Professional Documents
Culture Documents
Professional Ethics
Professional Ethics
Harinath Janumpally 1
ETHICS – 5th Semester
PAPER-V:
PROFESSIONAL ETHICS AND PROFESSIONAL
ACCOUNTING SYSTEM
The written examination of this paper will be for 50 marks and the remaining 50
marks for record and viva voce. There shall be classroom instruction on the
following topics:
Unit-I:
Development of Legal Profession in India — The Advocates Act, 1961 — Right
to Practice — a right or privilege? - Constitutional guarantee under Article 19(1) (g)
and its scope — Enrolment and Practice — Regulation governing enrolment and
practice — Practice of Law — Solicitors firm — Elements of Advocacy.
Unit-II:
Seven lamps of advocacy— Advocate’s duties towards public, clients, court, and
other advocates and legal aid; Bar Council Code of Ethics.
Unit-III:
Disciplinary proceedings — Professional misconduct — Disqualifications —
Functions of Bar Council of India/ State Bar Councils in dealing with the
disciplinary proceedings —Disciplinary Committees -- Powers and functions -
Disqualification and removal from rolls.
Unit-IV:
Accountancy for Lawyers — Nature and functions of accounting — Important
branches of accounting — Accounting and Law – Bar Bench Relations.
Record (30 marks): Each student shall write 50 selected opinions of the
Harinath Janumpally 2
ETHICS – 5th Semester
Viva- voce (20 marks): There shall be viva-voce examination on the above
components. The Viva-voce Board consisting of (i) Principal of the College/ the
teacher concerned (ii) University Representative appointed by the Controller of
Examinations in consultation with the Chairman, BOS in Law, and (iii) an
advocate with 10 years of experience at the Bar shall evaluate the student in the
Viva. The proceedings of the viva-voce shall be recorded.
Suggested Readings:
(1) Sirohi: Professional Ethics, Central Law Publications, Allahabad.
(2) G.B.Reddy, Practical Advocacy of Law, Gogia Law Agency, Hyderabad
(3) Myneni S.R.: Professional Ethics, Accountancy for Lawyers and Bench-
Bar Relation, Asia Law House, Hyderabad.
(4) Gupta S.P.: Professional Ethics, Accountancy for Lawyers and
Bench- Bar Relation, Asia Law House, Hyderabad.
(5) Kailash Rai: Professional Ethics, Accountancy for Lawyers and Bench-
Bar Relation, Allahabad Law Agency.
(6) Selected Judgments on Professional Ethics (in 2 volumes), Bar Council of
India Trust, New Delhi.
Harinath Janumpally 3
ETHICS – 5th Semester
Criteria for enrolment as an Advocate (As per Section 24 of the Advocates Act): A person shall be qualified
to be enrolled as an advocate if he fulfills the following conditions:
(a) He is a citizen of India. Provided that a national of any other country can also practice only if Indians are
allowed to practice in that other country;
(b) He has attained the age of 21 years;
Harinath Janumpally 4
ETHICS – 5th Semester
Disqualifications: Section 24(A) of the Advocate Act 1961, describes the conditions in which the person
cannot be registered.
1. If the person is held guilty for crime related to moral turpitude.
2. If the person is held guilty under Untouchability Act 1955.
3. If the person has been dismissed from the post from employment office under state on the blame
of moral turpitude. This qualification will remain effective for 2 years from the date of removal.
2. Solicitors firm.
Answer: Solicitors advise clients and draft pleadings/documents, but engage advocates for conducting the
case in the court. Lawyers who want to be solicitors should pass an examination. In India, a two-year
practice is also required before an Indian lawyer can qualify as a solicitor.
A solicitor can cover large clientele unlike the advocate, Mostly solicitors work on retainer basis for large
companies for a handsome remuneration. Commercial clients call in solicitors for advice on matters
including litigation, property, tax and finance. Private client work usually involves personal legal matters
such as wills, property conveyancing, divorce and custody. Solicitors' firms come in all shapes and sizes so
it's important to do your research first and find out which one would suit you.
Solicitors need a wide range of skills. As well as being able to communicate with clients and develop good
working relationships with them, they need to be able to work closely with colleagues, pay close attention
to detail and be willing to work long hours. They also need initiative and good judgment to work with
complex information.
