Senior Advocates shall, in the matter of their practice of the profession of law

mentioned in Section 30 of the Act, be subject to the following restrictions:

 
(a)      A Senior Advocate shall not file a vakalatnama or act in any Court, or
Tribunal, or before any person or other authority mentioned in Section
30 of the Act.
 
Explanation: “To Act” means to file an appearance or any pleading or
application in any court, to Tribunal or before any person or other
authority mentioned in Section 30 of the Act, or to do any act other than
pleading required or authorised by law to be done by a party in such
Court, or Tribunal, or before any person or other authority mentioned in
the said Section either in person or by his recognised agent or by an
advocate or an attorney on his behalf.
 
(b)       (i)      A senior Advocate shall not appear without an Advocate on
Record in the Supreme Court or without an Advocate in Part II of
the State Roll in any court, or tribunal, or before any person or
other authorities mentioned in Section 30 of the Act.
 
(ii)      Where a Senior Advocate has been engaged prior to the coming
into force of the Rule in this Chapter, he shall not continue
thereafter unless an Advocate in Part II of the State Roll is
engaged along with him. Provided that a Senior Advocate may
continue to appear without an Advocate in Part II of the State Roll
in cases in which he had been briefed to appear for the
prosecution or the defence in a criminal case, if he was so briefed
before he is designated as a Senior Advocate or before coming
into operation of the rules in this Chapter as the case may be.
 
(c)      He shall not accept instructions to draft pleading or affidavits, advice on
evidence or to do any drafting work of an analogous kind in any Court or
Tribunal, or before any person or other authority mentioned in Section
30 of the Act or undertake conveyancing work of any kind whatsoever.
This restriction however shall not extend to settling any such matter as
aforesaid in consultation with an Advocate in Part II of the State Roll.
 
(cc)    A Senior Advocate shall, however, be free to make concessions or give
undertakings in the course of arguments on behalf of his clients on
instructions from the junior Advocate.
 
 (d)      He shall not accept directly from a client any brief or instructions to
appear in any Court or Tribunal, of before any person or other authority
in India.
 
(e)      A Senior Advocate who had acted as an Advocate (Junior) in a case,
shall not after he has been designated as a Senior Advocate advise on
grounds of appeal in a Court of Appeal or in the Supreme Court, except
with an advocate as aforesaid.
 
(f)       A Senior Advocate may in recognition of the services rendered by an
Advocate in Part II of the State Roll appearing in any matter pay him a
fee, which he considers reasonable.
 
 
CHAPTER II
STANDARDS OF PROFESSIONAL CONDUCT AND
ETIQUETTE
 
(Rules under Section 49(1)(c) of the Act read with the Proviso
thereto)
 
Preamble
 
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
gentleman, 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.
 
SECTION I - DUTY TO THE COURT
 
1.        An Advocate shall, during the presentation of his case and while
otherwise acting before a Court, conduct himself with dignity and self-
respect. He shall not be servile and whenever there is proper ground for
 serious complaint against a judicial officer, it shall be his right and duty
to submit his grievance to proper authorities.
 
2.        An Advocate shall maintain towards the Courts a respectful attitude,
bearing in mind that the dignity of the judicial office is essential for the
survival of a free community.
 
3.        An Advocate shall not influence the decision of a Court by any illegal or
improper means. Private communications with a judge relating to a
pending case are forbidden.
 
4.        An Advocate shall use his best efforts to restrain and prevent his client
from resorting to sharp or unfair practices or from doing anything in
relation to the Court, opposing counsel or parties which the Advocate
himself ought not to do. An Advocate shall refuse to represent the client
who persists in such improper conduct. He shall not consider himself a
mere mouth-piece of the client, and shall exercise his own judgement in
the use of restrained language in correspondence, avoiding scurrilous
attacks in pleadings, and using intemperate language during arguments
in Court.
 
5.        An Advocate shall appear in Court at all times only in the prescribed
dress, and his appearance shall always be presentable.
 
6.        An Advocate shall not enter appearance, act, plead or practise in any
way before a Court, Tribunal or Authority mentioned in Section 30 of
the Act, if the sole or any member thereof is related to the Advocate as
father, grandfather, son, grand-son, uncle, brother, nephew, first cousin,
husband, wife, mother, daughter, sister, aunt, niece, father-in-law,
mother-in-law, son-in-law, brother-in-law, daughter-in-law or sister-in
law.
 
For the purposes of this rule, Court shall ban a Court, Bench or tribunal
in which above mentioned relation of the Advocate is a Judge, Member
or the Presiding Officer.
 
7.        An Advocate shall not wear bands or gown in public places other than in
Courts except on such ceremonial occasions and at such places as the
Bar Council of India or the Court may prescribe.
 
 8.        An Advocate shall not appear in or before any Court or Tribunal or any
other authority for or against an Organisation or an institution, society or
corporation, if he is a member of the Executive Committee of such
Organisation or institution or society or corporation. “Executive
Committee”, by whatever name it may be called, shall include any
Committee or body of persons which, for the time being, is vested with
the general management of the affairs of the Organisation or institution,
society or corporation.
 
PROVIDED that this rule shall not apply to such a member appearing as
“ amicus curiae” or without a fee on behalf of a Bar Council,
Incorporated Law Society or a Bar Association.
 
9.        An Advocate should not act or plead in any matter in which he is
himself pecuniarily interested.
 
Illustration:
 
I.        He should not act in a bankruptcy petition when he himself is also
a creditor of the bankrupt.
 
II.       He should not accept a brief from a company of which he is a
Director.
 
10.      An Advocate shall not stand as a surety, or certify the soundness of a
surety for his client required for the purpose of any legal proceedings.
 
SECTION II - DUTY TO THE CLIENT
 
11.      An Advocate is bound to accept any brief in the Courts or Tribunals or
before any other authority in or before which he professes to practise at a
fee consistent with his standing at the Bar and the nature of the case.
Special circumstances may justify his refusal to accept a particular brief.
 
12.      An Advocate shall not ordinarily withdraw from engagements once
accepted, without sufficient cause and unless reasonable and sufficient
notice is given to the client. Upon his withdrawal from a case, he shall
refund such part of the fee as has not been earned.
 
13.      An Advocate should not accept a brief or appear in a case in which he
has reason to believe that he will be a witness and if being engaged in a
 case, it becomes apparent that he is a witness on a material question of
fact, he should not continue to appear as an Advocate if he can retire
without jeopardising his client’s interests.
 
14.      An Advocate shall at the commencement of his engagement and during
the continuance thereof make all such full and frank disclosures to his
client relating to his connection with the parties and any interest in or
about the controversy as are likely to affect his client’s judgement in
either engaging him or continuing the engagement.
 
15.      It shall be the duty of an Advocate fearlessly to uphold the interests of
his client by all fair and honourable means without regard to any
unpleasant consequences to himself or any other. He shall defend a
person accused of a crime regardless of his personal opinion as to the
guilt of the accused, bearing in mind that his loyalty is to the law which
requires that no man should be convicted without adequate evidence.
 
