It can be seen that many of clients for their own vested interest may ask an Advocate to visit Police Station.. So question comes up that are Advocates required to go to Police station in discharge of their Duties? What are points to remember while going to Police station?
Ans: First and foremost a reputed Advocate will never go to Police station for a clients matter and as per Advocates Act 1960, Advocates are not bound to visit Police Station merely to accompany their clients and even if Advocate says a blunt NOOO to client, he will not be liable for any misconduct as per Advocates Act. Also following points Advocates need to remember while visiting Police Station
1. While visiting Police Station, an Advocate needs to be elegantly and most formally dressed with shoes and proper attire. One must remember when you walk down to Police station in a shabby manner wearing slippers or unshaved, you disrepute the entire Lawyer community before the Police machinery.
2. Always remember Client is not always true and he may try to make a scape goat of you by using you as a shield taking to Police station, so always first listen to Police officer rather than taking side of your client right from the start.
3. Also your place of Argument is Court and not Police Station, so once you find that things are not going as per requirements of your client, you should not start displaying your unnecessary arguing skills in Police station just for sake of impressing your client rather than you should seek relief for your client through Court which is Advocates kingdom. One must remember that majority of skirmishes between Advocates and Police happen because of excessive argument by Advocates for their client at Police Station. Also Clients are never permanent but however you have to work with Police as both you and they are part of Justice delivery system.
4. Never refer Police Constable or subordinate Police Havaldars by prefixes such as 'Saheb' or 'Sir' always refer them by terms like 'Commander' or by Mr. Xxxx (as per surname on badge)
5. While interacting with Senior Police officers above rank of API and above prefixes like Sir or Saheb May be used as long as he is using prefixes like Sir or Vakil Saheb for you. Always remember when you give respect you will get respect but at same time also do not give unnecessary respect of counter person is referring you by your surname only.
6. An Advocate should only talk to Police as per the provisions and not merely what their clients feel correct and right.
7. An Advocate should ensure that he should not be visiting too often to Police station as visiting too often to Police station for every Tom dick and Harry client may lower down your esteem before Police machinery.
8. Always ensure that Client should not be given any expectations from Police Station as Advocates do not control Police Station.
9. Always be well updated with Laws and be well versed with sections of IPC, CrPC etc as only reason why Police officers respect you is for your *Knowledge*
10. Always make sure that you carry your visiting cards and Bar Council Card if at all you go to Police station for a client.
Ans: First and foremost a reputed Advocate will never go to Police station for a clients matter and as per Advocates Act 1960, Advocates are not bound to visit Police Station merely to accompany their clients and even if Advocate says a blunt NOOO to client, he will not be liable for any misconduct as per Advocates Act. Also following points Advocates need to remember while visiting Police Station
1. While visiting Police Station, an Advocate needs to be elegantly and most formally dressed with shoes and proper attire. One must remember when you walk down to Police station in a shabby manner wearing slippers or unshaved, you disrepute the entire Lawyer community before the Police machinery.
2. Always remember Client is not always true and he may try to make a scape goat of you by using you as a shield taking to Police station, so always first listen to Police officer rather than taking side of your client right from the start.
3. Also your place of Argument is Court and not Police Station, so once you find that things are not going as per requirements of your client, you should not start displaying your unnecessary arguing skills in Police station just for sake of impressing your client rather than you should seek relief for your client through Court which is Advocates kingdom. One must remember that majority of skirmishes between Advocates and Police happen because of excessive argument by Advocates for their client at Police Station. Also Clients are never permanent but however you have to work with Police as both you and they are part of Justice delivery system.
4. Never refer Police Constable or subordinate Police Havaldars by prefixes such as 'Saheb' or 'Sir' always refer them by terms like 'Commander' or by Mr. Xxxx (as per surname on badge)
5. While interacting with Senior Police officers above rank of API and above prefixes like Sir or Saheb May be used as long as he is using prefixes like Sir or Vakil Saheb for you. Always remember when you give respect you will get respect but at same time also do not give unnecessary respect of counter person is referring you by your surname only.
6. An Advocate should only talk to Police as per the provisions and not merely what their clients feel correct and right.
7. An Advocate should ensure that he should not be visiting too often to Police station as visiting too often to Police station for every Tom dick and Harry client may lower down your esteem before Police machinery.
8. Always ensure that Client should not be given any expectations from Police Station as Advocates do not control Police Station.
9. Always be well updated with Laws and be well versed with sections of IPC, CrPC etc as only reason why Police officers respect you is for your *Knowledge*
10. Always make sure that you carry your visiting cards and Bar Council Card if at all you go to Police station for a client.
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