Harinath Janumpally 5
ETHICS – 5th Semester
innocent because that is how our legal system works "Presumption of Innocence until proven Guilty". He
argues with the information provided by his client. Thus, Advocates should not only aim at putting an end
to their client's peril but also aim at uplifting this honourable profession.
b) COURAGE:
A lawyer should be fearless and courageous while upholding his stand in front of the bench. Only a person
who is truthful and honest will be fearless at all times. A lawyer should never back-off from any situation;
he should be bold and witty enough to tackle all the dangers advancing towards him. A lawyer should be
bold enough to fight against the social evils for the sake of the citizens. He should aid in directing and
moulding society in the right way.
c) INDUSTRY:
An advocate needs to possess all the necessary skill-set which is required by this profession. He needs to
master the art of both speaking and writing. He needs to work his way towards success. A lawyer should
never be ignorant of the law. Ignorance of the law is never permissible. He should have sheer dedication
and devotion towards this profession. Law is like the ocean the more you believe you've discovered the
more mysteries are lined up to be unravelled. Nobody in this world can master law because law evolves
continuously. In this profession who can never achieve Mastery, who will always be a pupil.
d) WIT:
A good lawyer should have a lot of wit and presence of mind while he's arguing. A well- prepared speech
will never work in the court of law. He should make a conversation with the judge. He should elucidate on
every significant fact of the case. He should lead the judge with his arguments. It is true that the judge won't
be convinced in the first go. He will be asking questions as he is supposed to because he has got the most
difficult job to do "rendering justice". Intelligence and knowledge are other things which are to be vested
in a lawyer; these would come in handy in later stages of his arguments.
e) ELOQUENCE•
A lawyer should be a very skilled speaker. He should have the required style and confidence in the court.
Eloquence adds more effectiveness to his submissions. His language should be error free. He should employ
the pauses at the right moment. His submissions need not be dramatic but need to be effective. It should
leave an impression on the judge. He should be persuasive. He should be able to re-frame his submissions
until he wins it in his client's favour. The Judge should be able to recollect the intrinsic details the advocate
Harinath Janumpally 6
ETHICS – 5th Semester
pointed out in his pleadings while writing his judgment. That's the level of effectiveness that is to be
achieved by a lawyer.
f) JUDGEMENT•.
Before drafting his submissions a lawyer should be able to anticipate the possible counterarguments that
might arise from the other side. He should be prepared to dodge all of the counters. He should be able to
assess which detail of the fact or the statute would help him to achieve the desired verdict. There's an old
saying "He can't be a good lawyer unless he can't take two sides". This particular skill would make the best
out of a lawyer.
g) FELLOWSHIP•
Though there is a battle of words in the court hall, no lawyer is supposed to hold grudge against another.
They should always uphold the fellowship in this profession. That is why the lawyers refer to their opposite
side counsel as "Learned Friend". If every lawyer takes it to their heart, that might hinder the fellowship of
this profession. It might even lead to its downfall.
CONCLUSION:
Thus, lawyers have an important duty of upholding justice in the most crucial of times. They must not only
work towards the betterment of this profession but also for the betterment of this society also. Every lawyer
is obliged to serve the society. It is one of his primary duties. The service of a lawyer to the development of
this society is indispensable.
4. Examine the duties of advocates for the standards of professional conduct and etiquette.
Enumerate the duties of advocates towards the client, courts and other advocates.
Advocate's duty to provide legal aid to the poor.
Answer: 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
nonprofessional capacity may still be improper for an advocate. Without prejudice to the generality of the
foregoing obligation, an advocate shall fearlessly uphold the interests of his client, and in his conduct
conform to the rules hereinafter mentioned both in letter and in spirit. The rules hereinafter mentioned
contain cannons of conduct and etiquette adopted as general guides; yet specific mention thereof shall
not be construed as a denial of the existence of others equally imperative though not specifically mentioned.
Section I—Duty to the Court
1. An advocate shall, during the presentation of his case and while otherwise acting before a Court, conduct
himself with dignity and self-respect. He shall not be servile 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.
2. An advocate shall maintain towards the Courts a respectful attitude, bearing in mind that the dignity of
the judicial office is essential for the survival of a free community.
3. An advocate shall not influence the decision of a Court by any illegal or improper means. Private
communications with Judge relating to a pending case are forbidden.