16.      An Advocate appearing for the prosecution in a criminal trial shall so
conduct the prosecution that it does not lead to conviction of the
innocent. The suppression of material capable of establishing the
innocence of the accused shall be scrupulously avoided.
 
17.      An Advocate shall not directly or indirectly, commit a breach of the
obligations imposed by Sec. 126 of the Indian Evidence Act.
 
18.      An Advocate shall not at any time, be a party to fomenting of litigation.
 
19.      An Advocate shall not act on the instructions of any person other than
his client or his authorised agent.
20.      An Advocate shall not stipulate for a fee contingent on the results of
litigation or agree to share the proceed thereof.
 
21.      An Advocate shall not buy or traffic in or stipulate for or agree to
receive any share or interest in any actionable claim. Nothing in this
Rule shall apply to stock, shares and debentures or Government
securities, or to any instruments, which are, for the time being, by law or
custom negotiable, or to any mercantile document of title to goods.
 
22.      An Advocate shall not, directly or indirectly, bid for or purchase, either
in his own name or in any other name, for his own benefit or for the
benefit of any other person, any property sold in the execution of a
 decree or order in any suit, appeal or other proceeding in which he was
in any way professionally engaged. This prohibition, however, does not
prevent an Advocate from bidding for or purchasing for his client any
property, which his client may, himself legally bid for or purchase,
provided the Advocate is expressly authorised in writing in this behalf.
 
23.      An Advocate shall not adjust fee payable to him by his client against his
own personal liability to the client, which liability does not arise in the
course of his employment as an Advocate.
 
24.      An Advocate shall not do any thing whereby he abuses or takes
advantage of the confidence reposed in him by his client.
 
25.      An Advocate should keep accounts of the client’s money entrusted to
him, and the accounts should show the amounts received from the client
or on his behalf, the expenses incurred for him and the debits made on
account of fees with respective dates and all other necessary particulars.
 
26.      Where moneys are received from or on account of a client, the entries in
the accounts should contain a reference as to whether the amounts have
been received for fees or expenses, and during the course of the
proceedings, no Advocate shall, except with the consent in writing of the
client concerned, be at liberty to divert any portion of the expenses
towards fees.
 
27.      Where any amount is received or given to him on behalf of his client the
fact of such receipt must be intimated to the client as early as possible.
 
28.      After the termination of the proceeding the Advocate shall be at liberty
to appropriate towards the settled fee due to him any sum remaining
unexpended out of the amount paid or sent to him for expenses, or any
amount that has come into his hands in that proceeding.
 
29.      Where the fee has been left unsettled,the Advocate shall be entitled to
deduct, out of any moneys of the client remaining in his hands, at the
termination of the proceeding for which he had been engaged, the fee
payable under the rules of the Court, in force for the time being, of by
then settled and the balance, if any, shall be refunded to the client.
 
30.      A copy of the client’s account shall be furnished to him on demand
provided the necessary copying charge is paid.
  
31.      An Advocate shall not enter into arrangements whereby funds in his
hands are converted into loans.
 
32.      An Advocate shall not lend money to his client for the purpose of any
action or legal proceedings in which he is engaged by such client.
 
Explanation: An Advocate shall not be held guilty for a breach of this
rule, if in the course a pending suit or proceeding, and without any
arrangement with the client in respect of the same, the Advocate feels
compelled by reason of the rule of the Court to make a payment to the
Court on account of the client for the progress of the suit of proceeding.
 
33.      An Advocate who has, at any time, advised in connection with the
institution of a suit, appeal or other matter or has drawn pleadings, or
acted for a party shall not act, appear or plead for the opposite party.
 
SECTION III - DUTY TO OPPONENT
 
34.      An Advocate shall not in any way communicate or negotiate upon the
subject matter of controversy with any party represented by an Advocate
except through that Advocate.
 
35.      An Advocate shall do his best to carry out all legitimate promises made
to the opposite party even though not reduced to writing or enforceable
under the rules of the Court.
 
SECTION IV - DUTY TO COLLEAGUES
 
36.      An Advocate shall not solicit work or advertise, either directly or
indirectly, whether by circulars, advertisements, touts, personal
communications, interviews not warranted by personal relations,
furnishing or inspiring newspaper comments or producing his
photograph to be published in connection with cases in which he has
been engaged or concerned. His sign-board or name plate should be of a
reasonable size. The sign-board or name-plate or stationery should not
indicate that he is or has been President or Member of a Bar Council or
of any Association or that he has been associated with any person or
Organisation or with any particular cause or matter or that he specialises
in any particular type of work or that he has been a Judge or an Advocate
General.
  
37.      An Advocate shall not permit his professional services or his name to be
used in aid of, or to make possible, the unauthorised practice of law by
any agency.
 
38.      An Advocate shall not accept a fee less than the fee taxable under the
rules when the client is able to pay the same.
 
39.      An Advocate shall not enter appearance in any case in which there is
already a vakalatnama or memo of appearance filed by an Advocate
engaged for a party except with his consent; in case such consent is not
produced he shall apply to the Court stating reasons why the said consent
should not be produced and he shall appear only after obtaining the
permission of the Court.
 
SECTION IV - A
 
40.      Every Advocate borne on the rolls of the State Bar Council shall pay to
the State Bar Council a sum of Rs. 90/- every third year commencing
from lst April, 1993 along with a statement of particulars as given in the
form set out at the end of these Rules, the first payment to be made on or
before 1st April, 1993 or such extended time as notified by the Bar
Council of India or the concerned State Bar Council:
 
PROVIDED FURTHER however that an Advocate shall be at liberty
to pay in lieu of the payment of Rs. 90/- every three years a consolidated
amount of Rs. 300/-. This will be a life time payment to be kept in the
fixed deposit by the concerned State Bar Council and interest to be used
for the purpose of this rule. However, payment made by the concerned
Advocate before this consolidated payment shall be exclusive of it and
no credit shall be given for the payment, but those Advocates who have
paid consolidated amount of Rs. 200/- only as a consolidated amount of
Rs. 100/- will be required to pay.
 
Explanation 1 : Statement of particulars as required by rule 40 in the
form set out shall require to be submitted only once in three years.
 
Explanation 2: All Advocates who are in actual practice and are not
drawing salary of not in full time service and not drawing salary from
their respective employers are only required to pay the amount referred
to in this rule.
 
Explanation 3: This rule will be effective from 1-4-1994 and for period
prior to this Advocates will continue to be covered by this Rule.
 
41.       (1)     All the sums so collected by the State Bar Council in accordance
with Rule 40 shall be credited in a separate fund known as “Bar
Council of India Advocates welfare Fund for the State” and shall
be deposited in the bank as provided hereunder.
 
(2)      The Bar Council of India Advocates Welfare Fund Committee for
the State shall remit 20% of the total amount collected and
credited to its account, to the Bar Council of India by the end of
every month which shall be credited by the Bar Council of India
and the Bar Council of India shall deposit the said amount in a
separate fund to be known as “BAR COUNCIL OF INDIA
ADVOCATES WELFARE FUND”. This fund shall be managed
by the Welfare Committee of the Bar Council of India in the
manner prescribed from time to time by the Bar Council of India
for the Welfare of the Advocates.
 
