Module 2 Norms of Professional Ethics and Duties:

1. Need and necessity of Professional ethics in the legal profession

2. Professional ethics and duties of advocates towards his clients, Court, public, his
fellow advocates, self, society, duty in imparting training, duty to render legal aid, etc.
3. Restrictions on other Employments
4. Restrictions on advertising
5. Form of Dresses or Robes to be worn by Advocate
6. Rules as to Vakalatnama

Need and Necessity of Professional ethics in the legal profession-

Professional ethics is that code of conduct which lawyers have to observe primarily
with themselves, public at large, their clients and courts during the course of their
profession. Legal ethics may be said to be that body of rules and practice which
determine the professional conduct of lawyers. It is a written code of conduct for
lawyers. The observance of this code of ethics for the legal profession is necessary for
stable growth of a clean and efficient Bar in the country. This code of conduct is
necessary for maintaining dignity of the profession as well as development of cordial
relationship between all persons connected with the legal profession. The fundamental
aim of Legal Ethics is to maintain the honour and dignity of the Law Profession, to
secure a spirit of friendly co-operation between the Bench and the Bar in the
promotion of highest standard of justice, to establish honourable and fair dealings of
the Counsel with his Clients, opponent and witnesses, to establish a spirit of
brotherhood in the Bar itself: and to secure that lawyer discharge their responsibilities
to the community generally.
Thus, professional ethics include professional etiquette. The members of the legal
profession have not only to observe decency, elegance and dignity but also to
maintain cordial relationship among companion lawyers with a bond of brotherhood
and friendliness. The duties and liabilities of lawyers involve a chain of human
relationship, which is tested and tried in their daily routine of life. The lawyer should
be able to accept the challenges of various aspects of life with full mental, moral and
physical faculties to cope with the situations. Besides being competent to maintain
cordial relation with brother-advocates, he should successfully maintain with
satisfaction good relation with the members of the judiciary and the judiciary and the
society at large.

Standards of Professional Conduct

An advocate shall at all times, conduct 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 moral for a person who is not a member of a
Bar, or for a member of the Bar in his non-professional capacity, may still be
improper for an advocate. The rules hereinafter mentioned contain conduct and
etiquette adopted as general guides.
A) Duty to the Court-
Rule 1- An advocate shall, during the presentation of his case and while otherwise
acting before a court, conduct himself with dignity and self-respect.
Rule 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.
Rule 3- An advocate shall not influence the decision of a court by an illegal or
improper means. Private communications with a judge relating to a pending case
are forbidden.
Rule 4- An advocate shall use his best efforts to restrain and prevent his client
from resorting to unfair practices or from doing anything in relation to the court,
opposing counsel or parties which advocate himself ought not to do.
Rule 5- An advocate shall appear in court at all times only in the prescribed dress,
and his appearance shall always be presentable.
Rule 6- An advocate shall not enter appearance, act, plead or practise in any way
before a Court, Tribunal or Authority, if the sole or any member is related to the
advocate as father, son etc.
Rule 7- An advocate neither shall nor wear bands or gown in public places other
than in Courts except on such ceremonial occasions and at such places as the Bar
Council of India or Court may prescribe.
Rule 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 the member of the Executive Committee of such organisation
etc. provided that this rule shall not apply to such a member appearing as amicus
curiae (person allowed by court to represent the unbiased will i.e. to inform and
advise the judge as to matters of fact or law) or without a fee in a matter affecting
the affairs of a Bar Council or Bar Association.
Rule 9- An advocate shall not act or plead in any matter in which he is himself
pecuniary interested. Eg- he shall not act in a bankruptcy petition when he himself
is also a creditor of bankrupt.
Rule 10- An advocate shall not stand as a surety, or certify the soundness of a
surety, for his client required for the purpose of any legal proceedings.

