Best Over 50 Life Insurance Information about the Best Over 50 Life Insurnace

Creditors and Your Debt – Take Control

Creditors - Dealing With DebtTired of creditors calling? Frustrated with trying to decide who gets paid and who doesn’t? There are steps you can take to relieve the stress.Resolve to Make the Calls TODAY:It doesn’t matter if it has been six months of delinquency or two days, you have to resolve to make the calls today. When you contact the creditor, be respectful, honest, and firm. Don’t make promises you cannot make. That will simply result in more calls and more frustrations. It is a difficult point to accept that you are having financial problems. Know this, you are not alone and it is not the end of the world. What is it? This is your wake up call. An opportunity to assess where you are in life and where you want your future to take you. Make a list of all of your creditors, old and new. Once you have the list complete, assess who your contact is, how delinquent it is and the risk level. What I mean by risk level is if your car is close to repossession, or your home, this should be a priority. Medical bills, unfortunately should come after satisfying your families basic needs. What Your Creditors Expect:Once you have become seriously delinquent, the creditor is expecting a loss. Most companies will accept payments on balances. The thought is that some money is better than no money. They will be aggressive. They will want you to become current as quickly as possible, no matter what your circumstances are. Be realistic when discussing what you can do. Most revolving accounts such as your electric bill will accept a months payment to stave off shutting off your services. Sacrifice Your Conveniences:I know it is difficult to give up matters of convenience. We have become a spoiled society thinking fast food and cable TV is a right. Eliminating debt will take sacrifice and commitment. Get rid of your house phone and use your cell for everything. There are many small expenses that when added us could mean the difference of catching up on your bills. Every community has a local library. Most offer free internet access and you can even rent movies from them. The small sacrifices you make today will generate extra cash that you need to pay your bills and over time, once your crisis is over (and it will be), you can begin to add back the things you were used to enjoying.Seek help:The sooner you make the calls to your creditors, the sooner they can help you. If you find yourself still unable to manage your money and your debt. There are many organizations that are ready willing and able to assist you. Make sure they are reputable. There is plenty of information that they are going to request from you, ensuring that they are well established and ethical will protect your identity and your credit. Please, work with a credit counselor before you sign with a credit management company or file for bankruptcy. Both of these are a means to an end for your current financial crisis, but will leave your credit damaged for a long time. Learning how to budget money and pay bills properly provide you with the opportunity to avoid this situation in the future. Be Aware:Start opening your mail. Reading your mail may bring about an opportunity to negotiate. Creditors would rather collect the balance owed and waive fees. Don’t be afraid to ask for a reduction in interest or to waive fees. Do not ignore orders for garnishments or notices to appear to court. If you are representing yourself and dealing honestly with the people involved, it will be a positive move toward eliminating the debt issues. A Word of Encouragement:I found myself a single mother at a young age, trying to make ends meet was difficult at best. I worked two jobs and saw most of it go toward child care. When my daughter was born, I did not have medical insurance. I was denied assistance and even applied for local grants to help with the several thousand dollars that I owed. Once I realized that I was not going to get any help, I knew the debt was mine and knew even more that it was going to take some time for me to pay it off. I called the hospital who directed me to their collections department. I explained my circumstances and offered to begin to make payments. It escapes my memory the amount I promised, it may have been $50.00 a month. The collections department told me that it was an unacceptable amount. I remember months that I was unable to send more than $5.00 but I did it. Fifteen months later after paying only $1,000.00 toward the debt with the help of my income tax return, I received a call from the credit department of the hospital. The ladies of the department saw a grant become available and sent my information to them. The debt was relieved for me. But had I not been diligent with my attempts to pay, no one would have cared and it would have been a negative hit to my credit very early on.Keep a positive attitude and know that there are people in the world who care and want to help.

Think Yourself to Infinite Wealth and Double Your Income

Regardless of what you may have been told, hard work alone doesn't make you rich, nor does it give you financial freedom. It's how you think about money and how you acquire it that makes all the difference. Most people put things in terms of earning and spending, focus on how much they are making in the now and acquire things sooner rather than later. In sum, they're working to meet expenses but expenses tend to rise as soon as salary does.The path to having infinite wealth and financial freedom lies in a totally different direction. You have to ask yourself, what do entrepreneurs and other hugely successful people do that the other 95% of Americans don't? The answer is that they think about finances in terms of cash flow and know how to generate passive income that will continue indefinitely.As best-selling author Robert Kiyosaki ("Rich Man, Poor Man") has explained, part of the problem is the way most individuals have been taught to define source of income, assets and liabilities. Traditional perceptions assume annual income is basically finite, comes from your job or professional career and is earned by doing. Money is valued for what it can buy today or how much of it can be amassed.Additionally people have been trained by society and general accounting practices to classify houses, cars, luxury items and general "doodads" as assets based on their paper value. As a result, the rule of thumb says bigger, better and more are always desirable. In reality, though, these things are actual liabilities because of the costs associated with them; when you consider general maintenance, real estate taxes, insurance, etc., you see that large and luxury possessions can deplete cash flow significantly. No wonder that, on average, people in the Middle Class lose 50% of their gross income to taxes.Worse still, following this traditional mindset can be disastrous since it leads to living month to month regardless of how much comes in. Roughly 60% of Americans couldn't last more than 60 days without a paycheck and retirement, even for professionals (like doctors) becomes impossible because of current cash flow needs.The solution lies in learning to value time over money and generating enough passive income to cover months or years without having to physically earn it. Start by living well within your current means; it is easier to be financially free when you have lower expenses. This will allow you to accumulate enough to leave the rat race for a life of fast track investing.Then put the money you're not spending into things that have a continuing return on investment (ROI) like rental real estate, network/multi-level marketing or a business that provides a necessity (and where employees and managers can ultimately generate passive income for you). Keep in mind that, as we've seen, stocks and other paper investments are subject to the whims of Wall Street.Be prepared to work very hard in the beginning and acquire additional passive-income generating assets before liabilities. Consider finding a mentor and approach him or her with the intent of giving something in return for the valuable information and experience you'll be getting. No one should be asked for "something for nothing" or feel that he or she is being taken advantage of.In terms of real estate, for example, this might mean doing the renovations for a relatively small amount of money while you're learning by doing and listening to great advice. Many budding entrepreneurs make the mistake of asking for help and offering profits on the back end. Think of an old-fashioned potbellied stove and remember that you have to donate the wood before the stove can generate heat.Lastly, remember to provide true value, give all of yourself and be generous; you'll find that the more you give the more that's left for you. That includes spreading the wealth by teaching others what you've learned.In sum, learning to think differently about the acquiring and spending of money will put you on the fast track to having true financial freedom.

Debt Consolidation FAQ

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I have two...Bad credit debt consolidation loan?Here is what's going on with me. I have just about 30,000 dollars worth of student loans, however I have them through more than one place...I have one through Astrive, a couple of Direct Loans, and one through Wachovia. I also own a car that my mom took out in her designation and is going to...Bad Credit Debt Consolidation?What are good options for debt consolidation if your credit's bleak? Most debt consolidation companies are not worth the fees that they're going to charge you. And if you have the money to compensate these fees, you have the money to make the monthly payments on your credit cards. These companies will explain to...Bad credit within ireland inevitability a debt consolidation any planning? From what I enjoy been told (in the US) that a debt consolidation counts against your credit score. Found this out when purchasing a house. 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Internet Shopping Guide!

Shop online, or brick and mortar!

Many people shop at brick and mortar stores because they feel shipping charges only raise their total cost, however, unless you live in a high density populous like a major city, most often shipping charges cost less than the gasoline required to travel to and back from a brick and mortar store, especially when looking for bargains, which would probably require a stop off at more than two stores for price comparison, and even then when you find the best price, (even if you researched your favorite stores online) you run the risk of a fuel expense only to find your item not in stock, so by the time you actually come home with your item, your fuel expense was probably greater than most fast shipping costs would be. There is also the consideration of time, I live in a rural area where the nearest grocery store is about 12 miles away, and the discount big box retail stores, over 15 miles away, with an average speed limit of 50 mph, it would take approximately 20-25 minutes travel in each direction, around 20 more minutes to identify and locate the specific item(s) in the store, then there is the line at the check out area, depending what time of day/evening you go, it could be as little as 5 minutes and up to 30, as I have waited in check out lines at big box retail stores, so online shopping is not only green, ecologically, but you get more than an hour and a half of your life freed up to do other more desirable activities!

Is it safe to shop online?

Many people still hold on to the idea that online shopping is very risky, however with the implementation of a number of encryption techniques, your personal, and credit card information, is quite secure, but should you still feel a measure of insecurity inputting your credit card information at a website, there are additional steps you can take to insure zero liability on your part. Most credit cards offer a zero liability rider on their cards for any fraudulent charges if you pay a small monthly fee, usually after a 30 - 90 day free trial, in which case any charges that show up on your statement that are not your authorized purchases, will be unconditionally credited back to your card, and an investigation will most likely ensue to try to prevent a reoccurrence.

Once you get past the apprehension of credit card fraud, there are a number of practices that will ensure a positive experience.

Is the lowest price the best deal?

