In a significant ruling, the Supreme Court has stated that an Advocate-on-Record (AoR) cannot disclaim responsibility for incorrect statements in legal filings by attributing errors to other advocates who may have drafted the documents. This decision emphasizes the pivotal role and responsibilities of AoRs under the Supreme Court Rules.
A bench consisting of Justice Abhay S Oka and Justice Ujjal Bhuyan detailed the obligations of AoRs, underscoring that their duty extends beyond mere submission of documents to the Court. They are required to thoroughly review and verify all details in the case papers, even if these documents are initially prepared by another advocate.
The Justices pointed out that an AoR must ensure the accuracy of facts and the inclusion of all pertinent documents before filing. If there are doubts regarding the details provided, it is the AoR’s responsibility to seek clarification either from the client or the drafting advocate. This diligence is crucial to prevent any suppression or misrepresentation of facts in court proceedings.
Furthermore, the Court clarified that an AoR’s responsibilities do not end with the filing of documents. They must also be prepared to handle the case independently in the absence of the appointed counsel. The Court criticized the practice of AoRs merely lending their names to cases without adequate oversight, noting that such behavior compromises the quality of justice delivered.
In cases of misconduct or behavior unbecoming of an AoR, the Court affirmed that disciplinary action as per Rule 10 of Order IV of the SC Rules is justified. The ruling came in the context of a judgment addressing the conduct of Advocates-on-Record and the criteria for the designation of Senior Advocates, triggered by allegations of false statements and the omission of critical information by a Senior Advocate in several remission petitions.
