LAKHMI CHAND INSTITUTE OF THECHNOLOGY

DEPARTMENT OF LEGAL STUDIES

SESSION 2018-19

SUBJECT:- PROFESSIONAL ETHICS

PROJECT TOPIC:- KEY COMPONENTS OF ADVOCACY &

FUNCTION OF AN ADVOCATE

Submitted to

Mrs. Neemasri Yadav

Assistant professor

Submitted by

Manju Dhruv

LL.B (semester 1st )

Date of submission 30 October 2018

 DECLARATION

I Manju Dhruv declare that the project work entitled “Key components of advocacy &

function of an advocate” submitted to LCIT college of law, is an original and authenticated

work written by me, under the guidance of Mrs. Neemasri Yadav, Assistant Professor of

Contract Law. The conclusions therein are based on material collected by myself.

Manju Dhruv

LL.B. (Semester 1st)

 CERTIFICATE

This is certify that MANJU DHRUV, student of LL.B 1st semester of LCIT college of law has

completed the project titled “Key components of advocacy & function of an advocate”

under my guidance and completed it to my satisfaction. The best of my knowledge.

The present work is the result of her own original investigation and study.

Manju Dhruv Faculty signature:

LL.B (semester 1st )

 ACKNOWLADGMENT

I wish to express my gratitude to Mrs. Neemasri Yadav, the faculty of Contract law for

providing me opportunity to do my project work on “Key components of advocacy &

function of an advocate”

I also thankful to college administration for providing me resources of research and

opportunity to embark on this project.

Manju Dhruv

LL.B (semester 1st )

 ABSTRECT

Every profession need some quality to be good at the job in this case with advocacy.
Advocacy is one of the pillar of judicial system .the Legal profession is regarded as one of the
noble profession so a good legal practitioner i.e. an advocate must possess contain qualities
so as to enable the society to get maximum justice.

Honesty, courage, industry, wit, eloquence, judgment, fellowship, and tact is very important
elements of advocacy.

Counselling, advocacy, improving his profession, the courts and law, leadership in moulding
public opinion and unselfish holding of public office – are the essential functions of the great
advocate
 TABLE OF CONTENT

DECLARATION ……………………………………………………..I

CERTIFICATE………………………………………………………..II

ACKNOWLADGMENT……………………………………………...III

ABSTRACT…………………………………………………………....IV

RESERCH AND METHEDOLOGY

I. INTRODUCTION

II. ELEMENTS OF ADVOCACY

III. SEVEN LAMPS OF ADVOCACY

IV. FUNCTION OF ADVOCATE

CONCLUSION……………………………………………….

BIBLIOGRAPHY ……………………………………………
 I. INTRODUCTION

What is advocacy?

Advocacy in all its forms seeks to ensure that people, particularly those who are most
vulnerable in society, are able to:

 Have their voice heard on issues that are important to them.

 Defend and safeguard their rights.

 Have their views and wishes genuinely considered when decisions are being made about
their lives.

Advocacy is a process of supporting and enabling people to:

 Express their views and concerns.

 Access information and services.

 Defend and promote their rights and responsibilities.

 Explore choices and options

An advocate is someone who provides advocacy support when you need it. An advocate
might help you access information you need or go with you to meetings or interviews, in a
supportive role. You may want your advocate to write letters on your behalf, or speak for you
in situations where you don’t feel able to speak for yourself.

Our advocates will spend time with you to get to know your views and wishes and work
closely to the Advocacy Code of Practice.
Advocacy can be helpful in all kinds of situations where you:

 Find it difficult to make your views known.

 Need other people listen to you and take your views into account.

Advocacy Legal Definition: “ Active support for a legal cause by argument and
persuasion”.
Importance of advocacy

Why it’s an Important Skill?

Given that being a successful advocate involves mastering a whole host of abilities from
public speaking to critical thinking, it is unsurprising that it is a highly sought after skill for
lawyers.
Advocacy experience is highly prized by employers; not only does it improve communication
and research skills; it also develops confidence and is a great test of academic ability.

