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The Thought Behind
Etiquette, couture and attire are subtle indicators of eruditionand professionalism, especially for lawyers. According to theBusiness Insider, research shows that your appearance stronglyinfluences other people's perception of your financial success,authority, trustworthiness, intelligence, and suitability for hireor promotion. Overall appearance and demeanor act as thedetermining factors for sharing information, developing trust andagreeable to prescribed fee structure.
As per The Bar Council of India (BCI)'s website, India has"approximately" 1.2 million lawyers in India plus"approximately" 400,000 to 500,000 studying law at thisvery minute, churning out "approximately" 60,000 to70,000 graduates every year. While these numbers are as encouragingas they can be – to further emphasize their might, let us notforget that this puts us on a par with the US, which still seems toremain the world's largest legal market with 1,201,968practising lawyers in 2010, according to the American BarAssociation.
Having said so, it is indeed voluminous to understand thecriticality and importance of how important it is for us to knowthe laid down rules as far as the prescribed uniform is concerned.This not only means knowledge of all the rules but direimplementation of the same as well. As officers of the court,advocates share a much bigger responsibility to refrain from theminutes of things that might be comprehended as contempt ofcourt.
The legal profession is solemn in nature and its profundity iscomplemented by its attire. Hence, it is imperative for a lawyer torefrain from adorning flamboyant outfits that may act as adeterrent to a prospective client. Advocates, in addition to beingprofessionals, are also officers of the courts and play a vitalrole in the administration of justice. Accordingly, the set ofrules that govern their professional conduct arise out of the dutythat they owe the court, the client, their opponents and otheradvocates.
The Indian legal system prescribes a dress code forthe lawyers. Bar Council of India Rules, Chapter IV provides thedress code, which is stated as under:
Advocates other than Lady Advocates
- A black buttoned up coat,chapkan, achkan, black sherwani and white bands with AdvocatesGowns, or
- A black open breast coat, whiteCollar stiff or, soft, and white bands with AdvocatesGowns.
In either case long trousers (white, black striped or grey) orDhoti excluding jeans.
Lady Advocates
- black and full or half sleevejacket or blouse, white collar, stiff or soft, with white bandswith Advocates Gowns:
- sarees or long skirts (white, orblack or any mellow or subdued colour without any print or design)or Flare (white, black or black striped or grey):
- provided that the wearing ofAdvocates gown shall be optional except when appearing in theSupreme Court or in a High Court.
- provided further that in Court otherthan Supreme Court, High Court, District Court, Sessions Court orCity Civil Court a black tie may be worn instead ofbands."
Improper Dressing leads to Contempt of Court
The Court has the right to impose penalty and fine for notadhering to dress code. The punishment may go up to six months'imprisonment or a penalty fine of rupees two thousand. The PatnaHigh Court has in the past imposed such a fine on two officials ofthe state government for not being dressed up in a proper mannerduring their appearance in the court. The court directed the chiefsecretary to ensure strict implementation of the dress codeestablished by the state government in 1954 with regard toofficials' appearance in the court. While one of the officialswas clad in a gaudy red-green t-shirt, the other was "badlydressed". They had already committed a contempt of court bynot implementing its order to pay compensation to a petitioner,whose land
had been acquired by the state government.
In another case, the Punjab and Haryana High Court had issued anotice for criminal contempt of court to a senior advocate formisbehavior and not following the dress code in the court. Apartfrom appearing in the Court wearing kurta-pyjama, the advocate hadalso entered into a debate with the judge.
Although hair styles, shoes and other accessories are not partof the dress code, an advocate is expected to support neat andwell-groomed hairstyle. Wild, untamed or overly teased styles, hairdyed in unnatural colours like pink or purple needs to be avoidedas it acts like a distraction and far cry from'professionalism'. Shoes should be comfortable andpreferably in black, brown, tan or grey. Shoes in red or pinkcolours or jogging shoes are not acceptable. Jewellery andaccessory should be tasteful and limited. Extremely long nailspainted in loud colours and flashy, large, gaudy dangling jewelleryought not to be worn.
An Advocate's Duty towards the Court
Act in a dignified manner - duringthe presentation of his case and also while acting before a court,an advocate should act in a dignified manner. He should at alltimes conduct himself with self-respect. However, whenever there isproper ground for serious complaint against a judicial officer, theadvocate has a right and duty to submit his grievance to properauthorities.
Respect the court - should always showrespect towards the court. An advocate has to bear in mind that thedignity and respect maintained towards judicial office is essentialfor the survival of a free community.
Not communicate in private - should notcommunicate in private to a judge with regard to any matter pendingbefore the judge or any other judge. An advocate should notinfluence the decision of a court in any matter using illegal orimproper means such as coercion, bribe etc.
Refuse to act in an illegal manner towards theopposition - should refuse to act in an illegal orimproper manner towards the opposing counsel or the opposingparties. He shall also use his best efforts to restrain and preventhis client from acting in any illegal, improper manner or useunfair practices in any mater towards the judiciary, opposingcounsel or the opposing parties.
Refuse to represent clients who insist on unfair means- shall refuse to represent any client who insists onusing unfair or improper means. An advocate shall excise his ownjudgment in such matters. He shall not blindly follow theinstructions of the client. He shall be dignified in use of hislanguage in correspondence and during arguments in court. He shallnot scandalously damage the reputation of the parties on falsegrounds during pleadings. He shall not use un-parliamentarylanguage during arguments in the court.
Appear in proper dress code - should appearin court at all times only in the dress prescribed under the BarCouncil of India Rules and his appearance should always bepresentable.
Refuse to appear in front of relations -should not enter appearance, act, plead or practice in any waybefore a judicial authority if the sole or any member of the benchis related to the advocate as father, grandfather, son, grandson,uncle, brother, nephew, first cousin, husband, wife, mother,daughter, sister, aunt, niece, father-in-law, mother-in-law,son-in-law, brother-in-law daughter-in- law orsister-in-law.
Not to wear bands or gowns in public places -should not wear bands or gowns in publicplaces other than in courts, except on such ceremonial occasionsand at such places as the Bar Council of India or as the court mayprescribe.
Notrepresentestablishmentsofwhich heis amember - shouldnot appear inor before anyjudicialauthority,for or againstany establishmentif he is amember of themanagement of theestablishment.This rule does notapply to amemberappearing as1amicuscuriae11or without a fee onbehalf of theBar Council,Incorporated LawSocietyor a BarAssociation.
Not appear in matters of pecuniary interest -should not act or plead in any matter in which he has financialinterests. For instance, he should not act in a bankruptcy petitionwhen he is also a creditor of the bankrupt. He should also notaccept a brief from a company of which he is a Director.
Not stand as surety for client - should notstand as a surety, or certify the soundness of a surety that hisclient requires for the purpose of any legal proceedings.
In a Nut Shell
While there are interesting times to be seen when it comes tothe legal profession going through paradigm shift likeliberalization of the sector, new practice areas etc. but constantslike adhering to rules pertaining to uniforms etc. will remain oneof the key identity parameters. So howsoever massive size theprofession may expand into, it will always remain imperative for itto maintain its persona, imagery and identity.
The content of this article is intended to provide a generalguide to the subject matter. Specialist advice should be soughtabout your specific circ*mstances.
