LLB · 6th Semester · Paper 6.4 · BCI Prescribed
Mr. Krishnamurthy Iyer's
Book on Advocacy
Professional Ethics (Clinical Paper – III) | Bar Council of India
Three (3) Year LL.B. Course · Sixth Semester · Complete Study Notes
Educational Disclaimer — This resource is for educational purposes only and does not constitute legal advice. All content is based on Krishnamurthy Iyer's book on Advocacy as prescribed by the Bar Council of India for the LLB 6th Semester curriculum. Students should refer to original texts and consult qualified legal professionals for actual legal matters.
1
Introduction to Advocacy
According to Mr. Krishnamurthy Iyer, Advocacy is not merely a profession —
it is a noble calling. A lawyer is an Officer of the Court,
a Guardian of the Rule of Law, and a Protector of Individual Rights.
This book teaches how to become not just a good lawyer, but a truly great advocate.
📌 What is Advocacy?
- Definition Advocacy is the art and science of pleading a client's cause before a court of law — with knowledge, integrity, and skill.
- Word Origin The word "Advocate" derives from Latin advocare, meaning "to call to one's aid." This captures the essence: a client calls the advocate to aid them before justice.
- Legal Meaning An advocate is a person enrolled under the Advocates Act, 1961, who is authorised to appear, plead, and argue cases before courts of law in India.
- Broader Meaning Beyond court appearances, advocacy includes the skill of cross-examination, drafting pleadings, oral arguments, advising clients, and maintaining professional ethics at all times.
- Noble Profession Iyer calls law a noble profession because it is the backbone of justice delivery. It is not merely a trade for profit — it is a service to society.
🏛 Nature and Importance of the Legal Profession
- Officer of the Court An advocate is not merely a hired agent of the client. He is simultaneously an Officer of the Court — owing a higher, overriding duty to justice and to the court.
- Guardian of Rights Advocates protect the fundamental rights of citizens by ensuring fair trials, equal representation, and proper access to justice for all — rich and poor alike.
- Pillar of Democracy Without a fearless and independent Bar, democracy cannot survive. Advocates ensure that no power — however great — can defy the rule of law.
- The Central Tension An advocate must balance loyalty to the client's interest against the duty to the court and to truth. This tension is the central theme of Iyer's book — and mastering it is what defines a truly great advocate.
📚 Krishnamurthy Iyer's Book — Chapter Overview Table
| Chapter / Topic | Core Theme | Why It Matters for LLB Students |
|---|---|---|
| Qualities of an Advocate | Personal and professional attributes required for practice | Builds the foundation of character before entering courts |
| Duties of an Advocate | Duties to court, client, opponent, and society | Governs all professional conduct under Bar Council Rules |
| Examination of Witnesses | Art of examination-in-chief, cross and re-examination | Most critical trial skill — often decides the outcome of cases |
| Art of Arguments | Opening statements, final arguments, written submissions | The visible face of advocacy — persuasion and legal reasoning |
| Professional Ethics | Bar Council Code of Ethics and misconduct | Mandatory ethical obligations prescribed by BCI under Advocates Act |
| Bar-Bench Relations | Relationship between advocates and judges | Maintains dignity of courts and efficiency of justice delivery |
Iyer's Golden Principle
"A lawyer who has mastered the law but lacks integrity is more dangerous than ignorance.
The first duty of a lawyer is to be honest — to the court, to the client, and to himself."
2
Qualities of a Good Advocate
Krishnamurthy Iyer classifies the qualities of a great advocate into three groups —
intellectual, moral, and professional. All three must be developed together.
Technical knowledge of law alone is insufficient; without character, knowledge becomes dangerous.
🧠 A. Intellectual Qualities
- Thorough Knowledge of Law An advocate must have a comprehensive grasp of both substantive and procedural law. Ignorance of the law is unacceptable for a professional whose client's life, liberty, or property may depend on his knowledge.
- Quickness of Mind and Presence Courts move fast. An advocate must think on his feet and respond to unexpected questions, objections, and judicial interventions — instantly and accurately.
