Professional Documents
Culture Documents
Ethics
Ethics
Ethics
Batch: 2017
For the administration of Justice, the judicial system is composed of the judges and the
advocates who assist the judiciary in dispensing justice through discharging their duties. The
Bar and the Bench are two elements of the same system, and without them, justice cannot be
Bar – Advocates are registered by the State Bar Council as such after receiving their degree
of L.L.B from a university and receiving a specific amount of training under the supervision
of an advocate as stipulated by the rules. The advocates are collectively referred to as the
‘Bar,’ and an advocate is designated as the representative of the Bar. For the most part, the
term “Bar” refers to an association of attorneys who are licensed to practice in the courts, or a
Bench – The term “bench” refers to all of the judges taken together, as opposed to the term
“Bar,” which refers to all members of the legal profession. The term “bench” also refers to
the key component of the court deemed in its official capacity while the judges are sitting.
The term ‘Bar’ was originally used to refer to the part of the court that dealt with attorneys.
However, the term is now used to refer to the part of the court that deals with judicial
The Bar and the Bench are considered as the two wheels of a chariot that play a role in
administering the law. Both are subordinate to and interrelated to one another in their
respective roles. In law, the term “Bar-Bench relationship” pertains to the friendly
relationship that advocates have with judges. The Bar (advocates) and the Bench (judges)
both play critical roles in the administration of justice. Maintaining cordial relations between
the Bench and the Bar requires respect and understanding on both sides of the bench and bar.
Role of bar-bench in the administration of justice
The practice of law and the administration of justice is vitally important to each other. There
is no other office in the state that possesses the same level of authority as that of the judge.
Judges carry enormous power, far exceeding that of any other official in the government or
military. The common people’s lives and liberty, individual domestic happiness, property,
and public image are subordinate to the judges’ wisdom, and citizens are held accountable for
their judgments. If judicial power is corrupted, there is no longer any assurance of life, liberty
is forfeited, and there is no longer any guarantee of personal or domestic happiness. A strong
judiciary that is active, unbiased, and competent is the most important thing a state can have.
Judges must carry out their responsibilities due to the importance of judges in the
The administration of justice is not limited to the courtroom. It also has significance for the
Bar. The preservation of cordial relations between the Bar and the Bench necessitates respect
and understanding on both sides of the bar. The roles of attorneys and judges are
supplementary to one another. The primary source of judges’ recruitment is the legal
profession. As a result, they are both members of the same community. The Bar and bench
need to sustain cordial relations with one another. However, because of the nature of the
responsibilities that attorneys and judges must fulfill, they may engage in dialogues that are
stability, and the bar is the cornerstone of that stability. The Bench reflects the
appearance, character, and behavior of the judges as the bench is considered to be a
Those who practice law are just as much a part of the justice delivery system as the
judges themselves, and it is the closest possible harmony between the Bar and the
Bench that will produce the best results in accomplishing the targets embodied in our
Constitution. The Bar and the Bench are two opposing sides of the same coin, as the
saying goes. The administration of justice cannot be successful unless there is unity
between the Bar and the Bench. Otherwise, the required outcomes to maintain the
justice, and such behavior by an advocate tends to bring dishonor to the entire
administration of justice. The behavior of an advocate towards the court is always one
of uniform reverence, regardless of the status of the court in which the case is being
heard. The advocate’s personal view of the judge must not be shown in his conduct
professional organization. At the same time, it is the responsibility of the judiciary not
only to be courteous to members of the Bar but also to do everything in their power to
behavior or misbehavior. There are two types of contempt of court: civil contempt and
against an individual judge, harassing him with transfer or removal from office,
casually addressing the judge, questioning his authority to ask questions, or making
contempt of court.
The opinion about the Bar and Bench relationship has been laid down in the case of
P.D. Gupta v. Ram Murthi and others(1997) in which the primary focus was on how
the relationship between the Bar and the Bench affects the administration of justice.
Facts: Shri Kishan Dass passed away, leaving behind a large amount of immovable property.
