1.

Evolution of the Right to Advocacy in

Courts Throughout India

The right to advocacy in Indian courts is rooted in

historical, legislative, and constitutional developments.
Below is a detailed exploration of its evolution:

Pre-British Era

 In ancient India, disputes were often resolved by

village panchayats or religious leaders. Formal
advocacy as a profession did not exist.
 During the Mughal era, qazis (judges) presided over
courts, with assistance from legal scholars. Advocacy
roles were informal and often undertaken by friends
or family of litigants.

British Era

 Introduction of Legal Professionals (1774): The

establishment of the Supreme Court at Calcutta
introduced the concept of barristers and attorneys,
primarily British, to represent litigants.
 Regulation Act of 1773: Recognized the need for
trained legal professionals in courts.
 Legal Practice Acts:
o The Bengal Regulation of 1793 formalized the
role of pleaders in court.
o Legal Practitioners Act, 1846, allowed Indians to
become pleaders, breaking racial barriers.
  High Courts Act, 1861: Established high courts in
Bombay, Madras, and Calcutta, recognizing the role
of advocates, vakils, and attorneys.
 Advocates Act, 1926: For the first time, it
regulated the legal profession across India, creating
bar councils for each high court.

Post-Independence Era

 Advocates Act, 1961: A landmark legislation that

restructured the legal profession.
o It abolished separate classes of legal
practitioners (barristers, vakils, pleaders) and
created a unified class of "Advocates."
o Advocates were given exclusive rights to
practice law in all courts across India.
o Established the Bar Council of India (BCI) and
State Bar Councils.

Constitutional Provisions

 Article 19(1)(g): Grants all citizens the freedom to

practice any profession, including the profession of
law.
 Article 22(1): Ensures that every individual arrested
has the right to consult and be defended by a legal
practitioner of their choice.
2. Structure of the Bar Councils in India

Bar Council of India (BCI)

 Establishment: The BCI was established under

Section 4 of the Advocates Act, 1961.
 Composition:
o A chairman and vice-chairman elected by council
members.
o Members include representatives from each
State Bar Council and nominated advocates from
the Supreme Court.
 Functions:
o Prescribing standards for legal education and
qualifications for enrollment as advocates.
o Conducting professional examinations.
o Safeguarding the rights and privileges of
advocates.
o Framing rules for professional conduct and
etiquette.
o Disciplinary control over advocates.

State Bar Councils

 Establishment: Under Section 3 of the Advocates

Act, 1961.
 Composition:
o Elected members from advocates practicing in
the respective states.
 o Advocates-General of the states serve as ex-
officio members.
 Functions:
o Enrolling advocates in the state.
o Regulating legal practice within the state.
o Supporting the BCI in maintaining discipline and
professional standards.

3. Powers of Bar Councils to Hold Advocates

Accountable

The Advocates Act, 1961, provides Bar Councils with

significant powers to ensure accountability in the legal
profession:

Code of Professional Conduct and Etiquette

 Advocates must uphold the dignity of the profession,

avoid conflicts of interest, and maintain client
confidentiality.
 Rules of professional conduct are prescribed by the
BCI under Section 49 of the Advocates Act.

Disciplinary Jurisdiction

 State Bar Councils:

o Investigate complaints of misconduct under
Section 35 of the Advocates Act.
o Disciplinary Committees conduct inquiries and
impose punishments, including reprimands,
 suspensions, or removal from the roll of
advocates.
 Bar Council of India:
o Hears appeals against decisions of State Bar
Councils (Section 37).
o Can conduct disciplinary proceedings in cases of
national importance or those involving senior
advocates.

Grounds for Disciplinary Action

1. Professional Misconduct:
a. Misappropriation of client funds.
b. Breach of confidentiality.
c. Dereliction of duty.
2. Ethical Violations:
a. Advertising services.
b. Accepting bribes or engaging in fraud.
3. Criminal Convictions:
a. Conviction for moral turpitude can lead to
disqualification.

Punishments

 Reprimand.
 Suspension from practice.
 Removal of name from the rolls of advocates.
Judicial Oversight

Decisions of Bar Councils can be challenged before the

Supreme Court under Section 38 of the Advocates Act.

