AN UNDEFINED PROHIBITION
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Keywords:
Advocates Act, Lawyer, Legal obligations, Professional ethics, Professional misconduct, StrikeAbstract
A ‘Strike’ is the last cry for any group or union, against the powerful, to voice their rights or disapprove to the existing conditions. From Gandhi to various trade unions, strike has been used as a tool to attain social justice. Advocates are a class which brings the actual implementation of constitutional, fundamental and legal rights when they are violated; and any attempt to stifle their voice would be an attempt to demean democracy. No provision in Advocates Act deals with lawyers’ Right to Strike. Although, in many cases Supreme Court has held that if on the ground of strike a lawyer abstains from appearing in court in a case in which he holds a vakalatnama from a client, he is conducting a professional misconduct, a breach of conduct, breach of trust and a breach of professional duty. This paper seeks to define the limits of lawyers’ professional obligations towards their clients as against their own rights and privileges. It intends to clarify the grey area under which in rarest of rare situations a strike by the lawyers’ can be validated.
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