When price comparing different e-commerce stores there are some things to consider, is the item brand new, refurbished, re-packed, a factory second, or even the name brand that is stated, these are all important factors to consider when comparing prices, and many sites will state what grade of merchandise they carry if it is good for business, for instance, I have seen prices for a specific digital camera range from $99.95 to $279.95 for the exact same camera and the msrp was $229.00, so I ask myself, why so high, or so low, if I choose the lowest price am I getting what I would get if I paid the high price? Well obviously the highest price is not one's first choice, but here are some answers, the higher prices might be due to a poor choice of wholesaler or distributor, or a lack of buying power due to low volume sales, or a high overhead that needs to be considered by the merchant, or maybe they are also brick and mortar store and do not want to severely undercut the prices in the actual store with their online prices. Now when evaluating low prices consider buying American made, because there are a number of foreign manufacturers that produce cheap knock offs of the original, which are available at much lower prices than their American counterparts, also check the item listing for very small,(fine print) or similar colored text (almost invisible), stating that it is either refurbished or a factory second, and when buying branded items make sure the item picture reflects the advertised brand name, and is not an inferior knock off, this happens most when shopping for accessories like picture cards, removable mass storage devices, and other types of digital media, and similar accessories. Something else to look out for is the price of shipping, and the geographical location of merchant, for instance, compare the shipping charges for the same item on a few sites, that are located in the same area, if one price is much higher, they might be advertising a low price but make it up in the way of a handling charge added to the shipping charge, also if you narrowed down your choice of sites to just a few, then buy from the one geographically close, which will minimize the shipping charge, an example would be if you live in California, and your narrowed down sites are located in New York, Dallas, and Seattle, the lowest shipping charges would likely be from Seattle, now if there is a site also in California, you might still consider the Seattle site to save on sales tax, provided the company does not also have a physical store in California as well, because then they will also be required to charge sales tax, on the positive side, some merchants might show extremely low prices on items that have been discontinued by the manufacturer, and the merchants want to move excess inventory before they lose their profit margin all together, so checking with the manufacturer, if the item is current, will explain such a low price, or they might be a "wholesale to the public" type merchant with tremendous buying power, and warehouse space in which case the savings are passed to you, another explanation for low prices can be the use of drop shippers, and warehouse co-ops, which reduces the overhead for online merchants because they do not need to tie up thousands of dollars in inventory to make minimums, and the expense to house that inventory, all of which can contribute to lower prices, along with being in a very competitive retail venue.

Feedback and ratings!

There are many opportunities to give feedback or rate your experience with a site. What do you choose, a highly rated store with higher prices, or a store with little or no rating with lower prices, well I for one have many times, passed on offering a rating, by not responding to the email sent, just because of the lack of time, so these should be considered on the lighter side, for instance, a high number of ratings may not all be positive, or they might have lost sight of a customers value because business is so good they no longer feel the need to go the extra mile to make or keep a satisfied customer, on the other hand, no ratings at all might only mean it is a reasonably new store and has not received the customer count of the big guys, but my thought is this, give the little guy a shot, in their pursuit of sales they are more likely to go the extra mile to win over a customer, and possibly offer an incentive to return to them for future purchases.

How to search for your purchase!

I would recommend getting as much information about a product or products from the original manufacturer's website, they usually offer the most comprehensive information about their products and usually a suggested retail price, but generally do not sell direct, but instead provide a list of sites you can purchase from, with that said, consider this, after visiting the manufacturer's site you probably made the decision as to which product model you want to purchase, when doing a search engine search, include the make and model in your search query, rather then a general search term like "fish finder" or "digital camera" this will accomplish a few things, first it will reduce the number of results, and make the results you do get the most relevant, then search engines usually, under these circumstances, will provide a "price compare" link, for instance Google will provide Froogle results, or a Yahoo! Search might provide a Yahoo! Shopping link to a price compared list of possible merchants, and then there are the links like Shopzilla, Price grabber, Next tag, or shop.com, to name a few, these links all provide easy access to price comparing, but be advised that many of these results are "sponsored" which means merchants paid to show up in that search result, and may not be the only relevant sites to choose from!

Where do I go to shop for many items?

Many e-commerce sites are pretty specialized, in as much as they offer a comprehensive selection of the type of merchandise they specialize in, a metal detector store for metal detectors and accessories, or a camera store for digital cameras, picture cards, and batteries, etcetera. Although these stores often have the most competitive prices they might not be your best choice when shopping for many different items, that's where your Internet department stores might be a better choice, and I will tell you why, if you were to buy a metal detector for your Nephew, and a digital camera for your Mom, and a GPS fish finder for your Dad, and a paintball gun for your Brother, and some jewelry for your Niece, buying these items each from a different store will not be as cost efficient as taking some time to find a department type store that has all these different items for offer, even if their prices are a little bit higher, because all the shipping will be calculated by the total weight of the order, not rounding up each item to the next whole pound as when purchased from separate stores.

May all your Internet shopping experiences be positive ones!

Copyright © Daniel Chiapperino 11/2006

http://www.gardeningsphere.com

Customer Service and the Human Experience

Historically, customer service was delivered over the phone or in person. Customers didn’t have many choices, and switching to competitors was cumbersome. Today, these methods are but two of the many possible touch points of entry for any given interaction. With all the options the Internet brings, competition is literally a click away. If, as has been reported, 65% of your business comes from current customers, then in order to stay in business, you best focus on winning the satisfaction and loyalty of those customers.

With continued attention on customer service, customer retention, and lifetime value of the customer, it is no surprise that contact center operations continue to increase in importance as the primary hub of a customer’s experience. The contact center is still the most common way that customers get in touch with businesses. In fact, Gartner reports 92% of all contact is through the center.

While much attention has been focused on the technology and benefits of providing multiple channels for customer contact, little consideration has been directed to handling the human part of the equation—training Customer and Technical Service Representatives to field more than just telephone communications. With the explosion of e-commerce, the need to reinforce keeping the human element in the equation is paramount. Certainly now more than ever before in history, customer-centric service is a necessity.

Twenty five years from now customers will still be human beings, still be driven by desires and needs. Virtual environments do not create virtual customers. Except for the simplest transactions, some customers still need to be connected with and nurtured by a live person. Amazon.com has learned this. They employ hundreds of traditional customer service representatives using phone lines to help customers with questions that cannot be dealt with online.

With the ability to handle simple transactions available by using sophisticated, self-service technology, customer calls, faxes, and/or e-mails are more complex, more complicated, sometime even escalated, heightening stress levels.

At the same time, research has identified the Customer Service and Technical Representative as one of the ten most stressful jobs in America today, with job stress costing employers an estimated $300+ billion yearly in absenteeism, lowered productivity, rising health insurance costs and other medical expenses (up from $200 + billion just ten years ago.) A recent NIOSH study reported that 50% of employees view job stress as a major problem in their lives--double from a decade ago.

Lines of demarcation have blurred and change is rampant in today’s center. Why? Because of our cell phones, voice mail, faxback, PDA’s, and e-mail. We are now more available and accessible than ever before. The lines are no longer clear as to where our jobs or projects begin and end—they can follow us home again and again.

In today’s competitive marketplace there is little difference between products and services. What makes the difference--what distinguishes one company from another--is its relationship with the customer. Who has the awesome responsibility for representing themselves, their companies, perhaps their industry in general? Front line representatives.

The ability of a company to provide human-to-human connections--back and forth live communication--continues to be critically important. The fact is voice is the most natural and powerful human interface, real time or otherwise. That isn’t going to change any time soon. To the customer, people are inseparable from the services they provide. Actually, the person on the other end of the phone is the company. It is no wonder, then, that companies with superior people management, invest heavily in training and retraining, reinforcing the human element.

Yet customers still leave. The latest statistics on why are:

This means that 65% of your customers leave because of something your front line is, or is not, doing.

This is the good and the bad news. It’s bad news because that’s a high percentage. On the other hand, it’s good news because there is something you can do about it—it resides on the human side.

It is agreed that people, process, and ‘state of the art’ technology are what make companies work. For me, the people process is most important. After all, it’s the people who truly make the difference.

Never lose sight of the fact that we are human beings, not merely ‘human doings.’ The fact is 70% to 90% of what happens with customers is driven by human nature, having nothing to do with technology. Technology is meant to enable human endeavors, not to disable them.

Extraordinary service or lack thereof, separates the good from the great companies. As more and more organizations are turning to the contact center as a strategic player in the competitive landscape, it is in the throes of re-inventing itself to step up to the plate and become the heart of a company's customer facing operations.

Empathetic ResponsivenessThe ability to put yourself in another person’s shoes and see their point of view—not agree with them, not make them right and your company wrong—but hear what they are saying. After all, basic needs of all of us are to be heard and treated with dignity and respect.

I think of a call as an ABC process. ‘A’ represents the customer presenting their question, request, complaint or problem. ‘C’ is the ultimate resolution. Most times ‘B’ is either skipped or left out—because of metrics, calls in queue, or simply because you know the answer before the customer is even finished speaking. ‘B’ is where the agent acknowledges what they hear—be it upset, anger, frustration, or fear. Or, a simple ‘thank you for taking the time to call and bring this to our attention.’ After all, if a customer calls in to complain, you have the opportunity/challenge to turn them around. If they don’t call, and only complain to other people, you have no opportunity. Does going through ‘B’ take longer? Not at all. It allows you to move the customer to a more productive interaction and close the call. I’ve heard many customers repeat their opening paragraph (A) over and over, while at the same time the agent is trying to get them to resolution (C). Red alert! Red alert! Acknowledge what is behind the words and you will move them quickly to ‘C.’ I believe you can’t go from A to C without going through B.

If all customers wanted just the facts (and some do), they could ascertain the information online. Most customers (people) want the human interaction, someone to hear them, someone to care. A simple, “I’m so sorry that was your experience. My name is Rosanne and I’m going to do my best to help you right here and now.”

Self ServiceWhen asked the question in a recent study, “What is the biggest barrier your company encounters to self-service effectiveness?” only 14% of the customers replied they don’t know about it.’ This means that the 86% who do know about it and attempt to use it (1) find it too hard to navigate, (2) can’t find the answers, and/or (3) don’t trust the system or the answers they do find.

Research shows that customers prefer to deal with companies who are the most consistently accessible. When customers experience a level of service from email and chat support, for instance, that equals or exceeds voice support, then and only then will they gladly migrate to those channels to resolve their problems and inquiries.

To increase customers’ satisfaction, be sure to:

1) Phone: Have a ‘zero out’ option on your system2) Website: Have your phone number or a button to speak with a human 3) E-mail: Rephrase the issue in the opening paragraph.

 

Purchasing ProcessIn an interview with Delia Passi Smalter, the former publisher of Working Woman and Working Mother magazines, we found very interesting statistics regarding female demographics (Incentive Magazine, 2003). It seems that women are making over 85% of consumer purchases and influencing more than 95% of total goods and services. Smalter distinguishes the purchasing process women and men go through. The biggest one, she says, is that women need to feel more of a connection to the TSR; they need to trust the corporation and the brand. Price becomes secondary. Women take in a lot of information, including recommendations from friends and family, company and brand reputation, feelings about her contact person, and how the brand will impact her life. Not so for men. Men take a systematic approach, allowing outside influence to some degree, but mostly they are focused on price.

One of the most influential documents in the world, the U.S. Constitution, begins with "We, the people..." Yes, ‘we the people’ are what makes the difference.

