1)  An advocate  shall, during the presentation of his case and while otherwise acting before a court conduct himself with dignity and self-respect. An advocate shall refuse to represent the client who persists  in such improper conduct. 2) An advocate shall maintain towards the court a respectful attitude bearing in mind that the dignity of the judicial office is essential for the survival of a free community. Enter the email address you signed up with and we'll email you a reset link. X. He shall be dignified in use of his language in correspondence and during arguments in court. 12) An advocate should be straight forward and his argument should be pointed, clear precious and concise. the judge. He should advice client properly and in a proper way. to. In addition to the above duties, it is the Judge that decides the law that applies to your case. II) Duty towards the court 1) An advocate should be straightforward and his arguments should be pointed, clear, precise and concise. 6) An advocate shall not enter appearance, act,plead or practice in any way before the court, tribunal or authority mention in Section 30 of the Act, if the sole or any member thereof is related to the Advocate as father, mother, grandfather, son, grandson, daughter, sister , father in law, mother in law , son in law, brother in law , daughter in law or sister in law. Possession ... 1) Which one of the following element is not necessary for a contract ? 7)  An advocate shall not band or gown in public places other than in courts except on such ceremonial occasions and as such places as the bar council of India or the court may prescribe. 13) An Advocate must be tactful in presenting  the matters. They provide legal services to their branch of the armed forces and Legal Representation to members of the Armed Services. An advocate shall not influence the decision of a court by any illegal or improper means. They are both officers of state engaged and united in the common ideal of promoting legal justice. Law Notes for Law students. By using our site, you agree to our collection of information through the use of cookies. Duties of an advocate towards the court are as follows - 1) An advocate shall, during the presentation of his case and while otherwise acting before a court conduct himself with dignity and self-respect. Following are the duties of advocate towards to court[2]: An advocate while presenting his case should conduct himself with dignity and self respect; Respectful attitude must be maintained by the advocate. An advocate Shall all times, comport himself in a manner benefiting his status as an officer of the court. B) Illegal agreements are always voidable . Section III of Bar Council of India Rules provides for the duties of an Advocate towards the opponent party. Private communication with a judge relating to a pending case are forbidden. 15) An advocate shall not criticize the Judiciary with malice. He has to keep in mind the dignity of the judge. Based on the Act, only advocates—and not any other subset of a lawyer—are permissible to practice in courts and plead on behalf of others, but only after obtaining the required license. ... act with competence, honesty, and courtesy towards other solicitors, parties and witnesses. But Advocate has some duties towards the opponent Parties. He shall not consider himself a mere mouthpiece of the client, and shall exercise his own judgement in the use of restrained  language in correspondence, avoiding scurrilous attack in pleadings, and using intemperate language during arguments in court. The Judge … 2. Act in a dignified manner (before a clearly corrupt judge). duties of judge or Advocate General of the Court of Justice and the General Court, before they are appointed by the Member States' governments. XI. He has great responsibility to protect the country and lead the community. 3) An advocate shall not influence the decision of a Court by any illegal or improper means. Rules on an Advocate's duty towards the court. Section 55 of the Advocates Act mandate that every person who is entitled to act as an advocate shall be an officer of the court. The fundamental responsibility for identifying the legal contentions. Advocate’s Duty Towards The Court 2. Following Are The Duties Of Advocate Towards To Court[6]: An advocate while presenting his case should conduct himself with dignity and self respect  Respectful attitude must be maintained by the advocate. The relationship between an Advocate and a client is highly fiduciary, and it is the duty of an advocate fearlessly to uphold the interests of the client, and give him justice, established a good relationship with the client with an object the client can easily share any matter with an advocate. Objective Questions with Answers on Law Of Contracts - 19, Possession : Meaning, Definition and Kinds of possession, Objective Questions with Answers on Law Of Contracts - 18, Objective Questions with Answers on Law Of Contracts - 17. 3) An advocate must be tactful in presenting the matters. Respect the court (because that’s your livelihood). Advocate duties towards his client. The Judge Advocate General's Department in the East Indies-Pay of Judge Advocates at home and abroad, 170 to 175 CHAPTER XII. 11)  An advocate should have sense of humour and pleasing manners in his argument. The client is the one who has the utmost belief towards his advocate. 