PROFESSIONAL ETHICS

& PROFESSIONAL
ACCOUNTING SYSTEM
 CONTEXT
TOPIC

I. DEVELOPMENT OF LEGAL PROFESSION IN INDIA

II. EQUIPMENTS OF ADVOCATE :

III. GENERAL CONDUCT OF A ADVOCATE AND ADVOCATE CONDUCT IN COURT

IV. ELEMENTS OF ADVOCACY

V. SEVEN LAMPS OF ADVOCACY

VI. ADVOCACY IS NOT A CRAFT BUT A CALLING
VII. SUGGESTIONS OF K.V.KRISHNASWAMY AIYER ON MEETING THE CLIENTS

VIII. BAR COUNCILS

IX. PRIVILEGES,RIGHTS AVAILABLE AND DISABILITIES OF THE ADVOCATE

X. FEATURES OR OBJECTIVE OF PASSING ADVOCATE ACT :

XI. RIGHT TO PRACTICE IS A RIGHT BUT NOT A PRIVILEGE :

XII. APPLICATION ONCE REFUSED NOT TO BE ENTERTAINED BY ANOTHER BAR

COUNCIL EXCEPT IN CERTAIN CIRCUMSTANCES

Unit – I ADVOCATES ACT, 1961

I. DEVELOPMENT OF LEGAL PROFESSION IN INDIA

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 The term legal profession includes all those categories of persons who use technical, legal
knowledge and skills in the course of performing there occupational role and duties.

Ancient India :

The profession of law has been recognized as a profession of high calling and the noblest order from
the time of immortal.
1. In ancient India law was understood as a part of DARMA.
2. In the two epics RAMAYANA and MAHABHARATHA contains the legal processes in ancient India.
3. Vedas are the original source of law.
4. Smurtis are the legal base.
5. Kautilya’s Arthasastra and Chalukya’s separate law system remembers the ancient legal system in
India.

Medieval era :

1. There was less scope compare to the ancient days.

2. Most of the issues settled outside the courts.
3. Vakils, panchas are the major law deciders.

British regime :

1. British established the first British court at Bombay in 1672 by the governor general Aungier.
2. For making their administration Strong, they established Supreme court at Calcutta in 1773 and
appointed many advocates.
3. They passed many acts as follows :
 Charter act 1762
 Charter act 1774
 Legal practitioner act 1846
 Legal practitioner act 1853
 Legal practitioner act 1863
 Legal practitioner act 1879
 Indian BAR Council act 1926.

After Independence :

1. The constitution of India came into existence on 25 jan 1950.

2. All India bar committee was established in 1951.
3. Advocate act was passed in 1961.
4. And other various law reforms.

II. EQUIPMENTS OF ADVOCATE :

The general equipments of an advocates are :
1. Honesty, Integrity and character. 6. Study of law reports.
2. Patience and perseverance. 7. Manners in court.
3. Legal learning. 8. Presentation of case.
4. General education 9. Independence and dignity.
5. Memory 10. Use of legal phraseology.

III. GENERAL CONDUCT OF A ADVOCATE AND ADVOCATE CONDUCT IN COURT :

SL No. General Advocate conduct in court
conduct of

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 a advocate
1 Public a) The advocate's independence or integrity;
2 Interest. b) A person's freedom to instruct an advocate of
3 Protection his or her choice;
4 of c) The advocate's duty to act in the best interests
5
6 fundamental of the client;
rights and d) The good repute of the advocate or of the
duties. advocates' profession;
Honor and e) The advocate's proper standard of work;
Dignity. f) The advocate's duty to the Court.
Friendly co-
oparation
Fair
dealings
with clients
Sprit off
brotherly-
hood

IV. ELEMENTS OF ADVOCACY

a)     Accept brief in the Court

An advocate is a person who argues in favour of his clients in courts of justice. An advocate is bound to
accept any brief in the Courts or Tribunals or before any other authority in or before which he professes to
practice at a fee consistent which his standing at the bar and the nature of the case.

b)     Filing the case

In civil cases a suit is required to be instituted by presenting a plaint to the court. The statement of a plaint
regarding his claim is taken as a plaint

c)     Pleading
The fundamental principles of pleading are four:

1)  Every pleading must state fact and no law;

2)  It must state all the material facts;
3)  It must state only the facts on which the party pleading relies, and not the evidence; and       
4)  It must state facts concisely but with precision and certainty.

d)     Examination-in-Chief
Examination-in-chief is the way in which advocates present almost all of the evidence through witnesses,
whether as counsel for plaintiff or defendant. Examination of expert witnesses and the admission of expert
opinions are also vital part of advocacy for which special skill is to be achieved according to the expert
evidence.