Choosing a Residential Air Duct Cleaning Service

There are health benefits for all residents from regularly cleaning the HVAC System and it's air ducts.Heating and air conditioning systems collect mold, fungi, bacteria and a variety of contaminants that reduce the quality of the air residents and visitors breathe. A dirty air duct contributes to poor indoor air quality and affects the health of people in the residence.The purpose of residential air duct cleaning is to remove these contaminants from a home's HVAC system to get the best indoor air quality.The most effective way to clean an air duct system is to use a specialized, powerful vacuum which puts the air duct / ventilation system under negative pressure. While the vacuum draws air through the system, devices are inserted into the ducts to dislodge contaminants and debris from the interior surfaces, moving the contaminants/debris from the home's air ducts and ventilation systems into the vacuum.Vacuum collection alone does not clean the HVAC system. Brushes, air whips, "skipper balls" and other tools that agitate contaminants and debris scrub the surfaces within the air duct system and propels contaminants and debris into the vacuum collection device(s).Anti-microbial chemical sanitizers are applied to the interior surface of the air ducts to control microbial contamination...but before sanitizers are used, the system should be thoroughly cleaned. All anti-microbial chemicals used must be EPA registered for use in HVAC systems. Ask to see the chemical's Material Safety Data Sheet (MSDS). If you are still concerned, call the EPA at 1-800-438-4318. There are no EPA registered anti-microbial products for use on porous system surfaces - such as fiberglass surfaces.When sanitizing air ducts you want to make sure the air duct cleaning company uses safe; effective EPA approved products that are safe for people, pets, and the environment. An atomizer fogs the sanitizing product throughout the entire ventilation system.Allergic people, infants and elderly are especially sensitive to the microbes that cause respiratory problems like bacteria, mildew, fungi algae and dust mites which require a highly-effective sanitizer to eliminate odor-causing microorganisms as well contaminants associated with allergies, mildew and bacterial growth. Make sure the sanitizer is rated by the EPA as a category IV product with the lowest toxicity rating. Sanitizing air ducts means toxicity and safety safeguards that establish and ensure there are no harmful dermal (skin), ocular (eyes), inhalation (breathing) or ingestion (swallowing) effects from the products.There are two popular types of vacuum collection systems...those mounted on trucks and trailers versus portable units. Truck/trailer mounted equipment is generally more powerful than portable equipment. By contrast, portable equipment often can be brought directly into a facility, locating the vacuum closer to the ductwork. Both types of equipment clean to air duct industry standards. Vacuum units should be attached to a collection device for safe containment prior to disposal. A vacuum collection device which exhausts indoors must be HEPA (high efficiency particulate arrestance) filtered.The US EPA says that "duct cleaning services" typically range in cost from $450 to $1000 per heating and cooling system, depending on the services offered, the size of the system to be cleaned, system accessibility, climatic region, level of contamination" and type of duct material.Consumers should also beware of "blow-and-go" air duct cleaning companies that charge low fees and do a poor job of cleaning the heating and cooling system. These companies also try to persuade consumers into unneeded services or provide service without the consumer's permission.*Make sure the company is a member in good standing of the National Air Duct Cleaners Association (NADCA).*Get proof that the company is properly licensed and adequately insured.*Make sure that the company is going to clean and visually inspect all of the air ducts and related system components.*Avoid advertisements for "$99 whole house specials" and other sales gimmicks.Find out as much as you can about the air duct cleaning company before you hire the company.*Ask the company to display proof of NADCA membership and certification?*Ask the contractor to provide you with the means to conduct a visual inspection at any time during the cleaning? (Mirror and flashlight, camera or other remote visual systems.)*Ask the contractor if it will be cleaning the complete system, including coils and fans?*Ask the contractor to give you a guaranteed price before the inspection.Remember, we are breathing millions of germ-carrying dust and mold particles from air ducts that cause allergies, asthma--even terminal illnesses. In all homes, the air ducts gather dust, dirt, human skin flakes and pet dander, becoming holding cells for allergens, mold spores, germs and other contaminants. The problem begins even before you move into a newly-built home, with the buildup of drywall dust, sawdust and other debris in ducts that provide a perfect environment for the growth of germs and allergens. This problem worsened in the 1970's, as new construction techniques made buildings more tightly sealed, which restricts the flow of fresh air. Every day, families breathe air that is continually circulated through contaminated ductwork by your HVAC system.The best way to determine if the air duct cleaning was effective is to ask for a visual inspection of the system before and after cleaning. If any dust or debris can be seen during the visual inspection, you didn't get what you paid for. A certified, professional air duct cleaning contractor should be able to give you access to inspect system components; using specialized inspection tools when necessary. Avoid incredible low $79 whole house prices and coupons. They are likely not to have the proper equipment, training or even the intention of providing real results. Improper air duct cleaning can cause health problems for your family. If the price is too good to be true; it probably is.Get your air ducts cleaned properly and enjoy these benefits:HealthAccording to the EPA, indoor air is found to be up to 70 times more polluted than outdoor air. Air duct cleaning removes airborne contaminates such as bacteria, fungus, mold spores, pet dander & pollen which may help to alleviate allergy & asthma symptoms.Extended Equipment Life9 out of 10 system failures are caused by dirt and dust according to the Louisiana Cooperative Extension Service. One of the functions of the fan, located inside of your air handler, is to keep the heat exchanger cool. Accumulated dirt and debris can reduce the CFM (cubic feet of air per minute) as much as 50%! This is the most common cause of cracks in heat exchangers. Having your HVAC system cleaned may prevent pre-mature breakdown & aging of your heating and cooling system.Reduce DustingAir duct cleaning helps to reduce household dust by removing the dust where it travels most - through your air duct system.Energy SavingsAccording to the EPA, a buildup of only .042 inches of dirt on a heating coil can result in a decrease of efficiency of 21%. A clean air conveyance system may help to increase efficiency and therefore may help to reduce heating and cooling costs.

Tips on Tracking Your Blood Pressure

Do you know what your blood pressure is? If not, you should! High blood pressure, also known as hypertension, is the number one risk factor for death and debilitation from a stroke. Longstanding hypertension can also damage the heart muscle, causing a condition known as congestive heart failure, in which the heart's ability to squeeze and pump blood throughout the body is impaired. When this occurs, fluid can back up into the lungs, legs and throughout the body, leading to shortness of breath, weakness and potential renal failure. High blood pressure can also contribute to the development of coronary artery disease, causing the arteries that supply blood to the heart muscle to become clogged. Coronary artery disease, in the form of a "heart attack" is a leading cause of death in the United States.

Systolic blood pressure, the top number of the blood pressure reading, indicates the amount of force exerted explosively against the blood vessel walls each time the heart contracts and pumps out blood. Diastolic blood pressure, the bottom number of the reading, indicates the amount of pressure constantly present in the arteries when the heart is at rest and is filling with blood in preparation for the next contraction. The old standard for the upper end of a "normal" blood pressure reading was 140/90. That number has recently been revised, and at this time medical experts recommend the "normal" blood pressure should be kept at or below 120/70.

Because of these potentially serious health risks associated with hypertension, it's a good idea for everyone to be aware of what their own blood pressure reading normally is. Hypertension doesn't announce its presence with a fever, stomach pain or bleeding, which is why it is often referred to as the "silent killer". Even seemingly healthy people can have high blood pressure, and not know it. Certainly individuals who do have identifiable risk factors for hypertension - like smoking, obesity, poor diet, excess sodium consumption, growing older (oops ... that's all of us!) should be aware that they are at risk for experiencing the consequences of chronic hypertension. The only way to find out for sure, however, is to have it checked. Unfortunately, many people only have their blood pressure taken when they are sitting in the doctor's office in a skimpy gown, anxiously waiting for the exam room door to open. Of course, under these conditions, whose blood pressure wouldn't be a little high? There is actually a term for this - it's called "white coat syndrome", because the anxiety experienced under these circumstances nearly always causes the blood pressure readings to be higher than they would in normal, more relaxed situations. The "white coat" blood pressure measurements may be inadequate to accurately assess what a person's typical blood pressure reading is.

Usually, blood pressure readings are lowest in the morning when a person is first getting out of bed. It is quite typical for there to be many variations in blood pressure throughout the day related to anxiety, stress, activity, eating, sleep and relaxation. More accurate than the occasional reading taken in the doctor's office, then, would be a regular measurement taken under similar circumstances, at the same time of day, in a relaxed environment.

Good news! Relaxed and more reliable blood pressure readings are now possible. There are quite a number of inexpensive blood pressure measuring devices available that are pretty easy to use at home.

Type #1: A digital monitor:
Because the digital monitor is automatic, it is the most popular blood-pressure measuring device. The blood pressure measurement is easy to read, because the numbers are shown on a screen. Some electronic monitors even have a paper printout that gives you a record of the blood pressure reading.

The digital monitor is easier to use than the usual cuff and stethoscope system. It has a gauge and stethoscope in one unit, and the numbers are easy to read. It also has an error indicator, and deflation is automatic. Inflation of the cuff is either automatic or manual, depending on the model. This blood pressure monitoring device is good for hearing-impaired patients, since there is no need to listen to heart sounds through the stethoscope.

A disadvantage of the digital monitor is that the accuracy can be affected by body movements or an irregular heart rate. In addition, the monitor requires batteries. Some models are designed for use with the left arm only. This may make them hard for some patients to use. Finally, some digital monitors are expensive. They range in price from about $30 to over $100.

Type #2: A finger / wrist blood pressure monitor?
Tests have shown that finger/wrist devices may not measure blood pressure as precisely as those devices that measure on the arm. The key to utilizing the results from these devices is to be very careful to follow the exact instructions for arm placement and positioning. Also, using the same device, with the same arm and body positioning, and measuring at the same time of the day will give consistent readings to use for comparison on a day to day basis. Many of these home models are priced less than $50.00.

Important features to look for in a blood pressure monitor
Make sure to get the proper cuff size. Blood pressure readings will be incorrect if your cuff is the wrong size, so ask your doctor, nurse or pharmacist to tell you the cuff size you need, based on the size of your arm. The numbers on the monitor must be easy for you to read. If you are using a stethoscope, you must be able to hear heart sounds through it.

