Responsibilities and Duties of an Advocate

Table Of Content

• Who is an Advocate?
• What is the Importance of an Advocate?
• What are the Duties of an Advocate?
  • Duties of Advocate towards Court
  • Duties of Advocate towards Opponent
  • Duties of Advocate towards Colleagues
  • Duties of Advocate towards Society
• What is the Code of Ethics Under Law?
• Why are Ethics Important for Advocates?
• Conclusion

Advocates, or lawyers, are the pillars of the system. Apart from representing litigants before courts, advocates have strong duties towards courts, competitors, peers, and society. A profession of an advocate is not just winning cases; it is a duty to practice ethically and keep the profession respectable. In this blog, let us consider the role of an advocate, why the Legal profession is essential, and the role of advocates and their duties at various levels.

Who is an Advocate?

An advocate is a Legal professional who represents individuals, organizations, or entities in Legal proceedings. Advocates provide Legal advice, draft Legal Documents such as drafting legal notice or agreements, and argue cases before courts or tribunals. They act as intermediaries between the judiciary and the public, ensuring that justice is served by the law.

Unlike other Legal professionals, such as Legal advisors or paraLegals, advocates have the right to appear and plead before courts on behalf of their clients. Their expertise in Legal matters enables them to interpret laws, argue cases effectively, and provide strategic guidance to clients.

What is the Importance of an Advocate?

The importance of the Legal profession cannot be overstated. Advocates play a pivotal role in ensuring that justice is accessible to all, irrespective of their social or economic status. Here are some key reasons why advocates are indispensable:

1. Upholding Justice: Advocates ensure that every individual gets a fair chance to present their case before the court.
2. Legal Awareness: They educate people about their Legal rights and responsibilities.
3. Representation: Advocates represent clients who may lack the knowledge or ability to present their case effectively.
4. Conflict Resolution: They help in settling disputes through litigation or alternative dispute resolution mechanisms.
5. Safeguarding Rights: Advocates protect individuals from Legal injustices and government overreach.

What are the Duties of an Advocate?

The duties of an advocate are much more than to represent a client. They must adhere to professional ethics, show respect towards the judiciary, maintain fairness towards opponents, and contribute positively to the Legal fraternity. Let’s delve into some of these duties in detail.

Duties of Advocate towards Court

One of the fundamental duties of an advocate towards the court is to maintain respect for the judicial system. The court is the temple of justice, and advocates serve as its officers. Their responsibilities include:

1. An advocate must show utmost respect to the judges and refrain from using any disrespectful language or behaviour.
2. Advocates should present facts and evidence honestly without misleading the court.
3. Being on time and prepared for proceedings ensures the smooth functioning of the Legal system.
4. Advocates must not use unfair means to influence judicial decisions.
5. Advocates should dress appropriately and maintain decorum within the courtroom.

Duties of Advocate towards Opponent

Even though Legal battles involve adversaries, the duties of an advocate towards the opponent demand fairness and ethical behaviour. Some key responsibilities include:

1. Advocates should treat their opponents with respect and refrain from making personal attacks.
2. Not using any false evidence or misleading arguments against an opponent.
3. Advocates must ensure that Legal proceedings are fair and not manipulated for personal gains.
4. Lawyers should avoid unnecessary delays or Legal harassment of their opponents.
5. If a case is resolved through mediation or settlement, advocates must respect the agreed-upon terms.

Duties of Advocate towards Colleagues

The Legal fraternity thrives on mutual respect and cooperation. The duties of an advocate towards colleagues include:

1. Advocates should treat fellow lawyers with respect and avoid unethical competition.
2. Senior lawyers should mentor and guide junior advocates in their professional journey.
3. Misrepresenting facts to colleagues or engaging in deceitful conduct should be avoided.
4. They should work together to uphold the honour and reputation of the profession.
5. Unnecessary disputes between advocates should be resolved amicably and professionally.

Duties of Advocate towards Society

Advocates also have a larger responsibility toward society. Their duties of an advocate in a broader sense include:

1. Providing free Legal services to the underprivileged and needy.
2. Educating the public about their rights and Legal remedies.
3. Advocates should contribute to social causes and work towards Legal reforms.
4. They must uphold the integrity of the Legal profession to maintain public confidence.
5. Advocates should not engage in corrupt practices that undermine justice.

What is the Code of Ethics Under Law?

The code of ethics under law serves as a guideline for advocates to maintain professional integrity. Some key ethical principles include:

1. Advocates must not disclose client information without consent.
2. They should avoid cases where their personal interests may conflict with professional responsibilities.
3. Advocates must be thorough and competent in handling Legal matters.
4. They should always act in the best interest of their clients while maintaining Legal boundaries.
5. Advocates must not misrepresent facts to clients, courts, or the public.

Why are Ethics Important for Advocates?

Ethics are the foundation of the Legal profession. Upholding ethics ensures that advocates serve justice rather than personal interests. Here’s why ethics are crucial:

1. Maintaining trust with clients and the public for fair representation.
2. Maintaining ethics to help prevent corruption and exploitation in the Legal field.
3. Promoting fairness to ensure justice. 
4. Enhancing professionalism to maintain the overall reputation and dignity of the Legal profession.

Conclusion

Advocates’ rights and duties extend far beyond the courtroom. They play a crucial role in maintaining law and order, ensuring justice, serving society, and upholding the dignity of the profession. From their duties towards the court, opponents, and colleagues to their social responsibilities, advocates must always maintain ethical conduct.

The importance of the Legal profession lies in its ability to safeguard justice, protect individual rights, and promote fairness. By adhering to ethical principles and fulfilling their responsibilities, advocates contribute to a just and equitable society. Whether representing a client, advising on Legal matters, or assisting those in need, an advocate’s role is indispensable in shaping the Legal landscape.