Thursday, March 3, 2011

Seven Lamps of Advocacy


Justice Abbot Parry qualifies the following qualities as Seven Lamps of Advocacy.  The are ...

1. Honesty:

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 and reliable to every one who seeks his advice and services.  The uprightness, integrity and honesty of an advocate will increase his reputation and respect in the society.

2. Courage:

It is the duty of an advocate to fearlessly uphold the interests of his client by all fair means without fear of any unpleasant consequences to himself or any other person.  It is the knowledge and 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.  The knowledge and the skill can be acquired and developed by mastery of facts, mastery of laws, and mastery in drafting and presentation of convincing arguments.

3. Industry:

It means hard work.  Hard works is absolutely necessary for an advocate.  His knowledge of law should be up to date.  He will never be ignorant of the current law in force.  He will get acquainted with the latest law only by systematic study.  If one ignores the law, the law will also ignore him.  That is why it is said that law is a jealous mistress.

4. Wit:

Judges and lawyers have to deal with a variety of serious and important matters affecting life and liberty of the people.  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 truth on the part of the judges generate strain and tension.  Occasional wit and humour, provoking a smile or laughter will help them to ease the tension, and refresh themselves to sharpen their brain for the effective discharges of their duties.

 5. Eloquence:

Eloquence means the fluency, force and style of using the language.  Strong vocabulary is one of the powerful weapon, which an advocate should possess.  Words are his keys of thought.  Strong vocabulary gives him assurance, build his self-confidence and increase 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:

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 techniques in the case in which he is engaged.  This quality is necessary from the beginning of filling 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.

7. Fellowship:

In legal profession, one advocate fights with another advocate for justice before a learned judge.  There may be controversies and contradictions in their contention relating to the case, but that shall never affect their 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.

2 comments:

  1. (7+1) Tact 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.

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