- Power of Legal Research The ability to find, analyse, and apply precedents and statutes is what separates average lawyers from great advocates. Research is the bedrock of preparation.
- Power of Expression Law without language is powerless. An advocate must express complex legal ideas in simple, clear, and forceful language — both orally and in writing.
- Analytical Ability Breaking down facts, identifying legal issues, and applying the right law to those facts with precision is the core intellectual skill of every advocate.
❤️ B. Moral and Personal Qualities
- Integrity and Absolute Honesty Iyer places integrity at the very top of all qualities. An advocate who deceives the court forfeits his right to practice law — and his claim to honour. Honesty is not a virtue; it is a professional obligation.
- Courage — Physical and Moral The courage to argue unpopular causes, challenge powerful parties, and hold firm under judicial pressure is the mark of a truly great advocate. Timidity in court is a disservice to the client.
- Patience and Perseverance Cases are long, courts are slow, and clients are demanding. Patience is not merely a virtue — in the legal profession, it is a practical necessity.
- Empathy for the Client Understanding the human suffering and circumstances behind a case helps the advocate present facts with authenticity and persuasive humanity.
- Self-Discipline Punctuality, thorough preparation, professional appearance, and dignity in conduct — these reflect the self-discipline that courts respect and clients trust.
💼 C. Professional Qualities — Summary Table
| Professional Quality | Simple Explanation | Consequence If Absent |
|---|---|---|
| Diligence and Preparation | Know every aspect of your case before entering the courtroom | Advocate caught off-guard; client's interests severely harmed |
| Brevity and Clarity | Say precisely what needs to be said — no more, no less | Judge loses patience; the force of the argument is diluted |
| Fairness to Opponent | Never misrepresent the opponent's case or suppress material facts | Professional misconduct under Bar Council Rules; disciplinary action |
| Responsiveness to Court | Answer the judge's questions precisely, promptly, and honestly | Creates adverse impression; may border on contempt of court |
| Dignified Conduct | Polite language, appropriate attire, and respectful tone at all times | Damages professional reputation; undermines the dignity of the court |
| Strict Confidentiality | Never reveal what the client tells you in confidence — ever | Breach of attorney-client privilege; disciplinary proceedings |
| No Touting or Advertising | Never solicit clients through agents, touts, or paid advertisements | Suspension or permanent removal from the roll of advocates |
3
Duties of an Advocate
Iyer explains that an advocate's duties are four-dimensional — to the court,
to the client, to the opponent, and to society. These must be held in balance simultaneously.
The duty to the court is paramount and overrides all others.
🏛 A. Duty to the Court — The Paramount Duty
- Supreme and Overriding The duty to the court is the highest of all duties. It overrides even the duty to the paying client. An advocate must never mislead the court — not by act, omission, or silence.
- Never Mislead on Facts or Law An advocate must never make false statements of fact or misrepresent the law before the court, even if directly instructed to do so by the client. Such instructions must be refused.
- Duty to Cite Adverse Precedents If there exists a binding precedent that goes against your client's case, you are duty-bound under professional ethics to bring it to the court's attention — even if the opponent has not found it.
- Maintain Dignity of the Court Always address and refer to the court in respectful language. Never use words, tone, or conduct that undermines or scandalises judicial authority.
- When Not to Appear An advocate must not appear in a case where he is likely to be called as a witness, where he has a personal financial interest, or where he previously advised the opposite party.
👤 B. Duty to the Client — Table of Obligations
| Duty | What It Means in Plain Terms |
|---|---|
| Honest Legal Opinion | Give a true, frank assessment of the case — not false hope merely to retain fees |
| Strict Confidentiality | Client communications are absolutely privileged; privilege survives even after the case ends |
| No Conflict of Interest | Never represent both sides in the same dispute; loyalty to the client must be undivided |
| Diligent Representation | Work with full preparation and effort; neglect of a client's case is professional misconduct |
| Proper Accounting of Funds | Client money received must be properly accounted for, segregated, and returned promptly |
| No Abrupt Withdrawal | Cannot suddenly refuse a case mid-trial without valid reason, proper notice, and reasonable time for the client to engage another advocate |
⚔️ C. Duty to the Opponent and Opposing Counsel
- Fairness in Contest Advocacy is an adversarial but ethical exercise. The opposing counsel is a professional colleague — not a personal enemy. The contest must remain within ethical limits at all times.