(3)      The rest 80% of the total sum so collected by the Bar Council of
India Advocates Welfare Fund Committee for the State under
Rule 41(1) shall be utilised for the welfare of Advocates in respect
of Welfare Schemes sponsored by respective State Bar Councils
and this fund shall be administered by the Advocates Welfare
Committee for the State which shall submit its report annually to
the Bar Council of India.
 
(4)      In case of transfer of an Advocate from one State Bar Council to
other State Bar Council, 80% of the total sum collected so far in
respect of that Advocate by the Bar Council of India Advocates
Welfare Committee for the State under Rule 41(l) where the said
Advocate was originally enrolled, would get transferred to the
Advocates Welfare Fund Committee of the Bar Council of India
for the State to which the said Advocate has got himself
transferred.
 
42.      If any Advocate fails to pay the aforesaid sum within the prescribed time
as provided under rule 40, the Secretary of the State Bar Council shall
issue to him a notice to show cause within a month why his right to
practice be not suspended. In case the Advocate pays the amount
 together with late fee of Rs. 5/- per month, or a part of a month subject to
a maximum of Rs. 30/- within the period specified in notice, the
proceedings shall be dropped. If the Advocate does not pay the amount
or fails to show sufficient cause, a Committee of three members
constituted by the State Bar Council in this behalf may pass an order
suspending the right of the Advocate to practice:
 
PROVIDED that the order of suspension shall cease to be in force when
the Advocate concerned pays the amount along with a late fee of Rs. 50/-
and obtains a certificate in this behalf from the State Bar Council.
 
43.      An Advocate who has been convicted of an offence mentioned under
section 24A of the Advocates Act has been declared insolvent or has
taken full time service or part time service or engages in business or any
avocation inconsistent with his practising as an Advocate or has incurred
any disqualification mentioned in the Advocates Act or the rules made
thereunder, shall send a declaration to that effect to the respective State
Bar Council in which the Advocate is enrolled, within ninety days from
the date of such disqualification. If the Advocate does not file the said
declaration or fails to show sufficient cause for not filing such
declaration provided therefor, the Committee constituted by the State
Bar Council under rule 42 may pass orders suspending the right of the
Advocate to practise:
 
PROVIDED that it shall be open to the Committee to condone the delay
on an application being made in this behalf :
 
PROVIDED FURTHER that an Advocate who had after the date of his
enrolment and before the coming into force of this rule, become subject
to any of the disqualifications mentioned in this rule, shall within a
period of ninety days of the coming into force of this rule send
declaration referred to in this rule to the respective State Bar Council in
which the Advocate is enrolled and on failure to do so by such Advocate
all the provisions of this rule would apply.
 
44.      An appeal shall lie to the bar councils of India at the instance of an
aggrieved Advocate within a period of thirty days from the date of the
order passed under Rules 42 and 43.
 
44A.      (1)    There shall be a Bar Council of India Advocates Welfare
Committee, consisting of five members elected from amongst the
 members of the Council. The term of the members of the
Committee shall be co-extensive with their term in the Bar
Council of India.
 
(2)       (i)      Every State Council shall have an Advocate Welfare
Committee known as Bar Council of India Advocates
Welfare Committee for the State.
 
(ii)      The Committee shall consist of member Bar Council of
India from the State concerned who shall be the Ex-Officio
Chairman of the Committee and two members elected from
amongst the members.
 
(iii)      The Secretary of the State Bar Council concerned will act
as Ex-Officio Secretary of the Committee.
 
(iv)     The term of the member, Bar Council of India in the
Committee shall be co-extensive with his term in the Bar
Council of India.
 
(v)      The term of the members elected from the State Bar
Council shall be two years.
 
(vi)     Two members of the Committee will form a quorum of any
meeting of the Committee.
 
(3)      Every State Bar Council shall open an account in the name of the
Bar Council of India Welfare Committee for the State, in any
Nationalised Bank.
 
(4)      No amount shall be withdrawn from the Bank unless that cheque
is signed by the Chairman of the Welfare Committee and its
Secretary.
 
(5)      The State Bar Council shall implement Welfare Schemes
approved by the Bar Council of India through Advocates Welfare
Committee as constituted under sub-clause (2)(i). The State Bar
Councils may suggest suitable modifications in the Welfare
Schemes of suggest more schemes, but such modification or such
suggested schemes shall have effect only after approval by the Bar
Council of India.
  
(6)      The State Bar Council shall maintain separate account in respect
of the Advocate Welfare Fund which shall be audited annually
along with other accounts of the State Bar Council and send the
same along with Auditors Report to the Bar Council of India:
 
PROVIDED that the Bar Council of India Advocates Welfare
Fund Committee for the State shall be competent to appoint its
own staff in addition to the staff of the Bar Council of the State
entrusted with duty to maintain the account of the Fund if their
funds are adequate to make such appointment. The salary and
other conditions of the said staff be determined by the Bar
Council of India Advocates Welfare Fund Committee for the
State:
 
PROVIDED FURTHER that Chairman of the Bar Council of India
Advocates Welfare Fund Committee for the State shall be competent to
make temporary appointment for a period not exceeding six months in
one transaction if the situation so requires subject to availability of fund
in the said Committee for making such appointment.
 
44B.    The Bar Council of India shall utilise the funds received under Rule
41(2) in accordance with the schemes which may be framed from time to
time.
 
FORM UNDER RULE 40
 
The Bar Council .....................
...........................
Dear Sirs,
 
(1)      I am enclosing herewith a Postal Order / Bank Draft / Cash
for ........................ being the payment under Rule 40, Chapter II, Part VI
of the Rules of the Bar Council of India.
(2)      I am enrolled as an Advocate on the Rolls of your State Bar Council.
(3)      I am ordinarily practising at ........................................ in the territory /
State of ..........................
(4)      I am a member of the.......................... Bar Association / not a member of
any Bar Association.
(5)      My present address is ............................
 
 Dated
Place
Signature
Name in block letters
Enrolment No ............
 
Received a sum of Rs. 30/- from............ towards payment under Rule 40,
Chapter II, Part VI of the Rules of the Bar Council of India by way of Postal
Order / Bank Draft / Cash on .......................................
Dated:
Place:
Secretary
Bar Council of .......................
 
SECTION V - DUTY IN IMPARTING TRAINING
 
45.      It is improper for an Advocate to demand or accept fees or any premium
from any person as a consideration for imparting training in law under
the rules prescribed by a State Bar Council to enable such person to
qualify for enrolment under the Advocates Act, 1961.
 
SECTION VI - DUTY TO RENDER LEGAL AID
 
46.      Every Advocate shall in the practice of the profession of law bear in
mind that any one genuinely in need of a lawyer is entitled to legal
assistance even though he cannot pay for it fully or adequately and that
within the limits of an Advocate’s economic condition, free legal
assistance to the indigent and oppressed is one of the highest obligations
an Advocate owes to society.
 
