Law:

Section:

Advocate- Duty towards Court - Privileges - Duty towards client re: allegations in pleadings-Application for transfer of criminal case-Contempt of Court.   Held, that it is perfectly true in one sense that a legal adviser must accept statements of fact from his client. But that privilege of the legal adviser has a tendency and a very grave tendency to be very much abused and nowhere, is the abuse so manifest as in applications for transfer. It has become notorious that applications for transfer based upon the alleged prejudice and unfairness of the Magistrate have developed to an extent which is a scandal and it would be well that professional advisers and more particularly young professional advisers should bear in mind that there are certain kinds of duties which they have to perform in setting forth the case of their clients in relation to which they cannot take shelter, as they are in the habit of doing, behind the instructions of the client. One sees this plea of legal professional privileges taken up not only in applications of this sort but also in pleadings. Nothing is more conspicuous in pleadings than allegations of fraud, forgery and so on, made against the other side which, when the case comes up for hearing, are never substantiated in the slightest degree. Members of the profession, and particularly those practicing before Magistrates are liable to have the duty cast upon them of making an application for transfer, should feel the weight of their responsibility. Statements imputing prejudice or unfairness or corruption to Magistrates should not be made unless the statements of the client as tested by the adviser are found sustainable, unless they are found to be corroborated and unless the adviser has taken some steps not necessarily to pledge himself for his client's veracity but such as to give him, as a reasonable man, ground for belief that the statements at any rate are such as should be properly investigated. The duty of the legal profession is a very serious one both with regard to transfer applications and also in respect of pleadings.   Lawyers should exercise great care and caution in drafting and pleading in Court an…