Advocates / PARTY IN PERSON Have Special Rights In The Courtroom
A lawyer or attorney is a person who practices law, as an advocate, attorney, attorney at law, barrister, barrister at law, bar at law, canonist, canon lawyer, civil law notary, counsel, counsellor, solicitor, legal executive, or public servant preparing, interpreting and applying law, but not as a paralegal or charter executive secretary. Working as a lawyer involves the practical application of abstract legal theories and knowledge to solve specific individualised problems, or to advance the interests of those who hire lawyers to perform legal services. The role of the lawyer varies greatly across different legal jurisdictions.
While performing the job lawyer have certain rights and duties which he needs to follow. He have certain rights which he can use and certain duties which he has to follow. A lawyer not only have certain duties for court but also for clients, society, etc.
The legal profession is recognized as a respectable profession all over the world. This is called Royal Profession. People in this legal profession are also referred to as 'social strategists'. Because a legal professional has to play a leading role in eliminating inconsistencies and inequalities in various aspects of society.
Therefore, for centuries, the legal profession has been recognized as a profession of honor and tradition. Even in our country, the professional status of an honest advocate is very high. The word 'learned' is used before the only words 'advocate' and 'judge' as a sign of great respect.
According to Lord Macmillan, "no other profession touches human life so much." An advocate belongs to the class of officers and privileged in court in view of his position. His contribution to the establishment of justice in society and his influence on the public for giving professional advice to his clients is very strong. And because of this effect, whether it is good or bad, the work, example and ideal of a lawyer is much more effective on the society than any other person in society.
Advocates are an integral part of the court of law as they provide direct assistance to the judge in reaching the right conclusion by politely and honestly presenting arguments in favor of his client.
The late Gazi Shamsur Rahman, the author of numerous basic law books, said that no man is above error, perhaps not even a judge. Only a person who is equal to a judge in knowledge, quality, dignity and position can confuse a judge. That person is the advocate.
Just as judges enjoy certain privileges to uphold the power and dignity of the courts, so do members of parliament, as law-making bodies, enjoy certain privileges.
Here is a brief overview of the privileges enjoyed by well-established wise advocates in the court of law and in various instances:
Contempt of Court by the Judge includes contempt of court:
The following examples give a clear idea of how much the Law Advocate seeks to uphold his honor and dignity.
When an advocate conducts his client's case, if the court, i.e. the judge, comments on his (advocate's) conduct, the court may be guilty of contempt. (35 C, W, N 179 = 56 C 74 = 1931 Cal 256 = 1931 Cal; 15 C, W, N-189 = 1913 Cal 256 = 58 Cal 74).
If the court calls a police guard during the hearing of a case and expels the lawyer from the courtroom without any justification, it is tantamount to contempt of court. (Prag Das Advocate V.Sir PC Agrwal'1975 ALI .LJ41; 1975 Cr. LJ 659)
If the Lawyer Certificate issued by the Advocate regarding the stay order of the High Court is filed in any court, that court should adjourn the case according to the said Lawyer Certificate. Because Advocate is an officer of the court and he is responsible for that Lawyer Certificate. Disregarding or rejecting the information given in the Advocate's Certificate without trying to verify it would be an offense of contempt of court. (Harikishan Sing V. Chhotan Mahton) AIR 1951 Pat. 490; 1951 (Vol. 52) Cr. LJ, 638]
False accusations against advocates cannot be insulted:
False accusations about the conduct of his case against the advocate which embarrassed him to conduct the case later will be marked as contempt of court. (Anantalal Singha V. Alfred Henry Watson (1930) 58 Cal. 884.
It is contempt of court to insult the advocate so that the lawyer cannot perform his duties in the case under trial. (Thirumalaippa V. Kumaraswami, AIR 1956
Mad. 621 (1956) ILR Mad. 1239)
Advocates are entitled to special judicial benefits:
Advocates' statements during the course of the case are of special benefit. This right has been established by the following principles.
