The Hon’ble Supreme Court of India said in the case of J.S. Jadhav v. Mustafa Haji Mohamad Yusuf that “Advocacy is not a skill but a calling; a profession whereby commitment to duty is the hallmark.” The two wings that will carry the advocate to the tower of success are honesty of performance and earnestness of endeavor.
Other credentials will naturally arise as a result of these values. This is why the legal profession is held in such high respect.”
As a result, the legal fraternity oriented on sustaining and reinforcing the justice idea resembles nobility and must be preserved and obeyed by those engaged in it. Ethics, in general, refers to the traits that comprise a well-founded norm of righteous behavior qua the code of conduct clarifying what an individual is expected to do, i.e. his rights and responsibilities.
The legal profession, like every other profession, is governed by a code of ethics. Professional ethics is undeniably the foundational concept on which this wonderful profession has been established. Such legal professional ethics provide the ethical code that a lawyer should follow in order to maintain the rule of law and justice by balancing the bar and the bench.
A great position requires tremendous responsibility; for example, an advocate who is competent to argue should possess specific traits and other relevant abilities. In India, legal ethics is described as a code of conduct, either written or unwritten, that governs advocate behaviour and is governed by the Advocates Act, 1961.
The Bar Council of India Rules includes rules on the professional standards that an advocate must maintain in Chapter II, Part VI. Section 49(1) (c) of the Advocates Act of 1961 incorporates these regulations. This clause authorizes the Indian Bar Council (a statutory body formed under Section 4 of the Advocates Act, 1961) to formulate and control regulations on the standard of professional conduct and etiquette to be followed by advocates.
Advocacy’s Seven Lamps
To succeed as a lawyer, a man must labour like a horse and live like a hermit, according to Sir John Scott, 1st Earl of Eldon. Former Chief Justice of India S H Kapadia agreed, emphasizing the importance of character in an advocate’s ability to stay at the top of the legal profession. Jack of all crafts, master of none is the iconic phraseology that characterizes one of the fundamental traits of a brilliant legal practitioner.
Both usages explain the traits that an advocate must have when working in the legal field. Legal ethics, on the other hand, are guided and based in the principles of Justice Abbott Parry’s ‘Seven Lamps of Advocacy’ Book. Integrity, wit, proficiency, competence, bravery, articulacy, rationality, and all other talents that every legal person must possess are among these attributes.
The phrase “lawyers are liars” has long been used to disparage legal professions in general. However, one cannot ignore the fact that what a layperson considers to be a falsehood may not be one in the true sense.
Lawyers, on the other hand, are expected to be truthful since they have a fiduciary obligation to operate in their clients’ best interests. Such honesty should be exhibited in all of their actions, even while giving the argument, ideas, and words.
Honesty and forthrightness mirror the trait of not relying on deception, dishonesty, cheating, or any other unethical or illegal behavior. If this is the case, it will be considered professional misconduct, and their progress will be harmed.
He should be a pioneer in enforcing justice in every way conceivable, not a master of deception. He should give his clients adequate legal advice. Honesty in the workplace will assist him in achieving success in his area.
The link between bravery and honesty is undeniable. The ability to stay brave under pressure and agony will be enhanced by refined legal knowledge, talents, and other attributes of truthfulness. But why are advocates expected to have this quality? This is not an open-ended question since outstanding attorneys are known for their fearlessness, which is attributed to eloquent speech, compelling writings, and critical thinking.
Good attorneys are always compassionate and have excellent work ethics. An advocate, no matter how competent or results-oriented, will never be recognized as an expert in this profession unless and until he has bravery. Courage is associated with pacifists who have a strong moral compass and the ability to defend their clients in court. As a result, attorneys should not back off from taking action, even if it is a dissenting one, out of fear of harm approaching them.