Cost may be an important factor. Since home blood pressure units vary in price, you may have to shop around. The most expensive units might not be the best or the most accurate. Once you buy your monitor, take it to your doctor's office to be checked for accuracy. Be aware that proper care and storage are also necessary. Make sure the tubing is not twisted when the monitor is stored, and keep it away from heat. Periodically check the tubing for cracks and leaks. Ask your doctor or nurse to teach you how to use your blood pressure monitor correctly.

Taking daily measurements and keeping a record to present to the doctor at each visit will enable him/her to better evaluate your "normal" blood pressure and to determine appropriate treatment measures. The American Heart Association has developed a blood pressure tracker that I highly recommend. I urge each of you to log on, sign up and begin to utilize this tool. At your next visit, bring these results for your doctor to review. This will insure that your next doctor visit will be a less anxious "white coat" situation, and more to the point of meeting your health needs.

You may wonder why I have gone into such detail about hypertension. Both of my parents have high blood pressure. My own blood pressure tends to run on the high side. My wonderful sister, Susan had high blood pressure, and was on daily medication at the age of 37. She died at age 38, in part, because an aneurism in her brain that had probably been there for many years ruptured. That rupture, and her ultimate death may very well have been prevented if she had not been extremely overweight and if her blood pressure had not been so high.

It's one of my missions in life to help others become more healthy and to live a better life. Hypertension is one very big problem for a lot of people. The first step is to raise awareness and to develop an understanding of what the problem is. Now ...go to the American Heart Association blood pressure tracker, log on and begin to monitor your own blood pressure readings.

Vacuum Cleaners: Should You Go Bagless Or Not?

The two most claimed advantages to bagless vacuum cleaners were lesser working expenses and enhanced performance.  As far as the cost issues go,all vacuums must filter the exhausting air they use to carry the dirt into the compilation vicinity, as they would otherwise just pick the dirt up from the floor and emit it right back out.
Whether you have a bagless HEPA pass through  filter, a pre-filter, or disposable bags, they all ought to be changed at some stage.  With the typical life of a vacuum cleaner, you can count on spending the same on either collection system for filters, but if you cherish your time, you can expect to spend reasonably more on a bagless system.
To continue your bagless vacuum cleaner working at top levels, you'll have to pour out the dirt pot when it is filled and run frequent maintenance on the filter.  The type of filter the vacuum uses will determine just how much service will be required,although most use a pleated HEPA filter.
Cleaning:
Even though the claim of better airflow performance with bagless vacuums is true in a sense, over the life of the vacuum you'll get the same, or maybe even better performance from a bagged vacuum cleaner system.  
With bagged vacuum cleaners, the performance will start at 100% with every fresh bag then little by little fall as the bag beginss to pile up.  Exactly how rapidly the performance drops depends on how sound the bag is constructed.  With the standard vacuum and the average bag, you may change the bag every 3 - 4 weeks with 90% of performance the initial week, 70% in weeks 2 and 3, then 50% of less in the fourth week.
The concise cycle will insure that you get a 100% peak clean-up every 3 or 4 weeks from the vacuum cleaner.  The filtered cyclonic machines have filters that are intended to last 6 months, 12 months, and even up to 18 months before they need to be replaced.
Pets:  
If you have dogs or cats, whether you notice it or not, nearly all household animals shed their fur on a frequent basis all the way through their lives.  Pet owners frequently question as well, which vacuum is the best to strip off pet fur.
For pretty much the same reasons that hair sticks  to the flooring, it will also stick to your bagless vacuum's pleated filter magazine.  The fur will drive down the performance of airflow, and is also a pain in the neck to clean off the filter.  
Over time, the fiber that makes up the filter can keep odor from pets, even if you clean the filter well.  If your filter requires replacing only once a year, you could end up with a vacuum that spits odors that will stink up your home pretty bad.  
Bagged up:
Those vacuums that employ bags will often provide for orderly disposal of a full bag.  There are some brands such as BOSCH that actually engineer bag disposal into the system.  With BOSCH canister vacuums, the replacement of bags is a single dust free step.  The recent mega filt bags have a built in closure system that upon removal, will slide shut and catch the dirt and waste within the bag, making disposal instant and effortless.
Yet, there are countless people out there who prefer bagless vacuum cleaners.  Bagless vacuums will resume at a leisurely pace to obtain market share, and consumers will continue to get them.  For many people, a bagless vacuum can be the right choice.  
Bags are the technology of yesteryear, while bagless is the technology of the future.  There are various reasons as to why you ought to go bagless.  For the vacuums of the future, cylinder and bagless is the key.

Self Storage Advertising

We are bombarded with an incalculable number of advertisements on any given day. Think about it; just on your drive to work you'll hear radio commercials for car dealerships, local events, restaurants, furniture stores, shopping centers, radio sponsors and more. You'll see billboards, bumper stickers, company vehicles, semi-trucks and moving trucks that all display company logos and phrases. And don't forget about the billboards. So, it may seem that advertising for your self storage facility is like casting your net in a huge ocean and hoping to come back up with something.

On the contrary, a well organized marketing plan will lead you to the exact point at which to cast your net. Marketing centers around the research you should conduct within your industry. You should determine your demographic, or target customer. Then you should consider the economy in which your business is located. After thorough marketing, where to place your advertisements will come more naturally.

Advertising is the end result of a good marketing plan. Still, self storage advertising seems to be an illusive science. Many self storage operators can't quite get the right concoction of phone book ads, billboards, flyers, etc. In addition, they wonder which of their advertisements works the best and which ones aren't doing so well for them.

Because advertising budgets usually don't allow you to plaster your business name on every street corner, every search engine, every mailbox, and each radio commercial, a self storage owner has to know where he gets the biggest bang for his buck.

A simple way to find out how your customers heard about you is to ask them. Train your facility managers to ask customers, "How did you hear about us?"

You should keep in mind that it isn't useful to have your managers asking that questions unless you provide them a way to track each response. Give your facility managers a spreadsheet or tracking system so that all the data gathered can be evaluated and reports can later be generated in order to determine what ads bring the largest ROI. Something as simple as a piece of paper with a column for Yellow Pages, Internet, Billboard, Radio, etc so that the manager can tick a mark for the appropriate column will offer effective tracking.

The self storage owner should collect the sheet monthly and stay on top of his marketing and advertising campaign. He can analyze the data to determine what media to which he should allocate more of his budget.

You should also caution your facility managers not to turn a simple question into an interrogation. Some self storage facilities have their managers go so far ask to ask which page number of the phone book it was that they saw the ad. While collecting the data is valuable, it is not intended to supersede the goal of talking with a customer- to gain a new tenant. Asking such pinpointed questions as the page number of the phone book, or time of day when they heard the radio ad could distract the conversation. The focus of talking to customers should be about meeting their needs, not your own marketing needs.

If you desire such in depth research, you should hire an expert in the field. Self storage managers wear many hats; however, research and development should not be one of them.

Whether you hire a professional or use your own expertise to determine your customer demographic, knowing who your customers are is key to an effective advertisement.

Research will allow you to know where your customers come from. Self storage customers typically result from several universal, common life circumstances that lead to the need for storage. Some of these events are due to a move or remodeling a home, military service, campus or apartment living, and/or divorce, to name a few.

If you find that a good portion of your customers are due to relocating or moving to a new home then your advertising dollars should go towards areas that this kind of customer would frequent. For example, advertising near home improvement stores will attract customers that are moving or remodeling a home. Advertising in the newspaper near the Classified ads where a home seller or buyer will look is a great way to draw attention to your services. Online advertising with realtor websites and other relocation services will also impress customers to rent with you.

There couldn't be a more noble reason to need self storage than serving your country. Advertising near military bases will pay off when our country's men and women are transferred, relocated or deployed. Many self storage operators advertise a military discount, which is an excellent way to thank the men and women in the service.

Students drive the busy season of self storage as they move from campus to apartments and back home with Mom and Dad. It would be a mistake not to advertise in every opportunity campus life presents. The possibilities for advertising to students goes as far as your imagination will take you. From flyers to brightly painted cars to raffles and more, advertising for near campus will bring an exponential return on your investment because students need self storage at least twice per year.

Apartment living often presents opportunities for tenants to store. Tenants never have enough closet space, so self storage becomes a necessity as families grow. Consider your demographic and aim your advertisements to the average age of the apartment community. For example, apartment communities housing a majority of college students require advertising for discounted rates or short term storage for the summer, while apartment communities for young families may do better by highlighting the convenient location and security. Senior living communities should point out the security and care heirloom items will receive while in storage.

Families grieving the loss of a loved one can become overwhelmed by the daunting task of shuffling through inherited items. In many cases, families inherit more furniture than their current homes allow. Or perhaps they want to store their old furniture to make room for the antiques they recently acquired. Advertising aimed at individuals going through such a painful circumstance should be approached with the utmost respect and dignity.

Self storage advertising attracts a wide demographic of customers with methods such as television advertising, radio announcements, direct mail, door hangers, fliers, phone book ads and billboards.

Television is an effective way to target a variety of customers while standing out among your competitors. National broadcasting would be overkill for storage facilities grouped in localized areas. Local broadcasting is less expensive and reaches your target group. A television broadcast should last from 30 to 60 seconds. Effective TV budgets for storage advertising ranges from $5,000 to $10,000 per month. There will also be some production cost which can be great or small, depending on the choices you make for the broadcast. This is an excellent tool for bringing in 50 to 100 new customers per month. A self storage owner should know the value of each of his customers and therefore can easily justify a budget for TV advertising. A self storage business could also consider sponsoring local events or newscasts to receive additional advertising.

Radio advertising for a self storage business is purchased similar to TV advertising. However, radio broadcasts are less expensive than television. Production is usually free. To be effective, radio advertising should be broadcasted during morning and evening drive times. When self storage businesses combine TV and radio advertising, they both become more effective. A self storage facility or company could also sponsor radio traffic reports and weather reports in exchange for advertisement.

Direct mail can produce excellent results, if purchased correctly. It should be purchased in bulk and works best with high saturation. You can count on about .1 percent response on your mailing. The cost should be approximately 3 cents per piece.

Professionally designed door hangers have proven to be a successful means of self storage advertising. Having a professional design the hanger will ensure the best results. You should also use quality material that will withstand outside elements. A laminated 3-by-9 inch, full color hanger with a perforated card at the bottom is the best way to make a good impression on customers. Door hangers cost around 20 cents each and can be purchased in variables of quantities.

