Bar Council of India: Professional Ethics
Bar Council of India: Professional Ethics
62
Module II
2.1
of Bar Councilof
ProfessionalEthics Power of professional
Meaning and Standards
India, conduct and etiquette
2.2 Duties
A. Duty to the court
B. Duty to the client
C. Duty to the opponent
D. Duty to the profession
E. Duty to the colleagues
E. Duty to the public, state and society
of Indi
2.1 Professional Ethics Power of Bar Council
Meaning and Standardssofprofessional conduct andletiquette
SYNOPSIS
Introduction
" Bar Council of India
63
Professional and Professional Accounting Systcin
Introduction
Law's nobility as a profession lasts only so long as the
members maintain their commitment to integrity and
service to the community.
Indeed, the monopoly conferred on the legal profession by
parliament is complied with a responsibility towards the
people, especially the poor.
Viewed from hisangle, every delinquent who deceives his
common client, deserves to be frowned upon.
as
The profession of lawyers ordains a high level of ethics
much as in the means us in the ends.
Justice cannot be attained without the strcam bcing pellucid
throughout its course and that isof great public concern, not
merely professionalcare.
h his
d and Importance of professional ethics -
certain duties
Legal ethics is that branch of moral science which lays downsociety, to the
owes to the
for the observance of its members which he
his clients, to himselfetc
Court, to the profession, to his brethren, to
brilliant
on. The profession of law is one of the most
professions.
ing in learning and also a sense of social
It needs depth. of
el and responsibilities. which distinguish
about it " a science
cerity, AsBlack Stone said and wrong which teaches to establish
in the
the criterion of
right redress the other, which
art will prevent punish or the souland
one and faculties of
he
in its theory the noblest virtues ofthe heart, a
eInployees coordinal
its practice the its use and exteni
Cxperts in universal in the
SCience which is individual, get comprehend
wye. dccommodated to each
whole community":
mostindependentone.
professionisthe
The legal
Professional and Professional
2.2
Duties
SYNOPSIS
. Introduction
Duties
Duty to the court
Duty to the client
C Duty to the opponent
Duty to the profession
Duty to the colleagues
society
Duty tothe public, stateand
" Conclusion
Myopinion
70 Profe<sional and P'rofessional
Introduction
\Accounting Sylea
An Advocate shall fearlessly uphold the
client, and he has to follow the principlesinterests of i.
of ethics and
etiquette both in letter and in spirit.
The Bar Council of India rules State Bar
mention certain canons of conduct and Councils ules
guides. etiquette as general
Yes, the specific mention there of
denial of the existence of others shall not be construed as a
not specially mentioned in them. equally imperative though
Section I of the Bar Council of
separating to Advocate's dutyIndia rules explain the rule
to the Court.
contains Rule from 1to 10. Section I
Duties
1)
Co-operation
. It is the
duty of the
Bench to achieve goodAdvocate to
result in co-operative with theof
justice, there must be good the
between Bench and Bar. relations admi
and nistration
Itis a
book fundament al
The Advocatprien"cipasle. Sir Cecil Walsh
co-operation
calculated to promote follows : writes in his
administration of justice the. smooth Nothing is more
than completeand
insympathy between bench and the
of autocratic and
public and [Link] manner, he Bar.
will "If confi
judge
satisfactory
a dence and
lose the. behaves in behaves
If an
and negligence, he will Advocate lose the
2)
Bench.
Personal Boycotting
confid ence
rude,
confidence public and
rough
of
An Advocate
particular should
court
not boycott or
or before a refuse to
It particular judge.
amounts disrespect to the court. practice in a
. Sucha conduct is
reprehensible.
ofessionalandIrofessional. Accounting System 71
4) Temper
Anadvocate should work peacefully.
He should not use vulgar language in court.
He should not be temper.
5) Interruption
. He should not interrupt hisopponent advocate while
cross-examination and arguments.
Ifhe often interrupts, he may also be interrupted by the
opponent advocate.
Itdestroys the dignity of the court.
6) Judges Independence
" It is the judiciary
having bridle to
bureaucracy and corrupted politics,control the rigid
only persons to control the Judges are the
whims ofthe executives. truancy, rigidity, and
Therefore,toit is very neceSsary and
advocates supportjudges
in their duty of the
7) Fidelity
independence.
An Advocatemust have goodo
His position in the
society as aconduct and character.
Advocate
It gives wrong advices
citizenfidelity
shall be determincd by his and also as an
to his
documents, creates forged client to create
or
acts are
Such
against the law.
