PROFESSIONAL

ETHICS

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B.$om ,,B 0+ th Semester ).I.,.S *.)

Submitted to: Submitted By:

Ms. Imrose Tiwana Daanish Singh
  131/12

  Acnow!edgment
I owe a great many thans to a great many 4eo4!e who he!4ed
and su44orted me during the com4!etion o5 the 4ro6ect.

My dee4est thans to Ms. Imrose Tiwana the uide o5 the

 4ro6ect 5or guiding and correcting 7arious documents o5 mine
with attention and care. She has taen 4ain to go through the
 4ro6ect and mae necessary correction as and when needed.

I wou!d a!so than my Institution and my 5acu!ty members

without whom this 4ro6ect wou!d ha7e been a distant rea!ity

  I&T"%D)$TI%&

A !awyer  according to B!ac8s ,aw Dictionary is 9a 4erson !earned in the

!aw as an attorney counse! or so!icitor a 4erson !icensed to 4ractice
!aw.9 The 4ro5ession o5 !aw is ca!!ed a nob!e 4ro5ession. It does not
remain nob!e mere!y by ca!!ing it as such un!ess there is a continued
corres4onding and e;4ected 4er5ormance o5 a nob!e 4ro5ession. Its
nobi!ity has to be 4reser7ed 4rotected and 4romoted. An institution
cannot sur7i7e in its name or on its 4ast g!ory a!one. The g!ory and
greatness o5 an institution de4ends on its continued and meaning5u!
 4er5ormance with grace and dignity. The 4ro5ession o5 !aw being nob!e
and honourab!e one it has to continue its meaning5u! use5u! and
 4ur4ose5u! 4er5ormance ins4ired by and ee4ing in 7iew the high and rich
traditions consistent with its grace dignity uti!ity and 4restige. +ence the
 4ro7isions o5 the Ad7ocates Act and "u!es made there under inter a!ia
aimed at to achie7e the same ought to be gi7en e55ect to in their true s4irit
and !etter to maintain c!ean and e55icient Bar in the country to ser7e cause
o5 6ustice which again is nob!e one. 1

"estriction on Ad7ocates to tae u4 other 

em4!oyments

"u!es <= to >2 o5 Section 'II o5 the ru!es dea!s with restrictions on other 
em4!oyments. This restriction is considered as a genera! eti?uette on the

1
 4art o5 !awyers as the 4ro5ession o5 !aw is a nob!e 4ro5ession and re?uires
5u!! time dedication.

 Rule 47   4ro7ides that an ad7ocate sha!! not 4ersona!!y engage in any
 business but he may be a s!ee4ing 4artner in a 5irm doing business
 4ro7ided that in the o4inion o5 the a44ro4riate State Bar $ounci! the
nature o5 the business is not inconsistent with the dignity o5 the
 4ro5ession.

 Rule 48 maes it 7ery c!ear that an ad7ocate may be Director or 

$hairman o5 the Board o5 Directors o5 a com4any with or without any
ordinari!y sitting 5ee 4ro7ided none o5 his duties are o5 an e;ecuti7e
character. An ad7ocate sha!! not be a Managing Director or a Secretary o5 
any com4any. I5 the 5unctions o5 the ad7ocate as a member o5 the Board
o5 Directors is in case e;ecuti7e in nature then that action wou!d be
against ru!e <@. An ad7ocate cannot run any business 4ersona!!y and earn
a 4ro5it. "u!e <= strict!y 4rohibits that.

)nder Rule 49 o5 the Bar $ounci! o5 India "u!es an ad7ocate sha!! not be
a 5u!!time em4!oyee o5 any 4erson o7ernment 5irm cor4oration or 
concern and on taing u4 such em4!oyment sha!! intimate such 5act to
the Bar $ounci! concerned and sha!! cease to 4ractise as !ong as he is in
such em4!oyment. +owe7er there was an e;ce4tion made in such cases
o5 !aw o55icers o5 the o7ernment and cor4orate bodies des4ite his being
a 5u!! time sa!aried em4!oyee i5 such !aw o55icer was re?uired to act or 
 4!ead in court on beha!5 o5 others. It was on!y to those who 5a!! into other 
categories o5 em4!oyment that the bar under "u!e < wou!d a44!y 2. An

