DERELICTION OF ADVOCATE’S DUTY IN THE COURT OF LAW: AN EXPLORATORY STUDY

Abstract

“Lawyers have their duties as citizens, but they also have special duties as lawyers. Their obligations go far deeper than earning a living as specialists in corporation or tax law. They have a continuing responsibility to uphold the fundamental principles of justice from which the law cannot depart.”- Robert Kennedy 

The art of advocacy is that of a noble profession and the same should be treated with the highest standard. In all the professions at hand, there are certain professional ethics that needs to be followed. However, the fact that professional misconduct is a common occurrence can be seen not only in other professions but also in practice of advocacy. 

The Advocates Act, 1961 was a long sought by the legislation to consolidate the law relating to the legal practitioners and also with regard to the constitution of an autonomous Bar Council. The Advocates Act, 1961 and the Indian Bar Council play a vital role in providing rules and guidelines regarding the working practice, code of conduct and such other related matters concerning lawyers and advocates in India. The Act has vividly laid down the ground rules; however the implementation and practice of the same is still impugned. There have been instances where advocates who are supposed to play a robust role in administering justice have lacked the basic legal knowledge and drafting skill, which has affected the court hall procedure. 

The paper seeks to make an attempt to bring out such latent defects and also, drawing attention to certain fundamental areas which have been a base and highlight for justice administrators and to endeavor the correction of such errors based on the Act.