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- -- some bar stuff ------------------------------------------------------------------------------------------------------------
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- -- bar exam ------------------------------------------------------------------------------------------------------------------------
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- -- ethics of counsel ---------------------------------------------------------------------------------------------------------------
- ETHICS OF COUNSEL
- I - DUTIES TO RULES OF COUNSEL TO THE COURT
- 1.1 Act with dignity
- When presenting a case and when acting in court, a lawyer must act with dignity. He must behave with self-respect at all times. However, whenever there is a valid reason for a serious complaint against a judicial officer, the lawyer has the right and the duty to submit his complaint to the competent authorities.
- 1.2 Respect the court
- A lawyer should always show respect to the court. A defender should keep in mind that dignity and respect for the judiciary are essential to the survival of a free community.
- 1.3 No private communication
- A lawyer should not communicate privately with a judge on any matter pending before the judge or any other judge. A lawyer should not influence a court's decision to use illegal or inappropriate means such as coercion (convincing), bribery, etc.
- 1.4 Refuse to act illegally towards the opposition
- A lawyer should refuse to act illegally or inappropriately towards the opposing lawyer or opposing parties. He must also do his best to prevent and prevent his client from acting in an illegal or inappropriate manner or using unfair practices towards the judiciary, the opposing lawyer or the opposing parties.
- 1.5 Refusing to represent clients who insist on unfair means
- A lawyer should refuse to represent any client who insists on using unfair or inappropriate means. He should not blindly follow the client's instructions. He must be worthy of the use of his language in correspondence and during oral argument. It must not disgracefully damage the reputation of the parties for false reasons during pleadings. He must not use unparliamentary language during debates in court.
- 1.6 Appear in the Appropriate Dress Code
- A lawyer should only appear in court at all times, in the attire prescribed by the rules of the Bar Council of India and his appearance should always be presentable.
- 1.7 Refuse to appear before relations
- A lawyer must not appear, act, plead or exercise in any way before a judicial authority if the sole or one of the members of the tribunal is related to the lawyer as father, grandfather, son , grandson, uncle, brother, nephew, cousin.
- 1.8 Bound to accept briefs
- (Definition) Brief: A "brief" is a written document addressed to an authority, or even to a court, to expose a situation and assert legal means intended to obtain a right or an advantage in relation to the situation described therein. A lawyer is bound to accept any brief before the courts or tribunals or before any other authority in or before which he proposes to practice. He should receive a fee equivalent to the fees received by his fellow lawyers in relation to his status at the bar and the nature of the case. Special circumstances may justify its refusal to accept a particular file.
- 1.9 Do not withdraw from service
- A lawyer should not normally withdraw from service after agreeing to serve. He can only withdraw if he has sufficient reason and by giving reasonable and sufficient notice to the client. In the event of withdrawal, he will reimburse part of the costs that have not been accumulated by the customer.
- 1.10 Not appearing in cases where he is himself a witness
- A lawyer should not accept a brief or appear in a case in which he is himself a witness. He will be obliged to withdraw from the case without compromising the interests of his client.
- 1.11 Client interest
- It will be the duty of a lawyer to defend the interests of his client without fear by fair and honorable means. A lawyer should do this without considering the unpleasant consequences for himself or for any other person. He will defend a person accused of a crime regardless of his personal opinion as to the guilt of the accused. A lawyer should always remember that his loyalty to the law requires that no man be punished without sufficient evidence.
- II - RULES FOR DUTIES OF A LAWYER TO CUSTOMER
- 2.1 Do not suppress material or evidence
- A lawyer appearing in criminal court must conduct the proceedings in a way that does not lead to the conviction of the innocent. Under no circumstances should a lawyer suppress any evidence or evidence that proves the innocence of the accused.
- 2.2 Not disclosing the communications between the client and himself
- A lawyer must in no case, directly or indirectly, disclose the communications made by his client. He will also not disclose any advice he has given in the proceedings. However, he is likely to disclose the information if he violates Section 126 of the Indian Evidence Act, 1872.
- 2.
- 2.4 Informs the client about the amounts
- When an amount is received or given to him on behalf of his client, the lawyer must immediately inform the client of the fact of this receipt.
- 2.5 Adjusting costs after the end of the procedure
- A lawyer should, after the end of the procedure, be free to adjust the costs due to him from the client's account. The account balance can be the amount paid by the customer or an amount from this procedure. Any amount remaining after deducting fees and expenses from the account must be returned to the customer.
- 2.6 Do not lend money to your client
- A lawyer should not lend money to his client for the purpose of any legal action or proceeding in which he is engaged by that client. A lawyer cannot be found guilty of breaking this rule if, in the course of a pending action or proceeding, and without arrangement with the client, the lawyer is compelled, by virtue of making a payment to the Court on account of the client for the advancement of the prosecution or the procedure.
- 2.7 Not to appear for opposing parties
- A lawyer who has advised a party in connection with the institution of a lawsuit, appeal or other matter or who has made pleadings or has acted for a party does will not act, appear or plead for the opposing party in the same matter.
- III - RULES FOR DUTY OF LAWYER TO OPPONENTS
- 3.1 Do not negotiate directly with the opposing party
- A lawyer should not in any way communicate or negotiate or call for a settlement on the subject of the controversy with any party represented by a lawyer, except through the lawyer representing the parties .
- 3.2 Fulfilling Legitimate Promises Made
- A lawyer should do their best to fulfill all legitimate promises made to the opposing party, even if they are not in writing or enforceable under the rules of the court.
- IV - RULES FOR DUTY OF COUNSEL TO LAWYERS FOLLOWING
- 4.3 Not to promote the unauthorized practice of law
- A lawyer must not allow his professional services or his name to be used to promote or initiate an unauthorized practice of law.
- 4.4 A lawyer should not accept fees that are less than the costs, which may be imposed under the rules when the client is able to pay more.
- -- justice ----------------------------------------------------------------------------------------------------------------------
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