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Ideal answer to – which is not a duty of an advocate towards the court?

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The responsibility of an advocate towards the court extends solely to upholding justice and does not encompass the representation of the opposing party or the promotion of unlawful or unethical deeds.

Detailed answer question

The advocate’s paramount responsibility to the court lies in the preservation of justice and the safeguarding of integrity within the legal realm. It is crucial, nevertheless, to acknowledge the existence of certain obligations that do not fall under an advocate’s purview when it comes to their duty towards the court. Foremost among these is the absence of obligation to represent the opposing party.

Advocates are duty-bound to uphold a strict ethical code, compelling them to fervently champion their clients’ causes, all while adhering to the confines of the law. This necessitates the presentation of their clients’ cases with unwavering honesty and unwavering integrity, simultaneously fostering an environment of equitable and righteous proceedings. Nonetheless, it is crucial to note that their responsibilities are confined solely to the interests of their clients, without any obligation to represent the opposing party.

As the paramount duty of an advocate lies in delivering proficient and impactful representation for their client, it would be an inherent contradiction to undertake the representation of both parties in a legal matter. In such circumstances, the advocate stands at risk of undermining their obligation to the court and potentially jeopardizing the impartiality of the proceedings.

Advocates, as champions of justice, bear no responsibility for advocating on behalf of the opposing party. Moreover, they are under no obligation to endorse or engage in any form of unlawful or unethical activities. Their allegiance lies with the law and the pursuit of justice, compelling them to adhere strictly to these principles. Hence, advocates are ethically bound to abstain from involvement in or endorsement of any illicit endeavors or actions that contravene the benchmarks of professional behavior.

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To emphasize the importance of an advocate’s duty towards the court and the justice system, consider the words of Mahatma Gandhi:

“Lawyers are essential in the administration of justice. Without an able, independent, and upright bar, it would be futile and impossible to administer justice.”

Table:

Here is a table providing a comparison of the duties of an advocate towards the court and the duties that are not their responsibility:

Duties of an Advocate Towards the Court | Not a Duty of an Advocate Towards the Court

Upholding justice and fairness in proceedings | Representing the opposing party
Acting with integrity and promoting ethical conduct | Promoting unlawful or unethical deeds
Providing competent representation for the client | Advocating for both sides in a case
Maintaining the dignity of the legal profession | Advocating against the principles of justice

Video answer

Some additional responses to your inquiry

An advocate should not communicate privately to a judge regarding any matter pending before the judge or any other judge. In addition, an advocate should not influence the decision of a court in any matter using illegal or improper means such as coercion, bribe, etc.

Hi Sanjay,

The following are the things that a lawyer has to follow in the court:
• Respect the Constitution of India and Code of Law.
• Respect the honorable judge.
• Maintain a certain behavior in court.
• Abide by the law and respect the law.
• Abide by honesty and present true evidences and facts.
• Does not forge data or try to manipulate the truth.

A lawyer thus should follow the above list of things and avoid to do otherwise.

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Who is not an advocate?
As a response to this: It is important to keep in mind that in India, the difference between a lawyer and an advocate is that a lawyer cannot appear in any court of law. There is no way he can argue a case in front of the court. As far as presenting a case in court is concerned, only an advocate has the right to do so.
What are the elements of advocacy?
Answer will be: 5 steps to effective advocacy

  • Know your facts. After you’ve identified an issue that you’re passionate about, do your research.
  • Listen to the people you want to help.
  • Engage with the community.
  • Build relationships.
  • Don’t give up.
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What is the role of the advocate?
Response will be: The role of an advocate is to offer independent support to those who feel they are not being heard and to ensure they are taken seriously and that their rights are respected. It is also to assist people to access and understand appropriate information and services.
Who is an example of an advocate?
The response is: It can be informal or formal. Informal individual advocacy often involves family members and friends. As an example, parents often advocate for their child’s needs at school. Formal individual advocacy often goes through organizations like government agencies or nonprofits.
What are the duties of an advocate to the court?
1. DUTIES OF AN ADVOCATE TO THE COURT Section 1 of Chapter II of Part VI of the Bar Council of India Rules are the rules related to ‘Advocates Duty To the Court’. An advocate shall during the presentation of his case and while otherwise acting before a court, conduct himself with dignity and self-respect.
What should an advocate not do?
As an answer to this: An advocate should not communicate privately to a judge regarding any matter pending before the judge or any other judge. In addition, an advocate should not influence the decision of a court in any matter using illegal or improper means such as coercion, bribe, etc. 4. Refuse to act in an illegal manner towards the opposition.
Should an advocate communicate privately to a judge?
Answer will be: Not communicate in private. An advocate should not communicate privately to a judge regarding any matter pending before the judge or any other judge. In addition, an advocate should not influence the decision of a court in any matter using illegal or improper means such as coercion, bribe, etc.
Can an advocate appear in a court or tribunal?
As an answer to this: An advocate should not appear in or before any court or tribunal or any other authority for or against an organization, institution, society or corporation, if he is a member of the executive committee of such organization, institution, society or corporation.
Does an advocate have a duty to serve his client?
Response to this: The advocate’s duty to serve his client to the exclusion of all others is not absolute in the sense that it is tempered by his duty to the court. An advocate is not expected to mislead the court just for the sake of his personal or client’s interests.
What does an advocate do in court?
In court, an advocate is supposed to discharge the following duties; To assist the court to reach a proper decision. Here an advocate is required to conduct huge research concerning the case at hand and also to avail to court, every documents and evidence to enable the court to reach its decision.
Can an advocate refuse to represent a client?
An advocate has to refuse to represent a client who persists in improper conduct. Advocates have to be dignified in use of their language in correspondence and during arguments in Court. They should not use any improper language during arguments in the Court. 13
What are the rules of a judicial advocate?
Answer: Rule 1. An advocate shall, during the presentation of his case and while otherwise acting before a Court,conduct himself with dignity and self-respect. l:Ie 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 authority.

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