Advocate shall be punished
documents himselforgery
f, such
criminal lawand alsoshall be removed
8) Proper Advice to Client
fromaccorRoldiLn.g to
" An Advocate
should give proper advice to client
fofessionalI and Professional
IAccounting System
Heshould not
court' s orders advise his clients to
to his clients. and decrccs, disobedience to the
howsocvcr they are against
. It is the first
duty of cvery citizen to
judgement
If an
ofthe courts. respect the
advocate
court order, advises his clients to act against the
it becomes
contempt of court, and also
against the professional cthics and etiqucte.
A
A, DUTIES TOTHE COURT:
An Advocate owes
certain dåties to the court and to
presidingJudge, they are as follows: the
1. Duty to respect:
The first and foremost duty of an
always be respectful to the court. TheAdvocate is 'to be
bold, fcarless and independent in theadvocate must be
same time, he must not be court and at the
the Judge. disrespectful to the court and
2. Duty to attend hea1 ing:
A legal practitioner should attend the hearing of the case
throughout: He should not lean thc court without the
permission ofthe court to do so.
3.
Duty toreceivejudgement:
Ifan advocate cannot be present personally to receive the
Judgement when it is being pronounced, be must atleast
arrange his representation in the court.
4.
Duty to assist the court:
Itisan Advocate'smain duty to assist the court in the right
direction and to assist it to come to a ight finding.
S.
Duty not to exhibit fricndship:
tis very bad ofa lawyer to say to hiscient that the Judge
1S his fricnd and/or familiar with himand he will weigh to
fast fricnd
hisargument, even ifthe Judge happens to be aforrnaities
ofalawycr, he owes the duty not to cxhibit his
74 Pofesional ad Professionsl
Acouning yte
withthe Judges, and he must not take unduc
6.
his personal relationship.
Duty to have good temper: advantageof
A
lawyer should never losehis temper in and
court in restoration of an adverse outside the
ruling or
7.
pronounced by the Judgc.
Duty not to malign ajudge:
decision
Never make a statement which may
malign the great office of aJudge. directly or indirecty
8.
Duty not to mislead the court:
Alawyer should win
the confidence of the
trusted by the Judgefor this court and be
not cite a ruling purpose
which has been an Advocate
should
already repcaled and misguide the over-ruled or a statute
9.
Duty not to interrupt the J court.
Alawyer adge:
should not interrupt the
10. necessary tointerrupt in the interestJudge unless it becomes
Duty not to cross the
It means
ofjustice.
provinceof lawyer:
to lawyer should not arrive at a
particularnotice.
ajudicial fact or law. It is decision in
of the jdgerelation
11.
Duty not to province to take
interupt
during the course the
opponent
12.
Duty not to include a argument. every now and then
ofhis
which he knowsto be false. false pleading and file
13. An advocate shall an
prevent his client use his best efforts to
affidavit
practices or form from restoring to
opposing counsel doing anything in sharprestrain
or and
ought not to do. or parties
relation
which the to the unfair
court;
14. An Advocate
prescribcd shall appear
ddress and in court at
advocate himmsclf
his all
presentable.
appcarance shalltimesalonly in
always be
|and Professional/Accounting System 15
B DUTYTO CUIENT:
1. An advocate is bound to accept any brief in the courts or
Tribunals or before any authority in or before which he
professes to practice at a fee consistent with his standing
at the bar and the nture of thecase.
2. An advocate shall not ordinarily withdraw from
engagements once accepted;without sufficient cause and
to the
unless a reasonable and sufficient notice is givenrefund
client. Upon his withdrawal from case he shall
such part ofthe fec as has not been carned.
3. An Advocate should not accept a brief orappear in a case
be witness.
in which he has reason to believe that he will
4 uphold fearlessly the
It shall be the duty of anAdvocate toand
interest of his client by all fair bonafide mcans
without regard to any unpleasant consequences to
himselfor any other.
It is the duty of an Advocate to welcome his client's
client must not fcel that his
presence in the chamber. The
presence is unwanted.
6
Advocate must give a patient hcaring to the clicnt
The inquiries
and where its necessary he should do nccessary
76 Professional and Professional
Accounting Sysua
7. The Advocate must reply to the client's letter and he maes
not hesitatc to communicate to his client
unfavourable result about his case. even an
8. It it the duty of an advocate that he
two clients at the same time if thereshould not appear for
is a conflict between
their interest.
9. The Advocates duty is to
well as weak points of the agree in the court the strong as
10. The Advocate case.
should adverse sincerely and
the best ofhis ability
through its honestly to
immediate loss for prospective gains.
