1. Advocate stands in Loco Parentis to Client
In Pandurang Dattatraya Khandekar vs Bar Council of Maharashtra [(1984) 2 SCC 556 : 1984 SCC (Cri) 335], the Supreme Court observed:
“9. … An advocate stands in a loco parentis towards the litigants and it therefore follows that the client is entitled to receive disinterested, sincere and honest treatment
especially where the client approaches the advocate for succour in times of need.”
2. Role of an Advocate in a Criminal Case
In Lt. Col. S.J. Chaudhary vs State (Delhi Admn.) [(1984) 1 SCC 722 : 1984 SCC (Cri) 163 : AIR 1984 SC 618] , a three Judge Bench of the Hon’ble Supreme Court observed as follows:
“3. We are unable to appreciate the difficulty said to be experienced by the petitioner. It is stated that his advocate is finding it difficult to attend the court from day to day. It is the duty of every advocate, who accepts the brief in a
criminal case to attend the trial from day to day. We cannot overstress the duty of the advocate to attend to the trial from day to day. Having accepted the brief, he will be committing
a breach of his professional duty, if he so fails to attend.”
3. Duty of Advocate to Maintain Dignity of the Court
In Mahabir Prasad Singh [(1999) 1 SCC 37 : AIR 1999 SC 287], the Hon’ble Supreme Court while laying emphasis on the obligation of a lawyer in his duty towards the Court and the duty of the Court to the Bar, has ruled as under:
“17. … ‘A lawyer is under obligation to do nothing that shall detract from the dignity of the court of which he is himself a sworn officer and assistant. He should at all times pay deferential respect to the Judge, and scrupulously observe the decorum of the courtroom.’ [Warevelle's Legal Ethics, p. 182] 18. Of course, it is not a unilateral affair. There is a reciprocal duty for the court also to be courteous to the members of the Bar and to make every endeavour for maintaining and protecting the respect which members of the Bar are entitled to have from their clients as well as from the litigant public. Both the Bench and the Bar are the two inextricable wings of the judicial forum and therefore the aforesaid mutual respect is sine qua non for the efficient functioning of the solemn work carried on in courts of law. But that does not mean that any advocate or a group of them can boycott the courts or any particular court and ask the court to desist from discharging judicial functions. At any rate, no advocate can ask the court to avoid a case on the ground that he does not want to appear in that court.”
4. Role of Lawyers in Framing the Constitution
In O.P. Sharma vs High Court of Punjab & Haryana [(2011) 6 SCC 86 : (2011) 3 SCC (Civ) 218 : (2011) 2 SCC (Cri) 821 : (2011) 2 SCC (L&S) 11] the Hon’ble Supreme Court observed:
“17. The role and status of lawyers at the beginning of sovereign and democratic India is accounted as extremely vital in deciding that the nation's administration was to be governed by the rule of law.”
The Supreme Court also emphasised on the role of eminent lawyers in the framing of the Constitution. The emphasis was also laid on the concept that lawyers are the officers of the court in the administration of justice.
5. The Bar and the Bench are Integral to Administration of Justice
In R.K. Garg vs State of Himachal Pradesh [(1981) 3 SCC 166 : 1981 SCC (Cri) 663], the Supreme Court observed:
“9. … the Bar and the Bench are an integral part of the same mechanism which administers justice to the people. Many members of the Bench are drawn from the Bar and their past association is a source of inspiration and pride to them. It ought to be a matter of equal pride to the Bar. It is unquestionably true that courtesy breeds courtesy and just as charity has to begin at home, courtesy must begin with the Judge. A discourteous Judge is like an ill-tuned instrument in the setting of a courtroom. But members of the Bar will do well to remember that such flagrant violations of professional ethics and cultured conduct will only result in the ultimate destruction of a system without which no democracy can survive.”