Lawyers Owe Responsibility First To Their Clients, Then To Courts: Kerala High Court

While dismissing the anticipatory bail application filed in a fake lawyer case, the Kerala High Court remarked that a lawyer owes paramount responsibility to his client first, and to the court second.

Justice Shircy V in her order also observed that the legal profession was one of the noblest:

"The lawyers' profession is considered to be one of the noblest professions. Lawyers have to play a pivotal role in the administration of justice as only with their sincere and purposeful effort and assistance the Courts could administer justice properly."

The Bench laid down a few duties shouldered by the legal fraternity in its judgment, particularly towards the Courts:

"They owe onerous responsibility and duty towards the Courts and they are considered as the officers of the Courts."

However, it was substantiated that their foremost duty lay towards their clients. 

"Their first responsibility is towards their clients and then to the courts. So, misrepresenting or presenting as an Advocate before a client and obtaining his/her brief as if she is an Advocate, itself would amount to cheating towards the public."

While denying pre-arrest bail to Xavier, the Single Judge ruled that the Bar Associations must cross-check and verify with the Bar Council before admitting a new member to prevent similar incidents in the future. 

The observation came in a matter where the petitioner had practised in the State as an Advocate for over two years without enrollment and had approached the Court with an anticipatory bail application upon the incident coming to light. 

The Bench while dismissing the application observed that she had not merely deceived the Bar Association or the general public, but the entire Judicial system.

Case Title: Sessy Xavier v. State of Kerala & Ors.

Click Here To Read The Order