Practical File

Professional Ethics, Accountability of

Lawyers and Bar Bench Relation

Paper Code: K-3005

Semester 3rd – 2018-19

Submitted to:

ISHAN INSTITUTE OF LAW

Address: Ishan Campus, Knowledge Park I, Greater Noida, Uttar

Pradesh 201310

Phone: 0120 233 4400

Index:

Sr. No. Topic Page No.

Introduction

Origin, development and Importance of

Professional Ethics

Composition, Power and Functions of the State Bar

Council

Illustrate the Duties of an Advocate towards the

Court, Clients and his / her Fellow colleagues

Concept and punishment of Professional

Misconduct

Elucidate the historical background of the legal

profession in India

Public Interest and Fundamental Rights

Qualifications of persons who are entitled to be

enrolled as an Advocate in State role.

Discuss the Constitutional Remedies for the

enforcement of Fundamental Rights.

Supreme Court as a Court of Record under Article

129 of the Constitution of India.

Describe the Bar-Bench relation in depth.

Conclusion

Bibliography
 Introduction

“In law a man is guilty when he violates the rights of others. In ethics he is
guilty if he only thinks of doing so.”

A lawyer’s job is as important as that of a doctor’s as both of them have power to save
the life of a person who comes to seek their professional service.

Legal professionals are also imposed with vast duties and responsibilities to which they
are morally as well as legally bound. Failure of such duty can invite criticism as well as
legal sanctions including suspending such advocate from practicing and removing his
name from the Roll of advocates. Hence, knowledge of such duties, responsibilities and
sanctions is indispensable for an advocate to have a better professional career.
1. Origin, development and Importance of Professional Ethics

Origin of Legal Profession in India

The history of the legal profession in India can be track from the establishment of the
First British Court in Bombay in the year of 1672 by respective Governor Aungier. The
admissions of attorneys were placed in hands of Governor-in-Council and not with the
Court. Before the establishment of Mayor’s Courts in 1726 in Madras and Calcutta,
there were no legal experts in India.

Mayor's Courts- There was no established legal profession until the establishment of
the Mayor's Court. Those who practised law were devoid of legal training and some of
the functionaries under the Mayor's courts were dismissed servants of the British East
India Company. There were some years which played important roles in setting up the
courts in India.

The Advocates Act, 1961

After the establishment of the Advocates Act ,1961 all the old classes of experts and
legal practitioners (vakils, barristers, pleaders of various grades, and mukhtars) were
abolished and were compiled into a single category known as "Advocates" who enjoys
the privilege to practice in courts throughout the India. The Advocates Act also
additionally establish an All India Bar Council for the first time in history of India, with
the Attorney-General and Solicitor General of India as the ex- officio members of Bar
Council.

PROFESSIONAL ETHICS

Advocates, in addition to being professionals, are also officers of the courts and play a
vital role in the administration of justice. Accordingly, the set of rules that govern their
profession, professional conduct arise out of the duty that they owe the court, the client,
their opponents and other advocates.

Rules on the professional standards that an advocate needs to maintain are mentioned
in Chapter II, Part VI of the Bar Council of India Rules under section 49(1)(c) of the
Advocates Act, 1961.

Professional ethics means a code of rules which regulates the behavior and conduct of
a practicing lawyer towards himself, his client, his opposite party, his counsel and of
course towards the court.

Professional ethics consist of those fundamental values on which the profession has
been built.

The practicing lawyer shall have the social responsibility and dignity of the legal
profession to ensure efficient service to his client as well as for public welfare.
2. Composition, Power and Functions of the State Bar Council

The Advocate Act, 1961, has made provisions for the establishment of Bar Councils.
The Bar Council will be two patterns - Bar Council of India and State Bar
Council. Under Section 3 of the Act State Bar Council will be established. However,
Under Section 4, a Bar Council of India will be established.

State Bar Councils :

(2) A State Bar Council shall consist of the following members, namely:—

(a) in the case of the State Bar Council of Delhi, the Additional Solicitor General
of India ex officio
(b) in the case of the State Bar Council of Assam, Nagaland, Meghalaya,
Manipur and Tripura, the Advocate General of each of the State of Assam,
Manipur, Meghalaya, Nagaland and Tripura, ex officio
(c) in the case of the State Bar Council of Punjab and Haryana, the Advocate-
General of each of the State of Punjab and Haryana, ex officio
(d) in the case of any other State Bar Council, the Advocate-General of the State,
ex officio;

AND

(a) in the case of a State Bar Council with an electorate not exceeding five
thousand - fifteen members
(b) in the case of a State Bar Council with an electorate exceeding five thousand
but not exceeding ten thousand - twenty members
(c) and in the case of the State Bar Council with an electorate exceeding ten
thousand - twenty-five members

elected in accordance with the system of proportional representation amongst

advocates on the electoral roll of the State Bar Council

Powers and functions of State Bar Council are as under

Functions of State Bar Council :

Section 6(1) of the Advocate Act 1961 makes provisions in respect of the functions of
the State Bar Council.

a) General functions - Functions of State Bar Councils

I to admit persons as advocates on its roll;

II to prepare and maintain such roll;
III to entertain and determine cases of misconduct against advocates on its roll;
IV to safeguard the rights, privileges and interests of advocates on its roll;
 V to promote the growth of Bar Associations for the purposes of effective
implementation of the welfare schemes referred to in clause (a) of sub-section
(2) of this section clause (a) of sub-section (2) of section 7;
VI to promote and support law reform;
VII to conduct seminars and organise talks on legal topics by eminent jurists and
publish journals and paper of legal interest;
VIII to organise legal aid to the poor in the prescribed manner;
IX to manage and invest the funds of the Bar Council;
X to provide for the election of its members;
XI to visit and inspect Universities in accordance with the directions given under
clause (i) of sub-section (1) of section 7;

b) To Issue Certificates of Enrollment -

Section 22 of Advocate Act 1961 provides that, There shall be issued a certificate of
enrollment in the prescribed form by the State Bar Council to every person whose
name is entered in the roll of advocates maintained by it under this Act.

c) To Maintain Roll of Advocates -

Section 17. of Advocate Act, 1961 provides that every State Bar Council shall prepare
and maintain a roll of advocates

Each such roll of advocates shall consist of two parts - the first part containing the
names of senior advocates and the second part, the names of other advocates.

Section 19 of the Advocate Act, 1961, requires the State Bar Council to send copies of
rolls of advocates to the Bar Council of India.

Powers of State Bar Council

a) Power to make rules: The State Bar Council has been empowered to make
rules to carry on the purposes of section 16 to Section 27 of the Advocate Act, 196,
dealing with the admission and enrollment of advocate.

b) Power to punish Advocate: The State Bar Council has Power to punish an
advocate for professional misconduct and other misconduct. The Disciplinary
Committee of the State Bar Council may make any of the following order -

(a)dismiss the complaint or, where the proceedings were initiated at the
instance of the State Bar Council, direct that the proceedings be filed;
(b) reprimand the advocate;
(c) suspend the advocate from practice for such period as it may deem fit;
(d) remove the name of the advocate from the State roll of advocates.

c) To appoint Committees and Staff Members: A bar Council establishes

several committees to its function under this Act including the disciplinary committee,
Executive Committee, Enrollment Committee, etc.
 d) To Maintain Accounts and Conduct Audit: Section 12. of Advocate Act 1961
provides that every Bar Council shall cause to be maintained such books of accounts