Several people made claims to the deceased’s property, including one Vidyawati, who
claimed to be the deceased’s sister, one Ram Murti, and two other people who claimed to be
the deceased’s heirs, among other things. Later, the advocate for Vidyawati bought the
aforementioned properties, knowing full well that they were in dispute. In the following
months, the attorney made a profit by selling the property to a third party. A grievance
against the lawyer was filed with the Delhi Bar Council, which resulted in the attorney being
suspended.
Held: Because the disciplinary committee of the Bar Council of Delhi was unable to resolve
the complaint within a year, the hearings were relocated to the Bar Council of India under
Section 36-B of the Advocates Act, which provides that the complaint must be resolved
within one year. The Bar Council of India’s disciplinary committee put him on trial for
professional misconduct and expelled him from practicing law for one year.
Advocates are court officers, and they are required to aid the court in the
the case to aid the court in reaching an (outcome) in the case. An advocate works in
They should show reverence to the judges and refrain from disparaging the judges or
They should assist the judges in the court hearing of the cases by conveying the
relevant law accurately and understandably during the trial. They should never behave
If the judges make a mistake in their decision, they should not be criticized. They
They should not exert stress or control on the judges to obtain a favorable order. An
advocate should refrain from seeking to manipulate the verdict of the court through
If the judge’s conduct is annoying and disrespectful to the advocates, they should
refrain from engaging in violent talks with the judge in question. The issue should be
addressed with the judge in his chambers, and the Bar Association should make a
It is the responsibility of an advocate to make every effort to constrain and avert his or
A judge is a public official who hears and decides cases in the court of law, thereby
resolving a legal dispute. Judges wield enormous power, far exceeding that of any
other official in the government or military. A judge has to practice the following
steps to preserve and strengthen the relation between Bar and Bench:
In the same way that the advocates respect the judges, the judges should respect the
advocates as well.
It is important for judges to approach the case with an open mind and to do so without
bias or prejudice, as appropriate. They will act in a manner that is beneficial to the
interests of justice. They will give the advocates sufficient time to present their case in
its entirety.
Judges are expected to act in a fair and unbiased manner. They are not permitted to
When required, judges should refrain from interfering with the lawyer’s interviews of
be harmed by undue intrusion and disparaging messages from the judges, and he may
confined to the following factors: avoiding reiteration and time-wasting, checking for
In the course of administering justice, the courts are frequently called upon to
decipher the law’s rules, directives, regulations, codes, bylaws, circulars, notices, and
should be provided to provide full justice to the parties involved in the situation.
Adjournments are granted to allow the parties a reasonable amount of time to present
their arguments. Cases will not be adjourned where possible unless there are
causes the parties to suffer financial difficulties is the most common cause of
possible as well. When older cases are given priority over new cases, new cases
Judges should refrain from making unjustified public remarks about a lawyer’s lack of
legal insight in open court. They should not ask any lawyer to leave the trial unless
they have a compelling reason to do so. Likewise, they should not request that any
Judges will have a thorough understanding of the law. They should be able to apply
the appropriate legislation to the evidence available and come to the best possible
The foremost duty of ensuring and preserving judicial independence relies upon the
treated with respect, both personally and intellectually. There should be something to
This entails a lot of hard work and extensive research done on a regular and
comprehensive basis. A judge’s knowledge should be kept up to date with the most
Briefings of judges and advocates are scheduled at regular intervals to strengthen the
relationship between the Bar and the Bench. During these sessions, the problems of
the opposing sides can be discussed, and the differences can be resolved through
discussion.
Judges. The Bar (Advocates) and Bench (Judges) play an important role in the administration
of justice. The judges administer the law with the assistance of the lawyers. The lawyers are
the officers of the court. They are expected to assist the court in the administration of justice.
