Seven Lamps of Advocacy PDF

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Seven Lamps of Advocacy Introduction Advocacy is an honourable profession. Advocates are part and parcel of the judiciary system. Professional ethics consist of those fundamental values on which the profession has been built. Legal ethics is one of the professional ethics which lays down certain duties for the observance of its members, which he owes to the society, to the court, to the profession, to his client and to himself. The practicing lawyer shall have the social responsibility and dignity of the legal profession and high standard of integrity and efficient service to his client as well as for public welfare. Professional ethics demands not to disclose any secrets of his client or indulge in any unfair practice Meaning Ethics is derived from the Latin word “ethicus” and Greek word “ethos” which means making a distinction between what is wrong and right. Professional ethics means a conduct written or unwritten which prescribes the duties of a profession (legal Profession). The practicing lawyer shall have the social responsibility and dignity of the legal profession and high standard of integrity and efficient service to his client as well as for public welfare. Professional ethics demands not to disclose any secrets of his client or indulge in any unfair practice The practicing lawyer shall have the social responsibility and dignity of the legal profession and high standard of integrity and efficient service to his client as well as for public welfare. Professional ethics demands not to disclose any secrets of his client or indulge in any unfair practice Seven Lamps of Advocacy Legal profession is regarded to be a noble one. A good advocate should possess some essential qualities and equipment. Judge Abbot Parry in his book “The Seven Lamps of Advocacy” has defined and laid down the seven lamps that an advocate must possess in his/her profession They are (i) Honesty (ii) Courage (iii) Industry (iv) Wit (v)Eloquence, (vi) Judgment and (vii) Fellowship 1. Honesty It is the quality of straightforwardness; freedom from deceit, cheating or stealing and not telling lies. The best advocates of all time are devotees of honesty. Example for honest character is Abraham Lincoln, who founded his fame and success on what some called „perverse honesty‟ . The nobleness of this profession lies in honesty itself. An advocate should not indulge in any illegal practice. He should disclose the facts to the clients directly and give false assurances. He should not do any act which would amount to professional misconduct. Honesty, integrity and character are essential for a success of an advocate. 2. Courage

Courage is the quality that enables a person to control fear in the face of danger, pain, misfortune, etc.; It is the duty of an Advocate to fearlessly uphold the interest of his client by all fair means without fear of any unpleasant consequences to himself or any other person. It is the knowledge and the skill of the Advocate that gives him the necessary courage and confidence to present the case fearlessly and to uphold the interest of the client. Courage is as good a weapon in the forum as in the war camp, According to Charles Hutton’s. ‘He hath in perfection the three chief qualifications of an advocate; Boldness, — Boldness and Boldness’. 3) Industry Advocacy is needed a life of industry. An advocate must study his brief in the same way that an actor studies his part. means hard work. Hard works is absolutely necessary for an Advocate. His knowledge of law should be up to date. He shall never be ignorant of the current law in force. He shall get acquainted with the latest law by systematic study. If one ignores the law, the law will also ignore him. That is why it is said that “law is the jealous mistress”. Lord Eldon Says, “An advocate must live like a hermit and work like a horse”. Advocacy is an intellectual profession. Intelligence and knowledge will be sharpened with hard-work and strenuous efforts. 4. Wit Wit means clever and humorous expression of ideas; liveliness of spirit. Wit flows from intelligence; understanding and quickness of mind. Wit lessens the work load of an advocate. So constant clash between them is common. Anxiety for a favourable verdict on the part of the lawyers; and perpetual worry for the pursuit of the truth on the part of the judges generate strain and tension. 5) Eloquence The success of an advocate depends upon his eloquence. Eloquence means fluent speaking and skilful use of language to persuade or to appeal to the feelings of others. Fluent speaking impresses the listener. As advocate must be fluent, skilful in using appropriate words to impress the Court. Eloquence attracts the attention of the listener. Eloquence is related to the art of oratory. ‘Eloquence of manner is real eloquence’ and there is a physical as well as psychological side to advocacy. Words are his keys of thoughts. Strong vocabulary gives him assurance, build his self confidence and build his personality. Words must be employed with eloquence. The art of persuasive and impressive speaking will give the desired result in his favour. 6) Judgement An advocate must be capable of judging between what is right and wrong. He must be in a possession to decide upon the merits of the case. He should inform the client the legal status and not mislead the client. Judgment is an intellectual capacity, ‘the inspiration which enables a man to translate good sense into right action’. It means the ability to come to a sensible conclusion and make wise decisions at the relevant time in the proper way. It is on the basis of these conclusions he should employ the necessary facts and the techniques in the case which he is engaged. This quality is necessary from the beginning of filing the case till its final disposal. An Advocate must always anticipate all the possible moves of the other side

and must develop the necessary presence of mind, alertness and tact to cope with any awkward situation of difficulty that may arise in the case. Judge Abbot Parry has referred to judgment as one of the seven lamps; but he refers to it essentially as an intellectual capacity, ‘the inspiration’ which enables a mean to translate good sense into right action e.g. ‘seeing the right point of his case’ and the like. 7) Fellowship It means friendly association or companionship. Though the advocates are opponent parties before the bench they are not enemies to each other. They shall maintain good relationship with their fellow advocates In legal profession, one Advocate fights with another Advocate for justice before the learned judge. There may be controversies and contradictions in their contention relating to the case, but that shall never affect the fellowship. The Advocates should refer the opposite party’s Advocate as “Learned Friend” and the judge should be referred as “Learned Judge”. In order to maintain the fellowship, the Bar Council of India has laid down certain rules to be observed as the duty to colleagues. Among advocates, there is just the same rough familiarly, the general ardour of character, the same kind of public opinion expressed in exactly the same blunt, unmistakable manner. By keeping the lump of fellowship burning, advocates encourage each other by sharing the knowledge to walk in the light of the seven lamps of advocacy. 8) Tact A new lamp was added by K.V.Krishnaswamy Aiyer, in his book “Professional Conduct and Advocacy” adds one more lamp i.e. tact. Tact means handling people and situations skilfully and without causing offence. An advocate must be in a position to tackle and win his client, opponent party, opponent advocate in a smoother way. Many people of unequal ability have failed for want of tack. An advocate should not quarrel with Court or loose temper over trifle things in the Court and outside. Men of unquestioned ability have suffered for quarreling with the tribunal or for standing on their dignity over trifles, for getting their clients, or for losing their tempers; they are men of parts but more properly refers to the human side of putting into action the result of one’s judgment.

What is professional Ethics? Explain the critical role of regulatory approach in maintenance of professional ethics in advocacy Discuss the duties of an advocate towards his client Explain the duties of an advocate towards the State and the Public Explain the core duties of an advocate in maintaining the dignity and integrity of legal profession. What is the preception of K.V. Krishnaswamy Iyer on essential equipment of a successful lawyer Explain the duties of an advocate towards the court. Explain why legal profession is considered as a noble profession. Explain the importance of legal profession in the administration of justice What are the reasons and objects of passing of Advocates Act 1961? Describe the duties of which an advocate owes towards the witnesses. Briefly explain the seven lamps of advocacy by Justice Parry Abbot. State the salient features of Advocate’s Act 1961. Analyse the status of legal profession in India today...