Q: What are the rights of an advocate ?

Ans: In India, the law that governs advocates is the Advocates Act, 1961.

An advocate has the ‘right to practice’ guaranteed by Article 19(1)(g) of the Indian Constitution and Section 30 of the Advocates Act.

Pre-audience in general terms means the right to be heard before others.

In India, Right to Pre-audience is provided under Section 23 of the Advocates Act, 1961.

Section 11 provides that “No Police Officer shall arrest an Advocate and/or investigate a case  against an Advocate without the specific order of the Chief Judicial Magistrate in conformity with Advocate Protection Bill, 2021. 

An advocate also has many other rights such as the right to pre-audience, fee, meet client in jail, enter any court, not get arrested etc.

Advocates have several duties towards both their clients and the Court.

Towards the clients, the advocates have a lot of duties including accepting briefs, making honest disclosures, giving best legal advice, maintaining confidentiality, giving updates and not taking up the matter of the opposition in the same case.

Towards to Courts, the advocates have the duties of maintaining a respectful attitude, conducting themselves with dignity, not trying to influence the court by illegal means, dressing up in the prescribed manner and not prosecuting an innocent person for conviction knowingly.

Under Rule 49 of the Bar Council of India Rules, an advocate shall not be a full-time employee of any person, Government, firm, corporation or concern and on taking up such employment, shall intimate such fact to the Bar Council concerned and shall cease to practise as long as he is in such employment.

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