Law On Abstaining From Work Or Strike From Work By Advocates

Shorey Goyal, Manipal University Jaipur

ABSTRACT

Advocacy strikes within the legal profession are a complex phenomenon, influenced by a myriad of legal, ethical, historical, and future-oriented factors. This paper provides a comprehensive examination of advocacy strikes, covering various dimensions from their legal foundation to their implications and future prospects .The legal framework surrounding advocacy strikes is analyzed, incorporating statutes, regulations, and case law that delineate advocates' rights and obligations in the context of striking. Ethical considerations are explored in depth, focusing on the guidelines and standards set forth by professional codes of conduct and their implications for advocates contemplating abstention from work or striking. A historical perspective sheds light on the evolution of advocacy strikes, highlighting key instances and their impact on the legal profession. This historical context informs discussions on advocates' rights to strike, which are evaluated through a thorough analysis of relevant case law and statutory provisions. Grounds for advocacy strikes are examined, encompassing grievances against the judiciary, government policies, and professional issues. The procedural aspects of striking are outlined, elucidating the steps advocates must follow when organizing and conducting a strike, including notification requirements, voting procedures, and legal considerations. Implications and consequences of advocacy strikes are explored, considering their effects on advocates themselves, the administration of justice, and broader societal dynamics. Alternative dispute resolution methods are evaluated as potential alternatives to strikes, offering insights into mechanisms for resolving disputes without resorting to abstention from work. An international comparative analysis provides perspective on advocacy strike laws and practices across different countries, identifying similarities, differences, and best practices. Lastly, future trends in regulating advocacy strikes are discussed, taking into account emerging technologies, evolving societal expectations, and potential regulatory developments. By examining advocacy strikes from multiple angles, this paper aims to provide a comprehensive understanding of this complex phenomenon within the legal profession, offering insights into its legal, ethical, historical, and future dimensions.