- No Misrepresentation of Opponent's Case Never misstate, distort, or caricature the opposing party's arguments or suppress facts that favour the other side. Fairness is a professional obligation.
- No Browbeating of Witnesses Cross-examination must never descend into personal harassment, abuse, or intimidation of the opponent's witnesses. Hard questioning is permissible; human degradation is not.
- Professional Courtesy If opposing counsel requires reasonable time for a request, granting it where practical is a mark of the professional character that great advocates embody.
🌏 D. Duty to Society and the Profession
- Uphold the Rule of Law Every advocate has a duty to uphold constitutional values, democratic principles, and the rule of law — both inside and outside the courtroom.
- Free Legal Aid Iyer recommends that senior advocates periodically take up cases of the poor without fee — as a service to society and as recognition that justice must be accessible to all, not only to those who can afford it.
- Dignity of the Profession Any conduct — whether in court or in private life — that brings the legal profession into disrepute constitutes a violation of professional duty.
- Mentoring the Junior Bar Senior advocates have an obligation to train, guide, and mentor young lawyers entering the profession, ensuring the continuity of its standards and values.
4
Examination of Witnesses
Iyer devotes the most extensive portion of his book to examination of witnesses,
calling it "the supreme test of an advocate's skill."
The outcome of most civil and criminal trials depends entirely on how
witnesses are examined and cross-examined.
📊 The Three Types of Examination — Comparative Overview
| Type | Conducted By | Purpose | Key Legal Rule |
|---|---|---|---|
| Examination-in-Chief | The party who calls the witness | To elicit favourable facts and build your own case | Leading questions NOT allowed — Section 142, Indian Evidence Act |
| Cross-Examination | The opposite party's advocate | To test credibility, expose contradictions, and weaken opponent's case | Leading questions ARE allowed — Section 143, Indian Evidence Act |
| Re-Examination | The party who originally called the witness | To clarify or repair damage caused by cross-examination | Confined to matters arising from cross-examination only |
🎯 Art of Cross-Examination — Iyer's Golden Rules
- Cross-Examination is the Greatest Engine of Truth Iyer quotes Wigmore: "Cross-examination is, beyond any doubt, the greatest legal engine ever invented for the discovery of truth." Use it with skill.
- Always Prepare Before You Cross Never cross-examine without a clear objective. Decide precisely what you want to achieve from the witness before asking a single question. An aimless cross-examination does your client more harm than good.
- The Rule of Silence — Most Important If a witness has not damaged your case, do NOT cross-examine. Every unnecessary question gives the witness another opportunity to reinforce their damaging story. Silence is the most powerful tool of an experienced advocate.
- Use Short, Leading Questions Only Cross-examination questions must be brief and leading — they must suggest the answer. Never give a hostile witness the opportunity for a long narrative. Control the testimony; do not surrender control.
- One Question — One Fact Each question should establish only one fact. Multi-part questions confuse the record and provide evasive witnesses an easy escape route.
- Never Ask "Why" in Cross Asking "why" in cross-examination gives the witness a golden opportunity to explain and reinforce their original damaging statement. It is the most dangerous question an advocate can ask a hostile witness.
- Finish on Your Highest Point Close your cross-examination when you have achieved your objective and scored a clear advantage. Do not drag on. End on strength, not confusion.
⚠️ Common Mistakes in Cross-Examination — According to Iyer
- Cross-Examining Without Purpose Asking questions merely to appear busy — without any clear goal — actively helps the opposing side by reinforcing their witness's credibility.
- Repeating the Examination-in-Chief Simply asking the witness to repeat what they said in chief does not damage them — it reinforces the opponent's case at your own expense.
