Rights and Privileges of Advocates

Rights and Privileges of advocates in India are described and protected primarily by the Advocates Act, 1961 and the rules framed by Bar Council of India. The rights and privileges that given to advocates ensure their independency, hone their skills to practice law with confidence, and maintain professional autonomy.

However, the Act not only provides rights, but also gives responsibilities and duties, codes of conduct, and ethical responsibility within the legal profession.

Rights of Advocates

Major rights of an Advocate in India are −

Right to Practice

The "Right to Practice" is the most fundamental right that granted to every advocate practicing law in India. The right to practice is a comprehensive term that includes right to appear in all sorts of courts (including the Supreme Court of India), all tribunals, and other such law forums.

Further, the right to practice is given by section 30 of Advocates Act, 1961, which states that

every advocate whose name is entered in the [State roll] shall be entitled as of right to practice throughout the territories to which this Act extends, −

• in all courts including the Supreme Court;

• before any tribunal or person legally authorised to take evidence; and

• before any other authority or person before whom such advocate is by or under any law for the time being in force entitled to practice.

Right to Freedom of Speech and Expression

Though “right to freedom of speech and expression” enshrined under part III and Article 19 (1)(a) of the Indian Constitution, is not specific to lawyers and advocates only but rather applied to all citizens of India in the same manner as it is applicable to advocates. However, as the advocates play a crucial role while pleading or advocating the rights and interests of their clients, the right to freedom of speech and expression gives confidence and apt to perform their duty efficiently. They can suggest, comment, give opinion, and criticize in reference to the matter related to their case in particular and related to respective laws and case laws in general.

Right to Legal Representation and Defend their Clients

The “Right to Legal Representation and Defending Clients” is another noticeable right that defines one of the most essential roles of advocates. This right involves the client’s freedom to represented by an advocate of their choice during the legal proceedings and advocates has the right to defend their clients freely and diligently. This right ensures the fair trial and access to justice and hence fundamental to the adversarial legal system.

Right to Maintain Client’s Confidentiality

The "Right to Reserve Client’s Confidentiality" is an imperative and ethical principle that safeguards the privacy and build trust between advocates and their clients. This right ensures clients that the information shared by them with their advocate remains confidential and protected. Advocates are bound by professional and ethical duty not to disclose any confidential information without the client's consent. It develops an environment of trust essential for effective legal representation. Likewise, the "Right to Client Confidentiality" is foundational in maintaining the integrity of the attorney-client relationship, promoting open communication, and upholding the ethical standards within the legal profession.

Right to Participate in Bar Associations

The "Right to Participate in Bar Associations" upholds the advocate's entitlement to engage actively in legal communities and professional organizations, such as Bar Associations. Advocates have the right as well as mandatory to join these associations, where they can collaborate, share knowledge, and collectively address matters concerning the legal profession. This right promotes professional solidarity, facilitates networking, and allows advocates to contribute to the development and improvement of legal practices.

Right to Charge Fee

Advocates have the right to charge reasonable fee against the services that he intended to provide or already provided to their clients. This right gives the means of subsistence and also encourage to practice their legal profession efficiently.

Right to Meet with the Accused-cum Client

Meeting with the client is one of the fundamental needs of an advocate to start legal proceedings. Specially in criminal cases, when a person accused of any crime arrested and kept in police lock-up or jail, advocate has the right to meet with that person/accused in police lock-up or in jail. It is Police Station-in charge’s or jailor’s (whatever the case may be) responsibility to arrange such meeting in a quiet place without any interference and disturbance.

Right to Refuse the Case

Right “Right to Refuse the Case” is another fundamental right of an advocate, which means advocates are not bound to accept, argue, and fight every case that comes their way. In other words, advocates have the right to accept the case as well as refuse to accept the case.

Privileges of Advocates

Advocates in India have some privileges as well that they enjoy during the course of their legal practice −

• Legal Immunity − Advocates do have some specified immunities from legal actions for statements made during court proceedings to ensure they can represent their clients strongly.

• Exemption from Arrest − All the advocates are exempted from arrest under civil process, specifically while going to the court or during the court procedure or while returning from the court as provided under Section 135 of the Civil Procedure Code.

• Privilege to Put Advocate’s Symbolic Sticker on their Vehicles − All advocates have the privilege to put advocate’s sticker on their vehicles. This sticker provides immunity and preference to some extent in terms of parking in the court’s premises, unnecessary road-side inquiry, etc.

Conclusion

The rights and privileges of advocates are the most essential elements of legal profession that make legal system independent and approachable. As advocates have the right to practice law, represent clients, and participate in legal communities, foster a dynamic and inclusive legal profession. Furthermore, as described in the Advocates Act of 1961, these rights of advocates uphold the professional autonomy, ethical conduct, and indispensable role of advocates in the administration of justice.

Moreover, as custodians of justice, advocates play a pivotal role in upholding the rule of law and ensuring access to justice for all and making their rights and privileges fundamental to the legal landscape in India.

Frequently Asked Questions

Q1.What is the significance of client confidentiality for advocates?

Ans. Client confidentiality is an important privilege that ensures advocates keep client information confidential. This privilege develops trust between advocates and their clients. It is very important to have open communication and effective legal representation.

Q2.Do advocates enjoy immunity from legal actions for statements made in court?

Ans. Prima facie yes, advocates have a certain level of immunity from legal actions for statements made during court proceedings. This immunity allows them to present cases dynamically without fear of personal repercussions.

Q3.What role does the Advocates Act play in ensuring the rights of advocates?

Ans. The rights, duties, and privileges of advocates in India, are defined by Advocates Act, 1961. The Act is instrumental in regulating the legal profession and upholding ethical standards.