11. An consequences may be an
trialadvocate
shall so appearing for the
prosecutionin a
to
conviction conduct
of an
the
prosecution that it does criminal
12. An innocent. not lead
otheradvocate
than his
shall not act on the
13. client or his
auth instruction
orized of any person
Anadvocat
result of e shall ornot stipulate for afee
14. An litigation agree to
agent.
advocate shall not cont
agree to receive any buy or traffic in or thereof.
i
share the proceedsngent on the
claim. share or interest in stipulate for or
15. An any
advocat e
cien1 againstshall
his
not adjust fees actionabl e
which liability doesowin persOnal payable to bim by his
employnment as anAdvocate. not arise inliab1lity to the
16. An the course ofclient.
takesadvocate shall ofnotthedo the
The
client. advantages anytdhence
confi ing whereby he abusee ar
rel ationshi p between reposed in'
him by his
inunderst
the ood the following points
in an
advocate and his
advocate's duty to his clients. wise. These pointsclient
should
also be
explains
rofessionalIAccounting Syetem
Personal Relationship
)
, The relationship bctween an advocate and his client is
personal.
A
client prefers an advoçate who is handwriting, reputed.
devotional to his duty ctc.
Aclient must casily visit his advocate, and express his
diliculties nevertheless his busy schedule.
. However. a vexations client may be discarded by his
advocate.
The advocate should ncar his client very carcfully, and
draft the pleadings accordingly.
. Asuccessful plcadings can be formulated only out of a
good personal relationship betwcen advocatc and his
client.
" An advocate must not depcnd purcly upon
his clerks and
juniors to dispose off thecase.
thecase.
It may adversely affects on the results of
to an advocate seeing
. Because, client hands over the case reputation,
his personal skill, knowledge,theexperience,
juniors and clerks.
hardworking etc. but not secing
the assistance of hs
Therefore, an advocate must take
juniors as "walking stick".
ofBar Council of India rules state that an
Further, Rule 19 instructions of any person
advocate shall not act on the agent.
other than his client or his authorised
negligence, inbehaves
India. negligently,
he can be
In England, he
cannot be sued. sued for his
6. An Advocate is not a
. An mouth-piece
Advocate shall have to
of his client
client, and at the same time,safeguard the
he has to
principlcs oflaw, andthe professional ethics: inandtereestswitofh thehis
adher
ctiquet e.
essional
. and ProfcssionalIAccounting System 79
C.
pUTY TO OPPONENT:
1. Always give due respect and importance to oppos:ie
side's advocate.
2. Allcontroversies should be burned underneath the court
and the relation should not be affected outside the court.
4. Interruptions amidst arguments should be avoided as far
as possible.
5. Never deny grade the performance of the opposing
counsel in the presence of the client one should not laugh
at the argument ofthe opposite counsel.
D.
DUTYTO PROFESSION:
1 Alawyer has to keep up the best traditions ofthe bar.
Alawyer has to pcruse the lcgal profession in a spirit of
2. professional
competition, vengeance and rivalry with
brethren.
of comradeship and
Evolve and encourage the spirithealuiy
3. tradition of the
brotherhood inthe interest of the
profession.
should always rendcr help generally to a
4. A lawyer always acknowledge the help
brethren and one should
reccived by him.
of the Bar is the trustee ofthe honour and
5 Every member should always in and
prestige of theprofession and so he
dignity.
outside the court naintain its
DUTYTO COLLEAGUES:
E.
not solicit work oradvertise, either
An advocate
should
whether by circulars, advertisement
directly orindirectly newspapcr
communications, intervicws,
touts, pcrsonal
comments. professional services
his
should not pernit unauthorizedpractice
2. Anadvocatebeingusedinaid ofthe
or hisname lawagency.
of lawby any
82 Professional and Professional I
Accounting Sypten
3. An advocate should not accept a fee less
taxable under the rulcs, when clicnt is than the fe
saine.
able to pay the
4, An advocate should not appear in any case in
is already an advocate on record except which thete
S.
with his consent
His sign-board, name plate should not
is/has been precedent or member of Bar indicate that he
council or of any
association or any organization or his specialization.
DUTYTO PUBLICAND STATEAND
[Link] primary duty of an SOCIETY; -
the constitution, help in the Advocate that he should uphold
2. Hcshould maintenance of rule of law.
promotc the advancement of justiceand
the enforcement assist in
offundamental rights of the people.
Conclusion
"
Advocacy is anoble
Itisapublic [Link].
lItis honourable in the
Butat the samc time, itsociety.
entrants itis not abed ofshould
roses.
bekeptin
mind that for new
An Advocate has
his [Link] duties to his
Ofcourse, It is a'edofroses for a client, court and to
The clients prefer
The clients trust anAdvocate determined Advocate.
who iis
hard
workmanshiptheirworking.
on the
whom they can casily rcach:and of an
explain Advocate,
MyOpinion
Students are advised to writein theirown words t scoremore
dif iculties.
ma
sto