- Asking One Question Too Many The most common and costly mistake. A perfectly executed cross-examination is ruined by one extra question that allows the witness to explain away all the damage previously done.
- Losing Composure Getting visibly angry with a witness, raising your voice, or becoming emotionally reactive immediately destroys your credibility before the judge and hands a victory to the opposing advocate.
5
Art of Arguments and Submissions
Arguments are the visible art of advocacy. While cross-examination
tests witnesses in the shadows of the trial, arguments test the advocate's mastery
of law, logic, and language before the judge directly.
A well-structured argument can win even a seemingly weak case.
🎬 A. The Opening Statement
- Purpose — The Roadmap The opening statement introduces the judge to the case: what it is about, what you intend to prove, and how you will prove it. It is a roadmap — not a full argument.
- Be Brief and Precise Judges are overburdened. The opening must be brief, clear, and compelling. Provide the judge with the essential map of the case in as few words as possible.
- State Your Case Theory Every case has a theory — a single, simple, believable story. State your theory of the case clearly in the opening so the judge has a framework through which to receive all subsequent evidence.
- Never Over-Promise Do not promise in the opening what your evidence cannot deliver. An unfulfilled promise in the opening destroys your credibility irreparably by the time of the closing argument.
🏁 B. Final Arguments — Iyer's Principles (Table)
| Principle | Iyer's Advice — Simply Explained |
|---|---|
| Begin with the Conclusion | Tell the judge what you want him to decide first — then build toward it with evidence and law |
| Facts Before Law | A judge must first feel the justice of your case before he can apply the law to it correctly |
| Brevity is Power | "If it cannot be said in 15 minutes, it will not be said better in 15 hours." — Krishnamurthy Iyer |
| Cite Case Law Precisely | Quote the judgment name, citation, and exact paragraph. Imprecise citations insult the court's intelligence |
| Acknowledge Your Weaknesses | Address the weak points of your case yourself — before the opponent does. This builds judicial trust in you |
| One Decisive Point | Find your single strongest point and hammer it home. Twenty mediocre points dilute and weaken your best one |
| Voice and Manner | Speak clearly at a measured pace; modulate your voice for emphasis. Strategic silence is a powerful oratorical tool |
✍️ C. Written Submissions and Memorials
- Clarity Over Cleverness Written arguments must be clear and direct. Courts do not reward clever writing — they reward clear, logical thinking expressed in clean, precise language.
- Correct Structure Always Every written submission must follow: Facts → Issues → Applicable Law → Application of Law to Facts → Prayer (Relief Sought). Deviation weakens the submission.
- No Repetition — Ever Say something once, and say it well. Repeating the same point wastes precious judicial time and significantly dilutes the impact of your argument.
- Quote Only Accurately When quoting judgments, every word must be accurate. Misquoting a binding judgment before the court is a grave professional lapse with serious consequences.
6
Professional Ethics and Misconduct
The Bar Council of India Rules (Part VI, Advocates Act, 1961)
codify the ethical obligations of all advocates. Krishnamurthy Iyer explains these
rules in detail, and highlights conduct that constitutes professional misconduct —
leading to suspension or permanent removal from the roll of advocates.
📜 Bar Council Code of Ethics — Key Rules at a Glance
| Rule Area | What It Prohibits or Requires | Consequence of Violation |
|---|---|---|
| Touting and Advertising | Strictly prohibited — no soliciting clients through touts, brokers, or paid advertising of any kind | Disciplinary proceedings; suspension or removal from roll |
| Unauthorised Practice | Only enrolled advocates under the Advocates Act may appear before courts — no exceptions | Criminal prosecution under the Act plus disciplinary action |
| Conflict of Interest | An advocate must NOT represent parties with conflicting interests in the same matter at the same time | Disciplinary action; potential liability for damages to the affected client |
| Direct Communication with Opposite Party | Must NOT communicate directly with the represented opposite party — only through their advocate | Professional misconduct finding by Disciplinary Committee |
| Contingency Fees | Advocates must NOT charge fees contingent on the outcome of the case ("no win, no fee" agreements are banned) | Disciplinary proceedings before the State Bar Council |
| Personal Interest Cases | Must NOT appear where the advocate is a witness, has a personal financial stake, or a close relative is involved as a party | Appearance may be struck off; misconduct recorded |
| Dress Code | Must wear prescribed court attire (black coat, white shirt, white bands) in all court appearances at all times | Entry to court may be refused; contempt in extreme instances |
⚠️ Types of Professional Misconduct
- Moral Turpitude Any act involving cheating, fraud, or dishonesty — whether in court or in private life — constitutes the gravest form of professional misconduct. The legal profession cannot tolerate a dishonest member.