Challenges and Reforms

1. Challenges:
a. Inadequate handling of misconduct cases due to
procedural delays.
b. Lack of stringent measures against frivolous or
unethical practices.
2. Proposed Reforms:
a. Introducing stricter timelines for disciplinary
inquiries.
b. Enhancing transparency and accountability
within Bar Councils.
c. Improving legal education to ensure ethical
standards.

The right to advocacy and the accountability mechanisms

in India reflect the country's commitment to ensuring
justice and maintaining public trust in the legal system.
The Bar Councils serve as both regulators and protectors
of professional integrity.
Here’s a detailed explanation of the topics:

1. Code of Ethics for Advocates in the Advocates Act

The Advocates Act, 1961, along with rules framed by

the Bar Council of India (BCI), governs the ethical
standards and professional conduct of advocates in India.
These rules form the Code of Ethics for advocates,
emphasizing their duties towards clients, the court,
society, and fellow professionals.

Key Ethical Provisions:

1. Duty to the Client:

a. Uphold client confidentiality.
b. Provide diligent and competent representation.
c. Avoid conflicts of interest.
d. Not withdraw services without reasonable cause.
e. Avoid misleading clients or giving guarantees of
outcomes.
2. Duty to the Court:
a. Maintain respect for the court.
 b. Avoid misrepresentation of facts or law.
c. Refrain from influencing judges through illegal or
unethical means.
d. Assist in the administration of justice by
upholding the law.
3. Duty to Society:
a. Act as a socially responsible professional.
b. Promote legal literacy and access to justice for
marginalized groups.
4. Duty to Fellow Advocates:
a. Maintain cordial relationships with colleagues.
b. Refrain from unfair competition.
c. Avoid direct advertising or solicitation of clients.

Disciplinary Framework:

 Advocates violating the code can face disciplinary

actions under Sections 35-36 of the Advocates Act,
including suspension or disbarment.

2. Lawyer’s Relations: Client, Court, and Society

a. Lawyer-Client Relationship:

 Fiduciary Relationship: Lawyers must act in the

best interest of their clients, maintaining trust and
confidentiality.
 Duties:
o Provide honest advice based on the law.
o Avoid exploiting clients financially or
emotionally.
 o Represent clients diligently and within the
bounds of the law.
 Legal Aspects: A lawyer's negligence or unethical
conduct can lead to civil liability under tort law or
professional misconduct proceedings.

b. Lawyer-Court Relationship:

 Officer of the Court: Advocates are integral to the

administration of justice.
 Responsibilities:
o Ensure the court is not misled by false
information.
o Show respect and decorum in court proceedings.
o Promote speedy and fair justice.
 Contempt of Court Act, 1971: Lawyers can be
penalized for actions that undermine the dignity of
the judiciary, such as disrupting court proceedings or
disobeying judicial orders.

c. Lawyer-Society Relationship:

 Advocates play a crucial role in promoting legal

awareness and protecting fundamental rights.
 They act as bridges between the law and the public,
often representing vulnerable groups pro bono or
through legal aid mechanisms.
3. Client as Consumer: Lawyer-Court-Judges and the
Contempt of Courts Act, 1971

Client as Consumer:

 Under the Consumer Protection Act, 2019, clients

can be considered consumers of legal services.
 Lawyers can be held liable for:
o Deficient service (e.g., negligence or failure to
deliver promised services).
o Professional misconduct (under the Advocates
Act).

Lawyer-Court-Judges Dynamic:

 Mutual Respect: Advocates and judges must

maintain professionalism and respect to uphold the
integrity of the judiciary.
 Role of Lawyers: Advocates assist judges in
interpreting and applying laws through well-
researched arguments.

Contempt of Courts Act, 1971:

 Protects the authority and dignity of courts.

 Types of Contempt:
o Civil Contempt: Wilful disobedience of court
orders.
o Criminal Contempt: Acts that scandalize or
lower the authority of the court, obstruct justice,
or interfere with legal proceedings.
 Penalties:
 o Fine up to ₹2,000 and/or imprisonment up to 6
months.
o Courts exercise this power sparingly, balancing
free speech with judicial dignity.

4. Lawyer’s Society and National Legal Services Authority

(NALSA)

Lawyer’s Role in Society:

 Social Justice: Advocates contribute to justice

delivery by taking up pro bono cases and
representing marginalized groups.
 Legal Awareness: Conduct awareness campaigns
to educate citizens about their rights and legal
remedies.
 Advocacy: Influence policy and legislative changes
to promote equity and fairness.