As the officers of the court the lawyers are required to maintain respectful attitude toward the
court bearing in mind that the dignity of the judicial office is essential for the survival of the
society. Mutual respect is necessary for the maintenance of the cordial relations between the
The opinion of our Supreme Court in the context of Bench- Bar Relation has been clearly laid
down in P.D. Gupta v. Ram Murti and Others as follows: "A lawyer owes a duty to be fair
not only to his client but also to the court as well as to the opposite party in the conduct of the
case. Administration of justice is a stream which has to be kept pure and clean. It has to be
kept unpolluted. Administration of justice is not something which concerns the Bench only. It
concerns the Bar as well. The Bar is the principal ground for recruiting judges. Nobody
should be able to raise a finger about the conduct of a lawyer. Actually judges and lawyers
are complementary to each other. The primary duty of the lawyer is to inform the court as to
the law and facts of the case and to aid the court to do justice by arriving at the correct
conclusions. Good and strong advocacy by the counsel is necessary for the good
administration of justice. Consequently, the counsel must have freedom to present his case
fully and properly and should not be interrupted by the judges unless the interruption is
necessary."
In Mahant Hakumat Rai v. Emperor the Lahore High Court had held that "Without failing in
respect to Bench, it is the duty of the members of the Bar to assert their just rights to be
heard by the tribunal before which they are practising. They should be fearless and
independent in the discharge of their duties, and would be perfectly right in protesting against
irregular procedure on the part of any judge; and if the advocate is improperly checked or
found fault with, he should vindicate the independence of the Bar. He would be perfectly
justified in insisting on getting a proper hearing and he would be perfectly right to object to
any interruption with the course of his argument such as to disturb him in doing his duty to
his client. Plenary powers vested in the Presiding Officer of the Court, apart from the fact that
they have rarely been used against members of the legal profession so far, should only be
used to vindicate the honour of the court or to satisfy the necessities of public justice and not
as a matter of course." It may, however, be noted that the presence of professional etiquette
coupled with recognition by judiciary of the importance of an independent Bar, will work
together to minimise the possibility of confrontation between the Bench and the Bar.
To conclude this part we can say that, a free and fearless Bar is not to be preferred to an
independent judiciary, nor an independent judiciary to a free bar. Neither has a primacy over
the other. Both are indispensable to a free society. The freedom of the Bar presupposes an
One of the potent means for assuring judges of their independence is responsible, well-
behaved, cultured and, learned Bar. Finally, reciprocal adjustment of conduct by the Bench
and the Bar is the keystone to the smooth functioning of courts in general interest of the
society.
JUSTICE:
the legal system and a public citizen having special responsibility for the quality of justice;
2. As a representative of clients, a lawyer performs various functions. As advisor, a lawyer
provides a client with an informed understanding of the client's legal rights and obligations
and explains their practical implications. As advocate, a lawyer zealously asserts the client's
position under the rules of the adversary system. As negotiator, a lawyer seeks a result
advantageous to the client but consistent with requirements of honest dealings with others. As
an evaluator, a lawyer acts by examining a client's legal affairs and reporting about them to
a nonrepresentational role helping the parties to resolve a dispute or other matter. Some of
these Rules apply directly to lawyers who are or have served as third-party neutrals - Rules
1.12 and 2.4. In addition, there are Rules that apply to lawyers who are not active in the
practice of law or to practicing lawyers even when they are acting in a nonprofessional
capacity. For example, a lawyer who commits fraud in the conduct of a business is subject to
4. In all professional functions a lawyer should be competent, prompt and diligent. A lawyer
should maintain communication with a client concerning the representation. A lawyer should
5. A lawyer's conduct should conform to the requirements of the law, both in professional
service to clients and in the lawyer's business and personal affairs. A lawyer should use the
law's procedures only for legitimate purposes and not to harass or intimidate others. A lawyer
should demonstrate respect for the legal system and for those who serve it, including judges,
other lawyers and public officials. While it is a lawyer's duty, when necessary, to challenge
the rectitude of official action, it is also a lawyer's duty to uphold legal process;
6. As a public citizen, a lawyer should seek improvement of the law, access to the legal
system, the administration of justice and the quality of service rendered by the legal
law beyond its use for clients, employ that knowledge in reform of the law and work to
strengthen legal education. In addition, a lawyer should further the public's understanding of
and confidence in the rule of law and the justice system because legal institutions in a
the fact that the poor, and sometimes persons who are not poor, cannot afford adequate legal
assistance.