3. A) Competent parties B) Reasonable terms and condition... Let's see meaning of 'Damnum sine injuria' Meaning - Damnum means = Damage in the sense of money, Loss of comfort ... 1) Give correct answer : A) Void agreements are always illegal. The Advocates Act, 1961 has created a single category of legal practitioners, i.e. A 402 Conference is where the prosecutor and the defense attorney obtain the Judge’s opinion on what a fair sentence would be. He shouldn’t present any false and forged documents as evidence. Act in a dignified manner It is the duty of the Advocate to take care of the interest of his client and tell him the exact laws and provision of the particular case and what are the remedies. By Richard Evance Manyota* “Why then Kabwela, Do you just stare in frustration At the melancholic spectacle Cursing in bewilderment At such devilish treachery” The late, Edmund Sengondo Adrian Mvungi 1 * LL.B (Hons), Tumaini University Makumira, Arusha, (2018) Email, … 4. He shall not blindly follow the instructions of the client. 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 community. There are many other “Moral-Duties” of an advocate towards the client apart from the above-mentioned duties: He shouldn’t use any quite “undue influence” over his client. An advocate is a privileged member of the community and a gentlemen besides being a citizen. It is the duty of an advocate to not influence and let the decision of court free from influence by … 8. Not communicate in private (with spouses). He shall not scandalously damage the reputation of the parties on false grounds during pleadings. Advocate should try best to get justice to the client. To browse Academia.edu and the wider internet faster and more securely, please take a few seconds to upgrade your browser. According to Salmond, in the whole range of legal theory, there is no conception more difficult than that of Possession. An advocate shall conduct himself with dignity and self-respect. Private communications with a judge relating to a pending case are forbidden. Ordinarily an advocate should not withdraw from serving a client once he has decided to serve them. Other Duties: There are many other duties of an advocate towards client apart from the above-mentioned duties. B Being an officer of the court brings with it a certain mandatory obligation towards the court. He should not hurt the interest of his client by any of his acts or omission in any manner. An advocate shall excise his own judgment in such matters. Duties of an Advocate towards the court: To maintain a respectful attitude towards the courts and legal system. 14) An Advocate should not mislead Court. To learn more, view our, THE POWER OF JUDGES IN LAW MAKING IN TANZANIA AND ITS EFFECTS ON THE GROWTH OF LAW IN DIGITAL ENVIRONMENT, APPLICATION OF LEGAL TECHNICALITIES AND ITS CONSEQUENCES ON THE ADMINISTRATION OF JUSTICE IN TANZANIA 1. Sorry, preview is currently unavailable. be considered, the evidence. Only advocates (and no other category of lawyers) are allowed to practice in courts and plead on behalf of others, once they obtain the required license. He has to keep in mind the dignity of the judge. 5 ) An advocate shall appear in court at all times only in the prescribed dress, and his appearance shall always be presentable . In other words, while all advocates are lawyers, not every lawyer is an advocate. to. In the context of the Indian law, an advocate is a subset of a lawyer. Duties towards the court. A similar and grossly simplistic conception of the common law judge is that of a passive moderator between presentations organized and directed by rival advocates. In addition, judge advocates practice international, labor, contract, environmental, tort, and administrative law. The client should be treated nicely by the advocates. 1. 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 Corporation :  provided that this rule shall not apply to such a member appearing as amicus Curie or without a free on behalf of a bar council, incorporated law Society or a bar association. Judge advocates are attorneys who perform legal duties while serving in the U.S. Armed Forces. You can download the paper by clicking the button above. ADVOCATES’ DUTY TO THE COURT VIS-À-VIS JUDGES’ MOCKERY AND INTUITIONS IN TANZANIA. By Tanuj Kalia – A Lawyer’s Duty Towards The Court – 1.  An advocate should not, by any improper means should influence the decision given by the court. advocates. The Judge also proceeds over a 402 Conference. He should not use undue influence over his client. ... to submit such grievance to proper authorities as this is the duty of an advocate towards improving the legal system and keeping it efficient. 9) An Advocate should not act or plead in any matter in which he himself is pecuniarily interested. Manner advocates and JUDGES are members of the parties on false grounds during.! Is pecuniarily interested not hurt the interest of his acts or omission in any matter in he... And a gentlemen besides Being a citizen any illegal or improper means competence,,. 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