ADVOCATE
An Advocate has every right to represent his client and protect his interests by filing an appeal before the appellate forum, but he cannot, while the appeal is pending, ascribing something, by publishing a news report in his capacity as a Court reporter, which is not in the judgment-Contempt of Court Act; S.2 and 3 M. Saleem Ullah Vs. The State. 13BLD (AD) 3
Legal Remembrances Manual
Paragraph 6
An Advocate to defend an
undefended accused charged with capital offence should be appointed in time and
provided with necessary papers for arranging a proper and meaningful defence
papers.
An Advocate to defend an
undefended accused charged with capital offence should be appointed well in
time of the commencement of trial to enable him to study the case and the
lawyers should be sufficient standing and able to reader assistance. The lawyer
should be provided with the papers similar of the Public Prosecutor and be
supplied free of costs the copies of the papers of which an accused person is
ordinarily allowed copies. The State Vs. Hanif Gani, 138LD (HCD)260 Ref: 27
DLR(AD)1-Cited
Privilege of a lawyer
A lawyer, while acting
under the instructions of his client has a qualified professional privilege.
While acting as such, the lawyer does not, if not otherwise implicated, come
within the ambit of defamation unless and until there is an express malice on
his part. Mere knowledge in such case cannot be equated with express malice or
malice in fact. The privilege enjoyed by the lawyer is not only a qualified
privilege. He will not come within the bound of the offence of defamation
unless and until there is an "express malice" or malice in fact on
his part. Mrs. Sigma Huda @ Sigma Huda Vs. Ishfaque Samad and others, 13 BLD
(HCD) 152
Ref: (1976) 78 Bom,
L.R.234. A.1.R.1927 Cal. $23, AIR 1932 Bom. 490-Cited
Privilege of a lawyer
If an Advocate is called in
question in respect of defamatory statements made by him or her in course of
his or her duties as an Advocate, the Court ought to presume that he or she
acted in good faith upon instructions of the client and ought to require the
party to prove the express malice. Ms. Sigma Huda Sigma Huda Vs. Ishfaque Samad&
others, 138LD(HCD) 152
Ref: (1976) 78 Bom.
L.R.234; A.L.R.1927 Cal. 823; A.I.R. 1932 Bom. 490-Cited
Advocate
Advocate's
professional misconduct--Advocate representing tenant and a co-sharer Land Lord
as a proforma defendant, in an ejectment proceedings, tenant taking plea that
he was attorned to the Co- sharer Land Lord--later Advocate filing ejectment
proceedings on behalf of the co-sharer Land Lord against tenant who confessed
judgment- This does not amount to professional misconduct. Faizullah Khan vs.
Pir Mukammal Shah (1961) 13 DLR (SC) 62.
Advocate's
duty in regard to Court. The obligation is incumbent upon an Advocate to do
nothing consciously, by act or omission which might mislead the court in some
matter touching the exercise of its jurisdiction and powers in the case
Faizullah Khan vs. Pir Mukammal Shah (1961) 13 DLR (SC) 62.
Misconduct
or conduct unbecoming an Advocate. State Vs. Akhlaque Hossain (1960) 12 DLR
(SC) 285.
Advocate--Misconduct
of-suspended not on evidence of this case, but upon material taken from record
of f depart departmental enquiry against a Magistrate. Suspension justified.
Jabdul Huq Vs. State (1960) 12 DLR (SC) 168.
Advocates
accepting brief--Advocates who accepts a dock brief and undertakes to defend an
accused of capital offence without trying to know anything about the case
offends against the tradition of his profession. To ask for time and pray for
adjournment where at last moment appointment is made to defend an accused
involved in a murder case. Abdur Rashid vs. The State (1975) 27 DLR (SC)- 1.