Therefore, all lawyers should devote professional time and resources and use civic influence
to ensure equal access to our system of justice for all those who because of economic or
social barriers cannot afford or secure adequate legal counsel. A lawyer should aid the legal
profession in pursuing these objectives and should help the bar regulate itself in the public
interest;
Conduct, as well as substantive and procedural law. However, a lawyer is also guided by
personal conscience and the information relating to representation of a client except so far as
8. A lawyer's conduct should conform to the requirements of the law, both in professional
service to clients and in the lawyer's business and personal affairs. A lawyer should use the
law's procedures only for legitimate purposes and not to harass or intimidate others. A lawyer
should demonstrate respect for the legal system and for those who serve it, including judges,
other lawyers and public officials. While it is a lawyer's duty, when necessary, to challenge
the rectitude of official action, it is also a lawyer's duty to uphold legal process;
9. As a public citizen, a lawyer should seek improvement of the law, access to the legal
system, the administration of justice and the quality of service rendered by the legal
law beyond its use for clients, employ that knowledge in reform of the law and work to
strengthen legal education. In addition, a lawyer should further the public's understanding of
and confidence in the rule of law and the justice system because legal institutions in a
the fact that the poor, and sometimes persons who are not poor, cannot afford adequate legal
assistance.
Therefore, all lawyers should devote professional time and resources and use civic influence
to ensure equal access to our system of justice for all those who because of economic or
social barriers cannot afford or secure adequate legal counsel. A lawyer should aid the legal
profession in pursuing these objectives and should help the bar regulate itself in the public
interest;
Professional Conduct, as well as substantive and procedural law. However, a lawyer is also
guided by personal conscience and the courts; To the extent that lawyers meet the obligations
of their professional calling, the occasion for government regulation is obviated. Self
regulation also helps maintain the legal profession's independence from government
11. The legal profession's relative autonomy carries with it special responsibilities of self-
government. The profession has a responsibility to assure that its regulations are conceived in
the public interest and not in furtherance of parochial or self-interested concerns of the bar.
Every lawyer is responsible for observance of the Rules of Professional Conduct. A lawyer
should also aid in securing their observance by other lawyers. Neglect of these
responsibilities compromises the independence of the profession and the public interest
which it serves;
12. Lawyers play a vital role in the preservation of society. The fulfillment of this role
requires an understanding by lawyers of their relationship to our legal system. The Rules of
Court, there are two Types of Contempt of Court. for example, using insulting language
against a judge or threatening him with transfer or impeachment or addressing the judge in a
loose manner or questioning his authority to ask questions or making scandalous allegations
against a judge etc. It amounts to contempt of Court. He is liable for his un courteous act and
punishable for such contempt of Court. The punishment for contempt of Court is intended to
Bar-Bench Relation in law refers to the cordial relationship between the Advocates and the
Judges. The Bar (Advocates) and Bench (Judges) play an important role in the administration
of justice. The judges administer the law with the assistance of the lawyers. The lawyers are
the officers of the court. They are expected to assist the court in the administration of justice.
As the officers of the court the lawyers are required to maintain respectful attitude toward the
court bearing in mind that the dignity of the judicial office is essential for the survival of the
society. Mutual respect is necessary for the maintenance of the cordial relations between the
Bench and Bar. The opinion of our Supreme Court in the context of Bench Bar Relation has
been clearly laid down in P.D. Gupta v. Ram Murti and Others as follows: "A lawyer owes a
duty to be fair not only to his client but also to the court as well as to the opposite party in the
conduct of the case. Administration of justice is a stream which has to be kept pure and clean.
