Rules on standards of professional

(Chapter II, Part VI of the BCI Rules)

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.

1. Section I - 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. 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
judgment 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 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.

Dt. of this Rules 16-2-91 Proviso added by resolution no 11/91

11. Section II Duty to the Client

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 practice
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.

Rule 22A came into force w.e.f. 24-9-1998.

34. Section III - Duty to Opponent

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.

36. Section IV - Duty to Colleagues

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 Court.
. Rule modified by addition of words “in case..............court” w.e.f. 5-
6-1976.

40. Section IV-A

Every Advocate borne on the rolls of the State Bar Council shall pay to
the State Bar Council a sum of Rs. 300/- every third year commencing
from 1st August, 2001 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 August, 2001 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. 300/- every three years a consolidated
amount of Rs. 600/- . 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.

“Out of life payment, 80% of the maount 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 utilized 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 1st August, 2001 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, consis
elected from amongst the members of the Council. The term of the members of the
co-extensive with their term in Bar Council of India.

2 (i) Every State Council shall have an Advocates Welfare Committee known as Ba
Advocates Welfare Committee for the State.

(ii) The Committee shall consist of member Bar Council of India from the State con
the Ex-Officio Chairman of the Committee and two members elected from amongst

(iii) The Secretary of the State Bar Council concerned will act as Ex-Officio Secreta

(iv) The term of the member, Bar Council of India in the Committee shall be co-ex
in the Bar Council of India.

(v) The term of the members elected from the State Bar Council shall be two year

(vi) Two members of the Committee will form a quorum of any meeting of the Com

(3) Every State Bar Council shall open an account in the name of the Bar Council of
Committee for the State, in any nationalised Bank,

(4) No amount shall be withdrawn from the Bank unless that cheque is signed by th
Welfare Committee and its Secretary.

(5) The State Bar Council shall implement Welfare Schemes approved by the Bar Co
Advocates Welfare Committee as constituted under sub-clause (2) (i). The State Ba
suggest suitable modifications in the Welfare Schemes or suggest more schemes, b
or such suggested schemes shall have effect only after approval by the Bar Council

(6) The State Bar Council shall maintain separate account in respect of the Advocat
shall be audited annually along with other accounts of the State Bar Council and sen
with Auditors Report to the Bar Council of India.
Provided that the Bar Council of India Advocates Welfare Fund Committee for the S
competent to appoint its own staff in addition to the staff of the Bar Council of the S
duty to maintain the account of the Fund if their funds are adequate to make such
salary and other conditions of the said staff be determined by the Bar Council of Ind
Fund Committee for the State.

Provided further that Chairman of the Bar Council of India Advocates Welfare Fund
State shall be competent to make temporary appointment for a period not exceedin
transaction if the situation so requires subject to availability of fund in the said Com
such appointment.*

44B. The Bar Council of India shall utilise the funds received under Rule 41(2) in ac
 schemes which may be framed from time to time.

Section 4A : Revised rules came into effect from 1-4-1984 (Rules 47 to 54 re-numb
Sub-rule(4) of Rule 41 came into force w.e.f. 3-11-1995.
Amended vide Resolution No. 78 of 1985 dated 27th and 28th July, 1985.
Came into force w.e.f. 10th Feb. 1996 (Resolution No. 25/96)
Rules framed for Scheme No. IV are given separetely.

Form under rule 40

Bar Council of ...........................................

.......................................................................

Dear Sirs,

(1) I am enclosing herewith a Postal order/Bank Draft/Cash for ...........................

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

.......................................

(4) I am a member of the ......................................... Bar Association/not a mem

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 ............................ to
Rule 40, Chapter II, Part VI of the Rules of the Bar Council of India by way of Posta
Draft/Cash on ...............................

Dated:
Secretary
Place:
........

45.

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.

46. Section V-Duty in imparting training

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.

47. Section VI-Duty to Render Legal Aid

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.
48. Section VII-Restriction on other Employments

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.

49. 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.

50. 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.

** The above second and third paras deleted in June, 2001 meeting
vide Resolution No.65/2001.

Resolution No. 156/2001

“RESOLVED and further clarified that as Supreme Court has struck

down the appearance by Law Officers in Court even on behalf of their
employers the Judgement will operate in the case of all law officers.
Even if they were allowed to appear on behalf of their employers all
such Law Officers who are till now appearing on behalf of their
employers shall not be allowed to appear as advocates. The State Bar
Council should also ensure that those Law Officers who have been
allowed to practise on behalf of their employers will cease to practise.
It is made clear that those Law Officers who after joining services
obtained enrolment by reason of the enabling provision cannot practise
even on behalf their employers.”

Resolution No. 113/2002

“RESOLVED that the Bar Council of India is of the view that if the
said officer is a whole time employee drawing regular salary, he will
not be entitled to be enrolled as an advocate. If the terms of
employment show that he is not in full time employment he can be
enrolled.”

51. 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.

52. 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.

53. 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.