e)     Cross-examination
The examination of a witness by the adverse party shall be called his cross examination. Witnesses shall
be first examined-in-chief then cross-examined, later re-examined. The witness may be cross-examined to
show his bias or prejudice, to show an interest in the outcome of the case.

f)       Re-examination
The examination of a witness subsequent to the cross-examination by the party who called him is called re-
examination.

g)     Arguments
In arguing a case strongest points should be emphasised and the weak points should not be raised as far

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as possible. Arguments on each issue should be written out.

h)     Appeals
Arguing of appeals in a Court of Law is also of considerable importance. In the judgment, the Judge will
have some reasonable ground. A careful study of the case is required to find the points which were not
noticed by the Court.

V. SEVEN LAMPS OF ADVOCACY

VI. ADVOCACY IS NOT A CRAFT BUT A CALLING
Advocacy is an honourable profession. Advocates are part and parcel of Court. Their efforts solve the
conflicts in the society. Advocates defend the rights and liabilities. They hold unique place in the society.
Advocacy is not a craft but a calling; a profession wherein devotion to duty constitutes the hallmark.

Legal profession is regarded to be a noble one. A good advocate should possess some essential qualities
and equipment. Judge Abbot parry in his book “The Seven Lamps of Advocacy” called these important
characteristics of advocacy as “seven lamps of advocacy” and listed them as honesty, courage, industry,
wit, eloquence, judgment and fellowship.

1)     Honesty
Honesty means the quality of straightforwardness; freedom from deceit, cheating or stealing and not telling
lies. The best advocates of all generations have been devotees of honesty. Example for honest character is
Abraham Lincoln, who founded his fame and success on what some called ‘preserve honesty’. The
nobleness of legal profession lies in honesty itself.

2)     Courage
Courage is the quality that enables a person to control fear in the face of danger, pain, misfortune, etc.; an
advocate must possess courage. He should face the pressures from outside with courage

3)     Industry
Advocacy is needed a life of industry. An advocate must study his brief in the same way that an actor
studies his part. Success in advocacy is not arrived at by intuition but through industry. Industry is the
quality of being hard-working; being always employed usefully.

4)     Wit
Wit means clever and humorous expression of ideas; liveliness of spirit. Wit flows from intelligence;

5)     Eloquence
The success of an advocate depends upon his eloquence. Eloquence means fluent speaking and skilful
use of language to persuade or to appeal to the feelings of others. Fluent speaking impresses the listener

6)     Judgment
Judgment is an intellectual capacity, ‘the inspiration which enables a man to translate good sense into right
action’. In judgment one has to estimate, consider and form an opinion about the issues with good sense
and ability.

7)     Fellowship
Fellowship means the membership in friendly association or companionship. Fellowship is exactly like great
public schools, the boys of which have grown older, and have exchanged boyish for manly objects. Though
the advocates are opponent parties before the bench but not enemies with each other.

(7+1) Tact K.V.Krishnaswamy Aiyer, in his book “Professional Conduct and Advocacy” adds one more

lamp i.e. tact. Tact means handling people and situations skilfully and without causing offence. An advocate
must be in a position to tackle and win his client, opponent party, opponent advocate in a smoother way.

VII. SUGGESTIONS OF K.V.KRISHNASWAMY AIYER ON MEETING THE CLIENTS :

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 1. Prepare in advance for the meeting. 6. Create an agenda.
2. Ware suitable cloths. 7. Offer beverages.
3. Use of board room. 8. Listen carefully to the clients.
4. Start on time. 9. Give business card.
5. Greet clients by name. 10. Fallow up.

VIII. BAR COUNCILS

Sec 3 STATE BAR COUNCILS

(1) There shall be a Bar Council for each of to be known as the Bar Council of that
State;

(2) A State Bar Council shall consist of the following members,namely:—

(a) in the case of the State Bar Council of Delhi, the Additional Solicitor General of India ex
officio in the case of the other State Bar Council ex officio; in the case of the State Bar
Council of Punjab and Haryana, the Advocate-General of each of the State of Punjab and
Haryana, ex-officio; and in the case of any other State Bar Council, the Advocate-General
of the State, ex officio;

Sec 4 BAR COUNCIL OF INDIA.—

(1) There shall be a Bar Council for the territories to which this Act extends to be known
as the Bar Council of India which shall consist of the following members, namely:—

(a) the Attorney-General of India, ex officio;

(b) the Solicitor-General of India, ex officio;
(c) one member elected by each State Bar Council from amongst its members.

(1A) No person shall be eligible for being elected as a member of the Bar Council of India
unless he possesses the qualifications specified
Sec 6
(2) There shall be a Chairman and a Vice-Chairman of the Bar Council of India elected by
the Council in such manner as may be prescribed.

Functions of Bar Councils.

(1) The functions of a State Bar Council shall be—

(a) to admit persons as advocates on its roll;
(b) to prepare and maintain such roll;
(c) to entertain and determine cases of misconduct against advocates on its roll;
(d) to safeguard the rights, privileges and interests of advocates on its roll;
(dd) to promote the growth of Bar Associations for the purposes of effective
implementation of the welfare schemes
(e) to promote and support law reform;
(ee) to conduct seminars and organize talks on legal topics by eminent jurists and publish
journals and paper of legalinterest;
(eee) to organise legal aid to the poor in the prescribed manner;]
(f) to manage and invest the funds of the Bar Council;
(g) to provide for the election of its members;

Sec 7 FUNCTIONS OF BAR COUNCIL OF INDIA.—

(1) The functions of the Bar Council of India shall be—

a) to lay down standards of professional conduct and etiquette for advocates;
b) to lay down the procedure to be followed by its disciplinary committee and the
disciplinary committee of each State Bar Council;

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 c) to safeguard the rights, privileges and interests of advocates;
d) to promote and support law reform
e) to exercise general supervision and control over State Bar Councils;
f) to promote legal education and to lay down standards of such education in
consultation with the Universities in India imparting such education and the State
Bar Councils;

POWERS OF BAR COUNCILS :

1. POWER TO MAKE RULES.—

SEC 15.
(1) A Bar Council may make rules to carry out the purposes of this Chapter.
(2) In particular, and without prejudice to the generality of the foregoing power, such
rules may provide for :
 The election of members of the Bar Council.
 Electing the chairman and the vice-chairman.
 The filling of casual vacancies in the Bar Council
 Power and duties of chairman, vice-chairman and members.
 organisation of legal aid and advice to the poor.
 the summoning and holding of meetings of the Bar Council.
 the summoning and holding of meetings.

2. POWER TO MAINTAIN BOOKS AND AUDIT :

Sec 15 sub sec-
(l) the maintenance of books of accounts and other books by the Bar Council;
(m) the appointment of auditors and the audit of the accounts of the Bar Council;
(n) the management and investment of the funds of the Bar Council.

3. POWER TO APPOINT COMMITTEES :

 8A. Constitution of Special Committee in the absence of election.

4. POWER TO GIVE DIRECTIONS :

 Power to give direction to state committees

 Give directions to state bar councils.

5. POWER TO PUNISH THE ADVOCATE FOR MISCONDUCT : SEC 35—

(1) 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 its disciplinary committee.

(1A) The State Bar Council may, either of its own motion or on application made to it by
any person interested, withdraw a proceeding pending before its disciplinary committee and
direct the inquiry to be made by any other disciplinary committee of that State Bar Council.

(2) The disciplinary committee of a State Bar Council shall fix a date for the hearing of
the case and shall cause a notice thereof to be given to the advocate concerned
and to the Advocate-General of the State.

(3) The disciplinary committee of a State Bar Council after giving the advocate
concerned and the Advocate-General an opportunity of being heard, may make any
of the following orders, namely:—

(a) dismiss the complaint or, where the proceedings were initiated at the instance of the
State Bar Council, direct that the proceedings be filed;
(b) reprimand the advocate;
(c) suspend the advocate from practice for such period as it may deem fit;
(d) remove the name of the advocate from the State roll of advocates.

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 (4) Where an advocate is suspended from practice under clause (c) of sub-section (3),
he shall, during the period of suspension, be debarred from practicing in any court
or before any authority or person in India.

(5) Where any notice is issued to the Advocate-General undersub-section (2), the
Advocate-General may appear before the disciplinary committee of the State Bar
Council either in person or through any advocate appearing on his behalf.

IX. PRIVILEGES,RIGHTS AVAILABLE AND DISABILITIES OF THE ADVOCATE

1. Privilege to claim audience :

Sec 14 says “an advocate shall practice at---
(a) High court
(b) Supreme court
(c) Any other tribunals legal authority.
Sec 30 says “an advocate shall practice at---
i) Throughout the territory of India.
ii) Any tribunal including Supreme court.
iii) Any other tribunals legal authority.
For the purpose of claiming the audience.

2. Privilege of exemption from arrest :

According to the section 135 of CPC
a. Any civil procedure other then the contempt of court :
i. While going to the court for hearing.
ii. While attending the court.
iii. While returning from the court.

3. Right to fee
4. Right to lien – once vakalath is filed no other can step inside the case.
5. Privilege of public and political life.
6. Right to have access to Judge- any time any day.
7. Privilege of independence- not a servant to any one
8. Words spoken in professional capacity are privileged.
9. Privilege to honor the judgment in Bar Council
10. Privilege of being offered judgeship and several other offices under the status.
 As a district judge.
 Magistrate.
 Additional session judge
 Additional judge
 Session judge.

DISABILITIES OF ADVOCATES :
1. Advertising oneself and soliciting the client.
2. Restriction on taking up a brief.
3. Restriction on other employment.
4. Advocate must not divulge clients communication.
5. Advocate cannot buy or contract any share of interest in a actionable claims- sec 136 of TP act.

X. Features or objective of passing advocate act :

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 1. To know the procedure for admission and enrollment.
2. To get the knowledge about Bar councils.
3. To know the rights and privileges.
4. To know the disabilities of advocate.
5. Contempt of court and its remedies.
6. To know the duties of advocate.
7. To get knowledge about Professional ethics.
8. To know Bar- Bench relation.
9. To know Books of accounts to be maintained.
10. To knowledge about Equipment, Lamps, elements of advocate.

XI. RIGHT TO PRACTICE IS A RIGHT BUT NOT A PRIVILEGE :

RIGHT TO PRACTICE
 Sec 29. Advocates to be the only recognised class of personsentitled to practise law.—
Subject to the provisions of this Act and any rules made there under, there shall, as from the
appointed day, be only one class of persons entitled to practice the profession of law, namely,
advocates.

 Sec 30. Right of advocates to practice.—

Subject to provisions of this Act, every advocate whose name is entered in the 1[State roll] shall be
entitled as of right to practice throughout the territories to which this Act extends,—
o in all courts including the Supreme Court;
o before any tribunal or person legally authorised to take evidence; and
o before any other authority or person before whom such advocate is by or under any law for
the time being in force entitled to practise.

 Sec 32. Power of Court to permit appearances in particular cases.—

Notwithstanding anything contained in this Chapter, any court, authority, or person may permit any
person, not enrolled as an advocate under this Act, to appear before it or him in any particular case.

 Sec 33. Advocates alone entitled to practice.—

Except as otherwise provided in this Act or in any other law for the time being in force, no person
shall, on or after the appointed day, be entitled to practice in any court or before any authority

XII. Application once refused not to be entertained by another Bar Council except in certain
circumstances
Sec 27. Application once refused not to be entertained by another Bar Council except in certain
circumstances.—
Where State Bar Council has refused the application of any person for admission as an advocate on its roll,
no other State Bar Council shall entertain an application for admission of such person as an advocate on its
roll, except with the previous consent in writing of the State Bar Council which refused the application and
of the Bar Council of India.

 DUTIES OF AN ADVOCATE.

DUTIES TOWARDS STATE AND PUBLIC :

1. Duty to maintain the integrity of the Nation.

2. Duty to fight for individual liberty and socio- economic justice.
3. Duty to enshrine and uphold our Constitution.

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 4. To protect law and fight against injustice.
5. Public interest litigation.
6. Help poor clients with less or no fee.
7. Protect fundamental rights.
8. Fight against corruption.

DUTIES TOWARDS COURT :

1. Duty to respect the court.

2. Duty to attend the hearing.
3. Duty to receive judgment.
4. Duty to obey and respect the judge and the judgment of the court.
5. Duty not to mislead the court.
6. Duty not to malign the judge.
7. Duty to assist the court.
8. Duty to have good temper and protect the dignity of the court.

DUTIES TOWARDS THE CLIENT :

1. Duty to Know about his client.

2. Obtain complete information about the case.
3. Provide fair advice to solve the case.
4. Loyal and faith full to his client.
5. Duty not to represent conflicting interests of the client.
6. Maintain confidentiality.
7. Duty not to accept compensation or any other advantages from others.
8. Duty to take fair fee.
9. Duty to keep separate account for client’s money.
10. Duty to return the brief of the client at the end of the case.

DUTIES TOWARDS THE OPPONENT :

1. Duty to give due respect opponent council.

2. Being fair to opponent council and his clients.
3. Duty not to interrupt in between the opponent argument.
4. Duty not to mislead.
5. Duty not to make negotiate with the opponent.
6. Duty not to take away others client.

DUTIES TOWARDS PROFESSION :

1. To keep best tradition of the bar.

2. Not to take profession in the spirit of competition or rivelry.
3. Respect to the seniors.
4. Kind to juniors
5. Fallow seven lamps of advocacy.

DUTIES TOWARDS SELF :

1. Maintain self dignity.

2. Seven lamps of advocacy.

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 3. Be best to the profession.
4. No to other employment.

 BAR BEANCH RELATION

BAR : Association of the advocates.

Bench : Group of judges.
1. Bar provides evidences, bench decides the cases.
2. Advocate cannot influence the judges.
3. Two wings of the court helps to maintain the role of administration of justice.
4. Advocate should maintain respect and dignity towards judges.
5. Judge should hear the argument of the advocate patiently and give judgment.

 SENIOR AND OTHER ADVOCATES

 . SENIOR AND OTHER ADVOCATES.—

(1) There shall be two classes of advocates, namely, senior advocates and other advocates.

(2) An advocate may, with his consent, be designated as senior advocate if the Supreme Court or a
High Court is of opinion that by virtue of his ability standing at the Bar or special knowledge or
experience in law he is deserving of such distinction.

(3) Senior advocates shall, in the matter of their practice, be subject to such restrictions as the Bar
Council of India may, in the interest of the legal profession, prescribe.

(4) An advocate of the Supreme Court who was a senior advocate of that Court immediately before the
appointed day shall, for the purposes of this section, be deemed to be a senior advocate:

RESTRICTION ON SENIORITY :

 Rules under Sections 16(3) and 49(1)(g) of bar council Act.

 Senior Advocates shall, in the matter of their practice of the profession of law mentioned in Section
30 of the Act, be subject to the following restrictions:

(a) A Senior Advocate shall not file a vakalatnama or act in any Court, or Tribunal, or before any
person or other authority mentioned in Section 30 of the Act.

(b) (i) A senior Advocate shall not appear without an Advocate on Record in the Supreme Court or
without an Advocate in Part II of the State Roll in any court, or tribunal, or before any person or
other authorities mentioned in Section 30 of the Act.

(ii) Where a Senior Advocate has been engaged prior to the coming into force of the Rule in this
Chapter, he shall not continue thereafter unless an Advocate in Part II of the State Roll is
engaged along with him.

(c) He shall not accept instructions to draft pleading or affidavits, advice on evidence or to do any
drafting work of an analogous kind in any Court or Tribunal, or before any person or other
authority

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 (cc) A Senior Advocate shall, however, be free to make concessions or give undertakings in the
course of arguments on behalf of his clients on instructions from the junior Advocate.

(d) He shall not accept directly from a client any brief or instructions to appear in any Court or
Tribunal, of before any person or other authority in India.

(e) A Senior Advocate who had acted as an Advocate (Junior) in a case, shall not after he has
been designated as a Senior Advocate advise on grounds of 

 PERSONS WHO MAY BE ADMITTED AS ADVOCATES ON A STATE ROLL SEC 21 (1)

24. PERSONS WHO MAY BE ADMITTED AS ADVOCATES ON A STATE ROLL.—

(1) Subject to the provisions of this Act, and the rules made there under, a person shall be qualified to
be admitted as an advocate on a State roll, if he fulfills the following conditions, namely:—

(a) he is a citizen of India: Provided that subject to the other provisions contained in this Act, a national of
any other country may be admitted as an advocate on a State roll, if citizens of India, duly qualified, are
permitted to practise law in that other country;

(b) he has completed the age of twenty-one years;

(c) he has obtained a degree in law—

(i) before the 12th day of March, 1967, from any University in the territory of India; or
(ii) before the 15th August, 1947, from any University in any area which was comprised before that date
within India as
(iii) after the 12th day of March, 1967, after undergoing a three year course of study in law from any
University in India which is recognized for the purposes of this Act by the Bar Council of India; or

(f) he fulfils such other conditions as may be specified in the rules made by the State Bar Council
under this Chapter;

(g) he has paid, in respect of the enrolment, stamp duty, if any, chargeable under the Indian Stamp
Act, 1899 (2 of 1899), and an enrolment fee payable to the State Bar Council of six hundred rupees
and to the Bar Council of India, one hundred and fifty rupees by way of a bank draft drawn in favour
of that Council

 DISQUALIFICATION FOR ENROLMENT

(1) No person shall be admitted as an advocate on a State roll—
(a) if he is convicted of an offence involving moral turpitude;
(b) if he is convicted of an offence under the provisions of the Untouchability (Offences) Act, 1955 (22 of
1955);
(c) if he is dismissed or removed from employment or office under the State on any charge involving moral
turpitude.
(2) Nothing contained in sub-section (1) shall apply to a person who having been found guilty is dealt with
under the provisions of the Probation of Offenders Act, 1958 (20 of 1958).

 Power to remove names from roll.—

A State Bar Council may remove from the State roll the name of any advocate who is dead or from whom a
request has been received to that effect.

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