It has to be kept unpolluted. Administration of justice is not something which concerns the
Bench only. It concerns the Bar as well. The Bar is the principal ground for recruiting judges.
Nobody should be able to raise a finger about the conduct of a lawyer. Actually judges and
lawyers are complementary to each other. The primary duty of the lawyer is to inform the
court as to the law and facts of the case and to aid the court to do justice by arriving at the
correct conclusions. Good and strong advocacy by the counsel is necessary for the good
administration of justice. Consequently, the counsel must have freedom to present his case
fully AIR 1998 SC 283. and properly and should not be interrupted by the judges unless the
interruption is necessary."
In Mahant Hakumat Rai v. Emperor the Lahore High Court had held that "Without failing in
respect to Bench, it is the duty of the members of the Bar to assert their just rights to be heard
by the tribunal before which they are practising. They should be fearless and independent in
the discharge of their duties, and would be perfectly right in protesting against irregular
procedure on the part of any judge; and if the advocate is improperly checked or found fault
with, he should vindicate the independence of the Bar. He would be perfectly justified in
insisting on getting a proper hearing and he would be perfectly right to object to any
interruption with the course of his argument such as to disturb him in doing his duty to his
client. Plenary powers vested in the Presiding Officer of the Court, apart from the fact that
they have rarely been used against members of the legal profession so far, should only be
used to vindicate the honour of the court or to satisfy the necessities of public justice and not
as a matter of course." It may, however, be noted that the presence of professional etiquette
coupled with recognition by judiciary of the importance of an independent Bar, will work
together to minimize the possibility of confrontation between the Bench and the Bar. To
conclude this part we can say that, a free and fearless Bar is not to be preferred to an
independent judiciary, nor an independent judiciary to a free bar. Neither has a primacy over
the other. Both are indispensable to a free society. The freedom of the Bar presupposes an
independent judiciary through which that freedom may, if necessary, be vindicated. One of
the potent means for assuring judges of their independence is responsible, well- behaved,
Finally, reciprocal adjustment of conduct by the Bench and the Bar is the keystone to the
Advocacy is a noble profession and an advocate is the most accountable, privileged and
erudite person of the society and his act are role model for the society, which are necessary to
advocate. Chapter V of the Advocate Act, 1961, deals with the conduct of Advocates. It
describes provisions relating to punishment for professional and other misconducts. Section
35(1) of the Advocate Act, 1961, says, where on receipt of a complaint or otherwise a State
Bar Council has reason to believe that any advocate on its roll has been guilty of professional
or other misconduct, it shall refer the case for disposal to it disciplinary committee. Generally
legal profession is not a trade or business, it’s a gracious, noble, and decontaminated
profession of the society. Members belonging to this profession should not encourage
deceitfulness and corruption, but they have to strive to secure justice to their clients. The
credibility and reputation of the profession depends upon the manner in which the members
of the profession conduct themselves. It’s a symbol of healthy relationship between Bar and
Bench.
The Advocates Act, 1961 as well Indian Bar Council are silent in providing exact definition
for professional misconduct because of its wide scope, though under Advocates Act, 1961 to
take disciplinary action punishments are prescribed when the credibility and reputation on the
profession comes under a clout on account of acts of omission and commission by any
Profession is a vocation requiring some significant body of knowledge that is applied with
high degree of consistency in the service of some relevant segment of society, by Hodge and
Johnson. Occupation especially one requiring advanced education and special training by A.
S. Hornby. It is different from other types of jobs, in the sense that it requires skills and these
the desire for monetary rewards. A person who carries/undertakes the profession is called a
special name relevant to the professional misconduct, according to Oxford dictionary means a
misconduct in the simple sense means improper conduct. In law profession misconduct
means an act done willfully with a wrong intention by the people engaged in the profession.