4. An advocate shall use his best efforts to restrain and prevent his client from restoring to sharp or unfair
practices or from doing anything in relation to the Court, opposing counsel or parties which the advocate
himself ought not to do. An advocate shall refuse to represent the client who persists in such improper
conduct. He shall not consider himself a mere mouthpiece of the client, and shall exercise his own judgment
in the use of restrained language in correspondence, avoiding scurrilous attacks in pleadings, and using
intemperate language during arguments in Court.
5. An advocate shall appear in Court at all times only in the prescribed dress, and his appearance shall always
be presentable.
6. An advocate shall not enter appearance, act, plead or practice in any way before a Court, Tribunal or
Authority mentioned in Section 30 of the Act, if the sole or any member thereof is related to be Advocate
Harinath Janumpally 7
ETHICS – 5th Semester
as father, grandfather, son, grandson, uncle, brother, nephew, first cousin, husband, wife, mother,
daughter, sister, aunt, niece, father-in-law, daughter-in-law or sister-in-law.
7. An advocate shall not wear bands or gown in public places other than in Courts except on such ceremonial
occasions, and at such places as the Bar Council or the Court may prescribe.
8. An Advocate shall not appear in or before any Court or Tribunal or any other authority for or against an
organisation or an institution, society or corporation, if he is a member of the Executive Committee of such
organisation or institution or society or corporation. “Executive Committee,” by whatever name it may be
called, shall include any Committee or body of persons which, for the time being, is vested with the general
management of the affairs of the organisation or institution, society or corporation.
Provided that this Rule shall not apply to such a member appearing as “amicus curiae‟ or without a fees
in a matter affecting the affairs or a Bar Council, Incorporated Law Society or a Bar Association.
9. An Advocate should not act or plead in any matter in which he himself is pecuniarily interested.
Illustration:
I. He should not act in a bankruptcy petition when he himself is also a creditor of the bankrupt.
II. He should not accept a brief from a company of which he is a director.
10. An Advocate shall not stand as a surety, or certify the soundness of surety, for his client required for the
purpose of any legal proceedings.
Section II—Duty to the Client
11. An Advocate is bound to accept any brief in the Courts or Tribunals or before any authority in or before
which he professes to practise at a fee consistent with his standing at the Bar and the nature of the case.
Special circumstances may justify his refusal to accept a particular brief.
12. An Advocate shall not ordinarily withdraw from engagements once accepted, without sufficient cause
and unless reasonable and sufficient notice is given, to the client. Upon his withdrawal from a case, he shall
refund such part of the fee as has not been earned.
13. An Advocate should not accept a brief or appear in a case in which he has reason to believe that he will
be a witness and if being engaged in case, it becomes apparent that he is a witness on a material question
of fact, he should not continue to appear as an Advocate if he can retire without jeopardising his client’s
interests.
14. An Advocate shall at the commencement of his engagement and during the continuance thereof, make
all such full and frank disclosures 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 judgment in either engaging him or continuing
the engagement.
15. It shall be the duty of an advocate fearlessly to uphold the interests of his client by all fair and honourable
means without regard to any unpleasant consequences to himself or any other. He shall defend a person
accused of a crime regardless of his personal opinion as to the accused, bearing in mind that his loyalty is to
the law which requires that no man should be convicted without adequate evidence.
16. An Advocate appearing for the prosecution in a criminal trial shall so conduct the prosecution that it
does not lead to conviction of the innocent. The suppression of material capable of establishing the
innocence of the accused shall be scrupulously avoided.
17. An Advocate shall not, directly or indirectly, commit a breach of the obligations imposed by Section 126
of the Indian Evidence Act.
18. An Advocate shall not, at any time, be a party to fomenting of litigation.
19. An Advocate shall not act on the instruction of any person other than his client or his authorised agent.
20. An Advocate shall not stipulate for a fee contingent on the results of litigation or agree to share the
proceeds thereof.
21. An Advocate shall not buy or traffic in or stipulate for or agree to receive any share or interest in any
actionable claim. Nothing in this Rule shall apply to stock, shares debentures or government securities, or
to any instruments which are for the time being, by law or custom negotiable, or to any mercantile
document or title to goods.