2 Sushma Suri v. Government of National apital !erritor" of #elhi$ 199% &%' S.(.) %* at p.
ad7ocate em4!oyed by the o7ernment or a body cor4orate as its !aw
o55icer e7en on terms o5 4ayment o5 sa!ary wou!d not cease to be an
ad7ocate in terms o5 "u!e < i5 the condition is that such ad7ocate is
re?uired to act or 4!ead in courts on beha!5 o5 the em4!oyer. But this
e;ce4tion were de!eted in Cune 21 meeting 7ide "eso!ution
 &o.>/21.3
The test there5ore is not whether such 4erson is engaged on terms o5 
sa!ary or by 4ayment o5 remuneration but whether he is engaged to act or 
 4!ead on its beha!5 in a court o5 !aw as an ad7ocate. In that e7ent the
terms o5 engagement wi!! not matter at a!!. Ehat is o5 essence is as to
what such !aw o55icer engaged by the o7ernment does  whether he acts
or 4!eads in court on beha!5 o5 his em4!oyer or otherwise. I5 he is not
acting or 4!eading on beha!5 o5 his em4!oyer then he ceases to be an
ad7ocate. I5 the terms o5 engagement are such that he does not ha7e to act
or 4!ead but does other inds o5 wor then he becomes a mere em4!oyee
o5 the o7ernment or the body cor4orate. There5ore the Bar $ounci! o5 
India has understood the e;4ression 9ad7ocate9 as one who is actua!!y
 4racticing be5ore courts which e;4ression wou!d inc!ude e7en those who
are !aw o55icers a44ointed as such by the o7ernment or body cor4orate.

In Satish (umar 7. Bar $ounci! o5 +imacha! *radesh<  a 4erson was

enro!!ed as an ad7ocate des4ite being a 5u!! time sa!aried em4!oyee as
,aw o55icer. The State Bar $ounci! 0Bar $ounci! o5 +imacha! *radesh
had not made any "u!e entit!ing 5u!! time sa!aried ,aw o55icers 5or 
 4ractising as an ad7ocate. The wor o5 the 4erson so enro!!ed was not
main!y or e;c!usi7e!y to act or 4!ead in $ourt as F,aw o55icerG. +e was

% http://www.legalservicesindia.com/article/article/restriction-on-advocates-179-1.html
*
An ad7ocate sha!! at a!! times com4ort himse!5 in a manner be5itting his
status as an o55icer o5 the $ourt a 4ri7i!eged member o5 the community
and a gent!eman bearing in mind that what may be !aw5u! and mora! 5or
a 4erson who is not a member o5 the Bar or 5or a member o5 the Bar in
his non4ro5essiona! ca4acity may sti!! be im4ro4er 5or an Ad7ocate.
Eithout 4re6udice to the genera!ity o5 the 5oregoing ob!igation an
Ad7ocate sha!! 5ear!ess!y u4ho!d the interests o5 his c!ient and in his
conduct con5orm to the ru!es hereina5ter mentioned both in !etter and in
s4irit.

BIBLIOGRAPHY

BOOKS REFERRED

 "ai (ai!ash  F,ega! #thicsG $entra! ,aw *ub!ications  21 .

 *rasadh Anirudh  F8rinciples of the thics of (egal 8rofession in
ndia $ niv. ;oo5 6ouse $ 2* .
E-SOURCE
 htt4://www.!ega!ser7icesindia.com/artic!e/artic!e/restrictionon
ad7ocates1=1.htm!
 htt4://www.era!a!awyer.com/barHcounci!/restrictions.4h4.'S12S
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 htt4://www.!awyersc!ubindia.com/news/"estrictiononAd7ocates
totaeu4otherem4!oyments11@.as4.'S12TaJ)Eh
 htt4://admis.h4.nic.in/him4o!/$itiNen/,aw,ib/Amendments/Bar 
O2consiHru!es/BA"O2$%)&$I,O2%O2I&DIA
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