1. When a lawyer conducts a case, he enjoys absolute privileges.
2. If an advocate faithfully makes a defamatory statement during a lawsuit, he or she will not be liable.
3. No case can be filed against him.
4. No action can be taken against the plaintiff even if the advocate calls him a liar and a liar during the proceedings.
5. If an advocate calls a witness a scoundrel or a rascal during a lawsuit, his or her statement will still be treated as privileged.
Therefore no action can be taken against an advocate for making relevant defamatory statements during his legal work or during the proceedings. Whatever he says may not be true or exaggerated but in this case he will enjoy special benefits.
Expunge the irrelevant statement of the advocate in court:
In a pending case, a lawyer has complete freedom of law before he can argue for his client, and for this reason, if any comment is made which is not related to the "MERIT" or quality of the case concerned, it is not related to the case but to the professional character or conduct of the lawyer concerned. , Then such comments cannot be recorded as part of the judgment given by the court and must be removed from the record (Expunge). (1989) 31 D, L, R (A.D.) 183.
The rights of advocates are inviolable:
The rights of the client's attorney are infringing or "indefeasible" during the trial of an original case or the hearing of an appeal and cannot be infringed in any way. Because it is a universal provision of the principle of natural justice which, if denied, the judgment will be invalid. (6d, l, r65 (s, c)
The right to raise the issue of loss of confidence in the court
His appointed lawyer has the right to point out the circumstances in which a client has lost confidence in the court for not getting justice. MH Khondoker V. State (1960) DLR (SC) 124.
Contempt of court for threatening a lawyer:
The court will be contemptuous if either party to the lawsuit threatens the other party's lawyer; Because it is an obstacle to justice. State V. Abdul Aziz PLD (1962) Lahore, 335.
The lawyer cannot be held responsible for the performance of his professional duties:
(1993) 13BLD (AD) 152- A bench comprising Supreme Court, High Court Division, Justice Muhammad Anshar Ali and Justice Kazi Ebadul Haque. In the case of Mrs. Sigma Huda Advocate v. Isfaq Samad and other cases, the Hon'ble Court said, lawyer while acting under the instructions of his or her client, whether has a qualified privilege- An Advocate whether is entitled to special protection. ''
A legal adviser is not responsible for his or her legal opinion:
In this context, His Excellency (HCD) High Court Justice Md. Mozammel Haque and Justice Md. Nurul Islam in the judgment of Abdus Samad v. State case [BLC (1996) page 63] said, “A Legal Adviser cannot be made liable for the offense of forgery and criminal breach. of trust for giving his legal opinion ”
Lawyer arrested from court yard:
It is a serious insult to be arrested by a police officer while the case is being handled by a lawyer and to be taken to the police station with a handcuff. (Rajshahi Bar Council-v. Nathuram, A, I, R 1958 Raj: 189 (174): I, L, R (198) ৬ Raj: 964, 1956 CR, L, J 1350 (BD).
It is an offense to contempt of court if a lawyer is arrested by a police officer on purpose while obstructing the proceedings or going to the High Court to file a case for any other nefarious purpose. Only mistaken and honest arrests will not be insulting. (Home Rustomji V. Sub-Inspector Baig, AIR 1944 Lah 196 (199-200) 46 cr.LJI (SB)
'Court' means the place used by the officers, staff and witnesses of the court as well as all parts of the court. This means that if a lawyer goes to court to appear in a case, if he is arrested, it would be a contempt of court, as it would interfere with the normal conduct of the court. Also, arresting a lawyer for good reason will not be a contempt of court. Moreover the Chamber of Advocates is considered part of the court special.
Exceptions to the privilege of the lawyer:
It is true that a lawyer enjoys the aforesaid legal privileges or privileges in carrying out his duties in the conventional judiciary, but if he does not take advantage of those privileges, he presents arguments in court on behalf of the client, which involves questions of court status. Of course, he cannot be given that much right.