Rules of Professional Conduct and Ettiquette Flashcards
Duty to the court - Rule 1
While presenting before a court, conduct himself with dignity and respect. Serious complaint against judicial officer, submit grievance to proper authorities.
Duty to the court - Rule 2
Maintain a respectful attitude towards the Courts.
Duty to the court - Rule 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.
Duty to the court - Rule 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.
Duty to the court - Rule 5
Appear only in the prescribed dress and always be presentable.
Duty to the court - Rule 6
Shall not appear before a court if any member is related to the advocate.
Duty to the court - Rule 7
Not wear bands, gown in public places other than the court, and except on ceremonial occasion and BCI.
Duty to the court - Rule 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
Duty to the court - Rule 9
Not plead in any matter in which he is himself pecuniarily/financially interested.
Bankruptcy petition - if he is creditor of the bankrupt.
Duty to the court - Rule 10
Shall not stand as surety or certify the soundness of a surety.
Duty to the client - Rule 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.
Duty to the client - Rule 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.
Duty to the client - Rule 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.
Duty to the client - Rule 14
Make full and frank disclosures to his client relating to his connection with the parties and any interest.
Duty to the client - Rule 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
Duty to the client - Rule 16
If prosecuting, conduct so it does not lead to the conviction of the innocent.
Duty to the client - Rule 17
Not commit a breach of obligations imposed by 126 of IEA (attorney client privilege)
Duty to the client - Rule 18
Shall not be a party to fomenting litigation
Duty to the client - Rule 19
Not act on the instructions of any one other than his client or authorized agent
Duty to the client - Rule 20
Shall Not stipulate for a fee contingent on the results of litigation or agree to share the proceeds thereof.
Duty to the client - Rule 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.
Duty to the client - Rule 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.
Duty to the client - Rule 22A
Shall not bid in court auction for the benefit of any other person which is subject matter of any suit appeal.
Duty to the client - Rule 23
Shall not adjust fee payable to him by his client against his own personal liability to the client.
Duty to the client - Rule 24
Shall not do anything to abuse or take advantage of the confidence that his client has in him.
Duty to the client - Rule 25
Keep accounts of the client’s money entrusted to him.
Duty to the client - Rule 26
Make reference whether money received for fees or expense. Do not divert any portion of the expenses towards fees.
Duty to the client - Rule 27
Money received? Give receipt.
Duty to the client - Rule 28
After termination of the proceedings, at liberty to appropriate towards the settled fee
Duty to the client - Rule 29
Where fee is unsettled, entitled to deduct at the termination of the proceedings and balance should be refunded.
Duty to the client - Rule 30
Furnish a copy of the client’s account.
Duty to the client - Rule 31
Shall not enter into arrangements where funds are converted to loans
Duty to the client - Rule 32
Shall not lend money to his client for the purpose in which he is engaged by him.
Duty to the client - Rule 33
If advised for institution of a suit or appeal, he shall appear or plead for the opposite party.
Duty to the opponent - Rule 34
Shall not communicate or negotiate upon the subject matter of controversy with any party represented by an advocate except through that advocate
Duty to the opponent - Rule 35
Do his best to carry out all legitimate promises made to the opposite party even though not reduced to writing or enforced
Duty to the colleagues - Rule 36
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
Duty to the colleagues - Rule 37
Shall not permit his professional service or name to be used in unauthorized practice of law by any agency.
Duty to the colleagues - Rule 38
Not accept a fee less than the fee taxable under the rules when the client is able to pay the same
Duty to the colleagues - Rule 39
Shall not enter appearance where there is already a vakalatnama filed by an advocate except with his consent.
Duty in Imparting Training - Rule 45
It is improper to demand/accept fees as a consideration for imparting training
Duty to render legal aid - Rule 46
Any one genuinely in need of a lawyer is entitled to legal assistance even though he cannot pay for it fully or adequately.
Restriction on other Employments - Rule 47
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.
Restriction on other Employments - Rule 48
May be a Director/Chairman with none of his duties being of a Executive character.
Restriction on other Employments - Rule 49
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.
Restriction on other Employments - Rule 50
Inherited or succeeded by survivorship to a family business may continue it, but may not personally participate in the mgt.
Restriction on other Employments - Rule 51
Can review parliamentary bills for remuneration edit legal text books etc etc.
Restriction on other Employments - Rule 52
nothing shall prevent an advocate from accepting part time employment which does not conflict with his professional work.