Duty to the Client-

Rule 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 practice at a fee consistent
with his standing at the Bar and the nature of the case.
Rule 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.
Rule 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 a case, it
becomes apparent that he is a witness, he should not continue to appear as an
advocate if he can retire without jeopardising his client’s interests.
Rule 14- An advocate shall, at the commencement of his engagement and during
the continuance, 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 judgement in either engaging him or continuing the
engagement.
Rule 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 guilt of accused, bearing in mind that
his loyalty is to the law which requires that no man should be convicted without
adequate evidence.
Rule 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.
Rule 17-An advocate shall not directly or indirectly commit a breach of the
obligations, i.e. no barrister, attorney, pleader or vakil shall be permitted to
disclose communications made by his client or advice given by him in the course
of his employment except if there is an illegal purpose or showing a crime or
fraud after commencement of his employment.
Rule 18- An advocate shall not act at any time, be a party to fomenting (instigate)
of litigation.
Rule 19- An advocate shall not act on the instructions of any person other than his
client or his authorised agent.
Rule 20- An advocate shall not stipulate for a fee contingent on the results of
litigation or agree to share the proceeds.
Rule 21- An advocate shall not buy or traffic in or stipulate for or agree to receive
any share or interest in any actionable claim.
Rule 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
other person, any property sold in the execution of a decree or order in any suit,
appeal or other proceeding in which he was in any way professionally engaged.
Rule 23- An advocate shall not adjust fee 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.
Rule 24- An advocate shall not do anything whereby he abuses or takes advantage
of the confidence reposed in him by his client.
Rule 25- An advocate should keep accounts of his clients, 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 particulars.
Rule 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 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.
Rule 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.
Rule 28- After 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.
Rule 29- where the fee has been unsettled, the advocate shall be entitled to deduct,
out of any moneys of the client remaining in his hands, at the termination of the
proceedings for which he had been engaged, the fee payable under the rules of the
court or then settled and balance, if any, shall be refunded to the client.
Rule 30- A copy of the clients account shall be furnished to him on demand
provided the necessary copying charge is paid.
Rule 31- An advocate shall not enter into arrangements whereby funds in his
hands are converted into loans.
Rule 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.
Rule 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 act, appear or plead for the opposite party.

Duty to the Opponent-

Section III of Bar Council of India Rules provides for the duties of an advocate to
the opponent party.
According to Rule 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.
Rule 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 the
rules of the court.
In short, it is the duty of an advocate that he should be fair to his opponent. He
should give due importance to his opponent advocate. He should not mislead by
concealing facts to his opponent.

Duty to Colleagues
Section IV of the Bar Council of India Rules describes the duties of an advocate
towards his colleagues.
Rule 36- An advocate shall not solicit work or advertise whether by circulars,
advertisements, personal communications, interview not warranted by personal
relations, newspaper comments or producing photograph to be published in
connection with cases in which he has been engaged. His Sign Board or name
plate or stationary should not indicate that he is or has been President or Member
of a Bar Council or of any association or he has been associated with any person
or organisation or that he specialises in any particular type of work or that he has
been a Judge or an Advocate General.
Rule 37- provides that an advocate shall not permit his professional services or his
name to be used in aid of or to make possible, the unauthorised practice of law by
any law agency.
Rule 38- provides that an advocate shall not accept a fee less than the fee taxable
under the rules when the client is able to pay the same.
Rule 39- An Advocate has to keep his goodwill among his fellow advocates. It is a
matter of professional ethics that an advocate should discourage any client from
changing his counsel. He should not advise such clients that without proper
reasons or necessity, they should not do so for the sake of fair administration of
justice.

Duty in Imparting training- Rule 45 provides that it is improper for an advocate

to demand or accept fees or any premium from any person as a consideration for
imparting training in law under the rules prescribed by a State Bar Council to
enable such person to qualify for enrolment under the Advocates Act,1961.

Duty to render Legal Aid- Rule 46 provides that 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 the society.