National Legal Services Authority Act, 1987:

 Objective: Provide free and competent legal

services to weaker sections of society and ensure
access to justice.
 Structure:
o NALSA: Apex body overseeing legal aid
programs.
o State Legal Services Authorities (SLSA):
Implement legal aid schemes at the state level.
o District Legal Services Authorities (DLSA):
Operate at the district level.
  Functions:
o Organizing Lok Adalats to settle disputes.
o Providing free legal aid to eligible persons (e.g.,
economically weaker sections, SC/ST, women,
disabled).
o Promoting legal literacy campaigns.
 Significance: Bridges the gap between legal
services and marginalized communities.

5. Code and Obtaining Legal Business

Ethical Guidelines for Legal Business:

 Prohibition on Advertising: Advocates cannot

solicit business or advertise their services directly
(BCI Rules, Part VI, Chapter II).
 Referral System: Business is often obtained
through referrals and reputation.
 Networking: Participation in bar associations and
legal seminars.
 Merit-Based Advancement:
o Advocates advance through competence,
courtroom skills, and adherence to ethical
standards.
o Unethical practices like touting or bribery are
strictly prohibited.

6. The Place of Merit in the Legal Profession

 Merit-Based System:
 o Success is determined by legal knowledge,
analytical skills, courtroom advocacy, and ethical
practice.
o Judges and clients value advocates who uphold
integrity and exhibit intellectual rigor.
 Challenges:
o Nepotism and systemic biases in some areas
may hinder purely merit-based recognition.
 Importance of Training:
o Continuous legal education and skill
development are essential for maintaining
professional standards and meritocracy.

Conclusion

These interconnected aspects underscore the importance

of ethics, professionalism, and accountability in the legal
profession. Advocates are expected to balance their
duties to clients, the court, and society while adhering to
high ethical standards. Laws such as the Advocates Act,
Consumer Protection Act, and NALSA Act ensure that
the profession remains service-oriented, merit-based, and
accessible to all, promoting justice and fairness.
Here’s a detailed exploration of the topics related to
financial and ethical management in an advocate’s office:

1. Double Entry Bookkeeping

Concept

 Double Entry Bookkeeping is a method of

recording financial transactions where every
transaction affects at least two accounts – one is
debited and the other is credited.
 It ensures that the accounting equation (Assets =
Liabilities + Equity) always remains balanced.

Principles:

1. Every transaction has two aspects:

a. Debit: What comes in or an increase in
assets/expenses.
b. Credit: What goes out or an increase in
liabilities/revenues.
 2. Balancing Accounts: The total of debits must
always equal the total of credits.

Advantages:

 Provides accurate and systematic records.

 Helps detect errors and fraud.
 Facilitates preparation of financial statements.

2. Ledger

Definition

 The Ledger is the principal book where all the

transactions recorded in the journal are classified
and summarized under specific account headings.

Structure of a Ledger Account:

 Debit Side (Dr): Records increases in assets or

expenses and decreases in liabilities or income.
 Credit Side (Cr): Records increases in liabilities or
income and decreases in assets or expenses.

Uses in an Advocate's Office:

 Tracks revenues (e.g., professional fees).

 Records expenses (e.g., salaries, rent, stationery).
 Helps prepare financial statements and analyze the
financial health of the practice.
3. Cash Book

Definition

 A Cash Book is both a journal and a ledger,

specifically for recording cash and bank transactions.

Types of Cash Books:

1. Single Column Cash Book: Records only cash

transactions.
2. Double Column Cash Book: Records both cash and
bank transactions.
3. Triple Column Cash Book: Includes cash, bank,
and discount columns.

Relevance to Advocates:

 Captures cash flow for legal fees received and office

expenses.
 Ensures liquidity management for day-to-day
operations.

4. Accountancy Records for an Advocate

Key Records to Maintain:

1. Income and Expenditure Account:

a. Income: Professional fees, consultancy charges,
retainers.
b. Expenses: Staff salaries, office rent, travel
expenses.
2. Client Ledger:
 a. Separate ledger accounts for each client to track
case-related expenses and fees.
3. Fixed Assets Register:
a. Records office equipment like furniture,
computers, and library resources.
4. Bank Reconciliation Statements (BRS):
a. Ensures consistency between the cash book and
bank statements.
5. Tax Records:
a. GST, professional tax, and income tax-related
documents.

