19.3 Duties to Court, Colleagues & the Profession

19.3 Duties to Court, Colleagues & the Profession

Quick Answer: Cluster C (Rules 159–167) governs duty to the Court—respect, candour, no witness suppression, no private merit lobbying, prosecutor justice, appearance when called. Cluster A (Rules 134–144) governs other advocates and the profession’s dignity—no solicitation, no talking to represented parties behind counsel’s back, junior–senior courtesy, proper fee division, precedence. Together with public-cluster fairness rules (168–172), they define how a Pakistani advocate behaves in the administration of justice.

Why Court + colleagues are tested together

Many LAW-GAT stems mix both: an advocate who misleads the judge (Court duty) while insulting opposite counsel (colleague duty), or who contacts the opposite party directly (Rule 137) after a private chamber chat with the judge (Rules 138 / 162). Train yourself to split the stem into Court duties and Bar duties.

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Duty to the Court (Rules 159–167)

Rule 159 — Respectful attitude (and lawful complaint)

It is the duty of an advocate to maintain toward the Court a respectful attitude, not for the temporary incumbent’s personal sake, but for the supreme importance of the judicial office. Judges, not wholly free to defend themselves, are entitled to the Bar’s support against unjust criticism and clamour.

Balance clause: When there is proper ground for complaint against a judicial officer, it is the advocate’s right and duty to ventilate grievances and seek legal redress and to protect the complainant and persons affected.

Rule 160 — No making witnesses unavailable

An advocate shall not advise a person whose testimony could establish a material fact to avoid service, conceal himself, or otherwise make testimony unavailable.

Rule 161 — Candour: no intentional misquotation / bad authority

An advocate shall not intentionally:

• Misquote to a judge, judicial officer, or jury the testimony of a witness, the argument of opposing counsel, or the contents of a document
• Misquote the language of a book, statute, or decision
• With knowledge of invalidity and without disclosing that knowledge, cite as authority a decision that has been overruled or a statute repealed or declared unconstitutional

Exam favourite: Citing a repealed section as if it were live law, knowing the repeal, without disclosure → Rule 161 breach.

Rule 162 — Bench–Bar independence; no private merit lobbying

• Avoid marked attention and unusual hospitality to a judge not called for by personal relations (motive misconstruction)
• Do not communicate or argue privately with the judge on the merits of a pending cause
• Attempts to gain special favour deserve rebuke
• Proper foundation: self-respecting independence plus courtesy and respect due to the judge’s station

Cross-link Rule 138 (colleague cluster): In the absence of opposing counsel, do not communicate with or argue before a judge on the merits of a contested pending matter except in open court; written communications on merits need a copy to opposing advocate. Exceptions: ex parte matters and matters not sub-judice.

Rule 163 — Public prosecutor’s primary duty

The primary duty of an advocate engaged in public prosecution is not to convict, but to see that justice is done. Suppressing facts or concealing witnesses capable of establishing innocence is highly reprehensible.

Rule 164 — Press and pending litigation

Newspaper publications by an advocate about pending or anticipated litigation may interfere with fair trial and are generally condemned. Anonymous statements are unprofessional even in extreme cases. Any ex parte reference should not go beyond quotation from court records—and even then avoidance is better.

Rule 165 — Judicial appointments

Advocates should strive so that judicial fitness, not political considerations, controls appointment/selection; protest unsuitable appointments; aspire to judicial office only on impartial estimate of ability to honour the office.

Rule 166 — Appearance duty

It is the duty of advocates to appear in Court when a matter is called and, if possible, to make satisfactory alternative arrangements.

Rule 167 — No volunteering in unengaged cases

Generally refrain from volunteering legal opinion or arguments in cases in which not engaged, unless called upon in open Court by a judge/judicial officer; then speak with responsibility and impartiality.

Court-duty mini-map

Dress and demeanour: Chapter XII emphasises respectful attitude, orderly argument, and professional self-respect rather than a single “robe colour” section. Court dress and chamber rules of particular courts/Bar associations still bind advocates in practice; on LAW-GAT, expect conduct/respect/candour questions more than fabric specifications. Personal colloquies and unseemly wrangling are condemned under Rule 140.

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Conduct with regard to other advocates (Rules 134–144)

Rule 134 — Dignity of profession and self

Duty of every advocate to uphold at all times the dignity and high standing of the profession and of himself as a member.

Rules 135–136 — No solicitation / no touting (profession-facing)

Though often tested under “misconduct/advertising,” these open the other advocates cluster because solicitation corrupts the Bar’s collective dignity:

• 135: No soliciting professional employment by advertisement or other means; ordinary professional cards, name plates, conventional directory listings allowed if limited to professional/academic qualifications and public offices currently held, without personal advertisement flavour
• 136: No employing others to solicit; no remunerating solicitors of work; no fee-sharing with unlicensed persons; no aiding unlicensed practice; no knowingly accepting work produced by unlicensed touting

Rule 137 — No communication with represented opposite party

An advocate shall not communicate about the controversy with a party represented by an advocate in the absence and without the consent of that advocate.

Rule 138 — No ex parte merit communications with the judge

(See Court section above; it is textually in the colleague cluster because it protects opposing counsel’s right to be present/copied.)

Rules 139–144 — Teamwork, courtesy, fees, precedence, juniors

Junior–senior relations (exam angles)

• Junior interrupting to hijack lead contrary to senior’s role → tensions with 144
• Senior humiliating junior in open court without cause → fails 143 helpfulness/courtesy expectation
• Junior joining a brief while first counsel’s dues unpaid → 139 decline association

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Fairness to opposite side (public cluster, colleague-adjacent)

Rules 168–170 and 169 sit in cluster D but complete Court/colleague ethics:

• 168: No employment out of spite or to harass or delay; no appeal wilfully so motivated
• 169: Treat adverse witnesses and parties with fairness and due consideration; client cannot force counsel to abuse the opposite party
• 170: Decline civil causes intended merely to harass/oppress; otherwise, after retainer, insist on the Court’s judgment on legal merits—appearance is an assertion on honour that the case is proper for judicial determination

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Scenario bank

Decision tree — Can I speak to this person about the case?

Who is the person?
├─ Opposite party who has an advocate → Need that advocate’s presence/consent (137)
├─ Judge on contested pending merits → Open court; no private merits lobbying (138, 162)
├─ Judge on pure ex parte / not sub-judice admin matter → 138 exception themes
├─ Press about pending case → Generally avoid (164)
└─ Unrepresented person seeking to hire you → Still no illegal advice (152); no solicitation (135)

Key Takeaways

• 159–167: respect, candour (161), no private favour (162), prosecutor justice (163), appear (166)
• 134–144: dignity, no solicitation/touting, protect opposite counsel’s role, junior–senior order
• 137 + 138/162 are the classic “communication” traps
• 140 / 169: client hatred is not a licence for counsel abuse
• Profession’s honour is collective—134, 165, and fair dealing uphold it