Introduction
The rights of advocates are governed and protected under the various provisions of the Advocates Act of 1961. This Act provides a framework for this legal profession in India. An advocate has to perform his duties with professional ethics and honesty. Through these rights, an advocate can perform their duties towards their clients, society, the Court and the nation. As we know, the profession of advocacy is judicious, and it also plays a significant role in the judiciary.
An advocate, also called a lawyer, represents their client in Court and also provides legal assistance in various legal subject matters related to law. In this article, we are addressing the various rights and Privileges of advocates which are given under the Advocate Act,1961 and the privileges that make him enable them to effectively perform their duties towards the judiciary in India. So please stay tuned and read below;
What is an Advocate?
An Advocate is a person who belongs to a professional in the field of law. He represents and argues on behalf of their clients in the Court and other judicial departments.
Rights of Advocates in India
According to the Advocates Act, 1961, the Advocate’s rights are given below;
Right to practice
The Advocates Act, 1961, under section 30, defines the right to practice the law of advocacy in India. According to that advocate is entitled to practice in all Courts, as well also practice in the Supreme Court and High Courts Supreme Court and High Courts including all Tribunals. He is entitled to practice in subordinate courts in India. On behalf of the client, the advocate has the right to file Vakalatnama, appear, plead, and act on various functions. Through these rights, an advocate can perform all kinds of functions which are provided under this Act. The right to practice law is a fundamental right that is given to advocates under the Advocates Act. Through this right, advocates not only do legal practice but also exercise their professional skills in the pursuit of justice and the rule of law.
However, to apply this right, there are certain conditions that an advocate needs to follow. To exercise this right, the advocate needs to enrol in the concerned Bar Council, comply with the code of conduct, and acquire the necessary qualifications and experience as per the law.
Rights of Advocate to Pre-audience
The right to pre-audience is mentioned under section 23 of the Advocates Act,1961. The basic meaning of pre-audience is the right to be heard before another is heard. It is a significant Privilege that is given to an advocate under the Act. This right is given according to the hierarchy system. The Attorney General of India has the prior right of pre-audience over the other advocates. After that right is given to the Solicitor General of India, and then after the Additional Solicitor General of India, then the Additional Solicitor General of any state and finally, after them come senior advocates and other advocates of India.
According to this section, an advocate has the right to pre-audience in Court on behalf of his client. Through this right, he can address the Court in front of the audience which is present in the Court. The advocate cannot be prevented from speaking unless he has committed any violation or disregards the decorum of the Court.
Rights of freedom of speech, expression, and free
The right of freedom of speech and expression is recognised as a fundamental right that is given under Article 19(1)(a) of the Constitution of India. This article ensures a guarantee of the freedom of speech and expression for citizens of India. An advocate has that right; he may express fair opinions or criticism regarding the judicial system and its functions. He has the right to put his opinion on the judicial decisions.
An advocate can express his opinion regarding the legal matter that is affecting his client or his legal profession. But one thing we should note is that rights should be used with responsibility and respect for the code of conduct for advocates. An advocate has to avoid making any rude and critical remarks toward the judiciary.
Rights to enter Court and observe the proceedings
An advocate is entitled to enter any courtroom; he has the right to observe court proceedings without representing the case party. Through this, the advocate improves his knowledge related to updated law and the various functions of the Court. An advocate can improve his legal professional skills by observing the presentations of other advocates in the Court.
Right to meet with accused in Jail or Police custody
An advocate can consult and meet with his client in private. He can also meet an accused in private. This right enables an advocate to provide legal assistance and advice to their clients. In private meetings, he can find out facts about the subject matter, which helps them to represent clients in a court of law. Under the provisions of the Advocate Act of 1961, an advocate can meet their clients and can discuss the matter even if an accused is in jail.
Right to secure the privacy of communication
An advocate has the right to maintain the privacy of their communication with the client. Through this right, he can keep secret the information that is provided by his client. This right plays a crucial role in building trust with their client. As we refer to the provisions of the Advocates Act, these rights are mentioned in various provisions. As per that, without the consent of their client, an advocate can not disclose any information and communication that is collected from their clients. Or in some case advocate can disclose that if it is required by law. An advocate must protect the privileged discussions and documents of their clients from misuse or unauthorised access.
Rights against arrest
An advocate is also known as a judicial officer of the Court, as we refer to the provision of section 135 of the Civil Procedure Code, 1908. It is specifically mentioned that the judge, magistrate or other judicial officer is not liable to arrest under civil process. While he conducts the case, going to, presiding in, or returning from his Court.
Advocate Rights in Police Station
The Advocate Protection Bill 2021 was drafted and formed by a seven-member team to address the concern of challenges and difficulties which are faced by advocates and their families. The bill gives an assurance that, as per the provisions of section 11, a police officer shall not arrest an advocate or investigate a case against an advocate without the specific direction of the chief judicial magistrate.
Right to refuse a case
If an advocate thinks, fit that any case which is offered to him is against their professional ethic or is believed to be against their principles. In that situation, they can refuse to accept such cases. This right helps advocates maintain their independence and honesty towards the Court and clients. The Advocate Act provides a guideline for refusing the case if an advocate has a valid reason they may refuse a case or decline representation in the Court.
An advocate can not refuse to represent such kind of case if a case is given to them for representation by the Court in a criminal matter. If an advocate is appointed by a state government to provide legal services, the advocate has to accept a case and represent their clients in the Court.
Right to receive a fee
This is a right of an advocate to receive a reasonable fee for providing their professional services to their clients. This is necessary for an advocate to earn a source of income to survive and sustain their profession.
Advocates are free to receive a fee as per their expertise in the legal field, level of experience, and nature of the case, and they can ensure a fee with a clear understanding and transparency with their clients. An advocate is entitled to file suit against the client for non-payment of their professional fees under the applicable laws.
Advocates of Human Rights
The rights of advocates are not limited to clients, the judiciary and society, but there is a duty of an advocate to act as an active part in implementing international human rights standards to encourage civil society and reinforce the rule of law.
Rights of Advocates for Taking up Law Teaching
As per the University Grants Commission Act, 1956 (3 of 1956), an advocate may take up the teaching of law in any educational institution while engaging in practice within a limited time which is prescribed under this Act.
Conclusion
The Advocates Act 1961 provides various rights for the Advocate. As we refer to sections 29 to 34 of said Act, there are mentioned rights of practicing. According to that, an advocate who enrols with the State Bar Council can handle cases in the Supreme Court, High Court, Subordinate Courts, Tribunal, and such kinds of all such legal authorities, whether jointly or individually.
Reference
University Grants Commission Act, 1956 (3 of 1956)
