STANDARDS OF PROFESSIONAL CONDUCT AND ETIQUETTE [Code of

Conduct for Advocates]

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.
 
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.
 
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 descended 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.