QUE 3: SEVEN LAMPS OF ADVOCACY

SYNOPSIS

1. INTRODUCTION
2. SEVEN LAMPS OF ADVOCACY
a. HONESTY
b. COURAGE
c. INDUSTRY
d. WIT
e. ELOQUENCE
f. JUDGMENT
g. FELLOWSHIP
3. TACT ( EXTRA )
4. CONCLUSION
1. INTRODUCTION
 The seven lamps of advocacy are the main factor in driving advocates’
professional ethics in a correct and right way.
 It was Judge Edward Abbott Parry who brought the theory into existence
in his book “the seven lamps of advocacy”. He gave the seven lamps of
advocacy.
 There are seven lamps of advocacy: The lamp of honesty, the lamp of
courage, lamp of industry, the lamp of wit, the lamp of eloquence, the
lamp of judgment, and the lamp of fellowship.
(HCIWEJF- HIGH COURT IS WITH EVERY JUDICIAL
FELLOW. Easy way to remember 7 lamps) (do not write this in
exam)
 The qualities given under the seven lamps of advocacy are the best and
essential qualities of an advocate which must be followed by an advocate
to succeed in his legal profession while practising in the court anywhere.
 After that, the 8th lamps of advocacy were added by justice V
Krishnaswamy Aiyar in his legal book of “professional conduct and
advocacy”.
 He named 8th lamp of advocacy TACT. 

2. SEVEN LAMPS OF ADVOCACY

A. Honesty
 The statement that has always been used to lambast legal
professionals, in general, is “lawyers are liars.” 
 Nevertheless, one cannot overlook the reality that what layman
concludes to be a lie maybe not be a lie in a genuine sense.
 Honesty in a profession is the official policy that should be used by
every person while interacting with another person. 
  Honesty should reflect in the thoughts, words and behaviour of an
advocate.
 It is honesty that increases the personal and professional reputation of
the person in a society.
 The reputation of an advocate is the thing that includes his fame and
trust with his clients and bar. 
 An advocate is expected to be honest while dealing with the case and
making arguments and producing oral and documentary evidence in
the court of law.  
 The judge decides the case on the basis of the submission and
arguments done by an advocate on the behalf of his client.
 If wrong fact represented by an advocate can punish an innocent
person.
An advocate should be:
 Honest with his client-
 He must tell his client about the position of the case every time. 
 An advocate must tell about the merits of the case
 He must tell about the demerits of the case or any consequences which
can lead to the loss of his client. 
 If an advocate is going to lose the case in court, he should talk about this. 
 Honest with opposition-
 An advocate should be honest even with his opposition party. He should
not give any false facts to take the case in the opposite direction. 
 Deceiving a person in a case should not be the purpose of an advocate. 
 Honest to law-
 The person who is filing the case in the court is here to take justice, not to
check the talent of an advocate.
 Honest with the law means an advocate should give the truthful fact in
front of the judge, not any false statements.
 Telling the truth in front of the judge is the best practice for honesty. 

B. Courage
 Courage is one of the important factors in seven lamps of advocacy. 
 Courage means the ability to stand in front of the court without any fear. 
 An advocate should feel proud and confident while arguing in a case. It
builds the ability of an advocate to convince the judge that his true and
honest facts represent on the behalf of his client. 
 A lawyer faces many problems while dealing with civil litigation or
criminal litigation.
 He should have the courage to stand in that case and remove these
problems fearlessly.
 He should have been ready to fight all the problems and social evils.
 Advocates can use courage as their weapon, but for that, they must have a
deep knowledge of the law. 
 Not all cases are easy for dealing with, an advocate can get the case
related to murder, marital rape, abatement, Child labour etc. 
 He should have the courage to take every kind of case. 

C. Industry
 Ignorance of the law is not an excuse. He must have the knowledge of the
law for which he is dealing in a case.
 We all know that the law is like an ocean; no one can be the master of
law. But an advocate should know about the law used in the case in
which he is dealing for. 
 Advocates should have knowledge, attitude and skill while dealing with
the case.
 To get the knowledge of the law and understand the law he should have
given sufficient time for that. 
 No advocate can win the case without sufficient knowledge of the law.
 He must have given the time for the case so that he could deal perfectly
with that case and increase his chance to win the case.
 Our law is not static, it keeps changing with the need of society every
time to solve the various new problems of the society. 
 An advocate should update himself with these new laws.
 Even if a lawyer was good enough to deal with all the cases in the
previous time, and now he does not stay up to date with new laws, he will
face difficulties while dealing with the case in the present time.
 There is no way other than hard work. Hard work always pays.’