5. Preparing a Trial Balance

Definition

 A Trial Balance is a statement that lists all ledger

account balances (debit and credit) to check the
mathematical accuracy of the bookkeeping entries.

Steps to Prepare:

1. List all ledger account balances under debit and

credit columns.
2. Total the debit and credit columns.
3. Ensure that the total of both columns matches.

Purpose:

 Identifies errors in ledger postings.

 Acts as a precursor to preparing financial
statements.
Example:

Account Debit Credit

Name (₹) (₹)
Professional
50,000
Fees
Office Rent 20,000

Cash in Hand 30,000

Total 50,000 50,000

6. Financial Records in an Advocate’s Office

Importance:

 Ensures compliance with tax laws and professional

obligations.
 Helps monitor profitability and manage resources
effectively.
 Facilitates audit and accountability.

Records to Maintain:

1. Fee Register: Tracks fees received and pending.

2. Expense Register: Detailed record of all office-
related expenses.
3. Tax Returns: Documentation of income tax, GST
filings, and other regulatory filings.
4. Petty Cash Book: For minor daily expenses.
5. Retainer Agreements: Agreements with clients
detailing the scope of work and fees.
7. Ethics in an Advocate’s Office

Importance of Financial Ethics:

1. Transparency with clients about fees and expenses.

2. Avoidance of misappropriation of client funds.
3. Accurate and honest tax filings.

Ethical Guidelines:

 Client Funds: Keep client funds in a separate bank

account; do not commingle with personal or office
funds.
 Fee Agreements: Clearly document fees and
payment terms in writing.
 Records: Maintain accurate and complete records of
all financial transactions.

Professional Consequences:

 Mismanagement or misrepresentation of financial

records can lead to disciplinary actions under the
Advocates Act, 1961.

8. The Code and Obtaining Legal Business

Code of Conduct:

 Advocates must adhere to rules against solicitation

and direct advertising.
 Work must be obtained through reputation, referrals,
or assignments from the court.
Best Practices:

 Network within the legal community and participate

in bar association activities.
 Focus on building a reputation for integrity,
competence, and professionalism.

9. Place of Merit in the Legal Profession

Role of Merit:

 Success in the legal profession is determined by:

o Knowledge of the law.
o Advocacy skills.
o Ethical behavior and trustworthiness.
 Reputation, built on merit, is key to attracting clients
and advancing in the profession.

Challenges:

 Nepotism and unequal access to opportunities can

undermine merit.
 Advocates must continuously update their legal
knowledge and skill set to maintain professional
competence.

Conclusion

Maintaining accurate financial records, adhering to

ethical standards, and emphasizing merit are crucial for
an advocate's professional and financial success. Tools
like double-entry bookkeeping, ledgers, cash books, and
trial balances ensure transparency and accountability,
while ethical practices build trust and long-term
relationships with clients, courts, and society.

Here’s a comprehensive explanation of the topics:

1. Bench-Bar Relations

Definition:

 Bench-Bar Relations refer to the professional

relationship between the judiciary (Bench) and the
legal fraternity (Bar).
 It is essential for the effective administration of
justice and the smooth functioning of the legal
system.

Significance:

1. Mutual Respect:
a. Judges and advocates must respect each other’s
roles to uphold the dignity of the judiciary.
b. Judges rely on lawyers for accurate
representation of facts and law.
c. Lawyers rely on judges for impartial and fair
adjudication.
2. Integrity of Justice:
 a. A harmonious Bench-Bar relationship ensures
justice delivery without bias or inefficiency.
3. Public Trust:
a. The public’s confidence in the judicial system
depends on the professionalism and ethical
conduct of both judges and advocates.

Principles of Bench-Bar Relations:

 Decorum in Courtroom:
o Advocates must maintain courtroom decorum by
adhering to procedural rules and showing
deference to the Bench.
 Constructive Criticism:
o Lawyers can critique judicial decisions
constructively but must avoid disrespect or
contempt.
 Judicial Temperament:
o Judges must remain impartial, patient, and
respectful towards advocates, even during
disagreements.