Advocacy is essential for hopeful barristers; however, due to the range of skills advocacy
encompasses its application is not even confined to a legal career. The ability to present,
perform under pressure and analyze large quantities of information are extremely transferable
skills and can come in useful in all professions.

When it is Used?

Advocacy is most obviously applicable in the context of court litigation which is usually the
last resort when it comes to resolving disputes. The image of a lawyer arguing in court is
probably the first thing people think of when they hear the phrase ‘legal advocacy’.
However, skills associated with advocacy are rarely confined to the courtroom. They apply to
other forms of dispute resolution such as arbitration and mediation as well as to the work
lawyers do with clients generally.

For instance skills such as researching an area of law and presenting your findings are just as
relevant when giving advice to a client as they are when you are representing a client in court.

How to Get Involved

Mooting

Any law student who has mooted at university will know that advocacy takes practice; this is
partly because it involves such a broad range of skills. In fact, mooting is the best way to
practice your advocacy skills as a law student.
A moot is a debate of legal issues raised by a hypothetical court case. In a moot you will
debate the law and develop your ability to think critically and apply the law to the facts. Each
mooter researches their moot problem, prepares a skeleton argument and a bundle of case and
statutory authorities.
The advocates then have a set time to present legal arguments and respond to any
interjections by the moot judge. The aim is to present the best arguments, and also to be the
most persuasive advocate.
Almost all universities which offer a law degree will have a mooting society so there really is
no excuse not to at least try it once! Mooting societies often organize ‘novice moots’ and
introductory courses to help first time advocates find their feet.

Observing a trial

If mooting seems like a big leap at the moment, try going to court to observe any trial. There
you can see real-life examples of good and bad advocacy. If you notice an advocate putting
forward outstanding arguments, ask yourself why their case seems so powerful, make notes
and enjoy the experience. Observing a trial is an easy way to get a feel for what advocacy is
like and witness impressive advocacy skills.
Ultimately, understanding what advocacy is and what it involves is clearly important for all
lawyers, but actually gaining experience in advocacy is a great way to develop a whole host
of skills and give your legal CV a big boost.
 Research and methodology

Title

 Key components of advocacy & function of an advocate.

Problem

 What key components are important for an ideal advocate?

 Function of an advocate.

Rationale

 To study the important key components of an ideal advocate.

 To study the function of an advocate.

Objective of the project

 What key components are important for an ideal advocate?

 Function of an advocate.

Review of literature

 Dr. S.R. Myneni Professional Ethics.

Dr. S.R. Myneni is an important book of Professional Ethics, which deals with
Professional Ethics for lawyers.

 Dr. Kailash Rai, Legal Ethics 15th edition.

Dr. Kailash Rai Legal Ethics is an important book which deals with detail knowledge of
Professional ethics for lawyers and function of an advocate.
1. Source of data

In dealing with the topic, I have referred to relevant provisions of the Advocate Act 1961
wherever necessary. I have read many e-books, websites, and books to obtain the right
information, which is relevant to this project work. The data and information given in this
project is based on my research upon various gathered books and websites.

2. Method of research

The research methodology that has been adopted is purely doctrinal and analytical in nature.
Various noted texts, articles, primary legislations have been studied and a comparative analysis
have been made. All the material referred have been duly be acknowledged. I created this
project after analyzing and investigating every aspect of relevant facts.

3. Time

It took 1 month to collect all the relevant data and information.

 II. ELEMENTS OF ADVOCACY

The following are 8 essential elements of advocacy.

A) Accept Brief in the Court -

An advocate is bound to accept any brief in the Courts or Tribunal or before any other
authority in or before which he is professes to practice at a fee consistent with his standing at
the Bar and the nature of the case.