22. An Advocate shall not, directly or indirectly, bid for or purchase, either in his own name or in any other
name, for his own benefit or for the benefit of any person, any property sold in the execution of a decree
Harinath Janumpally 8
ETHICS – 5th Semester
or order in any suit, appeal or other proceeding in which he was in any way professionally engaged. This
prohibition, however, does not prevent an Advocate from bidding for or purchasing for his client any
property which his client may himself legally bid for or purchase provided the Advocate is expressly
authorised in writing in this behalf.
23. An Advocate shall not adjust fees payable to him by his client against his own personal liability to the
client, which liability does not arise in the course of his employment as an Advocate.
24. An Advocate shall not do anything whereby he abuses or takes advantage of the confidence reposed in
him by his client.
25. An advocate should keep accounts of the client’s money entrusted to him, and the accounts should
show the amounts received from the client or on his behalf, the expenses incurred for him and the debits
made on account of fees with respective dates and all other necessary particular.
26. Where moneys are received from or on account of a client, the entries in the accounts should contain a
reference as to whether the amounts have been received for fees or expenses, and during the course of the
proceedings, no Advocate shall, except with the consent in writing of the client concerned, be at liberty to
divert any portion of the expenses towards fees.
27. Where any amount is received or given to him on behalf of his client the fact of such receipt must be
intimated to the client as early as possible.
28. After the termination of the proceeding the Advocate shall be at liberty to appropriate towards the
settled fee due to him any sum remaining unexpended out of the amount paid or sent to him for expenses,
or any amount that has come into his hands in that proceeding.
29. Where the fee has been left unsettled, the Advocate shall be entitled to deduct, out of any moneys of
the client remaining in his hands, at the termination of the proceeding for which he had been engaged, the
fee payable under the rules of the Courts in force for the time being, or by then settled and the balance, if
any, shall be refunded to the client.
30. A copy of the client’s account should be furnished to him on demand provided the necessary copying
charge is paid.
31. An Advocate shall not enter into arrangements whereby funds in his hands are converted into loans.
32. 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.
Explanation—An Advocate shall not be held guilty of a breach of this rule, if in the course of a pending, suit
or proceedings, and without any arrangement with the client in respect of the same, the
Advocate feels compelled by reason of the rule of the Court to make a payment to the Court on account of
the client for the progress of the suit or proceeding.
33. An Advocate who has at any time, advised in connection with the institution of a suit, appeal or other
matter or has drawn pleadings or acted for a party, shall not appear or plead for the opposite party.
Section III—Duty to Opponent
34. An Advocate shall not in any way communicate or negotiate upon the subject matter of controversy
with any party represented by an Advocate except through that Advocate.
35. An Advocate shall do his best to carry out all legitimate promises made to the opposite party even
though not reduced to writing or enforceable under rules of the Court.
Section IV—Duty to Colleagues
36. An Advocate shall not solicit work or advertise, either directly or indirectly, whether by circulars.
Advertisements, touts, personal communications, interview not warranted by personal relations, furnishing
or inspiring newspaper comments or procuring his photograph to be published in connection with cases in
which he has been engaged or concerned. His sign-board or name-plate should be of a reasonable size. The
sign-board or name-plate or stationery should not indicate that he is or has been President or Members of
a Bar Council or of any Association or that he has been associated with any person or organisation or with
any particular cause or matter or that he specialises in any particular type of work or that he has been a
Judge or an Advocate-General.
37. An Advocate shall not permit his professional services or his name to be used in aid of or to make
possible, the unauthorised practise of law by any lay agency,
Harinath Janumpally 9
ETHICS – 5th Semester
38. An Advocate shall not accept a fee less than the fee taxable under the rules when the client is able to
pay the same.
39. An Advocate shall not enter appearance in any case in which there is already a vakalat or memo of
appearance filed by an Advocate engaged for a party except with his consent, in case such consent is not
produced he shall apply to the Court stating reasons why the said consent could not be produced and he
shall appear only after obtaining the permission of the Court.
Section IVA
40. Every advocate borne on the Rolls of a State Bar Council shall pay to the State Bar Council a sum of Rs.
30 every third year, commencing 1st April, 1980, either at one time or in three equated instalments.
41. The aforesaid sum collected by the State Bar Council shall be credited to a separate fund to be known
as „Advocates Welfare Fund‟.
