The information you shared highlights the professional and ethical responsibilities of advocates as outlined by the Bar Council of India under the Advocate Act, 1961. Here’s how this aligns with your query:
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The Bar Council of India mandates advocates to adhere to strict ethical and professional standards in their practice. They are not mere instruments for their clients; instead, they are bound by the law and their duty towards the judiciary, opposing parties, and society at large.
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As per the guidelines:
- Advocates must refuse to act in any illegal or improper manner, even if instructed by their clients.
- They must also discourage their clients from engaging in unfair practices or illegal acts.
- Advocates should exercise independent judgment and are not obligated to blindly follow instructions, especially if those instructions violate legal or ethical norms.
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To address your hypothetical example:
- An advocate would refuse to send a legal notice to a bank robber demanding a share of the loot for their accomplice. This is because representing such a client or acting on their instructions would amount to assisting in an illegal activity and contravene the advocate’s ethical obligations.
- The advocate’s role is to uphold the law, not facilitate or endorse criminal or unethical behavior, even if the client has paid their fees.
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The Advocate Act empowers the Bar Council to take disciplinary action against advocates who violate these professional standards. If an advocate were to act on such improper instructions, they could face consequences, including suspension or disbarment.
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This framework ensures that advocates maintain the integrity of the legal profession and act in a manner that upholds the rule of law. Advocates are expected to navigate legal and ethical considerations, distinguishing their role from that of a mere service provider.
we let me know if you want to explore this hypothetical question futhe more .. its intresting but at the same time as blatent as that .