Restrictions on other Employment-

Rule 47 provides that an Advocate shall not personally engage in any business but
he may be sleeping partner in a firm doing business provided that, in the opinion
 of the appropriate State Bar Council the nature of the business is not inconsistent
with the dignity of the profession.
Rule 48 lays that an advocate may be 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.
Rule 49- An Advocate shall not be a full-time salaried employee of any person,
government firm, corporation, so long as he continues to practise and shall on
taking up any such employment intimate the fact to the Bar Council on whose roll
his name appears and shall cease to practise as an advocate so long as he
continues in such employment.
Rule 50- An advocate who has inherited or succeeded by survivorship to a family
business may continue it, but may not personally participate in the management.
He may continue to hold shares but cannot personally participate in management.
Rule 51 provides that an Advocate may review Parliamentary Bills for
remuneration, edit legal text books at a salary, coach pupils for legal
examinations, set and examine question papers and subject to the rules against
advertising and full time employment, engage in broad casting, journalism,
lecturing and teaching subjects, both legal and non legal.
Rule 52 nothing in these Rules shall prevent an advocate from accepting, after
obtaining the consent of the State Bar Council, part time employment provided
that in the opinion of the State Bar Council the nature of employment does not
conflict with his professional work and is not inconsistent with dignity of the
profession.

Form of Dresses or Robes to be worn by Advocates

The Bar Council of India Rules states the strict rules for an advocate’s dress code. An
advocate does not have any choice in the matter of dress while appearing in court and
may not be permitted to appear if incorrectly attired.

Rule under Section 49 (1)(GG) of the Act

Advocates, appearing in the Supreme Court, High Court, Subordinate Courts, Tribunals
or Authorities shall wear the following as part of their dress which shall be sober and
dignified:
 Advocates other than lady advocates;

1(a) a black buttoned up coat, chapkan (coat), achkan (knee length coat), black sherwani
and white bands with advocate’s gown, or

(b) a black and full or half sleeve jacket or coat, white shirt, white collar, stiff or soft and
white bands with advocate’s gowns.

In either case long trousers (white, black. Striped or grey) or Dhoti.

Lady advocates:

2(a) Black and full or half–sleeve jacket or blouse, white collar, stiff or soft, and white bands
with advocate’s gowns:

(b) Sarees or long skirts (white or black or any mellow or subdued colour without any print or
design) of flares (white, black or black-striped or gray) or Punjabi dress Churidar-Kurta or
salwar- kurta with or without dupatta) white or black:

Provided that the wearing of advocate’s gown shall be optional except when appearing in the
Supreme Court or in a High Court.

Provided further that in courts other than the Supreme Court, High Court, District Court,
Sessions Court or City Civil Court, a black tie may be worn instead of bands.
Rules as to Vakalatnama

Execution and filing of vakalatnama

An advocate on his filing a vakalatnama duly executed by a party shall be entitled to act as
well as to plead for the party in the manner and to conduct and prosecute all proceedings that
may be taken in respect of such matter or any application connected with the same or any
decree or order passed therein including proceedings in taxation and applications for review,
execution and appeal in the High Court and to take all such other steps as he may be
specifically authorised by the power of attorney.

Certificate of fee-Every Advocate shall before the commencement of the final arguments in
the suit or matter file a certificate showing the amount of fee paid with date of payment or
agreed to be paid to him.

Endorsement in Vakalatnama- No Vakalatnama shall be accepted unless it contains the

following under the signature of the Advocate- i) An endorsement in token of its acceptance,
and ii) The address for service of the Advocate.

Notice of determination of authority of Advocate: A party desiring to obtain an order for

determination of the authority of his Advocate who has filed a vakalatnama on his behalf in a
suit or matter shall do so by application after first giving notice thereof to the Advocate, and
the fact of such notice having been served shall be stated in the affidavit in support of such
application.

Notice of discharge to a client: An Advocate in a suit or matter desiring to obtain an order for
his discharge, shall first give notice of his intended application for discharge to his client and
the fact of such notice having been served shall be stated in the application.

Provided that an Advocate may be discharged by consent of the Advocate and the party by a
letter addressed to the Registrar and signed by the Advocate and the party.