Fliers are a great advertising option for self storage owners. Colored fliers can be distributed to realtors, competition, attorneys, insurance companies, auto dealerships, etc and have shown successful results.

Phone book ads are the most common and effective tools used for self storage advertising. Over eighty percent of all customers use the Yellow Pages to contact your storage business. This means that your competitor will have his ad somewhere close to yours. The phone book isn't a new idea and everyone knows they need some sort of advertisement here.

Ethics of Legal Profession

Synopsis:

Ethics of Legal Profession

Introduction

The profession of law is honourable, and its members are expected to act in an honest and upright manner, and any deviation from these elementary principles is liable to e dealt with severely.

An advocate practising law is under a triple obligation­­­­­­:

An obligation to his clients to be faithful to them till the last, an obligation to the profession not to besmirch its name by anything done by him, and an obligation to the court to be and to remain a dependable part of the machinery through which justice is administered. It is beyond the scope of treatise on legal ethics to describe the aims and uses of examinations of witnesses or to state the rules as to how evidence shall be recorded. In examining witnesses the advocate should not forget that he is not merely the counsel of client but also an officer of the Court to further the ends of justice. Similarly, the advocate should maintain towards his opponent utmost cordiality. Clients and not counsels are litigants. The ill-feelings between clients should not be allowed to influence the conduct of their counsel. Says Daniel Webster: “lawyers on opposite sides of a case are like the two parts of shears, they cut what comes between them, but not each other”

In the same way, Law being a fraternity, the profession is entitled to loyal support of its members in the maintenance of this tradition. There are certain duties of advocates towards his profession also; like, professional courtesy, co-operation, equal consideration to all members of the profession, encourage junior brethren, should stand up for its dignity and privileges whenever there is occasion for it, he should expose corrupt or dishonest conduct in the profession. Similarly advocates should also owe certain duties towards his colleagues which is analysed in subsequent pages.

In the words of Chief Justice Marshall has observed;

“the fundamental aim of Legal Ethics is to maintain the honour and dignity of the Law Profession, to secure a spirit of friendly co-operation between the Bench and the Bar in the promotion of highest standards of justice, to establish honourable and fair dealings of the counsel with his client opponent and witnesses ; to establish a spirit of brotherhood in the Bar itself ; and to secure that lawyers discharge their responsibilities to the community generally.”

Legal profession is not a business but a profession. It has been created by the state for the public good. Consequently, the essence of the profession lies in the three things-

The codification of the canons of the professional ethics may give impression that the code is exhaustive while in reality it cannot be exhaustive. It has been rightly stated by P.Ramanatha Aiyer and N.S. Ranganatha Aiyer that it is not possible to formulate a code of legal ethics which will provide the lawyer with a specific rule to be followed in all the varied relations of his professional life.

Therefore, my project extensively deal with certain accepted canons of legal ethics which should be followed by lawyers in their ordinary discourse.

Meaning , nature  and  need  of  Professional  Ethics:

Professional ethics may be defined as a code of conduct written or unwritten for regulating the behaviour of a practising lawyer towards himself, his client, his adversary in law and towards the court. Thus, ethics of legal profession means the body of rules and practise which determine the professional conduct of the members of a bar. When a person becomes an advocate his relation with men in general is governed by the general rules of law but his conduct as advocate is governed by the special rules of professional ethics of the Bar. The main object of the ethics of the legal profession is to maintain the dignity of the legal profession and the friendly relation between the Bench and the Bar.

The American Bar Association Committee has well explained the need of the code of legal ethics. It is observed that the legal profession is necessarily the keystone of the arch of Government. If it is weakened by allowing it to be increasing for subject to the corroding and demoralising influence of those who are controlled by craft, greed or gain or other unworthy motive, sooner or later the arch must fall. The future of the country, thus, depends upon the maintenance of the shrine of the justice pure and unrolled by the advocates and it cannot be so maintained, unless the conduct and motives of the members of the legal profession are what they object to be. It, therefore, becomes the plain and simple duty of the lawyers to use their influence in every legitimate way to help and make the Bar what is ought to be. A code of ethics is one method of furtherance of this end. The committee has further observed that members of Bar, like Judges, are officers of the court and like judges they should hold office only during good behaviour and it should be defined and measured by such ethical standards, however high, as necessary to keep the administration of justice, pure and unsullied. Such standard may be crystallized into a written code of professional ethics and lawyer failing to conform thereto, should not be permitted to practise or retaining membership in particular organisation.

Stating the need for the code of conduct of lawyers Justice Sundaram Aiyer has said:-

Rules are necessary even for the best self interest is a misleading factor when you have to decide on the spur of the moment what is to be done in the circumstances. The fact that these are definite rules and that much discretion is given to the individual would itself be an additional source of temptation. Never adopt the standard of business profession. But after all whatever light we may seek to get from rules of conduct which has been prescribed in England or other countries, a great deal will have to be left to individual conscience. Nothing but a determination to err always on the safe side in cases of doubts will enable you to do your duty consciously. In this country it must be confessed that very often petitioners are guilty of questionable conduct owing to ignorance. They do not really know what is proper to be done in any particular case and as there are no rules to guide there, no settled tradition to serve as an aspiration, each one is a law unto himself. He has further observed that it is not desirable that the lawyer guidance should be altogether under the judicial control. It would be impossible for judges to control the bar satisfactorily. To strict a discipline on the part of courts is likely to unfair the independence and self-reliance on the members of the Bar. It is all the more necessary, therefore, that there should be disciplinary bodies and that the profession should itself try and frame rules for its guidance.

Sir Sivaswamy has rightly observed that it is of course true that men are not necessarily made moral by courses of lectures on ethics but it must be remembered that lapses from the traditional standard are often due to ignorance and that the diffusion of knowledge of rules applicable to the professions must contribute to the maintenance of a high standard of integrity. The observation of the canons of legal profession will, no doubt, raise the profession in the publication estimation.

Even prior to the Advocates Act of 1961, the provision for punishment for misconduct is found. Section 10 of the Indian Bar Councils Act, 1926 contained provision for the punishment of misconduct. Besides this, Legal Practitioners Act, 1879also contained provisions for punishment of advocates for misconduct. Like section 13, which says:

“Suspension and dismissal of pleaders and mukhtars guilty of unprofessional conduct”

Section 14 . “Procedure when charge of unprofessional conduct is brought in subordinate court or revenue office”

Section 15.  “Power to call for record in case of acquittal under section 14”

Professional Ethics

Section 49(1)(c) of The Advocates Act of 1961,empowers the Bar council of India to make rules so as to prescribe the standards of professional conduct and etiquette to be observed by the advocates. It has been made clear that such rules shall have effect only when they are approved by the Chief Justice of India. It has also been made clear that any rules made in relation to the standard of professional conduct and etiquette to be observed by the advocates and in force before the commencement of the Advocates (Amendment) Act, 1973, shall continue in force, until altered or repealed or amended in accordance with the provision of the Act.[1]

Rules of conduct

The Bar Council of India has framed standard of conduct and etiquette of the Bar. They are called rules, and have been made is exercise of its rule making power under secs. 49(1)(c) of 1961. These are statutory rules, binding and enforceable. These rules have been printed in full in the Appendix 2 and may be seen, and read there.

The following rules, however, sum up the standard of conduct of the Bar and  are in no way inconsistent with the Rules of conduct referred to above. In so far as they are covered by the Rules of the Bar Council, they are statutory; the rest are traditional, and have their sanction is hoary past.

4. A solicitor must deal honestly and carefully, and in accordance with instructions, with money or other property held on behalf of his client. He must keep proper books and a separate account for the moneys of his client.

5.  A solicitor must not allow his business to be conducted by unqualified persons.

6. An Advocate is bound, except in special cases, to accept any bribe offered to him, provided it is to appear in court in which he profess to practise and a suitable fee is offered.

7. When the client can pay, a lawyer should not charge less than the fees allowable on taxation. But where the client is poor, there is no objection of charging a low fee or no fee at all.

8. A lawyer must not vary his fees according to the success or failure of the cause. However, in a case of poor client with a bonafide case, a solicitor may proceed on the basis that his costs will be met in the event of success, out of what is recovered. In the case of barristers this relaxation of the rule is not recognised.

9. A lawyer must not solicit business, (except to a strictly limited extent in the case of solicitors) advertise himself either directly or indirectly.

10. A lawyer must devote himself entirely to his client’s interest. He must disclose any personal interest inconsistent with the client’s interest, and he cannot represent two or more clients whose interest conflict.

11. A lawyer must not, except with the clients consent, at any time disclose confidential information or use it otherwise than on behalf of the client.

12. A lawyer must make every legitimate effort to win his client’s case, and must not exercise a private judgment as to the soundness of any reasonable arguments or the propriety of any client or defence allowed by the law.

13. A lawyer should not allow a client to entertain false hopes of success in litigation, and where success is doubtful, should make the position clear to him.

14. In the conduct of a case it is lawyer’s duty to do for his client all that the client may legitimately do for himself. More, particularly, in criminal cases, he may defend a prisoner whom he knows to be guilty provided he does not make a false case or attempt to place the guilt on another person.

15. A lawyer must not express to the Tribunal his personal opinion in the matter arising in the case.

16. A lawyer owes a duty to the opponent not to use unfair methods against him. More especially, he must not deliberately convey to the jury information not admissible in evidence, nor makes needless attacks on the reputation of the opponent or his witnesses, or otherwise harass them unduly.

17. A lawyer may make concessions to the convenience of the opponent and his legal advisors, and he is not bound to take advantage of errors that can be cured, where the only ultimate result is delay or increased costs to the opponent. But he may not overlook, without the clients consent, an error that is fatal to the opponent or even one that will assist his own client’s case.

18. In contentious business a barrister may not accept instructions from any person but a solicitor.

19. As a general rule, witness should not be interviewed in one another’s presence.

20. A barrister fees should be marked on the brief, either by the solicitor or by himself before the commencement of the hearing. It is improper to alter the fees marked on the brief after the case is finished.

