OVERVIEW
The Orissa High Court on Monday levied a fine of Rs. 500 on an advocate for not wearing a neck-band while presenting himself in Court during a virtual hearing.
The counsel penalized was representing the informant in a bail matter and was issued to deposit the amount to the Welfare Fund of High Court Bar Association by the next date of hearing,
FURTHER DETAILS
The Advocates Act, 1961 suggests the dress code for advocates, making it mandatory for lawyers to wear a black robe/coat with a white shirt underneath along with a white neckband.
Section 49 (1) (gg) of the Act also prescribes the dress code for advocates irrespective of the designations.
The bench of Justice S. K. Panigrahi observed the violation of the dress code mentioned under the Advocates Act and stated:
“The etiquette, courtier and attire are subtle indicators of erudition and professionalism especially for lawyers and this strongly influences people’s perception on the profession. The profession is solemn in nature and its profundity is complemented by its attire. Being an advocate, he is expected to appear before the Court in a dignified manner with proper dress, even if it is a virtual mode.
The Court is duty-bound to restore the dignity of the profession including the prescribed dress code.”
RELATED ORDERS
The Madras High Court on February 3 expressed disapproval at the lawyer’s conduct who appeared for a virtual hearing from a stationed car and ‘in a casual manner.’
The Delhi High Court, as reported by PTI, also expressed concern regarding the advocates’ conducts and stated that it is ‘simply shocking’ that lawyers present themselves in court through video-conferences while being on ‘roads, sitting in parks and even running up on stairs’, making them inaudible to the court, thus resulting to be inconvenient to conduct proceedings.
The Gujarat High Court on September 23, 2020 had penalised the applicant-accused of a criminal miscellaneous application for openly spitting while attending the video-conference, and proceeded to charge them with a fine of Rs. 500.
Inter alia, there have been multiple incidents where advocates have appeared for virtual hearings in inappropriate clothing.
CONCLUSION
As rightly said by Justice Panigrahi, the etiquette and attire of an advocate should exude professionalism and the nature and perception of the profession is complemented by its attire.
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