Rules of Professional Conduct and Ettiquette

Question 1

Duty to the court - Rule 1

Answer 1

While presenting before a court, conduct himself with dignity and respect. Serious complaint against judicial officer, submit grievance to proper authorities.

Question 2

Duty to the court - Rule 2

Answer 2

Maintain a respectful attitude towards the Courts.

Question 3

Duty to the court - Rule 3

Answer 3

Shall not influence the decision of a court by any illegal or improper means. Pvt comms with a judge regarding a pending case are forbidden.

Question 4

Duty to the court - Rule 4

Answer 4

Restrain and prevent his client from resorting to unfair practices. Refuse to represent a client who persists in such improper conduct. Choose words wisely and not a mouthpiece of the client.

Question 5

Duty to the court - Rule 5

Answer 5

Appear only in the prescribed dress and always be presentable.

Question 6

Duty to the court - Rule 6

Answer 6

Shall not appear before a court if any member is related to the advocate.

Question 7

Duty to the court - Rule 7

Answer 7

Not wear bands, gown in public places other than the court, and except on ceremonial occasion and BCI.

Question 8

Duty to the court - Rule 8

Answer 8

Shall not appear before any court for or against an org./institution if he is a member of the Executive Committee of that org/institution.

Exception: Amicus Curiae, Bar Council, Incorporated Law Society or Bar Association

Question 9

Duty to the court - Rule 9

Answer 9

Not plead in any matter in which he is himself pecuniarily/financially interested.

Bankruptcy petition - if he is creditor of the bankrupt.

Question 10

Duty to the court - Rule 10

Answer 10

Shall not stand as surety or certify the soundness of a surety.

Question 11

Duty to the client - Rule 11

Answer 11

Bound to accept any brief in the courts before which he proposes to practice at a fee consistent with his standing at the Bar. He can refuse under special circumstances.

Question 12

Duty to the client - Rule 12

Answer 12

Not ordinarily withdraw from engagements, once accepted, without sufficient cause and unless reasonable and sufficient notice is given to the client. Refund upon withdrawal.

Question 13

Duty to the client - Rule 13

Answer 13

Do not accept a brief in which he has reasons to believe that he will be a witness. He shall not continue to appear as an adv. if he can retire without jeopardizing his client’s interests.

Question 14

Duty to the client - Rule 14

Answer 14

Make full and frank disclosures to his client relating to his connection with the parties and any interest.

Question 15

Duty to the client - Rule 15

Answer 15

It shall be the duty of an advocate to fearlessly uphold the interests of his client by all fair and honorable means without regard to any unpleasant consequences. Defend of a crime regardless of his personal opinion as to the guilt of the accused

Question 16

Duty to the client - Rule 16

Answer 16

If prosecuting, conduct so it does not lead to the conviction of the innocent.

Question 17

Duty to the client - Rule 17

Answer 17

Not commit a breach of obligations imposed by 126 of IEA (attorney client privilege)

Question 18

Duty to the client - Rule 18

Answer 18

Shall not be a party to fomenting litigation

Question 19

Duty to the client - Rule 19

Answer 19

Not act on the instructions of any one other than his client or authorized agent

Question 20

Duty to the client - Rule 20

Answer 20

Shall Not stipulate for a fee contingent on the results of litigation or agree to share the proceeds thereof.

Question 21

Duty to the client - Rule 21

Answer 21

shall not buy or traffic in or agree to receive any share or interest in any actionable claim. Does not apply to govt. securities etc.

Question 22

Duty to the client - Rule 22

Answer 22

Shall not bid for any property sold in the execution of decree or order in any suit in which he was professionally engaged. Does not prevent from bidding for his client if authorized.

Question 23

Duty to the client - Rule 22A

Answer 23

Shall not bid in court auction for the benefit of any other person which is subject matter of any suit appeal.

Question 24

Duty to the client - Rule 23

Answer 24

Shall not adjust fee payable to him by his client against his own personal liability to the client.

Question 25

Duty to the client - Rule 24

Answer 25

Shall not do anything to abuse or take advantage of the confidence that his client has in him.

Question 26

Duty to the client - Rule 25

Answer 26

Keep accounts of the client's money entrusted to him.

Question 27

Duty to the client - Rule 26

Answer 27

Make reference whether money received for fees or expense. Do not divert any portion of the expenses towards fees.

Question 28

Duty to the client - Rule 27

Answer 28

Money received? Give receipt.

Question 29

Duty to the client - Rule 28

Answer 29

After termination of the proceedings, at liberty to appropriate towards the settled fee

Question 30

Duty to the client - Rule 29

Answer 30

Where fee is unsettled, entitled to deduct at the termination of the proceedings and balance should be refunded.

Question 31

Duty to the client - Rule 30

Answer 31

Furnish a copy of the client's account.

Question 32

Duty to the client - Rule 31

Answer 32

Shall not enter into arrangements where funds are converted to loans

Question 33

Duty to the client - Rule 32

Answer 33

Shall not lend money to his client for the purpose in which he is engaged by him.

Question 34

Duty to the client - Rule 33

Answer 34

If advised for institution of a suit or appeal, he shall appear or plead for the opposite party.

Question 35

Duty to the opponent - Rule 34

Answer 35

Shall not communicate or negotiate upon the subject matter of controversy with any party represented by an advocate except through that advocate

Question 36

Duty to the opponent - Rule 35

Answer 36

Do his best to carry out all legitimate promises made to the opposite party even though not reduced to writing or enforced

Question 37

Duty to the colleagues - Rule 36

Answer 37

Not solicit work, advertise through circulars, ads or tout in connection with cases in which he has been engaged. His sign-board should not indicate his specialization or that he has been a judge or adv gen

Question 38

Duty to the colleagues - Rule 37

Answer 38

Shall not permit his professional service or name to be used in unauthorized practice of law by any agency.

Question 39

Duty to the colleagues - Rule 38

Answer 39

Not accept a fee less than the fee taxable under the rules when the client is able to pay the same

Question 40

Duty to the colleagues - Rule 39

Answer 40

Shall not enter appearance where there is already a vakalatnama filed by an advocate except with his consent.

Question 41

Duty in Imparting Training - Rule 45

Answer 41

It is improper to demand/accept fees as a consideration for imparting training

Question 42

Duty to render legal aid - Rule 46

Answer 42

Any one genuinely in need of a lawyer is entitled to legal assistance even though he cannot pay for it fully or adequately.

Question 43

Restriction on other Employments - Rule 47

Answer 43

Shall not personally engage in any business but he may be a sleeping partner in a firm not inconsistent with the dignity of the profession.

Question 44

Restriction on other Employments - Rule 48

Answer 44

May be a Director/Chairman with none of his duties being of a Executive character.

Question 45

Restriction on other Employments - Rule 49

Answer 45

Shall not be a full-time salaried employee of any person, govt, firm, corpo as he continues to practice. Notify the Bar when he takes up any employment.

Question 46

Restriction on other Employments - Rule 50

Answer 46

Inherited or succeeded by survivorship to a family business may continue it, but may not personally participate in the mgt.

Question 47

Restriction on other Employments - Rule 51

Answer 47

Can review parliamentary bills for remuneration edit legal text books etc etc.

Question 48

Restriction on other Employments - Rule 52

Answer 48

nothing shall prevent an advocate from accepting part time employment which does not conflict with his professional work.