Challenges:

1. Lack of Mutual Understanding:

a. Miscommunication or misunderstandings
between the Bench and Bar can disrupt court
proceedings.
2. Contempt of Court:
a. Aggressive behavior by advocates or intolerant
reactions from judges can lead to contempt
 proceedings, affecting the professional
atmosphere.
3. Overstepping Boundaries:
a. Advocates should not misuse their proximity to
the Bench to gain undue favors, and judges
must avoid favoritism.

2. Code of Ethics for Judges

Definition:

 The Code of Ethics for Judges refers to a set of

principles and guidelines that ensure judges perform
their duties with integrity, impartiality, and fairness.

Sources of Judicial Ethics:

 Restatement of Values of Judicial Life (1997):

Adopted by the Supreme Court of India.
 Bangalore Principles of Judicial Conduct (2002):
International standards for judicial ethics.

Key Ethical Principles:

1. Impartiality:
a. Judges must avoid any bias or prejudice in
decision-making.
b. They should not hear cases where they have
personal or financial interests.
2. Integrity:
a. Uphold honesty and high moral standards.
 b. Avoid corruption, favoritism, or improper
influence.
3. Judicial Independence:
a. Maintain independence from external pressures,
including political and personal influences.
b. Exercise judicial power solely based on the law.
4. Competence and Diligence:
a. Continuously update legal knowledge.
b. Decide cases promptly and provide reasoned
judgments.
5. Equality:
a. Treat all parties in the courtroom with respect
and without discrimination.
6. Propriety:
a. Avoid activities that may compromise public
perception of the judiciary's integrity (e.g.,
personal relationships with advocates appearing
before them).
b. Maintain discretion in social and financial
matters.

Judicial Accountability:

 Judges (Inquiry) Act, 1968: Provides for the

removal of judges of the Supreme Court or High
Courts for misbehavior or incapacity.
 In-House Procedure (1999): Supreme Court
guidelines for handling complaints against judges.
3. Lawyers as Officers of the Court

Definition:

 As Officers of the Court, lawyers are responsible

for assisting the judiciary in the administration of
justice. Their role extends beyond client advocacy to
include ethical and professional conduct that upholds
the rule of law.

Responsibilities as Officers of the Court:

1. Duty to Assist the Court:

a. Present facts and legal arguments truthfully and
clearly.
b. Avoid misleading the court by withholding
material information.
2. Duty to Maintain the Integrity of the Legal
System:
a. Uphold professional ethics and avoid actions that
harm the judiciary's reputation.
b. Support the enforcement of laws and judicial
orders.
3. Duty to Clients vs. Duty to the Court:
a. While advocates represent their clients
zealously, they must not violate legal or ethical
principles to win cases.
b. If a client demands unethical behavior, the
lawyer must refuse.
4. Duty to Ensure Justice:
 a. Advocate in a manner that promotes justice and
fairness.
b. Refrain from frivolous litigation or unnecessary
delays.

Ethical Standards:

 Bar Council of India Rules: Outline lawyers’ duties

toward clients, courts, colleagues, and society.
 Contempt of Court Act, 1971: Lawyers must avoid
actions that may disrupt the court or disrespect
judicial authority.

Challenges:

 Conflict of Interest:
o Balancing the lawyer’s duty to the client and the
court can be challenging in contentious cases.
 Unethical Practices:
o Bribery, collusion, or manipulation by advocates
undermine the justice system.
 Lack of Competence:
o Inefficient representation hampers judicial
functioning.

Interconnection Between Topics

 Bench-Bar Relations depend on mutual respect,

effective communication, and adherence to ethical
principles by both lawyers and judges.
  The Code of Ethics for Judges ensures that the
judiciary remains impartial and upholds justice, while
lawyers as Officers of the Court complement this
by maintaining professionalism and assisting the
Bench in decision-making.
 Together, they contribute to the integrity and
effectiveness of the legal system, fostering public
trust in justice delivery.

Conclusion

Bench-Bar relations, judicial ethics, and lawyers' roles as

officers of the court form the backbone of a functional
and credible legal system. Upholding these principles
ensures justice, fairness, and the rule of law, fostering
public confidence in the judiciary.