Role Of Lawyers In Administration Of Justice

By Floren Kesharwani 13 Minutes Read

Introduction

• The legal profession is without a doubt the mainstay of the justice delivery system and is crucial to maintaining the rule of law.
• As the primary responsibility of a lawyer is to support the Court in the administration of justice, members of the Bar are not allowed to act with dubious morality or pursue a career in litigation.
• The rule of law and democracy would be severely damaged if attorneys failed to carry out their duties effectively. “Trade is not law, and briefs are not goods.” This line is stated in the case of In Re : Rameshwar Prasad Goyal, Advocate.¹ 
• As an official of the Court, an advocate has an obligation to guarantee the Court’s efficient operation. He cannot take advantage of the defenselessness of innocent litigants; instead, he must save the person in need. It is appropriate to portray deliberate and heartless disdain for the client’s interests as behavior unworthy of an advocate.
• The legal community and advocates are an integral and crucial component of a strong legal system; they support justice as well as those seeking access to it. Without the capable assistance of advocates, judges cannot properly carry out their duty of distributing justice. In this regard, advocates are crucial to the administration of justice.
• It is a well-stated fact that an efficient legal system is an essential corollary of any society governed by the rule of law. The rule of law is a reflection of human fairness and order.
• In the case of Cardamom Marketing Corporation V. State of Kerala² The court equated the legal profession to a service for justice seekers, acknowledging the gravity of representing clients in court. Therefore, the advocate fulfills a public responsibility of the highest value by providing crucial assistance to the administration of justice process.

A First Action In The Direction Of Selflessness In The Justice Administration

• A lawyer should be aware of the flaws in the way justice is administered as well as the reality that some people — poverty included occasionally — cannot afford quality legal representation. 
• Therefore, all attorneys should use their professional time and resources, as well as their civic influence, to guarantee that everyone who is unable to afford or obtain sufficient legal representation due to social or economic constraints has equal access to our judicial system. 
• According to Article 39-A of the Constitution, which guarantees equal opportunity for access to justice, the legal profession’s role in bolstering the administration of justice must be consistent with this intent. This Article was inserted into our Constitution to emphasize the duty of attorneys to provide citizens with legal aid. 
• The public sector should play a part in offering legal services to people who cannot afford them, just as public hospitals do for medical care. Upholding the profession’s indisputable minimal standards is essential to guaranteeing the legal profession’s accountability. 
• The legal profession needs to grow its public sector in order to provide its services to the underprivileged. A lawyer should support the pursuit of these goals by the legal profession and assist the bar in self-regulation for the benefit of the public.

Duty And Responsibility

1. Upholding rule of law

• Unquestionably, the legal profession contributes significantly to preserving justice worldwide and preserving the rule of law in society. The profession is significant because it safeguards citizens’ rights by facilitating access to justice. 

2. Maintaining decorum of the court

• An advocate has a duty to uphold court etiquette, show respect for the judge, and assist the opposing counsel.
• In the case of Prashant Bhushan, In Re (Contempt Matter), (2021)³, stated that the function of a lawyer is crucial to the administration of the judicial system. It is a lawyer’s duty to respect the court’s dignity in all their actions.
• Advocates ought to pay close attention to courtroom protocol and show the judge respect at all times. He must uphold the respect of the opposing party counsel and fulfill his duties to the other side, the court, and his own client. 
• Further, in the case of In Re: Rameshwar Prasad Goyal, Advocate⁴, court held that an advocate has a responsibility to maintain the Court’s efficient operation as an officer of the Court.

3. Adhere to ethical standards

• Professionalism, skill, and integrity should all be upheld by attorneys. They have to respect ethical norms, engage with clients in an effective manner. 
• Additionally, attorneys must adhere to their ethical standards even just because a lawyer appears in person as a party does not give him the right to threaten the judges or stir up controversy in the courts. (In re Ajay Kumar Pandey, Advocate).⁵

4. Representing clients

• A lawyer acts in several capacities as a client’s advocate. In the capacity of an advisor, a lawyer gives a client a clear knowledge of their legal rights and obligations as well as an explanation of the practical ramifications. As an advocate, a lawyer vigorously defends the client’s viewpoint in accordance with the adversarial system’s guidelines. 