21. A solicitor is bound to pay a barrister’s fees whether or not he has received his money from the client.

22. An advocate should not agree to refund part of his fees in case they are not allowed on full on taxation, nor should he give a receipt for fees not actually paid nor accept a post dates cheque.[2]

Advocate and Court: Duty towards Court

1. Advocate is an officer of justice and friend of the Court:

The cardinal principle which determines the privileges and responsibilities of advocate in relation to the court is that he is an officer to justice and friend of the court. This is the primary position. A conduct therefore which is unworthy of him as an officer of justice cannot be justified by stating that he did it as the agent of his client. His status as an officer of justice does not mean he is subordinate to the judge. It only means that he is an integral part of the machinery for the administration of justice.[3]

It is difficult to lay down any hard and fast rule as to what expressions a lawyer can use, with impunity, while addressing a court and what should ordinarily be tolerated by the court. Where an advocate receive an application or petition for correction or for removing objections, it is the duty of the advocate to return it and he has no authority to retain it. It is misconduct on his part if he retains it as held in;

Punjab National Bank v. FM Gold Head Ltd.  AIR 1993 HP 79

It is true that lawyer should always conduct himself properly in court of law, and exert his best at all times to maintain dignity of the court, but court has also a reciprocal duty to perform and should not only be discourteous to the lawyer but should also try to maintain his respect in the eyes of his clients and the general public with whom he has to deal in professional capacity.[4]

By accepting the brief of his client, the advocate does not cease to be an officer of justice. If that were so, the high and honourable office of counsel would be degraded to that of mercenary. It is the function of advocate not merely to speak for the client, whom he represents but also to act officer of justice and friend of the court. As friend or amicus curiae he has a privilege to offer suggestion to the court, with its consent, as aids to justice in a controversy that he does not appear for either side.

A famous case on the point is the trial of Algernon Sidney, for high treason in 1683. By the law of England, as it then stood, a man accused of high Treason could not have the aid of counsel. There was a technical defect in the indictment. A barrister rose, as an amicus curiae, and brought it to the attention of the court. Chief Justice Jeffreys remarked at this, “We thank you for your friendship”. The Court itself sometime appoints an advocate as amicus curiae if there is a question of law to be considered and his court thinks it advisable that someone should help it in arriving at a just decision.

2.  Co-operation between the bench and the Bar is a necessity:

The first duty which advocates and judges owe to each other is of co-operation. Co-operation between the bench and the Bar is not a mere conventional statement. It is a fundamental necessity. Without it, there can be no orderly administration of justice. Says Sir Cecil Walsh in his book called

The Advocate:

“Nothing is more calculated to promote the smooth and satisfactorily administration of justice than complete confidence and sympathy between Bench and the Bar”.[5]

An intelligent knowledge of their respective positions should make both advocates and judges realise that though their functions may be different, their aims are identical. Both are equipments of the same machinery designs for administration of justice. Both are equally necessary in a free country.

3. What the counsel owes to the court:

i. The first duty which the counsel owes to the court is to maintain its honour and dignity—this is the cardinal principle determining the advocate relation in court. One of Hoffman’s Resolutions for Guidance of lawyers was this :

“To all judges when in court I will ever be respectful; they are the Law’s Vicegerents, and whatever may be their character and department, the individual should be lost in the majesty of the office”.

“Should judges, while on the Bench, forget that as an officer of this Court, I have rights and treat me even with disrespect, I shall value myself too highly to deal with them in like manner. A firm and temperate remonstrate is all that I will ever allow myself”.

“To the various officers of the court, I will studiously respectful, and specially regardful of their rights and privileges.”

The advocate owes courtesy and respect to the court for the following reasons:

a)     Because he is the like judge himself, an officer of the court and an integral part of the judicial machine. The legal position consists of the Bar as well as Bench, and both have common aims and ideals.

b)    In theory, it is the King or Sovereign who presides in the court of justice, and judge is merely the mouthpiece and representative of the Sovereign. Respect shown to the court is, therefore, respect shown to the sovereign whose representative the judge is.

c)     Because not only litigants and witnesses but the general public will get their inspiration in this respect from the examples of advocates. It is necessary for the administration of justice that judges should have esteem of the people.

d)    Because it is good manners, and advocates before anything else are “gentleman of the Bar.”

e)     Even from the purely practical standpoint, there is nothing to be gained but there is much too loose by antagonising the Court. Conflict with the judge renders the trial disagreeable to all and generally an injurious effect on the interests of clients.

f)      Because the usual practise in modern times is to appoint judges from among the members of the Bars, and even where this rule is not strictly observed the bench is fairly representative of the Bar.

g)     Because it is necessary for dignified and honourable administration of justice that the court should be regarded with respect by the suitors and people.

(I) The advocate should not display temper in court. He will not indulge in any kind of insinuation in the court against the judge. He should convince the judge by argument and reason and not by appeal to his sentiments. While the case is going on, the advocate cannot leave the court without the court’s permission, and without putting another man in charge. While in court any expression of approbation and disapprobation of an order of the judge, e.g., that it is unjust or that it should be accepted with gratitude is against the etiquette of the profession. An advocate may, for the personal reasons, refuse to practise in a particular court or before any particular judge but if he joins the movement of boycott of courts it is disrespect to the courts. Such a conduct on the part of officer of court is reprehensible.[6] It is his duty to co-operate with the court in the administration of justice. The advocate should not criticize judicial conduct while the case is pending. After, however, the case is decided, a fair comment will be justified. The Advocate should submit to the ruling of the judge whether he considers it right or wrong. He must not lose temper at an unfavourable ruling. In the words of Lord Bacon:

“Into the handling of the cause anew after a judge has declared his sentence.”

It is disrespectful to read newspaper in court, or to engage in private conversation in court, or not to wear proper dress, or to laugh at the argument of the opposite party.

Respect for dignity of the court has behind it not merely moral support but also the sanction of law. The court is empowered to punish conduct which undermines its authority or impairs its dignity. Such conduct amounts to “contempt of Court”.

(ii) The advocate must not do anything which lowers public confidence in the administration of justice:

For instance, he must not make unfounded allegations of corruption and partially against the judicial officers. He must not allege in a transfer application scandalous charges against the judge which cannot be proved. Lord Heward L.C.J. said:

“It is important that justice should be done, it is hardly less important that it should manifestly appear to be done.”

(iii) It is the duty of the bar to support judges in their independence because in the integrity of judges lies the greatest safeguard of a nation’s law and liberties. Judicial independence is the only protection against tyranny and whims of the executive.

(iv) The advocate must not do anything which is calculated to obstruct, divert or corrupt the stream of justice, for instance, he must not advise disobedience to the courts order and decrees.

(v).  Another duty which the advocate owes to the court is that of fidelity, he must be honest in his representation of the case. He must not deceive the court. Sir John E. Singleton says;

“The whole foundation and structure of the administration of justice in this country depends on the confidence of the bench and the bar...it is the duty of the counsel to draw the attention of the court to any case which is contrary to his contention if he knows of that case. And it is scarcely necessary to point out that the duty of the counsel in this regard is in complete accord in the interest of his client and with his own interest.”

(vi). The counsel is under an obligation to present everything to the judge openly and in the court, and nothing privately. He must not attempt to influence private influence upon the judge: seek opportunities for the purpose; or take opportunities of social gatherings to make ex parte statements or to endeavour to impress his views upon him.

(vii). The advocate must not place himself in a position which he cannot effectively discharge his obligations to the Court as minister of justice. He should not have any personal interest in the litigation he is conducting. It will be misconduct on his part to stipulate with his client to share in the results of litigation.

In, Manjeri S.K. Ayyar V. Secy. Urban Bank Ltd, Calicut; 56 mad 1970:AIR 1933 Mad 682

Merely because a legal practitioner is a member of a corporate society is not sufficient to prevent him from accepting instructions from the society of which he is a member. But it is improper for a legal practitioner who is a director to appear for remuneration for the society in its legal business.

(viii) Relations of advocates and judges outside the court:

Advocates and judges are members of same fraternity. They are both officers of state engaged and united in the common ideal of promoting legal justice. Judges are generally selected from lawyer’s rank and, have therefore the same lineage.

(ix) Lawyers are not subordinate officers of the Court:

In, Mahant Hakumat Rai V. Emperor; AIR 1943 lah 14: ILR 1943 Lah 791

To call such a responsible person a subordinate officer of the Court and thus degrade him to the level of the other ministerial officers working in the court is an entirely erroneous conception of the position he acquires.

(x). Advocate’s Duties toward court:

It is difficult to lay down any hard and fast rule as to what expression a lawyer can use with impunity while addressing the court and what should ordinarily be tolerated by it. As remarked in Oswald on Contempt Of Court, Ed. 3 at page 54:

“An over subservient Bar would be one of the greatest misfortunes that could happen to the administration of justice”.

(xi). General Duties of Advocates: Absence of appearance in murder cases

In the matter of F.K. Byrne, Bar at Law, Lahore. AIR 1928 Lah 448

It has been authoritatively laid that where a counsel at having received his fees from his client for arguing a murder appeal, hands over the case to another counsel at the eleventh hour giving only the small portion of his fees, on the ground that he was engaged elsewhere, is guilty of grave impropriety in the discharge of his duties.

Adjournments:

A pleader who asks for adjournments on different occasions to move the High Court for the transfer of a case and takes no steps at all, on these occasions in either himself or by means of his clients to move the High Court and it appears that the adjournments were asked for merely to delay the course of justice with deliberate intention renders himself liable to be punished for grossly improper conduct in the discharge of his professional duty.

Advice from Court:

It is not proper on the part of the counsel to take advice from the court as to the kind or amount of evidence which is required to be adduced in support of his client’s case.[7]

Drunkenness:

It is highly objectionable on the part of advocate to attend the court in such a drunken state as to enable to conduct the case properly and keep the decorum of the court.[8] In the above cited case a pleader for an accused appear in the court of a magistrate in a drunken state and was unable to conduct the case of his client, as he ought to have done.