Wit refers to the ability to recognize and communicate the connections between concepts that elicit humor and pleasure. In other words, it is the ability to think clearly and talk concisely while expressing oneself creatively. The term “wit lightens the darkness of advocacy” alludes to the importance of this lighting. But why is it necessary for an advocate to have this quality? Because it is the result of cleverness, intellect, smartness, and keen-mindedness, it gives a great lot of critical analyzing abilities.
Withal, Arguments, providing evidence, cross-examinations, and convincing the jury or the court are all part of advocacy. In reality, a prepared and rehearsed speech will never benefit you in court, but rapid wit can. However, it is important to note that law is sometimes compared to the spider web because of the latter’s entanglement aspect, which entangles and traps the poor and weak while allowing the rich and powerful to easily breakthrough. To overcome this gap, an advocate must have enough wit.
This lamp suggests that advocates excel in all of the needed skill sets in order to remain or flourish in the area of law. Law is dynamic, evolving to meet the demands of society and adapting to the changing status quo. As a result, an advocate should keep up to date in accordance with the proverb, “There is no substitute for a hard effort.”
Without appropriate legal expertise, no lawyer can win the case. He must have allotted enough time for the case so that he could handle it correctly and enhance his chances of winning. Our legislation is not static; it evolves in response to the changing needs of society in order to address new issues. This new legislation should be reviewed by an attorney. Even if a lawyer was competent enough to handle all of the cases in the past, if he suddenly fails to keep up with new legislation, he will have difficulty handling the case in the present. There is no alternative to hard labor.
This light is critical in evaluating an advocate’s ability, which influences his career success rate. Eloquence is the skill of speaking, and it is a cure-all for all other forms of ineptitude. However, an eloquent speech differs from a simple deliverable speech in that it leaves a lasting impression on the judge, as well as the clients and listeners.
Eloquence, in general, refers to error-free fluent communication that has a convincing effect, but it never refers to giving a grandiloquent speech that sounds better than it is. Speech fluency may be cultivated, but it is a continuous process that requires the practitioner to have a thorough understanding of the subject.
Steps to mastering this talent
- Noticing the flaws of others
- Mental presence
- Argumentation effectiveness with justification
The most significant of the Seven Lamps of Advocacy is this one. In advocacy, judgment is the ability of an advocate to determine the aggregate case facts by determining the case’s merits and demerits. Anticipating and countering potential counterarguments by having the intellectual capacity to discern the case’s proper turning point. Essentially, it is the process of converting good judgment into good action.
An attorney is required to notify his clients of the exact legal state of their case. He should be capable of selecting the alternative that appears to be the best at the time of the decision while also considering all conceivable scenarios.
While litigating, advocates clearly oppose each other in order to protect their clients’ interests. However, such a verbal confrontation in the courtroom will not affect their good relationship because they are opponents, not rivals. To assist this interest, advocates are obliged to join bar associations after receiving a Certificate of Enrollment under section 22 of the Advocates Act, 1961.
The Eighth Advocacy Lamp
TACT is the eighth advocacy light. V Krishnaswamy Iyer, an Indian lawyer and former judge of the Madras High Court, has included the TEACT as the eighth light of advocacy in his book PROFESSIONAL CONDUCT AND ADVOCACY.
Due to the hefty and serious arguments made by counsel, the courtroom can sometimes become a shambles. Advocates should be prepared to handle the matter in such a case. An advocate must be able to:
- In that circumstance, govern his customer
- Control over the case’s opposing counsel.
- Convince the judge
An attorney should employ a powerful approach to keep a tumultuous environment in the courtroom under control.
The essence of the aforementioned seven lights of advocacy elucidates the characteristics of a successful advocate and states that an advocate must boldly support justice by all fair and honorable ways. In addition, Mr. K. N. Krishnaswamy Aiyer pioneered another light called Tact in his book “Professional behavior and advocacy.” The Tact, the eighth light, examines the people skill on its whole and explains why an advocate should improve his capacity to interact with people.
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