Bar Bench Relation

Bar Bench Relation
Seema Dhami
Bar and Bench Meaning
• In the process of delivering justice, the legal system consists of judges and
lawyers who help the courts fulfil their responsibilities. The “Bar” refers to the
lawyers and the “Bench” refers to the judges. These two parts work together and
without them, the courts cannot effectively provide justice.
• Bar – Lawyers become registered advocates after completing their Bachelor
degree from a university and undergoing specific training supervised by another
advocate, as per the rules. Collectively, these lawyers are known as the ‘Bar,’ and
an advocate represents the Bar. In most cases, the term “Bar” refers to a group of
licensed attorneys who practice in the courts of a state or a specific court.
• Bench – The term “bench” refers to all the judges collectively, in contrast to the
term “Bar,” which encompasses all legal professionals. It also refers to the
official part of the court when judges are in the bench. Originally, the term ‘Bar’
referred to the section of the court related to attorneys, but now it refers to the
part of the court dealing with judicial officers, known as the Bench.
What is Bar Bench Relations?
• Bar Bench relations refer to the dynamic interaction and cooperation
between lawyers (the Bar) and judges (the Bench) within the legal
system. This relationship is fundamental to the administration of
justice. Lawyers represent their clients’ interests in court, while judges
make impartial decisions based on the law. Maintaining a respectful
and collaborative partnership between the Bar and the Bench is crucial
for the effective functioning of the legal system.
• It ensures that cases are heard fairly, legal principles are upheld and
justice is served. Communication, professionalism and mutual respect
are key elements in fostering a strong Bar Bench relationship, which
ultimately benefits the legal profession and the individuals seeking
justice.
Difference Between Bar and Bench
• The difference between Bar and Bench in the legal context is
fundamental to the administration of justice.
• While the Bar influences case presentation and argues on behalf of

clients, the Bench holds the ultimate authority to determine case
outcomes and uphold the rule of law.
• These differences emphasise their complementary roles within the

legal system, with the Bar advocating for parties and the Bench
overseeing the delivery of justice.
Cont...
Aspect Bar Bench
The collective term for Refers to the group of

Definition lawyers judges
Advocates who represent Judges who preside over
Role
clients cases
Present cases, argue and Hear cases, make legal

Function
defend decisions
Advocate for clients’

Advocacy Impartial decision-making
interests
Legal education and bar Legal education and

Qualifications
admission appointment
Cont...
Independence Represent clients’ interests Impartially apply the law
Active in litigation and Passive, observing
Engagement in Advocacy
trials arguments
Governed by legal ethics Governed by Code of
Professional Conduct
and Code of Conduct judicial conduct
Influence case
Influence on Outcomes Determine case outcomes
presentation
Appear in court as Preside over court
Court Appearance
representatives proceedings
Administer legal
Legal Practice Engage in legal practice
proceedings
Cont...
Advocates for parties’ Remains neutral and
Relation to Parties
interests unbiased
Limited to persuasion and Holds the authority to
Decision-Making Power
argument make decisions
No decision-making
Legal Authority Decision-making authority
power
Bar Bench Relations in Professional Ethics
• In a democratic system, the independent judiciary stands as a pillar of
stability and the legal profession (the Bar) is an integral part of
maintaining this stability. The Bench, which includes judges, reflects the
image, character and conduct of these judicial officers. It is often seen
as a guiding influence and a mirror that reflects the behavior of judges.
• Those practicing law are an essential component of the justice delivery

system and the harmony between the Bar and the Bench is vital for
achieving the goals outlined in our Constitution. They are two sides of
the same coin and the administration of justice cannot thrive without
unity between them. The integrity of the institution relies on this
cooperation.
Cont...
• Any attempt by an advocate to discredit the court undermines the very
foundations of justice and tarnishes the entire justice system.
Advocates are expected to show consistent respect for the court,
regardless of the court’s status. They must refrain from displaying
personal bias against judges as they are entrusted with the
responsibility of upholding the judiciary’s professionalism and respect.
• Conversely, it is the duty of the judiciary not only to be respectful