SECTION VII - RESTRICTION ON THEIR EMPLOYMENTS
 
47.      An Advocate shall not personally engage in any business; but he may be
a sleeping partner in a firm doing business provided that, in the opinion
of the appropriate State Bar Council, the nature of the business is not
inconsistent with the dignity of the profession.
 
48.      An Advocate may be Director or Chairman of the Board of Directors of
a company with or without any ordinary sitting fee, provided none of his
duties are of an executive character. An Advocate shall not be a
Managing Director or a Secretary of any company.
 
49.      An Advocate shall not be a full-time salaried employee of any person,
government, firm, corporation or concern, so long as he continues to
practise, 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
Government of a State or of any Public Corporation or body constituted
by statute who is entitled to be enrolled under the rules of his State Bar
Council made under Section 28(2)(d) read with Section 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 terms,
is required to act and / or plead in Courts on behalf of his employer.
 
50.      An Advocate who has inherited, or succeeded by survivorship to, a
family business may continue it, but may not personally participate in
the management thereof. He may continue to hold a share with others in
any business which has decended to him by survivorship or inheritance
of by will, provided he does not personally participate in the
management thereof.
 
51.      An Advocate may review Parliamentary Bills for a remuneration, edit
legal text books at a salary, do press-vetting for newspapers, coach
pupils for legal examination, set and examine question papers; and,
subject to the rules against advertising and full-time employment, engage
in broadcasting journalism, lecturing and teaching subjects, both legal
and non-legal.
 
52.      Nothing in these rules shall prevent an Advocate from accepting, after
obtaining the consent of the State Bar Council part-time employment
provided that in the opinion of the State Bar Council the nature of the
employment does not conflict with his professional work and is not
inconsistent with the dignity of the profession. This rule shall be subject
to such directives if any as may be issued by the Bar Council of India
from time to time.
 
CHAPTER III
  
CONDITIONS FOR RIGHT TO PRACTICE
 
(Rules under Section 49(l)(ah) of the Act)
 
1.        Every Advocate shall be under an obligation to see that his name
appears on the roll of the State Council within whose jurisdiction he
ordinarily practices:
 
PROVIDED that if an Advocate does not apply for transfer of his name
to the roll of the State Bar Council within whose jurisdiction he is
ordinarily practising within six months of the start of such practice, it
shall be deemed that he is guilty of professional misconduct within the
meaning of section 35 of the Advocates Act.
 
2.        An Advocate shall not enter into a partnership of any other arrangement
for sharing remuneration with any person or legal Practitioner who is not
an Advocate.
3.        Every Advocate shall keep informed the Bar Council on the roll of
which his name stands, of every change of his address.
4.        The Council or a State Council can call upon an Advocate to furnish the
name of the State Council on the roll of which his name is entered, and
call for other particulars.
 
5.         (1)     An Advocate who voluntarily suspends his practice for any
reason whatsoever, shall intimate by registered post to the State
Bar Council on the rolls of which his name is entered, of such
suspension together with his certificate of enrolment in original.
 
(2)      Whenever any such Advocate who has suspended his practice
desires to resume his practice, he shall apply to the Secretary of
the State Bar Council for resumption of practice, along with an
affidavit stating whether he has incurred any of the
disqualifications under Section 24A, Chapter III of the Act during
the period of suspension.
 
(3).     The Enrolment Committee of the State Bar Council may order the
resumption of his practice and return the certificate to him with
necessary endorsement. If the Enrolment Committee is of the
view that the Advocate has incurred any of the disqualifications
 the Committee shall refer the matter under proviso to Section 26
(1) of the Act.
 
(4)      On suspension and resumption of practice the Secretary shall
attain terms of Rule 24 of Part IX.
 
6.        An Advocate whose name has been removed by order of the Supreme
Court or a High Court or the Bar Council as the case may be, shall not be
entitled to practice the profession of law either before the Court and
authorities mentioned under Section 30 of the Act, or in chambers, or
otherwise.
 
An Advocate who is under suspension, shall be under the same disability
one in which he held office.
 
7.        An officer after his retirement or otherwise ceasing to be in service shall
not practice for a period of 2 years in the area in which he exercised
jurisdiction for a period of 3 years before his retirement of otherwise
ceasing to be in service.
 
Explanation: ‘Officer’ shall include a Judicial Officer, Additional Judge
of the High Court and Presiding Officer or Member of the Tribunal or
authority or such other Officer or authority as referred to in Section 30 of
the Act.
 
“Area” shall mean area in which the person concerned exercising
jurisdiction.
 
8.        No Advocate shall be entitled to practice if in the opinion of the Council
he is suffering from such contagious disease as makes the practice of law
a hazard to the health of others. This disqualification shall last for such
period as the Council directs from time to time.
 

 
 
CHAPTER IV
  
FORM OF DRESSES OR ROBES TO BE WORN BY
ADVOCATES
(Rules under Section 49(1)(gg) of the Act)
 
Advocates appearing in the Supreme Court, High Courts, Subordinate
Courts, Tribunals or Authorities shall wear the following as part of their
dress which shall be sober and dignified: -
 
I.        Advocates other than lady Advocates
 
(a)      A black buttoned up coat, chapkan, achkan, black sherwani and
white bands with Advocates’ Gowns, or
 
(b)      A black open breast coat, white shirt, white collar, stiff or soft,
and white bands with Advocates’ Gowns.
 
In either case long trousers (white, black striped or grey) or Dhoti.
 
II.       Lady Advocates
 
(a)      Black and full or half sleeve jacket or blouse, white collar stiff or
soft, with white bands and Advocates’ Gowns.
White blouse, with or without collar, with white bands and with a
black open breast coat.
OR
(b)      Sarees of long skirts (white or black of any mellow of subdued
colour without any print or design) of Flare (white, black or black
striped or grey) or Punjabi dress churidar-kurta or salawar-kurta
with or without dupatta) white or black:
 
PROVIDED that the wearing of Advocates’ gowns shall be optional
except when appearing in the Supreme Court or in a High Court:
 
