Some Suggestions for Professional Ethics Course

By
Kishan Sharma – 14BAL050
Piyush Agnihotri – 14BAL070
Nidhi Patel – 14BAL103
Nishita Shrivastava – 14BAL118
Arpit Srivastava – 14BAL126
Manila Poonia - 14BAL139
 Ethics cannot be taught in the class, rather it is a gradual process which is
inculcated in a person based on his exposure and setting of environments around
him. So, I will address it by guidance or awareness programme rather than
teachings of professional ethics.
 Ethics are nothing but moral values. Morals are universal according to me and
therefore during study of ethics and professional ethics it is important to focus
on what is morally correct.
 Since ethics can not be taught, we can only be guided and made aware about
our moral duties and responsibilities which form ethics.
 Situational dilemmas and problem-solving approach must be taken in studying,
guiding and learning about ethics, because one can not readily think on his toes
some times and get seduced by worldly things but if he is made aware and
guided earlier about such situations and dilemmas, then it would be easier to
decide for him in those cases.
 Often these ethics awareness sessions extend to a very long periods and this
must be reduced to 40 minutes sessions. Due to BCI guidelines and UGC
guidelines ethics has just become a course which a college just wants to
bombard on the students, however the approach must be of gradual awareness
and guidance throughout the 5 years of UG and various social activities which
would make us more aware and sensitize us about the ruthless and unethical
world. Such course must be devised and planned for such awareness course of
professional ethics.
 For example: Taking law students to the areas of city in small groups where
poor children need education, etc. Such activities where law students are
encouraged to help those poor kids will develop in them a sense of responsibility
towards society and moral and ethical duty to make underprivileged
independent.
 We can only imbibe good mannerism and morals in us if we have compassionate
and reasonable mind. People with ignorance and irrational ideology are the one
who are most unethical in the industry. So, it must also be an effort in the course
to guide and encourage the students to be aware to the surroundings, be
compassionate and not selfish.
 The sessions are becoming sluggish sometimes and these must be made exciting
and interesting.
 Professional ethics can be divided into two categories:
1) Code of conducts/Laws (Which force us and make it compulsory to comply)
2) Inherent ethical and moral values we have on our own.
These codes can be made more and more stringent but it is only effective if one
is wanting to be ethical from inside, therefore forceful tactics to teach ethics will
never work, rather it may backfire and create rebellious situations.
 Law students must be made aware of every possible way they can help people
and not hurt the feelings of people around them because that is what ethics is
that is – to help people and being ultimately true to yourself.
 I believe that teaching some codes won't help unless it is backed by institution
teaching us this course or any other suitable institution. A professional has a
 very little incentive to do right thin without taking on the heavy burden of
economics and physical risk.
 Ethical codes represent the value-laden visions of a saintly professional which
are sufficient to constitute real ethical debate like what is right or wrong?
Whether truth shall be said? But these codes neglect the complex and dynamic
realities of the world and people.
 Instead of telling us code of ethics, we should be told how to interpret such
codes when the situation arises. For the application of spirit of the code its
correct interpretation is necessary. A prior moral reasoning capabilities are
required in order to value such codes when the situation arises. For example -
A code says a lawyer should work for the welfare of the public'. Here this code
neglects the basic human nature that to work for public welfar, what is needed
apart from a set of codes is self satisfactio. A person is in a better position to
propogate such codes when he himself is satisfied. A safisfied person can use
his moral reasoning capacity to solve the issue in hand.
 The inadequate performance of lawyers is one such problem. The false
promises made by the lawyers to their clients about winning the case.
Adjournment has become a process to take fees from the client as much as the
lawyer can. The code of conduct says to be present on time, be prepared unless
they have any other emergency over their professional conduct. But what we
have seen in cases is the lawyers take adjournment on most f the cases they can
or send their junior advocates to do so.
 The fees charged by the lawyers in another grey area. Common man doesn’t
know what is right amount to be paid. The lawyers even charge for the
adjournment proceedings. The adjournment was taken by the lawyers then what
is that fees for. If the lawyer has due to his own problems not able to complete
present the arguments on time then he must not charge any fee.
 There are other problems which can be limited or ended by greater sensitivity,
i.e., lawyers who practice with conflicts of interest, who breach fiduciary
obligations, or who commit fraud. There is increased misuse and abuse of the
pre-trial discovery and growing concern the class action had, in too many
instances, evolved in an action more for the benefit of lawyers than for the
benefit of the class.
 The increased attention during past few years by some law teachers and some
law schools to the teaching of legal ethics and professional responsibility is
encouraging. The solutions which can be seen from the side of the Bar
Association and colleges – conduction National Conferences, Seminars, or any
kind of innovative programs to build up the inner morality. Colleges must
induct ethical courses in first year, then this will be less of a responsibility and
more of what they really want their children to follow. So, there must be
emphasis on the ethical principles and standards of conduct governing the
profession. Ethics cannot be taught in a single course or clinic or overnight.
Moreover, the mentor himself/herself should have extensive experience in
practice. Students will learn professional responsibility if sensitized to the
ethical issues as the arise in various courses in substantive and procedural law.