B)Filing the case -

In civil cases of suit is required to be instituted by presenting a plaint to the court. The
statement of a plaint regarding his claim he is taken as a plaint. The plaintiff presents his case
along with cause of action etc, through the plaint. The plant is also called the written
statement. Every pleading is required to contain a statement in a concise form of the material
facts on which the party filing the plaint relies for his claim or defense.

Pleading-There are four fundamental principles of pleadings:

1) Every pleading must state Fact and No Law.

2) It must state all the material facts;

3) It must state only the facts on which the party pleading relies, and not the evidence; and

4) It must state concisely but with precision and certainty.

The object of the pleading is to make both the parties aware of their cases and allegations
against each other. Every pleading shall be signed by the party and his pleader. Order VI of
the Civil Procedure Code deals with pleadings. It contains several rules relating to pleading.
An advocate shall follow the rules in his pleading. Suit is commenced by presentation of the
plaint.
C) Examination-in-chief -
Examination-in-chief is the way in which advocates present almost all the evidence through
witnesses, whether as Counsel for plaintiff or defendant. Examination of expert witnesses
and admission of expert opinions are also vital part of advocacy for which special skill is to
be achieved according to the expert evidence.

D) Cross-examination -
The examination of a witness by the adverse party shall be called his cross examination.
Witness shall be first examined-in-chief and cross-examined, later re-examined. The witness
maybe cross-examined to show his bias or prejudice, to show an interest in the outcome of
the case. Cross-examination should be carefully done to the extent when there is a reasonable

Chance that it will advance their clients theory of the case or undermine some elements of the
opponent's case or defense. Good cross-examination is an art and it is learnt from experience
and from observing senior Advocates while cross-examining witnesses as well.

in cross-examination every question is required to be asking with an object. By cross-

examination discrepancies in the evidence of the opponent may be created.

Cross examination of witness is a procedural matter. It should be done according to the

provision of the Indian Evidence Act, Civil Procedure Code, Criminal Procedure Code and
the provisions of the law.

While cross-examining witnesses, an advocate must not offend the personal feelings of the
opposite party.

Cross-examination must relate to the relevant facts. An advocate has no right to disgrace and
bully a witness by putting offensive questions. The witness may be cross-examined on the
same point and if there is a contradiction in relation to the transaction, the same can be
brought to the notice of the court during arguments. Cross-examination should not be
misused by an examination which is unnecessarily too long, ambiguous, improper, aimless
and uncertain.
In cross examination an advocate should ask only leading questions cross examination is an
art and the advocate should use it without losing temper. Questions which affect the
credibility of a witness by attacking his character should not be asked.

It is to be remembered that crossed examination should be carefully done and to the extent
when there is a reasonable chance that it will advance their clients theory of the case, or
undermine from elements of the opponent's case or defense.

The opponent advocate should not interrupt the cross examining advocate. Cross examination
is a right of the Advocate but it should not be misused.

E)Re-Examination -
The examination of a witness subsequent to the cross examination by the party who called
him is called Re-Examination. The main object of the Re-Examination is to explain the points
arising out of the cross-examination. And the Re-Examination is required to be directed to the
explanation of the matter referred to the in cross examination. In the Re-Examination an
attempt is to be made to restore the credit of the witness attacked during the cross-
examination. In re-examination leading questions must not be asked. If new matter is, by
permission of the court, introduced in re-examination, the adverse party has the right to cross-
examine upon that matter.

F) Arguments –
In arguing a case strongest points should be emphasized and the weak points should not be
raised as far as possible. Arguments on each issue should be written out. The name of
witnesses and the documents in support of the issues should be clearly noted.