PROVIDED FURTHER that in courts other than the Supreme Court,
High Court, District Court, Sessions Court or City Civil Court a black tie
may be worn instead of bands.]
PART - VI RULES GOVERNING ADVOCATES CHAPTER -I Restrictions on Senior Advocates (Rules Under
Sections 16 (3) and 49 (1) (g) of the Act) Senior Advocates shall, in the matter of their practice of the
profession of law mentioned in Section 30 of the Act, be subject to the following restrictions: (a) A
Senior Advocate shall not file a vakalatnama or act in any Court, or Tribunal, or before any person or
other authority mentioned in Section 30 of the Act. Explanation : “To act” means to file an appearance
or any pleading or application in any court or Tribunal or before any person or other authority
mentioned in Section 30 of the Act, or to do any act other than pleading required or authorised by law
to be done by a party in such Court or Tribunal or before any person or other authorities mentioned in
the said Section either in person or by his recognised agent or by an advocate or an attorney on his
behalf. (b) (i) A Senior Advocate shall not appear without an Advocate on Record in the Supreme Court
or without an Advocate in Part II of the State Roll in any court or Tribunal or before any person or other
authorities mentioned in Section 30 of the Act. (ii) Where a Senior Advocate has been engaged prior to
the coming into force of the rules in this Chapter, he shall not continue thereafter unless an advocate in
Part II of the State Roll is engaged along with him. Provided that a Senior Advocate may continue to
appear without an advocate in Part II of the Sate Roll in cases in which he had been briefed to appear for
the prosecution or the defence in a criminal case, if he was so briefed before he is designated as a senior
advocate or before coming into operation of the rules in this Chapter as the case may be. (c) He shall not
accept instructions to draft pleading or affidavits, advice on evidence or to do any drafting work of an
analogous kind in any Court or Tribunal or before any person or other authorities mentioned in Section
30 of the Act or undertake conveyancing work of any kind whatsoever. This restriction however shall not
extend to settling any such matter as aforesaid in consultation with an advocate in Part II of the State
Roll. (cc) A Senior Advocate shall, however, be free to make concessions or give undertaking in the
course of arguments on behalf of his clients on instructions from the junior advocate. (d) He shall not
accept directly from a client any brief or instructions to appear in any Court or Tribunal or before any
person or other authorities in India. (e) A Senior Advocate who had acted as an Advocate (Junior) in a
case, shall not after he has been designated as a Senior Advocate advise on grounds of appeal in a Court
of Appeal or in the Supreme Court, except with an Advocate as aforesaid. (f) A Senior Advocate may in
recognition of the services rendered by an Advocate in PartII of the State Roll appearing in any matter
pay him a fee which he considers reasonable. CHAPTER - II Standards of Professional Conduct and
Etiquette (Rules under Section 49 (1) (c) of the Act read with the Proviso thereto) Preamble 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 gentleman, 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 others equally imperative though not specifically mentioned.
Section I - Duty to the Court 1. An advocate shall, during the presentation of his case and while
otherwise acting before a court, conduct himself with dignity and self-respect. He shall not be servile
and whenever there is proper ground for serious complaint against a judicial officer, it shall be his right
and duty to submit his grievance to proper authorities. 2. An advocate shall maintain towards the courts
a respectful attitude, bearing in mind that the dignity of the judicial office is essential for the survival of a
free community. 3. An advocate shall not influence the decision of a court by any illegal or improper
means. Private communications with a judge relating to a pending case are forbidden. 4. An advocate
shall use his best efforts to restrain and prevent his client from resorting to sharp or unfair practices or
from doing anything in relation to the court, opposing counsel or parties which the advocates himself
ought not to do. An advocate shall refuse to represent the client who persists in such improper conduct.
He shall not consider himself a mere mouth-piece of the client, and shall exercise his own judgement in
the use of restrained language in correspondence, avoiding scurrilous attacks in pleadings, and using
intemperate language during arguments in court. 5. An advocate shall appear in court at all times only in
the prescribed dress, and his appearance shall always be presentable. 6. An advocate shall not enter
appearance, act, plead or practise in any way before a court, Tribunal or Authority mentioned in Section
30 of the Act, if the sole or any member thereof is related to the advocate as father, grandfather, son,
grand-son, uncle, brother, nephew, first cousin, husband, wife, mother, daughter, sister, aunt, niece,
father-in-law, mother-in-law, son-inlaw, brother-in-law daughter-in-law or sister-in-law. *For the
purposes of this rule, Court shall mean a Court, Bench or Tribunal in which above mentioned relation of
the Advocate is a Judge, Member or the Presiding Officer. 7. An advocate shall not wear bands or gown
in public places other than in courts except on such ceremonial occasions and at such places as the Bar
Council of India or the court may prescribe. 8. An advocate shall not appear in or before any court or
tribunal or any other authority for or against an organisation or an institution, society or corporation, if
he is a member of the Executive Committee of such organisation or institution or society or corporation.
“Executive Committee ”, by whatever name it may be called, shall include any Committee or body of
persons which, for the time being, is vested with the general management of the affairs of the
organisation or institution, society or corporation. Provided that this rule shall not apply to such a
member appearing as “amicus curiae” or without a fee on behalf of a Bar Council, Incorporated Law
Society or a Bar Association. 9. An Advocate should not act or plead in any matter in which he is himself
pecuniarily interested. Illustration : I. He should not act in a bankruptcy petition when he himself is also
a creditor of the bankrupt. II. He should not accept a brief from a company of which he is a Director. 10.
An Advocate shall not stand as a surety, or certify the soundness of a surety for his client required for
the purpose of any legal proceedings. Section II Duty to the Client 11. An advocate is bound to accept
any brief in the Courts or Tribunals or before any other authorities in or before which he proposes to
practise at a fee consistent with his standing at the Bar and the nature of the case. Special circumstances
may justify his refusal to accept a particular brief. 12. An advocate shall not ordinarily withdraw from
engagements, once accepted, without sufficient cause and unless reasonable and sufficient notices is
given to the client. Upon his withdrawal from a case, he shall refund such part of the fee as has not been
earned. 13. An advocate should not accept a brief or appear in a case in which he has reason to believe
that he will be a witness, and if being engaged in a case, it becomes apparent that he is a witness on a
material question of fact, he should not continue to appear as an Advocate if he can retire without
jeopardising his client’s interests. 14. An advocate shall at the commencement of his engagement and
during the continuance thereof, make all such full and frank disclosure to his client relating to his
connection with the parties and any interest in or about the controversy as are likely to affect his client’s
judgement in either engaging him or continuing the engagement. 15. It shall be the duty of an advocate
fearlessly to uphold the interests of his client by all fair and honourable means without regard to any
unpleasant consequences to himself or any other. He shall defend a person accused of a crime
regardless of his personal opinion as to the guilt of the accused, bearing in mind that his loyalty is to the
law which requires that no man should be convicted without adequate evidence. 16. An advocate
appearing for the prosecution of a criminal trial shall so conduct the prosecution that it does not lead to
conviction of the innocent. The suppression of material capable of establishment the innocence of the
accused shall be scrupulously avoided. 17. An advocate shall not, directly or indirectly, commit a breach
of the obligations imposed by Section 126 of the Indian Evidence Act. 18. An advocate shall not, at any