D. Wit
 Wit means clever and humorous expression of ideals liveliness of sprirt.
 Being a professional lawyer in the field of law, a lawyer should have wit
and a sense of humour. It is the humour that keeps us calm and active.
 A person without a sense of humour will fight the case with anger which
isn’t good for providing justice.
 Judges also like the advocates and witnesses which help them to provide
justice in a case. 
 The wit is a necessary lamp to lighten the darkness of advocacy. 
 A wit helps the advocates to stay focused on his work and reduce the
workload so that he can remain relaxed. 
 It automatically removes the mental strain of an advocate so that he can
think beyond the limits of his mind. 
 A well-prepared speech by an advocate in front of the Judge will not
always work.
 An advocate has to answer the questions of a Judge and that question will
check the wit and presence of mind of a lawyer.
 The questions asked by judges check the intelligence and knowledge of
advocates related to the case. 
 It happens many times that an advocate forgets to produce something in
the court or fails to answer some questions in the court.
 At that time, it is the wit of an advocate which helps him to fill that gap. 

E. Eloquence
 The lamp of eloquence is the art of speaking. Every advocate delivers his
argument in front of the judge.
 But eloquence is the way to give the arguments in a way that holds a
long-lasting effect on the judge as well as the clients and listeners in the
courtroom. 
 Eloquence is an oral art that is used by an advocate for fluent and skilful
use of communication which touches the soul of a judge. 
 An advocate who has a good knowledge of advocacy can use the
eloquence language for fluent speaking.
There are some important points related to eloquence as follow: ( WRITE
AS MUCH POINTS AS YOU CAN REMEMBER )
 An advocate should be a skilled speaker
 He should stay confident while giving the speech in front of the judge
 He should be fluent while giving this speech.
 The language used by an advocate should be error-free
 He should have the ability to pause himself at the right moment
 This speech given by an advocate should be effective, not dramatic.
 He should give this speech in a way that leaves an impression on the
judge.
  The language should be used in a way that should help the judge while
writing his judgement. 
 The language should influence people towards the point of discussion.
 Use of the right law phrase and law maxim. 
 An advocate can use the power of eloquence by:
 noticing the faults made by the opposite party
 Presence of mind in the case
 Knowledge and practice
 By setting the relation between arguments and justification
The skill to develop the equivalence in Hindi speech needs more and more
knowledge. 
F. Judgement
 The lamp of judgement means the deep study of the present case and then
make an informed opinion for that case. 
 An advocate should think from two sides of the case because it will help
him to understand the consequences of the case.
 By understanding the case from both sides, the advocates know the merits
and demerits of that case.
 It helps him to anticipate the problems and tackle the same with his other
lamps of advocacy. 
 A good advocate knows what will be the consequences after representing
a witness in court.
 He should be aware of what questions can be asked by the judges and the
opposite party after the witness.
 ALSO he should be ready to counter these arguments and questions from
the opposite party and judges of the case as well. 

G. Fellowship
 Fellowship is one of the most important lamps of advocacy.
 An advocate must carry fellowship with his colleagues.
 When an advocate takes the case and argues, he argues against an
opposite advocate.
 But it does not make them opposite to each other, they are just making
arguments for the sake of justice only.
 After finishing the argument in the court hall, the advocate should respect
his opposite advocate. 
 Even while doing an argument in court, an advocate should respect his
opposite lawyer as well.
  The reason is, it is not the fight between both of them but it is the fight for
justice only. 
 After the judgement of the caught in a case, even if an advocate lost the
case, he should respect the advocate who wins the case.
 If an advocate starts fighting with each and every advocate who is
opposing him in the case, he will make all the advocates his enemy which
is not professional ethics. 
 A case must not bother his friendly relationship with other advocates.
 An advocate should while referring to the opposite advocate use the term
as a learned friend or learned counsel. 
 Advocates should also use the lamp of fellowship for judges also.
 It is the arguments of an advocate which leads his case. The advocate
should respect the judge even if he gave the opposite decision.
An advocate should refer to a judge as:
 Learned Judge or Your Honour
 High court- your lordship or my lord
These are the terms that show respect towards the other advocates and judges. It
builds a friendship with another colleague. 
8th lamp of advocacy
 TACT is the 8th lamp of advocacy. An Indian lawyer and former judge of
Madras High Court “V Krishnaswamy Iyer” has written the TEACT in
his book of PROFESSIONAL CONDUCT AND ADVOCACY as the 8th
lamp of advocacy. 
 Sometimes it happens that the courtroom becomes a mess due to the
heavy and serious arguments by advocates.
 In those circumstances, advocates should know how to tackle the
situation.
  An advocate should know how to:
o control his client in that situation
o Control over the opponent advocate in the case. 
o Persuade the judge 
o An advocate should use a great technique that will be able to
control the messy situation in the courtroom.
Conclusion
To recapitulate, the collective crux of the aforementioned seven lamps of
advocacy elucidates the qualities of a successful advocate and provides that an
advocate has to uphold justice by all fair and honourable means, fearlessly. The
eighth lamp i.e. the Tact discusses the people skill, in toto, and explains why an
advocate should develop his ability to deal with people.