Lawyers have been called officers of the court, without lawyers the court cannot function because the court process in India is very elaborate and it is not possible for everyone to know about it. There are many types of acts and the procedure method is also very detailed. When, where, what application to make and how to test Testimonies is a matter of great experience. Anyone can learn it just by doing this work for a long time, that’s why a lawyer’s job is called practice.
Lawyers play an important role in the administration of justice. He speaks on behalf of his party in court. represents him. Arguing a case in court is not as easy as it sounds. He must look after his party’s interests every step of the way.
He can protect the interests of his parties and can take his side in court freely and boldly, he has been granted many important rights.
Some of the main rights of lawyers are the following:
1- Right to appear on behalf of the party
The first primary right of lawyers is to represent and present their side in court on behalf of their parties. This right is only available to lawyers and not to any other person. The right of lawyers to represent the courts is a legal right. You cannot be excluded from this right, as lobbying is not just about deferring, but about defending and arguing.
Defining lobbying Supreme Court of India in a case state some of its parts which are as follows:
(A) go to court,
(B) cross-examination and cross-examination of witnesses, i
(C) includes the right to have oral argument, etc.
2- Right to Compromise
The lawyer has the right to “commit” the case on behalf of his party. You can submit your resignation to the court on behalf of your party. This agreement is binding on the party, provided it is not fraudulent. This right is also mentioned in the Vakalatnama. Vakalatnama is a type of power of attorney in which the party writes on behalf of the lawyer in which he entrusts all his rights and duties related to the cases to the lawyer.
3- Right to receive fees from the parties
Counsel is entitled to receive party fees in lieu of pleadings. If a party fails to pay remuneration, it can be recovered in accordance with the law. Even a lawyer can refuse to ask for no remuneration. But it should be mentioned here that in case of non-payment of remuneration, his files cannot be retained by the lawyer as the New India Assurance Corporation AK Saxena’ has been in the hands of the Supreme Court.
K Ramakrishna Reddy vs. Govt. In the case of the Andhra Pradesh High Court, it has been held that if any dispute arises as to the fees of an advocate appointed by an executive order of the State, it may be decided in writing.
4- Right of inspection
Lawyers have the right to inspect the records and other documents of the court concerned in their parties’ case. He may do so in accordance with law with the permission of the Court by depositing the prescribed fee. But during the inspection, he cannot tamper with the facts or the letter mentioned in the papers or documents. He cannot write anything on it, nor can he cut what is written.
In them, no type of mark, mark (below the line) can be disabled with ink or pencil.
5- Right to receive a copy
In matters relating to his parties, a lawyer should:
(iii) sentence, or
Be entitled to receive certified copies of May obtain such certified copies on payment of the prescribed fee. For this you need the right application.
6- Right to submit written submissions
Attorneys have the right to file ‘beef’ on their behalf in another attorney’s case. Generally, the brief is filed when the lawyer for some reason cannot be present in court. In this situation, the presence of this lawyer is waived and the presence of the lawyer presenting the brief on his behalf is noted on the board. However, the lawyer presenting the brief cannot actively participate in the proceedings.
7- Privileges relating to communications
Under Section 126 of the Indian Evidence Act, 1872, lawyers have been given privileges in respect of professional communications. Accordingly, counsel cannot be compelled to disclose any information, evidence, etc., received by counsel for their parties during the course of the defence, as such communication, etc., is deemed confidential. The disclosure of these may adversely affect the interests of the parties.
8- Right to present illustrations, etc.
Solicitors are entitled to present “prior decisions” of the Supreme Court, High Court, Privy Council, etc. in support of your case. In the language of the general public, they are called ‘Ruling’. These previous judgments are taken into account when the court makes its decision. These decisions must be relevant to the case.
9- Right to meeting room
A lawyer is considered an “officer of the court”. They represent their parties as their representatives or agents. Lawyers play an important role in the administration of justice. This is the reason why the court provides some facilities to the lawyers. One such facility is sitting in the courtroom.
In the courts, there are chairs, tables, etc. for the lawyers to sit down. Lawyers have the first right to use them. The parties or other persons cannot claim this facility as a priority. If an attorney is standing and a party is seated, the party may be asked to leave the attorney’s chair. Failure to vacate is considered contempt of court.
Major K Mathews Vs Registrar General, Madras High Court The Madras High Court has held in this case that parties and litigants defending their own cases cannot claim the facilities and privileges available to the Bar and lawyers. They cannot use tables, etc. nor take possession of them.” Rooms are also set up” in the courts for lawyers, but no lawyer can claim them as a right.”
10- Right to Appointment
During court proceedings, the help of lawyers is sought for various tasks and for these works they are given from time to time-
(c) Oath- Commissioner,
(d) Notary public
etc. is appointed The right of such appointment generally rests with lawyers. Lawyers receive adequate remuneration for these works.
The Commissioner, the Trustee, the Commissioner of Oaths, the Notary Public, etc. they must perform their duties honestly and faithfully. The trustee cannot make any transactions with the property in his possession, i.e. in custody.
Along with this, other rights are also available to lawyers which are as follows:
(i) the right to represent their parties before the courts,
(ii) the right to appear in court on behalf of the party,
(ii) the right to submit an application for waiver of assistance on behalf of the accused,
(iv) the right to submit a letter of resignation in cases worthy of submission,
(v) the right to present requests, documents, etc. in the case,
(vi) the right to produce new sureties in case of confiscation of the surety,
(vii) the right to file petitions for appeal, review, revision, etc.,
(vii) the right to register legal representatives on behalf of the deceased party,
(ix) the right to call witnesses on behalf of the accused or the complainant,
(x) Right to Bail,
(xi) the right of the accused to be medically examined,
(xii) Right to oppose preventive detention, etc.