time, be a party to fomenting of litigation. 19. An advocate shall not act on the instructions of any
person other than his client or his authorised agent. 20. An advocate shall not stipulate for a fee
contingent on the results of litigation or agree to share the proceeds thereof. 21. An advocate shall not
buy or traffic in or stipulate for or agree to receive any share or interest in any actionable claim. Nothing
in this rule shall apply to stock, shares and debentures of government securities, or to any instruments
which are, for the time being, by law or custom, negotiable or to any mercantile document of title to
goods. 22. An advocate shall not, directly or indirectly, bid for or purchase, either in his own name or in
any other name, for his own benefit or for the benefit of any other person, any property sold in the
execution of a decree or order in any suit, appeal or other proceeding in which he was in any way
professionally engaged. This prohibition, however, does not prevent an advocate from bidding for or
purchasing for his client any property which his client may himself legally bid for or purchase, provided
the Advocate is expressly authorised in writing in this behalf. 22A. An advocate shall not directly or
indirectly bid in court auction or acquire by way of sale, gift, exchange or any other mode of transfer
either in his own name or in any other name for his own benefit or for the benefit of any other person
any property which is subject matter of any suit appeal or other proceedings in which he is in any way
professionally engaged* . 23. An advocate shall not adjust fee payable to him by his client against his
own personal liability to the client, which liability does not arise in the course of his employment as an
advocate. 24. An advocate shall not do anything whereby he abuses or takes advantage of the
confidence reposed in him by his client. 25. An advocate should keep accounts of the client’s money
entrusted to him, and the accounts should show the amounts received from the client or on his behalf,
the expenses incurred for him and the debits made on account of fees with respective dates and all
other necessary particulars. 26. Where moneys are received from or on account of a client, the entries in
the accounts should contain a reference as to whether the amounts have been received for fees or
expenses and during the course of the proceeding, no advocates shall, except with the consent in
writing of the client concerned, be at liberty to divert any portion of the expenses towards fees. 27.
Where any amount is received or given to him on behalf of his client, the fact of such receipt must be
intimated to the client, as early as possible. 28. After the termination of the proceeding, the advocate
shall be at liberty to appropriate towards the settled fee due to him, any sum remaining unexpended
out of the amount paid or sent to him for expenses or any amount that has come into his hands in that
proceeding. 29. Where the fee has been left unsettled, the advocate shall be entitled to deduct, out of
any moneys of the client remaining in his hands, at the termination of the proceeding for which he had
been engaged, the fee payable under the rules of the Court, in force for the time being, or by then
settled and the balance, if any, shall be refunded to the client. 30. A copy of the client’s account shall be
furnished to him on demand provided the necessary copying charge is paid. 31. An advocate shall not
enter into arrangements whereby funds in his hands are converted into loans. 32. An advocate shall not
lend money to his client for the purpose of any action or legal proceedings in which he is engaged by
such client. Explanation. An advocate shall not be held guilty for a breach of this rule, if in the course of a
pending suit or proceeding, and without any arrangement with the client in respect of the same, the
advocate feels compelled by reason of the rule of the Court to make a payment to the Court on account
of the client for the progress of the suit or proceeding. 33. An advocate who has, at any time, advised in
connection with the institution of a suit, appeal or other matter or has drawn pleadings, or acted for a
party, shall not act, appear or plead for the opposite party. Section III - Duty to Opponent 34. An
advocate shall not in any way communicate or negotiate upon the subject matter of controversy with
any party represented by an advocate except through that advocate. 35. An advocate shall do his best to
carry out all legitimate promises made to the opposite party even though not reduced to writing or
enforceable under the rules of the Court. Section IV - Duty to Colleagues 36. An advocate shall not solicit
work or advertise, either directly or indirectly, whether by circulars, advertisements, touts, personal
communications, interviews not warranted by personal relations, furnishing or inspiring newspaper
comments or producing his photographs to be published in connection with cases in which he has been
engaged or concerned. His sign-board or name-plate should be of a reasonable size. The sign-board or
name-plate or stationery should not indicate that he is or has been President or Member of a Bar
Council or of any Association or that he has been associated with any person or organisation or with any
particular cause or matter or that he specialises in any particular type of worker or that he has been a
Judge or an Advocate General. 37. An advocate shall not permit his professional services or his name to
be used in aid of, or to make possible, the unauthorised practice of law by any law agency. 38. An
advocate shall not accept a fee less than the fee taxable under rules when the client is able to pay the
same. 39. An advocate shall not enter appearance in any case in which there is already a vakalat or
memo of appearance filed by an advocate engaged for a party except with his consent; in case such
consent is not produced he shall apply to the Court stating reasons why the said consent could not be
produced and he shall appear only after obtaining the permission of the Court1 . Section IV-A2 40. Every
Advocate borne on the rolls of the State Bar Council shall pay to the State Bar Council a sum of Rs. 90/-
every third year commencing from 1st April, 1993 along with a statement of particulars as given in the
form set out at the end of these Rules, the first payment to be made on or before 1st April, 1993 or such
extended time as notified by the Bar Council of India or the concerned State Bar Council. Provided
further however that an advocate shall be at liberty to pay in lieu of the payment of Rs. 90/- every three
years a consolidated amount of Rs. 300/- . This will be a life time payment to be kept in the fixed deposit
by the concerned State Bar Council and the Bar Council of India at the ratio of 80:20 as envisaged under
Rule 41 and interest to be used for the purpose of this rule. However, payment made by the concerned
Advocate before this consolidated payment shall be exclusive of it and no credit shall be given for
payment,. but those advocates who have paid consolidated amount of Rs. 200/- only as a consolidated
amount, Rs. 100/- will be required to pay. “Out of life time payment, 80% of the amount will be retained
by the State Bar Council in a fixed deposit and remaining 20% has to be transferred to the Bar Council of
India. The Bar Council of India and State Bar Council have to keep the same in a fixed deposit and the
interest on the said deposits shall alone be utilised for the Welfare of the Advocates.” Explanation 1 :
Statement of particulars as required by rule 40 in the form set out shall require to be submitted only
once in three years. Explanation 2. All Advocates who are in actual practise and are not drawing salary or
not in full time service and not drawing salary from their respective employers are only required to pay
the amount referred to in this rule. Explanation 3. This rule will be effective from 1-4-1994 and for
period prior to this, advocates will continue to be covered by old rule. 41. (1) All the sums so collected
by the State Bar Council in accordance with Rule 40 shall be credited in a separate fund known as “Bar
Council of India Advocates Welfare Fund ” and shall be deposited in the bank as provided hereunder. (2)
The Bar Council of India Advocates Welfare Fund Committee for the State shall remit 20% of the total
amount collected and credited to its account, to the Bar Council of India by the end of every month
which shall be credited by the Bar Council of India and Bar Council of India shall deposit the said amount
in separate fund to be known as “BAR COUNCIL OF INDIA ADVOCATES WELFARE FUND.” This fund shall
be managed by the Welfare Committee of the Bar Council of India in the manner prescribed from time
to time by the Bar Council of India for the Welfare of Advocates. (3) The rest 80% of the total sum so
