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 normal 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 cannons of
conduct and etiquette adopted as general guides; yet
specific mention thereof shall not be construed as a denial
of the existence of others equally imperative though not
Section I—Duty to the Court
1. 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
3. An advocate shall not influence the decision of a Court
by any illegal or improper means. Private communications
with Judge relating to a pending case are forbidden.
4. An advocate shall use his best efforts to restrain and
prevent his client from restoring to sharp or unfair
practices or from doing anything in relation to the Court,
opposing counsel or parties which the advocate 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 mouthpiece of the client, and shall exercise
his own judgment in the use of restrained language in
correspondence, avoiding scurrilious 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
6. An advocate shall not enter appearance, act, plead or
practice 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 be Advocate as father,
grandfather, son, grandson, uncle, brother, nephew, first
cousin, husband, wife, mother, daughter, sister, aunt,
niece, father-in-law, daughter-in-law or sister-in-law.
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 or the Court may
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
Provided that this Rule shall not apply to such a member
appearing as ‘amicus curiae’ or without a fees in a
matter affecting the affairs or a Bar Council, Incorporated
Law Society or a Bar Association.
9. An Advocate should not act or plead in any matter in
which he himself is pecuniarily interested.
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 surety, for his client required for the purpose
of any legal proceedings.
Section II—Duty to the Client
11. An Advocate is bound to accept any brief in the Courts
or Tribunals or before any authority in or before which he
professes to practise 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 notice 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 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 disclosures 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 judgment 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 accused,
bearing in mind that his loyalty is to the law which
requires that no man should be convicted without adequate
16. An Advocate appearing for the prosecution in a criminal
trial shall so conduct the prosecution that it does not lead
to conviction of the innocent. The suppression of material
capable of establishing 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 instruction 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
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
debentures or government securities, or to any instruments
which are for the time being, by law or custom negotiable,
or to any mercantile document or 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 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.
23. An Advocate shall not adjust fees 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 any thing whereby he abuses or
takes advantage of the confidence reposed in him by his
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 particular.
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 proceedings,
no Advocate 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 Courts in force for the time being, or by then
settled and the balance, if any, shall be refunded to the
30. A copy of the client’s account should 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 of a
breach of this rule, if in the course of a pending, suit or
proceedings, 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
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 appear
or plead for the opposite party.
Section III—Duty to Opponent
34. 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
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 rules of the
Section IV—Duty to Colleagues
36. An Advocate shall
not solicit work or advertise, either directly or
indirectly, whether by circulars. Advertisements, touts,
personal communica-tions, interview not warranted by
personal relations, furnishing or inspiring newspaper
comments or procuring his photograph 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
Members 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 work or that he has been a Judge or an
37. An Advocate shall not permit his professional services
or his name to be used in aid of or to make possible, the
unauthorised practise of law by any lay agency,
38. An Advocate shall not accept a fee less than the fee
taxable under the rules when the client is able to pay the
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.
40. Every advocate borne on the Rolls of a State Bar Council
shall pay to the State Bar Council a sum of Rs. 30 every
third year, commencing 1st April, 1980, either at one time
or in three
41. The aforesaid sum collected by the State Bar Council
shall be credited to a separate fund to be known as
‘Advocates Welfare Fund’.
42. All sums so collected by the State Bar Council in
accordance with Rule 40 shall be remitted to the Bar Council
of India forthwith, which shall be credited by the Bar
Council of India to a separate fund to be known as
‘Advocates Welfare Fund.’
43. Every advocate borne on the rolls of a State Bar Council
shall deliver on or before 1st April every year, commencing
April 1980 a
declaration in the form prescribed.
44. Every Advocate borne on the Rolls of a State Bar Council
shall entrol himself as member of a Bar Association within
the territory over which the said Bar Council exercises,
jurisdiction. Every declaration under Rule 43 above, shall
be accompanied by a certificate of the Secretary of that Bar
Association, certifying that he is a member and that he has
paid all the dues of the Bar Association.
