Appeal to bar council

Bar council is not authority to frame guidelines for advocates to draft the legal notice in the manner the council decides.

Also it is incorrect to find fault on the advocate for drafting the legal notice in the way it was because a lawyer is not having any special interest in the subject matter that he will introduce his own thoughts in the legal notice.

It is prepared on the instructions of the client hence a lawyer cannot be held liable for this.

Originally posted by : T. Kalaiselvan, Advocate
	Bar council is not authority to frame guidelines for advocates to draft the legal notice in the manner the council decides.Also it is incorrect to find fault on the advocate for drafting the legal notice in the way it was because a lawyer is not having any special interest in the subject matter that he will introduce his own thoughts in the legal notice.It is prepared on the instructions of the client hence a lawyer cannot be held liable for this.

I found following information on website of Bar council  of India under heading RULES FOR PROFESSIONAL STANDARDS.4. Refuse to act in an illegal manner towards the opposition An advocate should refuse to act in an illegal or improper manner towards the opposing counsel or the opposing parties. He shall also use his best efforts to restrain and prevent his client from acting in any illegal, improper manner or use unfair practices in any mater towards the judiciary, opposing counsel or the opposing parties. 5. Refuse to represent clients who insist on unfair means An advocate shall refuse to represent any client who insists on using unfair or improper means. An advocate shall excise his own judgment in such matters. He shall not blindly follow the instructions of the client. He shall be dignified in use of his language in correspondence and during arguments in court. He shall not scandalously damage the reputation of the parties on false grounds during pleadings. He shall not use unparliamentary language during arguments in the court. I am posting link of bar council of India for ready reference.https://www.barcouncilofindia.org/info/rules-on-an-advocates-duty-towards-the-court Advocate act 1961 has mandated bar councils to form rules /guidelines about Professional Conduct of Advocates,not only that it has also empowered council to take actions against advocates if they do not conduct themselves ethically or professionally.Advocate is having knoweledge of law.He can not take down dictation like a stenographer. He has to consider legal implications too. For example. WILL YOU SEND LEGAL NOTICE TO  BANK ROBER FOR NOT GIVING DUE SHARE TO HIS ACOMPLICE just because partner in crime has paid your fee?

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Originally posted by : elda
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