collected by the Bar Council of India Advocates Welfare Fund Committee for the State under Rule 41 (1)
shall be utilised for the welfare of advocates in respect of Welfare Schemes sponsored by the respective
State Bar Councils and this fund shall be administered by the Advocates Welfare Committee for the
State which shall submit its report annually to the Bar Council of India. (4) In case of transfer of an
advocate from one State Bar Council to other state Bar Council, 80% of the total sum collected so far in
respect of that advocate by the Bar Council of India Advocates Welfare Committee for the State under
Rule 41 (1) where the said Advocate was originally enrolled, would get transferred to the Advocates
Welfare Fund Committeed of the Bar Council of India for the State to which the said Advocate has got
himself transferred* . 42. If any advocate fails to pay the aforesaid sum within the prescribed time as
provided under rule 40, the Secretary of the State Bar Council shall issue to him a notice to show cause
within a month why his right to practice be not suspended. In case the advocate pays the amount
together with late fee of Rs. 5/- per month, or a part of a month subject to a maximum of Rs. 30/- within
the period specified in notice, the proceedings shall be dropped. If the advocate does not pay the
amount or fails to show sufficient cause, a Committee of three members constituted by the State Bar
Council in this behalf may pass an order suspending the right of the advocate to practise. Provided that
the order of suspension shall cease to be in force when the advocate concerned pays the amount along
with a late fee of Rs. 50/- and obtain a certificate in this behalf from the State Bar Council. 43. An
Advocate who has been convicted of an offence mentioned under Section 24A of the Advocates Act or
has been declared insolvent or has taken full time service or part time service or engages in business or
any avocation inconsistent with his practising as an advocate or has incurred any disqualification
mentioned in the advocates Act or the rules made thereunder, shall send a declaration to that effect to
the respective State Bar Council in which the advocate is enrolled, within ninety days from the date of
such disqualification. If the advocate does not file the said declaration or fails to show sufficient cause
for not filing such declaration provided therefor, the Committee constituted by the State Bar Council
under rule 42 may pass orders suspending the right of the advocate to practise. Provided that it shall be
open to the Committee to condone the delay on an application being made in this behalf. Provided
further that an advocate who had after the date of his enrolment and before the coming into force of
this rule, become subject to any of the disqualifications mentioned in this rule, shall within a period of
ninety days of the coming into force of this rule send declaration referred to in this rule to the respective
State Bar Council in which the Advocate is enrolled and on failure to do so by such advocate all the
provisions of this rule would apply. 44. An appeal shall lie to the Bar Council of India at the instance of
an aggrieved advocate within a period of thirty days from the date of the order passed under Rules 42
and 43. 44A. (1) There shall be a Bar Council of India Advocates Welfare Committee, consisting of five
members elected from amongst the members of the Council. The term of the members of the
committee shall be co-extensive with their term in Bar Council of India.* (2) (i) Every State Council shall
have an Advocates Welfare Committee known as Bar Council of India Advocates Welfare Committee for
the State. (ii) The Committee shall consist of member Bar Council of India from the State concerned who
shall be the Ex-Officio Chairman of the Committee and two members elected from amongst the
members. (iii) The Secretary of the State Bar Council concerned will act as Ex-Officio Secretary of the
Committee. (iv) The term of the member, Bar Council of India in the Committee shall be coextensive
with his term in the Bar Council of India. (v) The term of the members elected from the State Bar Council
shall be two years. (vi) Two members of the Committee will form a quorum of any meeting of the
Committee. (3) Every State Bar Council shall open an account in the name of the Bar Council of India
Welfare Committee for the State, in any nationalised Bank, (4) No amount shall be withdrawn from the
Bank unless that cheque is signed by the Chairman of the Welfare Committee and its Secretary. (5) The
State Bar Council shall implement Welfare Schemes approved by the Bar Council of India through
Advocates Welfare Committee as constituted under sub-clause (2) (i). The State Bar Councils may
suggest suitable modifications in the Welfare Schemes or suggest more schemes, but such modifications
or such suggested schemes shall have effect only after approval by the Bar Council of India. (6) The State
Bar Council shall maintain separate account in respect of the Advocate Welfare Fund which shall be
audited annually along with other accounts of the State Bar Council and send the same along with
Auditors Report to the Bar Council of India. Provided that the Bar Council of India Advocates Welfare
Fund Committee for the State shall be competent to appoint its own staff in addition to the staff of the
Bar Council of the State entrusted with duty to maintain the account of the Fund if their funds are
adequate to make such appointment. The salary and other conditions of the said staff be determined by
the Bar Council of India Advocates Welfare Fund Committee for the State.* Provided further that
Chairman of the Bar Council of India Advocates Welfare Fund Committee for the State shall be
competent to make temporary appointment for a period not exceeding six months in one transaction if
the situation so requires subject to availability of fund in the said Committee for making such
appointment.* 44B. The Bar Council of India shall utilise the funds received under Rule 41(2) in
accordance with the schemes which may be framed from time to time.** FORM UNDER RULE 40 Bar
Council of ........................................... ....................................................................... Dear Sirs, (1) I am
enclosing herewith a Postal Order/Bank Draft/Cash for ........................... being the payment under Rule
40. Chapter II, Part VI of the Rules of the Bar Council of India. (2) I am enrolled as an Advocate on the
Rolls of your State Bar Council. (3) I am ordinarily practising at .................................................. in the
territory/ State of ....................................... (4) I am a member of the ......................................... Bar
Association/not a member of any Bar Association. (5) My present address
is ...................................................................... DATED SIGNATURE PLACE NAME IN BLOCK LETTERS
ENROLMENT NO ........... Received a sum of Rs. 30/-(Rs. 90/- Rs.300) Rs. 300/- from ............................
towards payment under Rule 40, Chapter II, Part VI of the Rules of the Bar Council of India by way of
Postal Order/Bank Draft/Cash on ............................... DATED: SECRETARY PLACE : BAR COUNCIL OF ........
SCHEME FOR FINANCIAL ASSISTANCE TO STATE BAR COUNCILS AND INDIVIDUALS UNDER RULE 44B OF
THE BAR COUNCIL OF INDIA RULES* 1. These rules shall be known as the Scheme for Financial Assistance
to the State Bar Councils under Rule 44B of the Bar Council of India Rules. 2. The Scheme shall come into
force immediately. 3. These schemes shall be applicable to only such State Bar Councils which have
remitted the sum in accordance with the Rule 41 (2) of the Bar Council of India. 4. That on receiving
information from the Chairman of the State Bar Council or Member, Bar Council of India from that State,
the Chairman, Bar Council of India on being satisfied by such report may immediately sanction a
reasonable amount not exceeding Rs. 10,000/- in an individual case and Rs. 25,000/- in case of some
calamity involving more than one advocate and shall report to the Advocates Welfare Committee of the
Bar Council of India. The financial assistance to the State Bar Councils will be available in any of the
following cases : — (a) The advocate or advocates have suffered seriously on account of some natural
calamity or ; (b) the advocate or a advocates have died an unnatural death, due to an accident or natural
calamity or any other cause of like nature, or; (c) the advocate or advocates have suffered or is suffering
from such serious disease or illness which is likely to cause death if no proper treatment is given and the
advocate requires financial assistance without which he would not be able to get proper treatment and