42. All sums so collected by the State Bar Council in accordance with Rule 40 shall be remitted to the Bar
Council of India forthwith, which shall be credited by the Bar Council of India to a separate fund to be known
as „Advocates Welfare Fund.‟
43. Every advocate borne on the rolls of a State Bar Council shall deliver on or before 1st April every year,
commencing from 1st April 1980 a declaration in the form prescribed.
44. Every Advocate borne on the Rolls of a State Bar Council shall enrol himself as member of a Bar
Association within the territory over which the said Bar Council exercises jurisdiction. Every declaration
under Rule 43 above, shall be accompanied by a certificate of the Secretary of that Bar Association, certifying
that he is a member and that he has paid all the dues of the Bar Association.
45. The name of every Advocate, who fails to pay the aforesaid sums within the prescribed time set out in
Rule 40 or fails to file the declaration under Rule 43 or makes any false statement in the declaration under
Rule 43 shall be removed from the Rolls of the State Bar Council.
46. Before the name of any Advocate is removed from the Rolls under Rule 45 the Secretary of the State Bar
Council shall serve on the Advocate concerned a notice to show cause against the removal of his name and
the cause shown, if any, shall be dealt with by the Chairman of the State Bar Council forthwith who, in his
discretion, shall pass such orders as he thinks fit.
Section V—Duty in Imparting Training
47. It is improper for an Advocate to demand or accept fees or any premium for any person as a
consideration for imparting in law under the rules prescribed by the Bar Council to enable such person to
qualify for enrolment under the Advocates Act, 1961.
Section VI—Duty to Render Legal Aid
48. Every Advocate shall in the practice of the profession of law bear in mind that any one genuinely in need
of a lawyer is entitled to legal assistance even though he cannot pay for it fully or adequately and that within
the limits of an Advocate’s economic condition, free legal assistance to the indigent and oppressed is one
of the highest obligations an Advocate owes to society.
Section VII—Restrictions on Other Employments
49. An Advocate shall not personally engage in any business but he may be a sleeping partner in a firm doing
business provided that, in the opinion of the Bar Council the nature of the business is not inconsistent with
the dignity of the profession.
50. An Advocate may be a Director or Chairman of the Board of Directors of a company with or without any
ordinary sitting, fee provided none of his duties are of an executive character. An Advocate shall not be a
Managing Director or a Secretary of any company.
51. An Advocate shall not be full-time salaried employee of any person, government, firm, corporation or
concern, so long as he continues to practise and shall, on taking up any such employment, intimate the fact
to the Bar Council and shall thereupon cease to practise as an advocate so long as he continues in such
employment.
Nothing in this rule shall apply to Law Officer of the Central Government or the Government of a State or of
any Public Corporation or body constituted by statute who is entitled to be enrolled under the rules of the
Bar Council made under Section 28(2)(d) read with Section 24(1)(c) of the Advocates Act, 1961 despite his
being a full-time salaried employee.
Harinath Janumpally 10
ETHICS – 5th Semester
52. An Advocate who has inherited, or succeeded by survivorship, to a family business may continue it, but
may not personally participate in the management thereof. He may continue to hold a share with others in
any business which has descended to him by survivorship or inheritance or by will, provided he does not
personally participate in the management thereof.
53. An Advocate may review Parliamentary Bills for a remuneration, edit legal text books at a salary, do
„press-vetting‟ for newspapers, coach pupils for legal examinations, set and examine question papers; and
subject to the rules against advertising and full-time employment, engage in broadcasting, journalism,
lecturing and teaching subjects both legal and non-legal.
54. Nothing in these rules shall prevent an Advocate from accepting, after obtaining the consent of the Bar
Council part-time employment provided that in the opinion of the Bar Council the nature of the employment
does not conflict with his professional work and is not inconsistent with the dignity of the profession.
These rules shall be subject to such directives if any as may be issued by the Bar Council of India from time
to time
5. Professional misconduct.
Answer: A lawyer’s profession is meant to be a divine or sacred profession by all means. In every profession,
there are certain professional ethics that need to be followed by every person who is into such a profession.