45. The name of every Advocate, who fails to pay the
aforesaid sums within the prescribed time set out in Rule 40
or fails to file the declaration under Rule 43 or makes any
false statement in the declaration under Rule 43 shall be
removed from the Rolls of the State Bar Council.
46. Before the name of any Advocate is removed from the
Rolls under Rule 45 the Secretary of the State Bar Council
shall serve on the Advocate concerned a notice to show cause
against the removal of his name and the cause shown, if any,
shall be dealt with by the Chairman of the State Bar Council
forthwith who, in his discretion, shall pass such orders as
he thinks fit.
Section V—Duty in Imparting Training
47. It is improper for an Advocate to demand or accept fees
or any premium for any person as a consideration for
imparing in law under the rules prescribed by the Bar
Council to enable such person to qualify for enrolment under
the Advocates Act, 1961.
Section VI—Duty to Render Legal Aid
48. 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.
Section VII—Restrictions on Other Employments
49. 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 Bar Council the nature
of the business is not inconsistent with the dignity of the
50. An Advocate may be a Director or Chairman of the Board
of Directors of a company with or without any ordinary
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.
51. An Advocate shall not be 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 and
shall thereupon cease to practise as an advocate so long as
he continues in such employment.
Nothing in this rule shall apply to Law Officer of the
Central Government or the Government of a State or of any
Public Corporation or body constituted by statute who is
entitled to be enrolled under the rules of the Bar Council
made under Section 28(2)(d) read with Section 24(1)(c) of
the Advocates Act, 1961 despite his being a full-time
52. 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 descended to him by survivorship or inheritance or by
will, provided he does not personally participate in the
53. 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
examinations, 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.
54. Nothing in these rules shall prevent an Advocate from
accepting, after obtaining the consent of the Bar Council
part-time employment provided that in the opinion of the Bar
Council the nature of the employment does not conflict with
his professional work and is not inconsistent with the
dignity of the profession.
These rules shall be subject to such directives if any as
may be issued by the Bar Council of India from time to time.
CONDITIONS FOR RIGHT TO PRACTICE
1. Every Advocate shall be under an obligation to see that
his name appears on the roll of the State Council within
whose jurisdiction he ordinarily practices.
2. An Advocate shall not enter into a partnership or any
other arrangement for sharing remuneration with any person
or legal Practitioner who is not an Advocate.
3. Every Advocate shall keep informed the Bar Council on the
roll of which his name stands, of every change of his
4. The Council or a State Council can call upon an Advocate
to furnish the name of the State Council on the roll of
which his name is entered, and call for other particulars.
5. (I) Any Advocate
suspends practice for any reason
whatsoever shall intimate such suspension
to the State Council on the roll of
which his name is entered.
(2) A similar intimation shall be given by every Advocate on
resumption of practice.
6. (1) An Advocate whose name has been removed by order of
the Supreme Court or a High Court or the Bar Council as the
case may be, shall not be entitled to practise the
profession of law either before the Courts and authorities
mentioned under Section 30 of the Advocates Act, 1961 or in
chambers, or otherwise.
(2) An Advocate who is under suspension, shall be under same
disability during the period of such suspension as an
advocate whose name has been removed from the
7. A person, who has held judicial/quasi judicial office in
any part of the Union Territory of Delhi at any time within
two years immediately preceding his retirement or otherwise
ceasing to be in service, shall not practise for a period of
two years from the date of his retirement or ceasing to be
in service as the case may be in the territory of Delhi.
Provided that nothing in this Rule shall prevent any such
person from practising in any Court of Superior jurisdiction
to the one in which he held the office.
Explanation—A Court of Sessions, a District Court or
the City Civil Court shall be a Court of Superior
jurisdiction in relation to a Magistrate’s Court or Small
Causes Court, even though no appeal may lie from the latter
to the former.
8. No Advocate shall be entitled to practise if in the
opinion of the Bar Council he is suffering from such
contagious disease as makes his practice of law a hazard to
the health of others. This qualification shall last for such
period as the Bar Council directs from to time.