has no personal assets except a residential house to meet such expenditures, or; (d) the advocate or
advocates become physically disabled or incapacitated to continue his profession on account of natural
calamity or accident or any other cause of like nature. 5. That the amount sanctioned under Rule 4 shall
be placed at the disposal of the Advocates Welfare Committee of the Bar Council of India for the State
and the said State Committee shall maintain separate account and send the same to the Bar Council of
India within three months from the date of the receipt thereof. 6. That the Advocates Welfare
Committee of the Bar Council of India on receiving such applications duly recommended by the State Bar
Councils, may sanction a sum provided in the different schemes prepared by the Bar Council of India.
Section V-Duty in imparting training 45. It is improper for an advocate to demand or accept fees or any
premium from any person as a consideration for imparting training in law under the rules prescribed by
State Bar Council to enable such person to qualify for enrolment under the Advocates Act, 1961. Section
VI-Duty to Render Legal Aid 46. Every advocate shall in the practice of the profession of law bear in mind
that any one genuinely in need of a lawyer is entitled to legal assistance even though he cannot pay for
it fully or adequately and that within the limits of an Advocate’s economic condition, free legal
assistance to the indigent and oppressed is one of the highest obligations an advocate owes to society.
Section VII-Restriction on other Employments 47. An advocate shall not personally engage in any
business; but he may be a sleeping partner in a firm doing business provided that in the opinion of the
appropriate State Bar Council, the nature of the business is not inconsistent with the dignity of the
profession. 48. An advocate may be Director or Chairman of the Board of Directors of a Company with or
without any ordinarily sitting fee, provided none of his duties are of an executive character. An advocate
shall not be a Managing Director or a Secretary of any Company. 49. An advocate shall not be a full-time
salaried employee of any person, government, firm, corporation or concern, so long as he continues to
practise, 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 practise as an advocate so long as he continues in such
employment. Nothing in this rule shall apply to a Law Officer of the Central Government of a State or of
any Public Corporation or body constituted by statute who is entitled to be enrolled under the rules of
his State Bar Council made under Section 28 (2) (d) read with Section 24 (1) (e) of the Act despite his
being a full time salaried employee. Law Officer for the purpose of these Rules means a person who is so
designated by the terms of his appointment and who, by the said terms, is required to act and/or plead
in Courts on behalf of his employer. 50. An advocate who has inherited, or succeeded by survivorship to
a family business may continue it, but may not personally participate in the management thereof. He
may continue to hold a share with others in any business which has decended to him by survivorship or
inheritance or by will, provided he does not personally participate in the management thereof. 51. An
advocate may review Parliamentary Bills for a remuneration, edit legal text books at a salary, do press-
vetting for newspapers, coach pupils for legal examination, set and examine question papers; and
subject to the rules against advertising and full-time employment, engage in broadcasting, journalism,
lecturing and teaching subjects, both legal and non-legal. 52. Nothing in these rules shall prevent an
advocate from accepting after obtaining the consent of the State Bar Council, part-time employment
provided that in the opinion of the State Bar Council, the nature of the employment does not conflict
with his professional work and is not inconsistent with the dignity of the profession. This rule shall be
subject to such directives if any as may be issued by the Bar Council India from time to time. CHAPTER -
III (Conditions for right to practice) (Rules under Section 49 (1) (ah) of the Act) 1. Every advocate shall be
under an obligation to see that his name appears on the roll of the State Council within whose
jurisdiction he ordinarily practices. PROVIDED that if an advocate does not apply for transfer of his name
to the roll of the State Bar Council within whose jurisdiction he is ordinarily practising within six months
of the start of such practice, it shall be deemed that he is guilty of professional misconduct within the
meaning of Section 35 of the Advocates Act. 2. An advocate shall not enter into a partnership or any
other arrangement for sharing remuneration with any person or legal practitioner who is not an
advocate. 3. Every advocate shall keep informed the Bar Council on the roll of which his name stands, of
every change of his address. 4. The Council or a State Council can call upon an advocate to furnish the
name of the State Council on the roll of which his name is entered, and call for other particulars. 5. (1)
An advocate who voluntarily suspends his practice for any reason whatsoever, shall intimate by
registered post to the State Bar Council on the rolls of which his name is entered, of such suspensions
together with his certificate of enrolment in original. (2) Whenever any such advocate who has
suspended his practice desires to resume his practice, he shall apply to the Secretary of the State Bar
Council for resumption of practice, along with an affidavit stating whether he has incurred any of the
disqualifications under Section 24A, Chapter III of the Act during the period of suspension. (3) The
Enrolment Committee of the State Bar Council may order the resumption of his practice and return the
certificate to him with necessary endorsement. If the Enrolment Committee is of the view that the
advocate has incurred any of the disqualifications, the Committee shall refer the matter under proviso to
Section 26(1) of the Act. (4) On suspension and resumption of practice the Secretary shall act in terms of
Rule 24 of Part IX. 6. (1) An advocate whose name has been removed by order of the Supreme Court or a
High Court or the Bar Council as the case may be, shall not be entitled to practice the profession of law
either before the Court and authorities mentioned under Section 30 of the Act, or in chambers or
otherwise. (2) An advocate who is under suspension, shall be under same disability during the period of
such suspension as an advocate whose name has been removed from the roll. 7. An officer after his
retirement or otherwise ceasing to be in service shall not practice for a period two years in the area in
which he exercised jurisdiction for a period of 3 years before his retirement or otherwise ceasing to be
in service* . RESOLVED that nothing in these Rules shall prevent any such person from practising in any
Court or Tribunal or Authority of superior jurisdiction to one in which he held office. Explanation :
‘Officer’ shall include a Judicial Officer, Additional Judge of the High Court and Presiding Officer or
Member of the Tribunal or authority or such Officer or authority as referred to in Section 30 of the Act.
‘Area’ shall mean area in which the person concerned exercising jurisdiction. “7A. Any person applying
for enrolment as an Advocate shall not be enrolled, if he is dismissed, retrenched, compulsorily retired,
removed or otherwise relived from Government service or from the service under the control of the
Hon’ble High Courts or the Hon’ble Supreme Court on the charges or corruption or dishonesty
unbecoming of an employee and a person having such disqualification is permanently debarred from
enrolling himself as an advocate”.* 8. No advocate shall be entitled to practice if in the opinion of the
Council he is suffering from such contagious disease as makes the practice of law a hazard to the health
of others. This disqualification shall last for such period as the Council directs from time to time
CHAPTER-IV FORM OF DRESSES OR ROBES TO BE WORN BY ADVOCATES (Rules under Section 49 (I) (gg)
of the Act) Advocates appearing in the Supreme Court, High Courts, Subordinate Courts, Tribunals or
Authorities shall wear the following as part of their dress which shall be sober and dignified. 1.
ADVOCATES (a) A black buttoned up coat, chapkan, achkan, black sherwani and white bands with
Advocates’ Gowns. (b) A black open breast coat. white shirt, white collar, stiff or soft, and white bands
with Advocates’ Gowns. In either cases wear long trousers (white, black striped or grey), Dhoti excluding
Jeans. Provided further that in Courts other than the Supreme Court, High Courts, District Courts,
Sessions Courts or City Civil Courts, a black tie may be worn instead of bands. II. LADY ADVOCATES (a) A
black full sleeve jacket or blouse