But there is the fact that professional misconduct is a common aspect, not only in other professions but also
in advocacy also. In simple terms, it means certain acts done by the persons which seem to be unfit for the
profession as well as which are against certain ethics in this field. The term has been clearly defined in
Black’s Dictionary as, the transgression of some established and definite rule of action, a forbidden act, a
dereliction of duty, unlawful behaviour, improper or wrong behaviour. Its synonyms are a misdemeanour,
impropriety, mismanagement, offense, but not negligence or carelessness. From the definition, it is now
clear that the act of professional misconduct is done purely with an intention of getting unlawful gains. The
Advocates Act, 1961 and the Indian Bar Council play a vital role in providing rules and guidelines regarding
the working, code of conduct and such other matters concerning lawyers and advocates in India.
Misconduct means any acts which are unlawful in nature even though they are not inherently wrongful.
Before the Advocates Act, 1961, we had the Legal Practitioners Act, 1879. There is no definition given for
the term ‘misconduct’ in the Act, but the term ‘unprofessional conduct’ is being used in the Act. Some of
the instances of professional misconduct are as follows:
• Dereliction of duty
• Professional negligence
• Misappropriation
• Changing sides
• Contempt of court and improper behaviour before a Magistrate
• Furnishing false information
• Giving improper advice
• Misleading the clients in court
Harinath Janumpally 11
ETHICS – 5th Semester
Harinath Janumpally 12
ETHICS – 5th Semester
2) The bar council of India may constitute one or more funds in the prescribed manner for the purpose of
giving financial assistance to organize welfare schemes for indigent, disabled or other advocates Giving legal
aid or advice in accordance with the rules made in this behalf establishing law libraries
3) Bar council of India may receive any grants donations, gifts or benefactions for all or any of the purposes
specified in sub-section (2) which shall be credited to the appropriate funds constituted under the sub
section.
According to Section 7 (a) of the Advocate Act, 1961 the Bar Council of India may become a member
of international legal bodies such as the International Bar Association or International Legal Aid Association,
contribute such sums as it thinks fit to Such bodies by way of subscription or otherwise and authorize
expenditure on the participation of its representatives in any international legal conference seminars.
I) Admission as advocate -
Section 20 of the Advocate Act provides that every advocate who was entitled as of right to practice
in the Supreme Court immediately before the appointed day and whose name was not entered in any state
roll may, within the prescribed time, express his intention in the prescribed form to the Bar Council and on
receipt thereof, the Bar Council of India shall direct that the name of each advocate shall, without payment
of any fee, be entered in the role of state Bar Council and the State Bar Council concerned shall comply with
such direction.
Section 19 - In this Section of the Advocates Act 1961, requires the State Bar Council to send copies
of rolls of advocate to the Bar Council of India. It provides that every State Bar Council shall send to the Bar
Council of India an authenticated copy of the roll of Advocates prepare by it for the first time under this Act
and shall, thereafter, communicate to the Bar Council of India all alterations and addition to, such roll as
soon as the same have been made.
Section 18 of Advocate Act 1961 makes provision in respect of transfer of name from one State roll
to another. It provides that any person whose name is entered as an advocate on the role of any State Bar
Council for the transfer of his name from the roll of State Bar Council to the roll of any other State Bar
Council and on receipt of any such application, the Bar Council of India shall direct that the name of such
person shall, without the payment of any few, be removed from the roll of the first mentioned State Bar
Council and be entered in the roll of the other State Bar Council and State Bar Council concerned shall
comply with such direction.
II) Appointment of committees and Staff members -
Section 9 of the Advocate Act empowers The Bar Council of India to appoint one or more disciplinary
committees, Legal aid committee’s u/s 9-A executive committee u/s 10(2), Legal Education Committee, etc.
Section 11 of the Advocate Act empowered the Bar Council to appoint a secretary and accountant
and such number of other persons as may deem necessary the secretary and accountant, if any shall
possesses such qualification. It is mandatory that the Bar Council shall have a secretary.
III) Maintenance of Advocates etc. -
Section 12 of the Advocate Act requires the Bar Council of India to m maintain such book of accounts
and other books in such form and in such a manner as may be described. The account shall be audited by
the auditor's duly qualified to act as auditors of the companies, at such as times and in such a manner as
maybe prescribed. The Bar Council of India shall send a copy of its accountants together with the copy of
the report of the auditors thereon to the Central Government and shall cause same to be published in the
Gazette of India.
