In the realm of justice, advocacy stands as a noble profession, a calling rather than a craft. As the Hon’ble Supreme Court of India eloquently stated in J.S Jadhav Vs. Mustafa Haji Mohamad Yusuf (1993 AIR 1535), “Advocacy is not a craft but a calling; a profession wherein devotion to duty constitutes the hallmark.” This sentiment underscores the pivotal role advocates play in society, defending rights and upholding justice.
The Noble Profession
Advocacy, being an honorable pursuit, is not merely about legal prowess but a devotion to duty. As the legal fraternity centers on reinforcing justice, professional ethics, as outlined in the Advocates Act, 1961, forms the bedrock principle.
The 7 Lamps of Advocacy are a set of ethical principles for lawyers, proposed by Judge Edward Abbott Parry in his book of the same name. They are:
1. Honesty
“Honesty is the first chapter in the book of wisdom.” – Thomas Jefferson
Advocates should transparently communicate with clients, present truthful facts, and maintain integrity in dealings with opposition. A lawyer should be truthful and sincere in his dealings with clients, courts, and opponents. He should not misrepresent facts, conceal evidence, or make false promises.
2. Courage
“Courage is not the absence of fear, but the triumph over it.” – Nelson Mandela
Advocates must fearlessly confront challenges, displaying confidence and pride while upholding justice. A lawyer should be brave and confident in defending his client’s rights and interests, even in the face of threats, pressure, or danger. He should not be intimidated by authority, popularity, or power.
3. Industry
“There is no substitute for hard work.” – Thomas Edison
Advocates need continuous learning, keeping abreast of ever-evolving laws to master their craft. A lawyer should be diligent and hard-working in preparing and presenting his cases, doing thorough research, analysis, and documentation. He should not be lazy, careless, or negligent.
4. Wit
“A sense of humor is part of the art of leadership, of getting along with people, of getting things done.” – Dwight D. Eisenhower
Wit helps advocates stay focused, handle unexpected situations, and respond effectively to judges’ questions. A lawyer should be clever and creative in finding solutions to legal problems, using logic, humor, and imagination. He should not be dull, boring, or predictable.
5. Eloquence
“Words are, of course, the most powerful drug used by mankind.” – Rudyard Kipling
Effective communication, fluency, and persuasive speech are crucial for leaving a lasting impact on judges and listeners. A lawyer should be persuasive and articulate in communicating his arguments, using clear, concise, and elegant language. He should not be vague, ambiguous, or verbose.
6. Judgement
“The first duty of society is justice.” – Alexander Hamilton
Advocates must deeply analyze cases from all perspectives, anticipating consequences and preparing to counter arguments effectively. A lawyer should be wise and prudent in making decisions, using sound reasoning, common sense, and experience. He should not be foolish, rash, or impulsive.
7. Fellowship
“Alone, we can do so little; together, we can do so much.” – Helen Keller
Advocates should foster camaraderie with colleagues, respecting opponents, and maintaining professionalism even in the face of disagreement. A lawyer should be friendly and respectful towards his colleagues, opponents, and judges, maintaining cordial and professional relationships. He should not be hostile, rude, or arrogant.
The Eighth Lamp – TACT
TACT, introduced by Justice V. Krishnaswamy Iyer, emphasizes skillful handling of courtroom dynamics. Advocates must control clients, opponents, and persuasively engage judges.
Relevance to Advocates Act, 1961
In alignment with the Advocates Act, 1961, the Bar Council of India Rules, under Section 49 (1) (c), empower the regulation of professional conduct and etiquette for advocates. Adhering to these rules is essential for maintaining the nobility of the legal profession.
Conclusion
To echo the sentiments of Sir John Scott, 1st Earl of Eldon, “To succeed as a lawyer, a man must work like a horse and live like a hermit.” Advocacy is not a means to make money but a commitment to providing justice. By embracing the seven lamps of advocacy, an advocate builds trust, confidence, and strength to navigate the complexities of legal practice.