It means any activity or behaviour of an advocate in violation of professional ethics for his
selfish ends. If an act creates disrespect to his profession and makes him unworthy of being in
the profession, it amounts to professional misconduct. In other word an act which disqualifies
To understand the scope and implication of the term ‘misconduct’, the context of the role and
expression, and need not necessarily imply the involvement of moral turpitude. ‘Misconduct’
per se has been defined in the Black’s Law Dictionary to be “any transgression of some
established and definite rule of action, a forbidden act, unlawful or improper behavior, willful
in character, a dereliction of duty.” In a different context, the Supreme Court has opined that
the word “misconduct” has no precise meaning, and its scope and ambit has to be construed
with reference to the subject matter and context wherein the term occurs. In the context of
misconduct of an advocate, any conduct that in any way renders an advocate unfit for the
may be considered to amount to misconduct, for which disciplinary action may be initiated.
Darling J, defined the expression professional misconduct in, In re A Solicitor ex parte the
It is shown that the advocate in the pursuit of his profession has done some thing with regard
brethren of good repute and competeny, then it is open to say that he is guilty of professional
malfeasance and is applied to the professional people, it include unprofessional acts even
though they are not inherently wrongful. The professional misconduct may consist the fact in
any conduct, which tends to bring reproach on the legal profession or to alienate the
favourable opinion which the public should entertain concerning it. In state of Punjab v Ram
Singh the supreme Court held that the term misconduct may involve moral turpitude, it must
transgression of established and definite rule of action or code of conduct, but not mere error
The Supreme Court has, in some of its decisions, elucidated on the concept of ‘misconduct’,
and its application. In Sambhu Ram Yadav v. Hanuman Das Khatry, a complaint was filed by
the appellant against an advocate to the Bar Council of Rajasthan, that while appearing in a
suit as a counsel, he wrote aletter stating that the concerned judge, before whom the suit is
pending accepts bribes, and asked for Rs. 10,000 to bribe and influence the judge to obtain a
favourable order. The Disciplinary Committee, holding that the advocate was guilty if
“misconduct”, stated that such an act made the advocate “totally unfit to be a lawyer.” The
Supreme Court, upholding the finding of the Rajasthan Bar Council held that the legal
profession is not a trade or business. Members belonging to the profession have a particular
duty to uphold the integrity of the profession and to discourage corruption in order to ensure
that justice is secured in a legal manner. The act of the advocate was misconduct of the
highest degree as it not only obstructed the administration of justice, but eroded the
In another case, Noratanman Courasia v. M. R. Murali the Supreme Court explored the
amplitude and extent of the words “professional misconduct” in Section 35 of the Advocates
Act. The facts of the case involved an advocate (appearing as a litigant in the capacity of the
respondent, and not an advocate in a rent control proceeding) assaulted and kicked the
complainant and asked him to refrain from proceeding with the case. The main issue in this
case was whether the act of the advocate amounted to misconduct, the action against which
could be initiated in the Bar Council, even though he was not acting in the capacity of an
advocate. It was upheld by the Supreme Court that a lawyer is obliged to observe the norms
of behavior expected of him, which make him worthy of the confidence of the community in
him as an officer of the Court. Therefore, inspite of the fact that he was not acting in his
capacity as an advocate, his behavior was unfit for an advocate, and the Bar Council was
justified in proceeding with the disciplinary proceedings against him. It may be noted that in
arriving at the decision in the case, the Supreme Court carried out an over-view of the
jurisprudence of the courts in the area of misconduct of advocates. It reiterated that the term
violation of a rule of standard of behavior. The term may also include wrongful intention,
precise definition, acquires its connotation from the context, the delinquency in its
performance and its effect on the discipline and the nature of duty.
In N.G. Dastane v. Shrikant S. Shind, where the advocate of one of the parties was asking for
continuous adjournments to the immense inconvenience of the opposite party, it was held by
the Supreme Court that seeking adjournments for postponing the examination of witnesses
who were present without making other arrangements for examining such witnesses is a
dereliction of the duty that an advocate owed to the Court, amounting to misconduct.