toward members of the Bar but also to uphold the high standards of the
legal profession.
Role of Bar Bench in the Administration of Justice
• The bar bench relation plays a crucial role in the administration of justice.
Judges hold a level of authority unmatched by any other office in the state, as
their decisions profoundly affect the lives, liberty, happiness, property and
public perception of ordinary citizens. The wisdom of judges is the cornerstone
of a just and orderly society and their judgments hold individuals accountable. If
judicial power becomes corrupted, life, liberty and personal happiness are
jeopardised.
• A robust and unbiased judiciary is of utmost importance for any state. Judges
have a vital role in maintaining civil order and they must fulfil their
responsibilities diligently.
• However, the administration of justice isn’t confined to the courtroom; it also greatly
impacts the Bar, which consists of attorneys. To ensure a harmonious relationship
between Bar and Bench, mutual respect and understanding are essential. Lawyers and
judges complement each other’s roles. Judges are often selected from the legal
profession, making them part of the same community as lawyers. This shared
connection underscores the need for a respectful and cooperative bench bar relation.
Role of the Bar in Strengthening the Bar Bench Relations
Advocates are considered officers of the court and their primary duty is to
assist the court in the fair administration of justice. They do so by gathering
relevant resources and presenting them in court to help the court make
informed decisions. Advocates work in partnership with the judiciary to ensure
the proper dispensation of justice. Their role is significant in the administration
of justice and to maintain a harmonious bar bench relation, advocates should
follow these guidelines:
• Respect for Judges: Advocates should show respect and reverence for judges,
refraining from any form of disparagement or criticism of the judiciary.
• Assist Judges: During court hearings, advocates should assist judges by
accurately and clearly conveying the relevant legal principles. They should
conduct themselves in a manner that pleases the judges and aids in the
smooth conduct of proceedings.
Cont...
• Handling Judicial Errors: If advocates believe there is an error in a judge’s decision,
they should not criticise the judge openly. Instead, they should follow proper legal
procedures, such as filing an appeal, to address and rectify any perceived mistakes.
• Avoid Manipulation: Advocates should not exert undue pressure or attempt to control
judges to obtain favourable orders. They must refrain from using illegal or
inappropriate means to influence court decisions.
• Addressing Disrespect: If a judge’s conduct is perceived as disrespectful or annoying
to advocates, they should avoid engaging in confrontational discussions in the
courtroom. Instead, any issues should be addressed privately, such as in the judge’s
chambers and the Bar Association can make a formal request for respectful behaviour.
• Prevent Unfair Practices: Advocates have a responsibility to guide and discourage
their clients from engaging in unfair or unethical practices in court proceedings.
• By adhering to these principles, advocates contribute to the preservation and
strengthening of the relation between Bar and Bench, ultimately enhancing the
administration of justice.
Role of the Bench in Strengthening the Bar Bench Relations
• A judge, as a public official responsible for hearing and deciding legal cases, holds
significant authority within the legal system. To foster a strong and respectful bar
bench relationship, judges are encouraged to follow these principles:
• Mutual Respect: Just as advocates show respect to judges, judges should also
respect advocates. Maintaining mutual respect is crucial for a healthy working
relationship between bar and bench.
• Open-Mindedness: Judges should approach each case with an open mind, free from
bias or prejudice. Their actions should serve the interests of justice and they should
provide advocates ample time to present their cases.
• Impartiality: Judges must act impartially, refraining from favouring any party
involved in the dispute. Their decisions should be solely based on the merits of the
case and the applicable law.
• Minimal Intervention: Judges should avoid unnecessary interference with lawyers’
interactions with witnesses and their arguments. Excessive intrusion or
disparagement can harm a lawyer’s professional reputation and hinder effective case
presentation.
Cont...
• Clarity in Legal Interpretation: When interpreting complex legal rules, documents
or statutes, judges should provide clear explanations to ensure justice for all
parties involved.
• Adjournments: Judges should grant adjournments sparingly and only when
reasonable and appropriate grounds exist. Excessive delays can contribute to
backlogs in the court system and financial hardships for parties involved.
• Timely Disposition: Cases should be resolved promptly and older cases should not
take precedence over newer ones. The principle of “justice deferred is justice
denied” should be upheld.
• Respectful Conduct: Judges should refrain from making unwarranted public
remarks about a lawyer’s competence in open court. They should not ask lawyers
to leave the trial or bar them from future appearances without compelling reasons.
• Legal Knowledge: Judges should possess a deep understanding of the law, apply it
to the evidence presented and reach well-reasoned conclusions.
Cont...
• Judicial Independence: Upholding and preserving judicial independence is a

foremost duty of judges, ensuring impartial decision-making.
• Moral Responsibility and Honesty: Judges should be held to the highest
standards of moral responsibility and honesty, commanding respect in both their
personal and intellectual capacities.
• Continuous Learning: Judges should engage in regular and comprehensive
research to stay current with legal developments, statutes and changes in the law.
• Communication: Regular briefings and meetings between judges and advocates
should be scheduled to facilitate discussion and resolution of issues,
strengthening the relationship between Bar and Bench.
• By following these principles, judges contribute to a productive and respectful
relationship with advocates and ensure the fair administration of justice in the
legal system.
Therefore
• The Bar Bench relationship lies at the heart of a robust and effective legal
system. This complex interaction between advocates and judges is not merely a
professional collaboration but a cornerstone of justice itself. Mutual respect,
open communication and support to professional standards are the pillars on
which this bench and bar relationship must stand.
• The Bar, with its dedication to representing clients zealously, complements the
Bench’s responsibility to administer justice impartially. The synergy between
these two entities ensures that the rule of law prevails and individual rights are
protected.
• As the legal landscape evolves, nurturing a healthy Bar Bench relationship
remains paramount. It is through this collaboration that we uphold the principles
of justice, fairness and the rule of law. In fostering this partnership, we not only
strengthen the legal profession but also reaffirm our commitment to a just and
equitable society.

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Bar Bench Relation

• While the Bar influences case presentation and argues on behalf of

• These differences emphasise their complementary roles within the

The collective term for Refers to the group of

Present cases, argue and Hear cases, make legal

Advocate for clients’

Legal education and bar Legal education and

• Those practicing law are an essential component of the justice delivery

• Conversely, it is the duty of the judiciary not only to be respectful

• Judicial Independence: Upholding and preserving judicial independence is a

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