The legal profession, often heralded for its nobility, is built on the pillars of independence and decorum. Central to this framework are bar associations, which play a vital role in upholding the integrity of the profession. As articulated by Diego Garcia-Sayan, the UN Special Rapporteur, a bar association is deemed independent when it remains free from external pressures, enabling it to regulate the profession, develop ethical codes, and uphold the right of lawyers to associate. This independence is not merely theoretical; it is a practical necessity for the ethical practice of law.

THE NOBLE ROLE OF ADVOCACY

Advocacy stands apart from other professions due to its integral role in administering justice. Advocates must navigate complex legal landscapes, balancing their responsibilities to clients with their obligations to the court and the legal system. Key duties of an advocate include:

Briefing: Thoroughly understanding the case and preparing compelling arguments.

Counselling: Offering informed legal advice tailored to clients’ specific circumstances.

Pleadings and Conveyancing: Drafting legal documents with precision to meet compliance standards.

Witness Examination: Eliciting relevant information while challenging opposing evidence.

Arguments: Presenting persuasive legal arguments to advocate for clients’ rights.

These responsibilities are not just tasks; they embody the advocate’s commitment to justice and ethical conduct.

THE IMPORTANCE OF ETHICS AND ETIQUETTE

The practice of advocacy is anchored in a strict code of ethics and etiquette. These principles, rooted in morality and societal norms, ensure that advocates conduct themselves in a professional and responsible manner. While ethics serve as general guidelines for behaviour, etiquette delineates specific rules for conduct in legal settings. Recent incidents in court have underscored the importance of maintaining decorum, particularly in high-stakes environments like the Hon’ble Supreme Court of India.

One notable incident involved an advocate who argued out of turn, seeking an urgent hearing for a Public Interest Litigation (PIL) not listed for the day. The Hon’ble Chief Justice of India (CJI) rebuked him sharply, stating, “This is not a platform that you can board any train. Speak to a senior on how to behave in a court and what are the rules. You are a lawyer, right? You should know when and how to mention matters.” This incident exemplifies the Hon’ble CJI’s commitment to maintaining courtroom decorum and professionalism, which are essential for the credibility of the judicial system.

UPHOLDING COURT DECORUM: HON’BLE CJI’S STANCE

Recent incidents in courts have highlighted the importance of maintaining court decorum and upholding the high standards expected of legal professionals. The Hon’ble CJI has repeatedly emphasized the need for advocates to conduct themselves with dignity and respect for the court.

The Hon’ble CJI has consistently affirmed the need for strict adherence to court decorum. In a striking rebuke, the Hon’ble CJI remarked, “Once a judge blinks, you get some date. A little bit of discretion I have as the Hon’ble Chief Justice will never be exercised in your favour. You cannot take the court for a ride.” This comment highlights the delicate balance of authority and respect that must be maintained in judicial proceedings.

Furthermore, the Hon’ble CJI has criticized the emerging practice of repeatedly mentioning the case in an attempt to secure favourable dates, calling it “a new practice.” The Hon’ble CJI is not hesitated to address advocates who disrupt courtroom proceedings, as illustrated in an exchange with one of the Senior Advocate. When the Senior Advocate, interrupted another advocate, claiming his seniority and having been appointed as an amicus-curiae in the matter, the Hon’ble CJI firmly stated, “I haven’t appointed any amicus,” and cautioned against addressing the gallery, thereby reinforcing the decorum expected in court. Thereafter, the Senior Advocate threatened to leave the court, then the Hon’ble CJI instructed the security to escort the Senior Advocate out of the court. The above instance gave the strong message across the country that non-even the senior members of bar are above the court’s decorum and shall abide by the all the members of the bar.

In yet another instance, the Hon’ble CJI admonished a petitioner for informal language, saying, “This is not a coffee shop! What is this ‘yeah yeah’? I am very allergic to this ‘yeah yeah.’ This cannot be allowed.” Such strong statements serve to remind all legal practitioners that the courtroom is a space of seriousness and respect, where decorum must be preserved at all costs.