represent clients who insist on unfair means

An advocate shall refuse to represent any client who insists on using unfair or improper means. An advocate shall excise his own judgment in such matters. He shall not blindly follow the instructions of the client. He shall be dignified in use of his language in correspondence and during arguments in court. He shall not scandalously damage the reputation of the parties on false grounds during pleadings. He shall not use unparliamentary language during arguments in the court .

Rules ON AN ADVOCATE’S DUTY TOWARDS THE CLIENT

1. Bound to accept briefs

An advocate is bound to accept any brief in the courts or tribunals or before any other authority in or before which he proposes to practise. He should levy fees which is at par with the fees collected by fellow advocates of his standing at the Bar and the nature of the case. Special circumstances may justify his refusal to accept a particular brief.

2. Not withdraw from service

An advocate should not ordinarily withdraw from serving a client once he has agreed to serve them. He can withdraw only if he has a sufficient cause and by giving reasonable and sufficient notice to the client. Upon withdrawal, he shall refund such part of the fee that has not accrued to the client for the court.

One day the chief legal officer of a builder came to their office and asked his boss to send a notice to one of the builder's clients. He had brought a draft of notice in a pen drive and requested to print on letterhead, send scanned copy to an email and hard copy through Regd Ad.

Ramnath was asked to print the same, there was partition between my bass and his sitting place He could hear some of the talks informing that client has informed about serious non-compliances related to structure and fire safety to all Administrative authorities up to president of India, media and asking them to take actions against the builder; now through the notice, they intend to silent customer for further interaction with the authorities, discussions ended in a hearty laugh to realise their professional strength to justify sending of notice on a pre-agreed fees.

Ramnath had gone through the draft and observed very abusive language, however, his boss just glanced through did not find any need of clarification/ corrections simply signed and asked Ramnath to send a scanned copy through email and one copy through registered A/D. Client thanked Mr Ramnath boss and left with satisfaction.

It was around 7:30 pm in the evening. Throughout night Ramnath could not sleep well thinking was a notice sent in compliance with guidelines of Bar Council of India Rules?

Next day morning when he opened his computer he saw that reply was received from the client to whom notice was sent.

To his utter surprise, he observed that client has replied notice and at outset informing to have sent notice without having full knowledge of facts from the client; each and every point enclosing ground verifiable documentary evidence was replied and in conclusion, was informed that character assassination language used in notice was in violation of Bar Council of India Rules. He further suggested withdrawing notice otherwise matter shall be referred to the Bar Council of India. The client appeared to be knowledgeable about construction and legal provisions.

Mr Ramnath immediately telephoned to his boss at home, telephone was picked by his wife and she informed that boss was in bathroom, however, she asked if any urgency is there she can be briefed; Ramnath briefed her about sending of notice and immediate reply received, she appeared to have been shocked; by the time Mr Ramnath boss had come out of bathroom and tried to interrupt to understand what was going on.

His wife without bothering that Ramnath was on another side of the line fired him with ultimate anger and asked him to apologize client on telephone and immediately withdraw the notice. She came along with Ramnath's boss to office called the chief legal officer of the builder to the office and advised him in no uncertain terms that his husband should not be involved in such type of matter and practically threw the money given by him to her husband.

The chief legal officer without success tried to justify his actions and picked money and left office without having the slightest feeling of guilt.

Ramnath has the first experience of such cases which are happening at large, the common man is harassed. Courts are burdened and society harmonious relationships are destroyed.

Courts are temples of justice and the judiciary is one of the main pillars of the constitution.

There is an immediate need for legal reforms to revive Indian culture to build India on mutual trust, respect, harmonious relationships to strengthen our constitution, citizens and our country.