Attempt to influence judge:

Where a pleader tried to influence judge before whom he was arguing the case, through a relation of the latter, it was held that the pleaders act was highly reprehensible and it was in the interest of the legal profession that serious notice should be taken of such an act.[9]

Conduct in bail matters:

A legal practitioner standing surety to a man arrested under section 420 of the IPC, and convicted under that section and keeping in possession on behalf of the accused properties held later on to have been involved in the offence is not guilty of professional misconduct.[10] But advocate who receives money in furtherance of a contract of indemnity of bail is guilty of grave misconduct and only suitable punishment for retention by him of the money on pretence that it was his fees is the removal of his name from the roll as held in;

Lambaji Motiji V. Kewal Gopaldas, 3 IC 897: 19 CrLJ 412

Bribery:

Corruption cannot be eradicated unless the public refuse to pay bribe. Of all the public, lawyer is a privileged position and he should be the first to oppose payment of bribe. Instead of that if a lawyer collects money from his clients for the purpose of having to pay them as a bribe to get his client’s work done, it is highly unprofessional.[11]

Apart from these some other ethical conduct requires on the part of advocates are:

1. Sources of relations between counsel and client:

In India, the counsel’s relations with his client are primarily a matter of contract. The relation is in the nature of agent and principal. The agreement determines to what extent the counsel can bind his clients by his acts and statements; what shall be its remuneration, whether he will have a lien on his client’s property, etc. It is evident, however, that as counsel is also conform to the ethical code prescribed for him by law and usage, he cannot be a mere agent or mouthpiece of his clients to carry out his biddings.

(i). The relationship is personal and fiduciary:

It is a relation of trust and confidence. It is confidential requiring a high degree of fidelity and good faith. In V.C. Rangadurai V. D. Gopalan, AIR 1979 SC 281;

Justice Sen has observed that the relation between the advocate and his client is purely personal involving a highest personal trust and confidence.[12]

a)     It is a relationship of trust and confidence. All transactions between the advocate and his client will be watched by the Court with jealousy and suspicion. Even though the transaction is not illegal, the court will scrutinize it most closely and requires strict proof that no undue advantage has taken by the counsel of the confidence reposed in him by the client. He should avoid business with his client not only in regard to Matters in suit but also in relation to other matters. He should, for instance, neither lend nor borrow.

b)    The advocate must keep clear and accurate account of all moneys received from and on behalf of his clients. Money collected by the counsel on behalf of the client should be promptly paid over to him. it was held in G. Naranswamy V. Challapalli, 4 IC 398: advocates has no lien on clients money.

c)     The counsel should return papers and documents to the client the moment the case has terminated. No paper should be retained without the client’s consent. But it was held in Raja Muthukishna V. Nurse, 44 M 978; the counsel has no doubt a lien on the papers for money due to him. For an advocate to retain the judgment of the Trial Court with the intention of getting himself engage in appeal amounts to professional misconduct.

d)    Counsel also cannot delegate his duties without the client’s consent. The following rules in this connection occurs in the canons of The American Bar Association:

“it is not permissible or in accordance with professional etiquette for a counsel to hand over his brief to another counsel to represent him in court and conduct the cases as if the latter counsel has himself been briefed, unless the client consent to this course being taken.”

e)  The counsel while accepting the retainer should disclose to his client    any matter which might affect the relation or the client’s direction in choosing him as his counsel. He should inform him of any interest in which he may have in a matter concerning which he is employed; any adverse retainer; or anything which may, in any degree interfere with his exclusive devotion to the cause confided to him.

f) After engagement the counsel must not revise agreement regarding his remuneration, or, while the business in which he had been employed is unfinished, except present and gifts from the clients.

g) It is the duty of the advocate not to use information which has been confided to him as advocate to the detriment of the client, and this duty continues even after the relation of advocate and client has ceased.

h) It is the duty of advocate not to appear for two clients whose interest are in conflict.

i) It is the right of the client to discharge any time his advocate whom he no longer trusts or on whose skill and ability he no longer relies.

J) The advocate must not divulge his client’s secrets or confidences as these communications are privileged and protected under section 126 of the Indian Evidence Act.

2.  Advocate’s duty  to his clients:

A special responsibility rests on the members of the Bar to see that the parties do not misled the courts by false and reckless statements on material matters. As was observed in[13]that an advocate stands as a loco parentis towards litigants. A member of a Bar undoubtedly owes a duty to his clients and must place before a court all that can be fairly and reasonably be submitted on behalf of his clients. Advocate is not a mere a mouthpiece of client but he is an officer of the court[14]. It is the duty of the court to help bringing down arrears and to prevent the abuse of the process of the abuse of the court. Their duty to client should persuade them to advise their clients not to go in futile litigation.[15]

It is expected that an advocate for a party would conduct a case with all its sense of responsibility which he is expected to have in discharge of his duty to his client. It is the duty of every advocate who accepts the brief in a criminal case to attend the trial from day to day. He would be committing the breach of his professional duty if he fails to attend.[16]

A client is entitled to be protected from an advocate who is likely to betray them; the profession cannot afford to have a member who fails in keeping to the required standard of conduct. It is the duty of an advocate who has accepted the vakalatnama and filed it in the court to go to court on the day fixed for the hearing of the case even if he has not received his fees unless the client terminates the contract. Moreover, the payment of commission to procure client is unprofessional.

3. What the counsel owes to his client:

(a) The first obligation which the advocate owes to his client is to prepare his brief with care, skill and thoroughness:

In India, not only presents his client’s case in court, but also prepares it. For this purpose he should make a thorough grasp of facts of the case. In order to get acquaintance with facts, he should thoroughly listen to the client’s story. It is the duty of advocate to examine him to get all relevant and material facts. A thorough cross examination of witnesses is necessary, to enable the counsel to get at all real facts and to chalk out his line of defence. If after investigation, the counsel thinks that his client’s case is weak and untenable, he should tell him so. One of the special dangers which threaten the professional ideals in the present life is the tendency to assimilate the practise of law to the conduct of business and commercial standards. Once the advocate has accepted the brief, the etiquette requires that he should be grudge no time or toil, however great, needful to the thorough mystery of his case in its facts and legal rules irrespective of the amount of fees paid to him.

It has been held by the High Courts of India that a pleader is guilty of misconduct if after receipt of full fees he neglects to appear and conduct the case.[17]

(b) Secondly, in giving advice to his client for or against litigation, he should give his candid opinion. On this point Sharswood says in his Legal Ethics:

“It is nothing but selfishness that can operate upon a lawyer when consulted, to conceal from the party his candid opinion of the merits, and the probable results. It is fair that he should know it; for he may not choose to employ a man whose views may operate to check his resorting to all lawful means to effect success. Besides, most men when they consult attorney, wish a candid opinion; it is what they ask and pay for.”[18]

Counsel also owes duty of continuous service to his clients. When the counsel after he has begun the case leaves the court to attend another case, it amounts to professional misconduct.[19]

Advocate’s fee- fixation of fees

In an ancient book called Mirror des justices, written by Andrew Horne, laid down that a lawyer in fixing his fees should take four things into consideration:

a)     The value of the cause

b)    The pains of the serjeant

c)     The worth of pleader on point of skill

d)    The usage of the court.

By the present day usages of the Bar, the following elements usually enter into consideration in fixing the amount of fee:

a)     The qualifications and standing of advocates who is asked to render professional service. It is evident that service rendered by the person of superior education and rich experience is likely to be more valuable and of better quality than the advice given by a person who is less qualified.

b)    The difficulty in the problem involve in the case. The more intricate the case the greater will be the degree of skill and amount of labour required.

c)     The amount of time required to render professional service.

d)    The amount involved in the suit.

e)     The result expected to be accomplished as a consequence of the lawyer’s exertion.

f)      The customary charges of the Bar for such services.

Contingent fee and right of lien:

The fee depending upon the success of the suit or proceeding is regarded as against the public policy. The agreement for Contingent fee is hit by section 23 of the Indian Contract Act. Rule 9 framed by the Bar council of India expressly provide that an advocate should not act or plead in any matter in which he is himself be pecuniary interested. The agreement for the contingent fee is looked upon with disfavour, and later as inconsistent with the high ideals of the Bar.[20]

In the case of R.D. Saxena V. Balram Prasad Sharma; AIR 2000 SC 2912;

The Supreme Court has held that an advocate cannot claim a lien over a litigation file entrusted to him for his fees. The court has held that no professional can be given the right to withhold the returnable records relating to the work done by him with his clients matter on the strength of any claim for unpaid remuneration. The alternative is the professional concerned can resort to other legal remedies for such unpaid remuneration.

The same ruling is given by Apex Court in the matter of,

New India Insurance Company Ltd  V. A.K. Saxena; AIR 2004 SC 311.[21]

Is it permissible for an advocate to sue for his fees?

In India, law allows it. However, according to general practise of the profession, it is dignified that the counsel should sue for his fee. The rule exists to maintain prestige of the profession and the public confidence in the Bar. His fee should therefore, be both fixed and paid beforehand.

Some other important duties which an advocate owes to his clients are:

Advocate and Witnesses:

General:

1 .Counsel’s obligation in respect of witnesses:

In examining witnesses advocate should not forget that he is not merely the counsel of client but also an officer of the court to further the ends of justice. He must not disregard the feeling of witnesses, or embarrass or bully them. He should not be sarcastic. He should not assume that all witnesses are liars to be treated alike. Advocate should not recognise these limitations and the result is that witnesses in this country have seldom a good word to put in for box.

2. The advocate must not misuse the privilege of cross examination:

This privilege like any other privileges, should only be used for the purpose intended, and should not be abused from sinister motives. A party may impeach the credit of a witness called by him only if he turns hostile and that too with the leave of the court.

a)     Aimless heckling of witness is not honourable.

b)    The advocate has no right to disgrace and bully a witness by putting offensive questions.

c)     The privilege of cross examination should not be misused by an examination which is unnecessarily too long.

d)    There is general complaint that the privilege of cross examination as to credit is frequently abused.

3. He must not tutor his witnesses:

A witness is required by law to testify facts which are within his knowledge and which he considers as true. So jealous is the law about purity of testimony that it does not permit even a leading question to be put to witness. This is not so because the answer cannot be true, but because the answer to a leading question is not regarded as free act of witness, but as regarded as suggestion to the counsel. This does not mean that the counsel should not confer with his witnesses in advance. In fact there is certain amount of the guidance to witness and dealing with them in relation to their testimony which are permissible to advocate by his Code of Professional Ethics.

4. The advocate must not tamper with witnesses:

Bribing a witness for the purpose of influencing his testimony is unprofessional. So long as witness is called to tell the truth and not to bolster up a falsehood and so long as payment is not made to corrupt him, the fact that he is paid or promised more than the statutory fee cannot be described as bribery.

