An advocate is an officer of the court. The right to practise law is protected both as a profession under Article 19(1)(g) and by the Advocates Act, 1961. Once enrolled with a State Bar Council, an advocate may appear, plead, and act before courts, tribunals, and other authorities across India, subject to the rules of each forum.
Independence of the Bar is necessary for a fair hearing. An advocate must be free to put the client’s case without threat, and must also be free to refuse a brief that requires misleading the court. Article 39A directs the State to provide equal justice and free legal aid. The Legal Services Authorities Act, 1987 gives that duty a working system through legal services authorities at the national, State, and district levels.
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Right to practise. Section 30 of the Advocates Act recognises the right of an enrolled advocate to practise before any court or tribunal in India.
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Right of audience. A duly instructed advocate has a right to be heard. A court may regulate procedure, but it cannot shut out a lawful defence.
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Right to meet a client in custody. An accused person has the right to consult a lawyer of choice. Communication with the advocate for the purpose of the case is confidential.
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Duty to the court. An advocate must not deceive the court, suppress a binding authority, or coach a witness to give false evidence.
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Duty to the client. Fees must be reasonable and agreed in a transparent way. The client’s papers must be returned when the engagement ends, subject to any lawful lien.
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Protection of the roll. Suspension or removal from practice can be ordered only after the procedure laid down by the Bar Council, with a right of appeal.