Ultimately, as it has been upheld and reiterated that “misconduct” would cover any activity or
conduct which his professional brethren of good repute and competency would reasonably
regard as disgraceful or dishonourable. It may be noted that the scope of “misconduct” is not
restricted by technical interpretations of rules of conduct. This was proven conclusively in the
case of Bar Council of Maharashtra v. M.V. Dahbolkar. The facts under consideration
involved advocates positioning themselves at the entrance to the Magistrate’s courts and
rushing towards potential litigants, often leading to an ugly scrimmage to snatch briefs and
undercutting of fees. The Disciplinary Committee of the state Bar Council found such
behavior to amount to professional misconduct, but on appeal to the Bar Council of India, it
was the Bar Council of India absolved them of all charges of professional misconduct on the
ground that the conduct did not contravene Rule 36 of the Standards of Professional Conduct
and Etiquette as the rule required solicitation of work from a particular person with respect to
a particular case, and this case did not meet all the necessary criteria, and such method of
solicitation could not amount to misconduct. This approach of the Bar council of India was
heavily reprimanded by the Supreme Court. It was held that restrictive interpretation of the
relevant rule by splitting up the text does not imply that the conduct of the advocates was
warranted or justified. The standard of conduct of advocates flows from the broad cannons of
ethics and high tome of behavior. It was held that “professional ethics cannot be contained in
a Bar Council rule nor in traditional cant in the books but in new canons of conscience which
will command the member of the calling of justice to obey rules or morality and utility.”
The Advocates Act 1961 is a comprehensive legislation that regulates the legal practice and
legal education in India. It envisages for the establishment of Bar Council of India and State
Bar Councils with various disciplinary committees to deal with misconduct of the advocates.
It also provides for the provisions relating to the admission and enrolment of advocates and
advocates right to practice. Chapter V containing sections 35 to 44 deals with the conduct of
the advocates. It provides for punishment for advocates for professional and other misconduct
and disciplinary powers of the Bar council of India. In order to attract the application of
section 35 of the advocates act the misconduct need not be professional misconduct alone.
The expression used in the section is Professional or other misconduct. So even conduct
unconnected with the profession may account to a misconduct as for example, conviction for
a crime, though the crime was not commited in the professional capacity. At the same time it
misconduct, the court must look in to the nature of the act on which the conviction is based to
decide whether the advocate is or is not an unfit person to be removed from or to be allowed
other misconduct must be understood in their plain and natural meaning and there is no
justification in restricting their natural meaning. The term misconduct usually implies an act
done willfully with a wrong intention and as applied to professional people it includes
unprofessional acts even though such acts are not inherently wrongful.
regulating standards of professional conduct. Accordingly various duties are prescribed for
advertise work and amounts to a misconduct on the part of the advocate. Both direct and
indirect advertising is prohibited. An advocate may not advertise his services through
personal relations. Similarly, the following forms of indirect advertising are prohibited:
(i) By issuing circulars or election manifestos by a lawyer with his name, profession
and address printed On the manifestos, thereby appealing to the members of the
(ii) Canvassing for votes by touring in the province or sending out his clerk or agents
or was associated with any person or organization or with any Particular cause or
matter.
Not to demand fees for training; An advocate is restrained from demanding any fees for
professional services or His name to be associated with, or be used for any unauthorized
Not to enter appearance without consent of the advocate already engaged: an advocate is
prohibited from Entering appearance in a case where there is already another advocate
engaged for a party except with the Consent of such advocate. However if such consent is
not produced, the advocate must state the reasons For not producing it, and may appear
Duty to opposite party:- While conducting a case, a lawyer has a duty to be fair not only to
his client but Also to the court, and to the opposite party. An advocate for a party must
communicate or negotiate with The other parties regarding the subject matter of controversy,
only through the opposite party’s advocate. If an advocate has made any legitimate promises
to the opposite party, he should fulfill the same, even if The promise was not reduced to
Duties of an advocate towards his client: The relationship between a lawyer and a client is
highly Fiduciary and it is the duty of an advocate fearlessly to uphold the interests of the
client by fair and Honourable means without regard to any unpleasant consequences to
The above are only few important code of conduct to be observed by an advocate practicing
in India. According to Justice Abbot Parry, there are seven important qualities that a lawyer
should possess, he call These qualities as seven lamps of advocacy, they are; Honesty,
Courage, Industry, Wit, eloquence, Judgement, and Fellowship. Apart from that the
panchsheel of the bar are Honesty, Industry, Justice, Service and Philisophy and Panchsheel
of the bench according to Sri ram Kishore Rande are, Impartiality, Independence, Integrity
and Industry, Judicial activism and Prayer. Among the various duties of the Advocates like,
duties to client, court, public, colleagues and self, selected points can be picked up and
Arranged according to the due and relative importance and are called as ten commandments
of advocates.