An advocate should study the record of the case with the object to discover the weak points
and also the strong points in the opponent's case. An advocate should prepare the argument in
such a way as to meet them and prove them as insignificant. If the Advocate finds that a point
of the opponent is very strong and cannot be met, then it is better to concede it. The weak
points in the opponent case should be emphasized much as so as to prove that the weakness is
of such a nature that in spite of everything else cannot be sustained.
G ) Appeals:
Arguing of appeals in a court of law is also of considerable importance. In the previous
judgment, the judge will have some reasonable ground. A careful study of the case is required
to find the points which were not noticed by the Court below.
 III. SEVEN LAMPS OF ADVOCACY

Advocacy is an honorable profession. Advocates are part and parcel of the judiciary system.
Their endeavors solve the conflicts in the society. Advocates defend the rights and liabilities.
They hold important and unique place in the society. Advocacy is not a craft but a calling; a
profession wherein devotion to duty constitutes the hallmark .

Legal profession is regarded to be a noble one. A good advocate should possess some
essential qualities and equipment. Justice ‘Abbot Parry’ qualifies the following qualities as
“Seven Lamps of Advocacy”. They are (i) Honesty (ii) Courage (iii) Industry (iv) Wit (v)
Eloquence, (vi) Judgment and (vii) Fellowship

1) Honesty

Honesty means the quality of straightforwardness; freedom from deceit, cheating or stealing
and not telling lies. Honesty is the most important quality that an advocate should possess.
His thoughts words and deeds should have sincere co-relation to each other with genuineness.
An Advocate should be dependable reliable to everyone who seeks his advise and
services. The nobleness of legal profession lies in honesty itself. An advocate should not do
illegal practices. He should not do any act which will lead to professional misconduct. He
should disclose the real facts and legal profession to his clients frankly. Honesty, integrity
and character are inseparable. These there virtues together are essential for the success of an
advocate. The great sages of law had sucked the law from the breasts of knowledge, honesty,
gravity and integrity.

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.

It relaxes his mental strain. Often the wit of an advocate will turn a Judge from an unwise
course, where Judgment, or rhetoric would certainly fail. The lamp of wit is needed to lighten
the darkness of advocacy.

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) Judgment
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
Fellowship means the membership in friendly association or companionship. Fellowship is
exactly like great public schools, the boys of which have grown older, and have exchanged
boyish for manly objects. 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.

(7+1)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
quarrelling 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 .
 IV. FUNCTION OF AN ADVOCATE

Arthur T. Vanderbilt states that the function of a great advocate in the following terms:

1) A truly great advocate is a wise counsellor to all manner of men in the varied cries of
their lives when they most need disinterested advice counselling cells for a wide and
deep knowledge of human nature and modern society and the most difficult of all,
truly great counselling for an ability to forecast the trends of the law.

2) An able advocate is a skilled and trained one in the art of prosecuting and defending
the legal rights of the men both in trial courts and on appeal. Advocacy is not a gift of
God. In the trail as well as in its appellate aspects it involves several distinct arts, each
of which must be studied and mastered. Unless an advocate has had experience, it is
difficult to see how he can be a thoroughly competent counsellor for he will not be
able to evaluate his client’ cause in terms of the realities of the court rooms
 CONCLUSION

A Great lawyer is more creative, expressive, and never interrupts his opponent and the
judge. He has an ability to think logically, always do a good research, and has analytical
skill. He knows how to establish a good relationship with the court and other bodies and
maintain his dignity. It is necessary, to be honest with the court, colleagues, and clients. A
great lawyer knows very well how to question the witness and maintain the high level of
ethics.

An advocate is someone who goes to bat for you. An advocate may speak in front of an
agency or court, make phones call on your behalf, write letters, campaign or lobby for an
individual or a group. Advocates work in formal roles as attorneys or social workers, or they
can serve in a more informal capacity through a nonprofit group or as a concerned citizen.
Advocates get better in time as they practice and hone their skills of persuasion. No matter
what capacity an advocate works within, however, she must have a number of
characteristics to be effective.
 BIBLIOGRAPHY

Book referred

 Dr. S.R. Myneni Professional Ethics.

 Dr. Kailash Rai, Legal Ethics 15th edition.

Website referred

 https://sites.google.com

 http://lawbaba.in

 https://www.srdlawnotes.com