LEGAL ETHICS AND COURT CRAFT
UNIT-1
Supreme Court Rules, 1966 & Delhi High Court
Rules, 1967
TOPIC
ADVOCATE & THEIR COURSE OF CONDUCT
(UNIT-1 a) i))
Dr. Alankrita
Assistant Professor
DME Law School
a.mathur@dme.ac.in
Objectives and Learning Outcome
• To impart knowledge as to profession’s
values, ethics, and standards among students.
• Students will be equipped to face
professional dilemma and solve real life
problems.
• Develops critical and pragmatic thinking and
commitment to the profession through the
court craft skills.
Suggested Readings
• Supreme Court Rules, 1966.
• Supreme Court Rules, 2013.
• Handbook on Practice and Procedure and
Office Procedure, Supreme Court of India,
2017.
• https://main.sci.gov.in/pdf/LU/ppop2017.pdf
• https://main.sci.gov.in/sites/default/files/Supr
eme%20Court%20Rules%2C%202013.pdf
Advocate and their Course of Conduct
• Under Supreme Court Rules, 1966 [Please
refer Supreme Court Rules, 2013 for New
Rules]-
Definition of-
• ‘Advocate’- Order I, Rule 2(1)(a).
• ‘Advocate on Record’- Order I, Rule
2(1)(b).
• ‘Senior Advocate’- Order I, Rule 2(1)(q).
• Advocates and Course of Conduct- Order
IV.
Advocate and their Course of Conduct
Order IV of the SC Rules, 1966. [Also Refer
order IV of SC Rules, 2013]
• The Chief Justice and the Judges may, with
the consent of the advocate, designate an
advocate as senior advocate if in their
opinion by virtue of his ability, [standing at
the Bar or special knowledge or experience
in law] the said advocate is deserving of such
distinction.
(b) A senior advocate shall not-
(i) file a vakalatnama or act in any Court or
Tribunal in India;
(ii) appear without an advocate on record in the
Court or without a junior in any other Court or
Tribunal in India;
(iii) accept instructions to draw pleadings or
affidavits, advise on evidence or do any drafting
work of an analogous kind in any Court or
Tribunal in India or
undertake conveyancing work of any kind
whatsoever but this prohibition shall not extend to
settling any such matter as aforesaid in consultation
with a junior;
(iv) accept directly from a client any brief or
instructions to appear in any Court or Tribunal in
India.
• Upon an advocate being designated as a senior
advocate, the Registrar shall communicate to all
the High Courts and the Secretary to the Bar
Council of India [and the Secretary of the State
Bar Council concerned] the name of the said
Advocate and the date on which he was so
designated.
• Every advocate appearing before the
Court shall wear such robes and costume
as may from time to time be directed by
the Court.
• Advocate on record shall be entitled to
file an appearance or act for a party in
the Court.
• Advocate on Record should not indulge
in any misconduct or of conduct
unbecoming of an advocate on record.
• Any advocate on record may at any time by
letter request the Registrar to remove his name
from the register of advocates on record,
absolutely or subject to his continuing to act as
advocate on record in respect of all or any of the
pending cases in which he may have filed a
vakalatnama, of which he shall file a list. The
Registrar shall thereupon remove his name from
the register of advocates on record, absolutely
or subject as aforesaid.
• No advocate other than an advocate on record
shall appear and plead in any matter unless he is
instructed by an advocate on record.
CONCLUSION
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.
(BCI Rules)