- Contempt of Court Disobeying court orders, insulting judges, or disrupting proceedings constitutes both professional misconduct under Bar Council Rules and a criminal offence under the Contempt of Courts Act, 1971.
- Misappropriation of Client Funds Using money received on a client's behalf for personal purposes is the most commonly punished and most severely treated form of professional misconduct. It often results in permanent disbarment.
- Suppression of Material Facts Deliberately hiding material facts from the court, or knowingly making false representations in pleadings or oral arguments, is a fundamental betrayal of the advocate's duty to the court.
- Appearing for Both Sides Secretly acting for or advising the opposite party while simultaneously representing a client is the most egregious form of professional betrayal — it strikes at the very heart of the lawyer-client relationship.
- Filing False Documents Filing forged, fabricated, or falsified documents before any court is simultaneously professional misconduct and a serious criminal offence under the Indian Penal Code.
🔨 Disciplinary Proceedings — The Step-by-Step Process
- Step 1 — Complaint Filed Any aggrieved person — a client, court, or the Bar Council acting suo motu — may file a complaint against an advocate before the State Bar Council.
- Step 2 — Disciplinary Committee The State Bar Council's Disciplinary Committee investigates the complaint, giving the accused advocate a full and fair opportunity to be heard.
- Step 3 — Order Passed The Committee may reprimand the advocate, suspend practice for a defined period, or remove the name permanently from the roll of advocates.
- Step 4 — Appeal Process Appeals lie to the Bar Council of India, and thereafter to the Supreme Court of India under Section 38 of the Advocates Act, 1961.
7
Bar-Bench Relations
Iyer considers the relationship between the Bar and the Bench to be the very
heart of the administration of justice. Respect must flow both ways —
from advocates to judges, and from judges to the advocates who argue before them.
A healthy Bar-Bench relationship is the hallmark of a great judiciary.
🤝 Why Bar-Bench Harmony Is Essential
- Efficiency of Justice When Bar and Bench function with mutual respect, proceedings are efficient, dignified, and just. Friction between the two causes delay and undermines the administration of justice.
- Public Confidence The public's faith in the court system depends largely on the visible relationship of respect between judges and advocates in the courtroom.
- Quality of the Law Skilled and fearless arguments by advocates help judges make better, more thoroughly reasoned orders. An active and independent Bar directly improves the quality of judicial decisions.
📋 Advocate's Duties Toward the Bench — Summary Table
| Expected Conduct | Why It Is Required |
|---|---|
| Address the judge as "My Lord," "Your Honour," or as prescribed by the court | Reflects respect for the judicial office and the institution — not necessarily the individual |
| Rise when the judge enters and leaves the courtroom | A formal mark of respect for judicial authority and the institution of justice |
| Do not interrupt the judge when speaking from the bench | Maintains decorum; interrupting a judge in session is a serious breach of courtroom etiquette |
| Accept adverse orders gracefully; challenge only through proper legal appeals | Criticism of judicial orders must flow through legal channels — never through public disparagement |
| Never make arguments personal against the presiding judge | Criticism of a judgment in law is permissible; a personal attack on the judge as an individual is not |
⚖️ Contempt of Court — A Critical Concept for Advocates
- Civil Contempt Wilful disobedience of a court order or an undertaking given to the court. Example: Ignoring an injunction order granted by the court.