5. Maintaining client’s confidentiality

• Information about a lawyer’s representation of a client should be kept confidential, unless the Rules of Professional Conduct or other laws specifically require or permit disclosure.
• The attorney-client relationship is one of utmost trust and confidence.
• The attorney is a respectable and accountable spokesperson, not an agent for his client. Even while a fact may be pertinent, he is not required to inform the court of every detail or advocate for his client’s position on every legal matter.
• In the case of State of U.P. vs. U.P. State Law Officers Association⁶ The Supreme Court went into great detail about the function and authority of legal practitioners, the attorney-client relationship, and the role and authority of Legal Remembrance.

6. Public responsibility

• As members of the public, attorneys work to advance justice, strengthen access to the legal system, and reform the law. They strengthen public trust in the rule of law and support legal education.
• A lawyer should strive to understand more about the law than just what is necessary for their clients. They should also utilize this information to modify the law and improve legal education, since they are members of an educated profession. 
• A lawyer should also work to increase public knowledge of and trust in the legal system and the rule of law since, in a constitutional democracy, the legitimacy of legal institutions depends on public support and involvement.

A Society’s Perspective On Lawyers’ And Judges’ Maintenance Of Justice Administration

• Attorneys and judges are equal participants in the administration of justice, and this must always be kept in mind as observed in Re: Rameshwar Prasad Goyal, Advocate.⁷ 
• While it is often assumed that a lawyer is knowledgeable about the law, there is no inherent assumption that a judge should be as well. A judge is simply asked to weigh the pros and cons of a case that is brought before him. (Nirmal Singh & Others Vs. Tarsem Singh & Others).⁸

Defect Of Lawyers In Administration Of Justice 

• The Supreme Court has already voiced concern about the declining standards of professionalism in the legal industry. The tendency of rising commercialization and falling service elements was observed by the Supreme Court. 
• In the case of B. Sunitha V. State of Telangana and Another⁹ The Court has noted that public trust in the judicial system is largely dependent on public trust in the legal profession. 
• Commercialization to the point of abusing the litigant and engaging in behavior that browbeaters the court, as well as a breach of professional obligations to both the court and the litigant. Certain members of the legal profession, impacting the litigants’ entitlement to affordable and timely justice.¹⁰
• Another loophole notice in the case of Jamshed Ansari V. High Court of Judicature at Allahabad & Others,¹¹ by the court is “an advocate’s lack of expertise will undoubtedly have a negative impact on both the administration of justice and the rights of plaintiffs”. 
• If anything has the potential to lower or impede the standard of justice administration, it is either because those involved in the process lack the necessary training or expertise, or they are not suitably certified by the Bar Council in accordance with the Advocates Act, 1961 and the Rules issued hereunder, it will undoubtedly have an impact on the way justice is administered and, consequently, on the rights of litigants who are in court seeking justice.

Conclusion

The lawyers are salient to the administration of justice. They are the ones who connect the citizen to the courthouse door. Their expertise, advocacy, and ethical commitment help ensure that the legal system functions effectively, fairly, and justly. Without lawyers, the protection of rights, the resolution of disputes and the maintenance of the rule of law would be significantly compromised.

1. AIR 2014 SC 850. ↩︎
2. (2017) 5 SCC 255. ↩︎
3. (2021) 3 SCC 160 ( ¶ 43, 44, 45). ↩︎
4. AIR 2014 SC 850. ↩︎
5. AIR 1998 SC 3299. ↩︎
6. (1994) 2 SCC 204. ↩︎
7. AIR 2014 SC 850. ↩︎
8. CR. No. 3791 / 2013. ↩︎
9. (2018) 1 SCC 638. ↩︎
10. ibid. ↩︎
11. (2016) 10 SCC 554 (¶19). ↩︎

Floren Kesharwani