IV) Rules making power -
Harinath Janumpally 13
ETHICS – 5th Semester
The Bar Council of India shall make Rules under the provisions of Section 15 of the Advocate Act.
Section 15(2) of this Act provides that in particular and without prejudice to the generality of the
foregoing power. Such Rules may provide for the election of the members of the Bar Council, chairman and
Vice-chairman, Election disputes, filling of casual vacancies in the Bar Council, power and duties of chairman
and vice-chairman, constitution of one or more funds, organizations of legal aid, and meetings conduct of
business of any committee, management and investment of funds of Bar Council.
Section 49 of the Advocate Act confers on the Bar Council of India general power to make Rules for
discharging its functions under this Act.
V) Power to Punish for Professional or other misconduct -
Section 36 of Advocate Act 1961 empowers the Bar Council of India to punish an Advocate for
professional or other misconduct like suspending advocate from practice for such as it may deem feet and
remove the name of the Advocate from the state roll of Advocate. It has power to dismiss the complaint,
reprimand the Advocate.
VI) Appellate Power -
Section 37 of the Advocate act empowers the Bar Council of India to hear appeal against the order of
Disciplinary Committee of a Bar Council. Every such appeal shall be heard by the disciplinary committee of
Bar Council of India.
Section 38 provides that any person aggrieved by the order passed by the Disciplinary Committee of
Bar Council of India, maybe challenged within 60 days by way of appeal before Supreme Court.
VII) Other powers and functions of Bar Council of India -
• To give such financial assistance as it fit to the State Bar Council in need of funds for the purpose of
performing its function.
• To prevent a citizen of any country from practicing profession of law in India when that country
specified by the central government in this behalf, prevents citizen of India from practicing the
profession of law in their country.
• To call for the record of any proceedings from any State Bar Council or Committee thereof to see
legality and proprietary of such proceeding.
• To give its own order of any of its committee accept the disciplinary committee.
• To give direction to the State Bar Council or any other Committee thereof for the proper and
efficient discharge of the functions of the State Bar Council.
7. Define Disciplinary Committee and what are the powers and functions of disciplinary committee under
the advocates Act, 1961?
Answer: Introduction:
Section 42 of Advocates Act 1961, provides the Powers of Disciplinary Committee of a Bar Council. The
Provisions of this Section are same for both, the State Bar Council as well the Bar Council of India.
Harinath Janumpally 14
ETHICS – 5th Semester
(d) requisitioning any public record or copies thereof from any court or office;
(e) issuing commissions for the examination of witness or documents;
(f) any other matter which may be prescribed:
Provided that no such disciplinary committee shall have the right to require the attendance of —
(a) any presiding officer of a Court except with the previous sanction of the High Court to which
such court is subordinate;
(b) any officer of a revenue court except with the previous sanction of the State Government.
2) All proceedings before a disciplinary committee of a Bar Council shall be deemed to be judicial
proceedings within the meaning of sections 193 and 228 of the Indian Penal Code, 1860, and every such
disciplinary committee shall be deemed to be a civil court for the purposes of sections 480, 482 and 485 of
the Code of Criminal Procedure, 1898.
3) For the purposes of exercising any of the powers conferred by sub-section (1), a disciplinary committee
may send to any civil court in the territories to which this Act extends, any summons or other process, for
the attendance of a witness or the production of a document required by the committee or any commission
which it desires to issue, and the civil court shall cause such process to be served or such commission to be
issued, as the case may be, and may enforce any such process as if it were a process for attendance or
production before itself.
4) Notwithstanding the absence of the Chairman or any member of a disciplinary committee on date
fixed for the hearing of a case before it, the disciplinary committee may, if it so thinks fit, hold or continue
the proceedings on the date so fixed and no such proceedings and no order made by the disciplinary
committee in any such proceedings shall be invalid merely by reason of the absence of the Chairman or
member thereof on any such date:
Provided that no final orders of the nature referred to in sub- section (3) of section 35 shall be made in
any proceeding unless the Chairman and other members of the disciplinary committee are present.
5) Where no final order of the nature referred to in sub-section (3) of section 35 can be made in any
proceedings in accordance with the opinion of the Chairman and the members of a disciplinary committee
either for want of majority opinion amongst themselves or otherwise, the case, with their opinion thereon,
shall be laid before the Chairman of the Bar Council concerned or if the Chairman of the Bar Council is acting
as the Chairman or a member of the disciplinary committee, before the Vice-Chairman of the Bar Council,
and the said Chairman or the Vice Chairman of the Bar Council, as the case may be, after such hearing as he
thinks fit, shall deliver his opinion and the final order of the disciplinary committee shall follow such opinion.