- Criminal Contempt Any act that scandalises the court, prejudices a fair trial, or interferes with court proceedings. Far more serious than civil contempt.
- Advocates and Contempt An advocate who makes wild, abusive, or unfounded allegations against judges is simultaneously guilty of criminal contempt and professional misconduct — inviting both criminal punishment and disbarment.
- Fair Criticism is NOT Contempt Honest, temperate, and well-reasoned criticism of a judicial order in academic or professional writing is explicitly not contempt of court. The law distinguishes criticism from scandalisation.
- Punishment Under Law Simple imprisonment up to 6 months, or fine up to Rs. 2,000, or both — under the Contempt of Courts Act, 1971.
Iyer's Observation on Bar-Bench
"The Bar is the nursery from which the Bench is recruited.
The quality of the Bar today is the quality of the Bench tomorrow.
The two are not adversaries — they are partners in the administration of justice."
🔄 Flowchart — The Complete Advocacy Process
From first client contact to final resolution — step by step
🧠 Mind Map — Krishnamurthy Iyer's Advocacy: Key Concepts
All major topics radiating from the central theme of Advocacy
🗺 Roadmap — Mastering Advocacy: The Complete Learning Journey
Seven sequential stages from complete beginner to the Complete Advocate
Stage 1 · Foundation
Understanding What Advocacy Is
Begin with Iyer's core definition of advocacy — the art of pleading a cause with knowledge, skill, and integrity. Understand why law is a noble profession and what it means to be an Officer of the Court, not merely a client's agent.
Topics: Definition · Legal Profession · Officer of CourtStage 2 · Character Building
Developing Qualities of a Great Advocate
Iyer insists that law is learned, but character is built. Study the intellectual qualities — knowledge, analysis, expression — alongside the moral qualities of integrity, courage, and patience that distinguish a truly great advocate from a merely competent one.
Topics: Intellectual · Moral · Professional QualitiesStage 3 · Duties and Obligations
Mastering the Four-Fold Duty System
An advocate simultaneously serves the court, the client, the opponent, and society. Learn to balance these duties wisely — particularly the paramount duty to the court, which overrides even the duty to the paying client.
Topics: Court · Client · Opponent · SocietyStage 4 · Trial Skill
Mastering the Examination of Witnesses
The most critical trial skill, according to Iyer. Study examination-in-chief (no leading questions), cross-examination (the engine of truth, all leading questions), and re-examination. Memorise Iyer's Golden Rules for cross-examination — particularly the Rule of Silence.
Topics: Exam-in-Chief · Cross · Re-examination · RulesStage 5 · Persuasion
Art of Arguments and Written Submissions
Learn to construct powerful opening statements and closing arguments. Apply Iyer's principle: state your conclusion first, then build toward it. Brevity is power — say something once, say it well, and end when you have scored your best point.
Topics: Opening · Final Arguments · Written SubmissionsStage 6 · Professional Ethics
Ethics, Bar Council Rules, and Misconduct
Study the Bar Council Code of Ethics in full. Understand what constitutes professional misconduct — touting, conflict of interest, misappropriation, contempt — and master the four-step disciplinary proceedings process. Ethics is not optional; it is the foundation of the profession.
Topics: BCI Rules · Misconduct · Disciplinary ProceedingsStage 7 · Advanced Mastery
Bar-Bench Relations and Courtroom Mastery
Understand Bar-Bench harmony as the very foundation of justice delivery. Master courtroom etiquette in full, study the law of contempt of court, and develop the complete profile of an advocate who commands the respect of both clients and the judiciary with equal ease.
Topics: Bar-Bench · Etiquette · Contempt · Courtroom Mastery🏆 Destination
The Complete Advocate
You are now equipped with the knowledge, ethics, courtroom skills, and character that Krishnamurthy Iyer defines as the hallmarks of a truly great advocate. Enter the court not merely as a lawyer — but as an Officer of Justice.
Knowledge + Ethics + Skill + Character = The Complete Advocate