5. Counsel as witness:

A dual capacity of witness and advocate is not approved by professional ethics. If it becomes necessary for the counsel to appear as witness in the case, he should withdraw from the case. Counsel is an advocate to the client but cannot be a witness, for or against the client in the case which he is conducting.

A counsel for a party should not also be his witness in the case without retiring from the case as counsel. It is a sound principle that a person who is appearing as counsel should not give evidence as witness. It is against the etiquette of the Bar that the member of the profession should give evidence in the case in which he is engaged as counsel and no self respecting counsel would be prepared to conduct a case for the defence after having been called as a witness for the prosecution.[29]

6. Abuse of privilege:

A gross abuse of the right of cross examination by legal practitioner is grossly improper conduct in the discharge of his duties.[30]

7. Perjury and false statement:

It is hardly necessary to say that it is not part of the etiquette of the members of the profession to tell lies in court or give perjured evidence on behalf of their client,[31] members of the legal profession are expected to maintain not only a high standard of professional morality and ethics but they are also expected as men of education and culture and as members of an Honourable profession to act in an honest and straight forward and upright manner.

Coutts Trotter, J. Said in his judgment:

“Perjury is an offence the gravity of which I do not seek to minimize, especially when committed by the member of the Bar who knows it full import. At the same time he has many degrees of gravity, and I think there is much to be said in extenuation of the offence committed by Mr .A”

8. Harassing tactics by counsel:

It is important to protect the courts from the harassing tactics on the part of the counsel. Where a counsel resorts to attempting to provoke the magistrate trying the case into same unguarded expression and then applies to transfer, the method adopted is neither in the interest of his client nor in the interest of justice.[32]

9. Citing advocate for accused as witness:

There is nothing necessarily unprofessional in counsel giving evidence in a case in which he appears as such. In Emperor V. Dadu Ram; AIR 1939 Bom150:

It has been observed in that case:

“On the one hand the accused person is entitled to select the advocate whom he desires to appear for him, and certainly the prosecution cannot fetter that choice merely by serving a subpoena on the advocate to appear as a witness. On the other hand, the court is bound to see that the due administration of justice is not in a way embarrassed. Generally, if an advocate is called as a witness by the other side, it can safely be left to the good sense of the advocate to determine whether he can continue to appear as an advocate, or by whether so doing he will embarrass the court or the client. If the court comes to the conclusion that a trial will be embarrassed by the appearance of the advocate who has been called as a witness by other side, and if not withstanding the court’s expression of his opinion, the advocate refuses to withdraw, in my opinion, in such a case court has inherent jurisdiction to require the advocate to withdraw.”

Advocate and his Opponent:

The advocate should maintain towards his opponent utmost cordiality. Clients and not the counsel are litigants. Says Daniel Webster:

“Lawyers on opposite sides of cases are like the two parts of shears, they cut what between them, but not each other.”[33]

He should always treat his opponent with fairness and due consideration. For instance, in drafting pleadings, he should act with care, prudence and good faith. He should not indulge in abuse and reckless charges of fraud, dishonesty and criminality. In Kedar Nath V. King Emperor[34]; and Thangavelu V. Chengalvaroya[35]:

“The satisfaction required is not that the allegation is true, or even that it is prima facie true, but only that there are grounds for making it.”

Just as it is the right of the advocate not to be interrupted by the court ,so it his duty not to interrupt his opponent. Interruption of the opponent is improper for several reasons:

Moreover, a lawyer should not in any way communicate upon the subject of controversy with a party represented by counsel; much less should he undertake to negotiate and compromise the matter with him, but should deal only with his counsel. It is incumbent on the lawyer most particularly to avoid anything that may tend to mislead a party not represented by counsel.[36]

Advocates and colleagues: Duty toward colleagues

Rule 36, 37, 38, and 39 framed by the Bar council of India deal with the duties of an advocate to the colleagues. Rule 36 provides that an advocate shall not solicit work of advertise (either directly or indirectly) whether by circulars, advertisements, touts, personal communications interview not unwarranted by personal relations, furnishing or inspiring newspaper, comments or producing his photograph to be published in connection with case in which he has been engaged or concerned. The sign-board or name plate should be of reasonable size. The sign-board or stationary should not indicate that he is the President or member of the Bar council or of any Association.

The advertising is prohibited because it may lead to unhealthy competition among the advocates. Advertisement can be allowed only for proper guidance so that it may not lead to unhealthy competition and may not result in lowering dignity of the legal profession.

Rule 37 provides that an advocate shall not permit his name to be used in aid of or to make possible the unauthorised practise of law by any agency.

Rule 38 makes it clear that an advocate shall not accept a fee less than the fee taxable under the rules when the client is able to pay the same.

According to rule 39 an advocate shall not enter appearance in any case in which there is already a vakalatnama or memo of appearance filed by an advocate engaged for a party except with his consent; in the case such consent is not produced he shall apply to the court stating the reasons why the consent should not be produced and he shall appear only after obtaining the permission of the court. The object of this rule is to secure goodwill among the advocates.[37]It prevents the temptation of seducing client from counsel who have already been engaged. Besides, it is one of the professional obligations, of an advocate to dissuade client from charging his counsel unless he has a strong reason for it and to satisfy himself that the reason is proper and adequate. The ill feeling of client should not affect their cordial relations.

All lawyers are brothers at the bar. An advocate should be courteous to the other advocates.

Miscellaneous Duties:

2)    Rule 42 deals with the consequences of the non payment of the said amount by the advocate. It provides that an advocate fails to pay the aforesaid sum within the prescribed time as provided under rule 40, the Secretary of the State Bar council shall issue to him a notice to show cause within a month why his right to practise be not suspended. In case the advocate pays the amount together with late fee of rupee five month, the proceeding shall be dropped. If the advocate does not pay the amount or fails to show sufficient cause, a committee of three members constituted by State Bar Council in this behalf pay pass an order of suspension.

3)    Rule 43 provides that an advocate who has been convicted of an offence under section 24-A of the Advocates Act, or has been declared insolvent or has taken full time service or part time service etc, shall send a declaration to that effect within 90 days from the date of such disqualification. If he fails to do so, then his right to practise may be suspended.

4)    Rule 44 provides that an appeal shall lie to the Bar Council of India at the instance of an aggrieved advocate within a period of 30 days from the date of order passed under rule 42 and 43.

5)    Rule 45 framed by the Bar Council of India makes it clear that it is improper for an advocate to demand or accept fees or any premium from any person as a consideration for imparting training in law under the rules prescribed by the State Bar Council to enable such person to qualify for enrolment under the Advocates Act, 1961.

6)    Rule 46 provides that every advocate shall in the practise of the profession of law bear in mind that any one genuinely in need of a lawyer is entitled to legal assistance even though he cannot pay it fully or adequately within the limits of an advocate’s economic conditions, free legal assistance to the indigent or oppressed is one of the highest obligations, as an advocate owes to the society.

7)    Rule 47 provides that an advocate shall not personally engage in any in business but he may be a sleeping partner in a firm doing business provided that in the opinion of the appropriate State Bar Council the nature of the business is not inconsistent with the dignity of the profession.

8)    Rule 48 makes it clear that an advocate may be a director or chairman of the Board of Directors with or without any ordinary sitting fee, provided none of his duties are of an executive character.

9)    Rule 49 provides that an advocate shall not be the full time salaried employee of any person, government, firm, corporation etc, so long as he continues to practise.

10)                       Rule 50 provides that an advocate who has been succeeded by survivorship, to a family business may continue it, but not personally participated in the management thereof.

11)                       Rule 51 provides that an advocate may review parliamentary Bills for remuneration, edit legal text book at a salary, do press-vetting for newspapers, coach pupils for legal examination, set and examine question paper etc both legal and non-legal.[38]

Advocate and Profession:

Advocates in their professional capacity address each other as brothers. This spirit of fraternity at Bar is one of the noblest traditions of the legal profession and is many centuries old. Shakespeare said, “Do as adversaries do in law. Strive mightily but eat and drink as friend.”

Lawyers stand for common ideals of order, justice and rule of law in the community and have common rules of etiquette and professional observances. Some basic etiquette which every advocate should follow with regard to its profession are :

Conclusion:

To conclude our whole discussion on the ethics of legal profession or the duties of an advocate, one can fairly summarize that basically the duties which an advocate has to follow is of moral character, what he owes to his clients or opponent or colleagues or towards court is not only determined by the rules framed by the Bar council of India in this behalf but all the more, it also depends on one etiquette manners. In what way and in what manner an advocate has to conduct himself is determined by his loyalty towards his profession. The profession of law is honourable and its members are expected to act in an honest and upright manner. And any deviation from these elementary principles is liable to be dealt with severely. An advocate practising a law is under many fold obligations like certain obligation towards court, client, witnesses, opponent, colleagues and general duties as a member legal profession. When advocate do not follow any of such obligation imposed on him by law, then he can be guilty of professional misconduct. Misconduct can be defined as dereliction of or dereliction from duty. An advocate is answerable for dereliction of duty. In order to avoid misconduct every legal practitioner should understand his duties. When lawyer is guilty of any professional misconduct, then only any action can be taken.  The fundamental aim of legal ethics is to maintain the honour and dignity of the law profession, to secure a spirit of friendly co-operation, to establish honourable and fair dealings of the counsel with his client, opponent and witnesses, to establish the spirit of brotherhood in the Bar itself; and to secure that lawyers discharge their responsibilities to the community generally. Legal profession is necessarily the keystone of the arch of government. Legal profession is not a business but a profession. It has been created by the state for the public good. Consequently, the essence of profession lies in two things:

Bibliography:

1)    The Advocates Act of 1961

Universal, Bare Acts with short notes

2009; Law Publishing Co. Pvt. Ltd

2)     C L Anand

Professional Ethics of The Bar

The Law Book Co. Pvt. Ltd.

2nd Ed. 1987

3)    D.V. Subbarao

The Advocates Act, 1961

Lexis Nexis, Buttersworth

7th Ed. 2005

4)    Dr. Kailash Rai

Legal Ethics: Accountability for Lawyers and Bench-Bar Relations

Central law publications

8th Ed. 2008

5)    Nirmalendu Dutt- Majumdar

Advocates Act and professional Ethics

Eastern Law House

2nd Ed. 1975