PROFESSIONAL ETHICS

ROLL NUMBER: 20BBL129

COURSE CODE: 2BL232
ANSWER1:
A professional dilemmai is an ethical problem that compels an individual to choose a specific
behavior. Generally, the choice is black and white: one possibility is unmistakably the right
response, while the other option is unmistakably false. The implications of choosing the correct
answer, on the other hand, will make it a difficult decision.
Therefore, when professionals confront a dilemma, they confront a series of arguments. The
resolution requires a decision about which arguments are good and which are bad. Professionals
seek the social good. Doing so requires the ability to identify the social good. Accordingly, one's
very status as a professional requires that one knows this moral truth.
Thus, a professional is required to utilize his professional skills with the relevant ethics.
ROLE OF ETHICS IN PROSFESSIONALISM
Ethics are the code of conduct agreed and adopted by the people. It sets a standard of how a
person should live and interact with other people. Ethical theories are a set of principle(s) by
which we can judge all actions. We are all familiar with the term “Business ethics”, which often
refers to commonly held principles of what kind of conduct is acceptable in a business setting
and what is not. Ethics seems to answer this question of, “how should one live”?
Ethics are abstract, there is no punishment for violation of ethics. It informs us about how to act
in a particular situation and make a judgment to make better choices for ourselves.
Professionals and those working in acknowledged professions exercise specialist knowledge and
skill. How the use of this knowledge should be governed when providing a service to the public
can be considered a moral issue and its termed professional ethics.

When Virtue, morality and law combine they become ethics.

VIRTUE
Character traits that are considered to be beneficial in contemporary society are called virtues. A
virtue is an act that a reasonable person would carry out, Virtue ethics is person rather than
action based, these are often referred as the inner voices

Aristotle defines moral virtue as a disposition to behave in the right manner and as a mean
between extremes of deficiency and excess, which are vices. Examples: Honestly, Loyalty,
Courage.
Virtues are divided into two parts: (a) Intellectual virtues (b) Practical virtues
Relevance of Virtue in Professional Ethics

Virtue ethics allows people to maintain personal and interpersonal connections important for the
good life. Virtue ethics does not fall victim to moral schizophrenia, which is one advantage it has
over most other moral theories.
The virtuous persons do the right thing for the right reason(s); and those reasons involve, among
other things, the intrinsic value of the persons affected by those actions and how those actions
impact the positive development of human potential.

MORALITY
Moral law is a system of guidelines for behavior. These guidelines may or may not be part of a re
ligion, codified in written form, or legally enforceable. For some people moral law is synonymou
s with the commands of a divine being. Moral law is a set of universal rules that should apply to 
everyone. Morals impose conditions on the legislature's power since it is impossible for the
legislature to enact a law that is entirely contrary to society's morals. Second, law alone cannot
control and govern all human behaviour and social relations. Morality governs a significant
portion of them. Several actions and relationships in the community's life run very smoothly
without the interference of the law.

LAW
Law is a set of codified rules of conduct necessary to address or prevent wrongdoing in the
society. The formation of laws themselves may be influenced by a constitution, written or tacit,
and the rights encoded therein. The law shapes politics, economics, history and society in various
ways and serves as a mediator of relations between people.
When we live in a group of people or in a community every has some rights of his own and
answerable to all others in form of duties, which reciprocate to these rights. There are chances
that one's words or act prejudice other violating their rights leading to an unwanted, messy
situation; such situations are tackled by the laws made so that these situations are countered by
laws or practices so that everyone can have a peaceful coexistence.

As time has moved, societies have developed and advanced, many old laws have become futile
either completely or partially which resulted into termination of some and amendment of some
laws.

INTERDEPENDENCY:
VIRTUE AND MORALITY
The question talks about Moral dilemma being confronted in professionalism. Morality is
defined as having and living per a moral code, or principles of right and wrong.  Basic morality
condemns murder, adultery, lying and stealing. Ethics explores the idea of morality and its place
in society and addresses questions about morality. The law is based on principles and regulations
established in a community by some authority and applicable to its people.

LAW & ETHICS RELATIONSHIP

Both the law and the ethical codes are structured in such a manner that they do not negate one
another. Both are complimentary just as they show how to act in a responsible way. In the eyes
of the law and ethics, all is equal, that is no one is superior or inferior. Furthermore, these two
allow a person to think and choose freely. Laws are changed as the ethics of the population
changes. Laws are based on ideas, and one such idea is ethics. Therefore, Law and ethics
arguably share a common goal: to make it possible to live socially with minimal conflict
The interconnection between laws and ethics is interesting.
Many laws reflect prevailing ethics of the time and are influenced by what is considered ethical
at the time. For instance, the notion that everyone is equal before the law is based on the belief
that we are created equally.
Laws also inspired ethics at the same time. They've been used to resist against backward
theories. For example, when Sati was abolished, it was not an immoral act and had religious
tolerance. However, sufficient legislation was subsequently enacted to put an end to the corrupt
activities.
Some acts are legal but unethical, while others are legal but unethical.

VIRTUES & LAW

Most of the justice agreed on the fact that in any society a legal structure is required in order to
assign appropriate negative and positive duties, to make people behave in their self interest,
which are under sanctions.
Objections that could be raised with thinking that’s there should be law for every aspect of a
person in a society are:
1. Threats in the form punishment are not sufficient to provide the individual with appropriate
incentives to abide by the law.
2. Efficient law & order requires that individuals are willing to corporate with the low
enforcement.
3. There are many opportunities to resist and violate the law, therefore, the law cannot work
sufficiently enough without the presence of civil virtues supplementing them at new points.
4. Law and order works the best when enabled and qualifies office bearer handle the task.
5. Moral virtues are necessary for the process of legal development.
6. Functioning legal order requires an organized authority to take care of the overall situation.
Therefore, it can be said that moral virtues are necessary for the process of legal
development, and they should be taken in consideration with making the law.

LAW AND MORALITY

Morality and law are almost generally chosen independently fields, with the concept "legal
ethics" referring to the moral behaviour of lawyers or judges rather than the "rightness" or
"wrongness" of specific rules. Laws are usually focused on a society's basic values. Law and
morality have a similarity. Morals, in essence, gave rise to statutes. Moral laws become
sanctioned and implemented by the government. The term "law" was given to these rules.
Insofar as both law and morality guide men's conduct in such a way as to achieve maximum
social and individual benefit, they share a common goal or end. The law does not enforce itself.
There are a number of factors which secure the obedience of law. The conformity of law with
morals is a very important factor. There is always a very close relation between the law and the
life of a community, and in the life of the community morals have got an important place.
Both, law and morality are backed by social or external sanction. Several jurists have observed
that law must conform to morals, and the law which does not conform to morals must be
disobeyed and the government which makes such law should be overthrown.

After having the above discussion about morals, law, virtues and ethics we can conclude by
saying that all these three are interconnected important for the societal good. Law takes into
account the balance of the three for a healthy functioning of the society. However, it is also
important to take in account the differences amongst the three. Lawyers can modify the meaning
of law as they learn through practice.
It may be concluded by the words of Gilchrist, "The individual moral life manifests itself in
manifold ways. The state is the supreme condition of the individual moral life, for without the
state no moral life is possible. The state, therefore, regulates other organizations in the common
interest. The state, however, has a direct function in relation to morality."
ANSWER 2:
Professional ethics is a matter that everybody must comply to, and its not only reserved to the
legal profession. It is more about a person’s behavior when making non biased judgements. As a
result, the ethics of the legal profession entails a set of rules and practices that determine the
expert direction of members of the bar. To the judiciary and to the administration of justice, all
members of legal profession have a primary responsibility. This responsibility takes precedence
over all other responsible, especially when there’s a clash of responsibilities. Rules on the
professional standards that an advocate needs to maintain are in chapter II, part VI of the Bar
Council of India Rules. These rules have been placed there under section 49(1)(c) of the
Advocates Act, 1961.

The Indian Advocates Act, 1961 was brought into force to implement all recommendations
made by the All India Bar Committee. This act aims at amending and forming laws related to the
legal practitioners and to provide for the establishment of the State Bar Council and the All India
Bar Council.

Advocates are not only professionals, but also judicial officials who play a crucial part in
providing justice to the society. As a result, the collection of rules that regulate their ethical
actions stem from the obligation they owe the judge, the client, their advisories and other
supporters. Some duty of advocatesii towards the various stakeholders are as follows:
1. Toward the Court:
(a) An advocate shall present himself with dignity and self-respect while presenting his
case and while acting before a court. He shall not be insensitive and whenever there
is proper ground for serious complaint against a judicial officer, it shall be his right
and duty to submit his grievance to proper authorities
(b)  An advocate should not influence the decision of a court in any matter using illegal
or improper means such as coercion, bribe etc.
(c) An advocate should appear in court at all times only in the dress prescribed under the
Bar Council of India Rules 
(d) An advocate should not appear in or before any judicial authority, for or against any
establishment if he is a member of the management of the establishment. Exception:
member appearing as amicus curiae
 (e) An advocate should not wear bands or gowns in public places other than in courts,
except on such ceremonial occasions and at such places as the Bar Council of India or
as the court may prescribe
(f) An advocate should refuse to act in an illegal or improper manner towards the
opposing counsel or the opposing parties. He should also give his best efforts to make
sure that his client also follows the same

2. Towards the client:

(a) An advocate should not ordinarily withdraw from serving a client once he has agreed
to serve them. He can withdraw only if he has a sufficient cause and by giving
reasonable and sufficient notice to the client
(b) An advocate should make full and frank disclosure to his client relating to his
connection with the parties and any interest in or about the controversy as are likely
to affect his client’s judgement
(c)  An advocate shall by no means suppress any material or evidence, which shall prove
the innocence of the accused.
(d) An advocate should not charge for his services depending on the success of the matter
undertaken.
(e) An advocate should not by any means, directly or indirectly, disclose the
communications made by his client to him. He also shall not disclose the advice given
by him in the proceedings. Example: under Section 126 of the Indian Evidence Act,
1872
(f) An advocate should not by any means bid in court auction or acquire by way of sale,
gift, exchange or any other mode of transfer any property which is the subject matter
of any suit, appeal or other proceedings in which he is in any way professionally
engaged
(g) An advocate shall not lend money to his client for the purpose of any action or legal
proceedings in which he is engaged by such client.

3. Towards opponents:
(a) An advocate shall not in any way communicate or negotiate or call for settlement
upon the subject matter of controversy with any party represented by an advocate
except through the advocate representing the parties
(b) An advocate shall do his best to carry out all legitimate promises made to the
opposite party

4. Towards fellow advocates:

(a) An advocate shall not accept a fee less than the fee, which can be taxed under rules
when the client is able to pay more.
 (b) An advocate shall not permit his professional services or his name to be used for
promoting or starting any unauthorized practice of law.
(c) The size of an advocate's signboard or nameplate should be appropriate. The sign-
board, name-plate, or stationery does not state that he is or has been President or
Member of a Bar Council or Association, or that he is or has been affiliated with any
individual or organisation, or with any specific cause or matter, or that he specialises
in any particular form of practice, or that he has been a Judge or an Advocate
General.
(d) An advocate shall not solicit work or advertise in any manner. He shall not promote
himself by circulars, advertisements, touts, interviews other than through personal
relations, furnishing or inspiring newspaper comments
Therefore, an Advocate shall, at all times, comport himself in a manner befitting his status as an
officer of the Court, a privileged member of the community, and a gentleman, bearing in mind
that what may be lawful and normal for a person who is not a member of the Bar, or for a
member of the Bar in his non-professional capacity may still be improper for an advocate.

The suggestions that I would like to add to improvise upon the existing Bar Council of India
Rules for Standards of Professional Conduct and Etiquette to ensure proper conduct from
Advocates will be as follows: practical aspects
1. Right to protest
The fundamental right of citizens, that is of right to protest, isn’t accessible to advocates.
Court held that lawyers have no right to go on strike or give a call for boycott, not even
on a token strike which in my opinion shouldn’t be that harsh.
2. Allow to lend money in personal capacity to a client by advocates should be given a
second thought
3. Not to advertise: Advocates are barred from putting circulars, advertisements in their
profession. But, in order to grow in the profession as an advocate, one should be able to
tell his previous qualifications as a profession in order to grow, and taking law as a
profession it is a business. It is very much ethical to advertise oneself also, it can be
inferred that restrictions on advertising in the legal profession tend to reduce
competition by limiting the ability of consumers to gain information about
the services of legal practitioners, increasing the costs of gaining such
information thus making it more difficult for consumers to search for the
quality and prices as per their requirements.
4. International law firms aren’t allowed in India, and vice a versa. Looking at the
unemployment rate the Bar should not restrict the sources and see this as an opportunity
of mutual growth exchange between the nations.
5. Basic remuneration in litigation for survival purposes should be provided by the Bar
council from the funds to Economically Weaker Sections of the society in order to get
quality lawyers. Many law college graduates are constrained to getting into the litigation
due to high investment factor.
 6. Safety of advocate should be a top most priority. We on a daily basis hear news related to
violence against advocates being mob lynched, assassinated. A redressal committee
should be formed to hear the complains against misconduct of advocates.
7. Funds should be made for lawyers who are working under the supreme court in case of
emergencies and retirement.
8. It also forbids advocates to take case of their family members and relatives which is very
vague and not practical.

REFERENCES
i
https://philonotes.com/index.php/2018/06/10/moral-dilemmas/
ii
http://www.barcouncilofindia.org/about/professional-standards/rules-on-professional-standards/