Harinath Janumpally 15
ETHICS – 5th Semester
Law consists of rules made by authority for the proper regulation of community or society. Law means any
set of uniform principles which is generally followed. It if referred to those rules which are issued by the
State for determining the relationship of men in organized manner.
Harinath Janumpally 16
ETHICS – 5th Semester
The court hall where there are cases is composed of two parts, namely:
• The position where the judges are seated is called Bench.
• The position the Advocate is seated is called Bar.
The word ‘Bench’ refers to the judges and the ‘Bar’ refers to the Advocates. Bar-Bench relation implies the
cordial relation between the judges and the Advocates.
Faith in the judiciary to the general public and speedy justice depends primarily on the cordial relationship
between the judges and the lawyers, and the role of the lawyers is equally important to the judges in the
administration of justice. It is their joint responsibility to deliver justice.
Bar-Bench Relations
Administration of Justice isn’t something that just involves the Bench. It also affects the Bench. To preserve
the cordial ties between the Bar and the Bench, mutual respect is necessary. Lawyers and Judges have to
support one another. The bar is the primary recruiting ground for Judges. And they are both a member of
the same culture. Bar and Bench will have cordial relationships with each other. But due to the nature of
the duties to be performed by advocates and judges, occasionally, funny, often heated and often harsh,
they may enter into dialogue.
Scandalizing the court by a lawyer also pollutes the very basis of justice and such behaviour by a lawyer
gives disrepute to the whole administration of justice.
An Advocate’s attitude towards the Tribunal should be one of universal reverence, regardless of the Court’s
position. Advocates Private opinion about the presiding officer, because he has to preserve the integrity of
the judiciary as an institution, he must not demonstrate in his actions. Likewise, it is the judiciary‘s duty not
only to be respectful towards the Bar members but to do everything possible to promote the high traditions
of the Bar.
A lawyer or judge’s uncourteous conduct or wrongdoing can amount to contempt of the court; there are
two forms of contempt of the court. For example, to use insulting language against a judge or to threaten
him with transfer or removal or to approach the judge in a loose manner or to challenge his authority to ask
questions or to make scandalous allegations against a judge etc. It amounts to Court contempt. He is
responsible for his uncourteous act and is punishable by Court for such disrespect. The Court’s contempt
punishment is intended to protect public trust in the Administration of Justice system.
• We should show due respect to the courts, and stop talking ill of the courts and the judiciary.
• They will support the judges in the case trial by explaining the applicable laws in the right and
consistent manner. They should never act in such a way that the judges are annoyed.
Harinath Janumpally 17
ETHICS – 5th Semester
• If the judges issue a false order, the judges should not be blamed. Upon appeal, they will try to set
the wrong order right.
• They should not put pressure on or manipulate the judges to receive favourable orders.
• If the Advocates’ treatment of judges is annoying and arrogant, he does not enter into direct conflict
with the judge. The matter should be discussed with the judge in his chamber through the Bar
Association and he shall request that such misconduct be avoided.
Harinath Janumpally 18
ETHICS – 5th Semester
• Meeting of Judges and Lawyers: At regular intervals meetings of Judges and Advocates are
scheduled to improve the Bar-Bench relationship. The problems of the respective sides can be
addressed in these sessions, and the disagreements can be worked out.
Conclusion
The Colonial System of Judicial Courts has not fully developed into a representative democracy. It is
therefore clear that the principles and thus the relationships between the Bar and the Bench have not fully
evolved as equally responsible functionaries for the proper discharge of legal justice. What the current
situation demands are a cordial and mutually-respectful Bar and Bench with the high aspirations of people’s
welfare and the protection of the constitutional, fundamental and human rights of the aggrieved persons,
citizens and others.
As the Bar and the Bench connect, they should not forget their own long-lasting integrity and the dignity
of the least man you might imagine. Our Father of the Country was also an advocate and his dream was so.
He too was both revered and tried for contempt by the Judges of the Indian Judiciary.
Harinath Janumpally 19