They are;
a) Duties to client
b) Duties to court
c) Duties to Public
5) Service
d) Duties to colleagues
7) Fellowship
8) Fairness
e) Duties to self
9) Systematic study
The rules laid down by the Bar Council of India forms the code of conduct for advocates and
in broad sense any violation of such rules or code of conduct can be termed as professional
misconduct. The scope of the term has been still widened by the Supreme Court in various
decisions. Instances of Misconduct Legal Practitioners act 1879 has not defined the word
Misconduct. The word Unprofessional conduct is used in the act. Even the Advocates Act
1961 has not defined the term misconduct because of the wide scope and application of the
term. Hence to understand the instances of misconduct we have to rely on decided cases.
1) Dereliction of duty
2) Professional negligence
3) Misappropriation
4) Changing sides
11) Moving application without informing that a similar application has been rejected
by another authority
Conclusion
An independent and fearless Bar is not preferred over an independent Bench, similarly, an
independent Bench is also not preferred over an independent and fearless Bar, neither of
them is superior over the other, both are essential for a free society. The freedom given to the
Bar requires an independent judiciary, through which if necessary the freedom that is given
to the Bar, be vindicated. A well-behaved, responsible, cultured, and a leaned Bar is one of
the potent means for assuring judges their independence. Finally, the keystone for the
smooth functioning of the courts in the general interest of the society is the reciprocal
Judicial Scrutiny
Colonial Courts have not yet fully developed into a representative democracy. Thereby
charged with administering justice. What is required now is an amicable and mutually
respected Bar and Bench with lofty aims for the public good and the protection of aggrieved
people’, citizens’ and others’ constitutional and basic rights. They should not lose sight of
their own integrity or the dignity of the tiniest guy possible while they work together. Our
Country’s Father desired to be an advocate. Judges in India regarded him with reverence and
In the administration of justice, the Bar and the Bench play a vital role in being the two most
important organs; they share a common duty in ensuring that justice is administered properly
and effectively. Given the fact that both are national assets of our nation, they must therefore
coordinate and work cooperatively with one another, as well as stay cautious together, in
A reputed and unbiased judiciary, as well as a powerful bar, are required to maintain the
system of democracy and independence under the rule of law in the country. Furthermore, the
lawyers must have the impression that they were given a fair court hearing and that their
issues would be addressed by an unbiased and credible attorney, among other things.
It is critical for the productive discharge of the court’s duties that the high level of optimism,
prestige, and dignity that they have admired throughout their careers be sustained and not
weakened in any manner. Whether it is judges or lawyers, they bear the main duty of
Bibliography
Primary Sources
http://law.uok.edu.in/Files/5ce6c765-c013-446c-b6ac-b9de496f8751/Custom/P.E.
%20UNIT_3.pdf
Bahraiz Irani & Malcolm katrak “ Battle of the bar and bench”
http://www.allahabadhighcourt.in/event/RoleoftheBenchandtheBarMHBeg.pdf
Secondary Sources:
List of Books:
Bench bar relations by J. P. Sirohi
Professional ethics and bench bar relations central law agency 5th edition
List of websites
http://legalbites.com
http://wiki.org
http://indiankanoon.org
http://legalservices.com
Cases: