SUBJECT: professional ethics and professional accounting system

TOPIC: Interest and duty: role of professional ethics

COURSE: BBA.LLB(A)

SUBMITTED BY: Deepsikha Choudhury

ROLL.NO:1982041
 INTEREST AND DUTY: ROLE OF PROFESSIONAL ETHICS

INTRODUCTION:

In the realm of law, where justice and fairness reign supreme, the conduct of legal
practitioners serves as a pillar of integrity. Professional ethics form the cornerstone of the
legal profession, ensuring the effective administration of justice and upholding the dignity of
the legal community.

At the heart of this ethical framework lies the recognition that all members of the legal
fraternity, be it lawyers, advocates, or other legal professionals, carry a paramount duty to the
court and the broader administration of justice. This duty takes precedence over all others,
especially in scenarios where conflicts may arise.

Central to upholding this duty is the imperative for legal practitioners to conduct themselves
with unwavering integrity, providing diligent assistance to the court while fostering public
trust in the legal system. In fulfilling their responsibilities, they are not merely expected but
obligated to interact with their peers in the legal fraternity with courtesy and respect.

Advocates, beyond their professional roles, hold a critical position as officers of the court,
significantly influencing the dispensation of justice. Consequently, the rules governing their
professional conduct stem from the multifaceted duties they owe to the court, clients,
adversaries, and fellow advocates. These regulations, meticulously outlined in Chapter II,
Part VI of the Bar Council of India Rules, find their legal basis in section 49(1)(c) of the
Advocates Act, 1961.1

The Advocates Act of 1961 stands as a significant legislation aimed at regulating legal
practitioners in India. It not only provides guidelines for the establishment of Bar Councils
and the All-India Bar but also delineates the duties and responsibilities of advocates.
Prohibitions against advertising or soliciting work, demanding fees for training, and entering
appearance in a case without prior consent underscore the importance of maintaining
professionalism and integrity. Under the Act, advocates are entrusted with various duties
towards the court, clients, opponents, and fellow advocates. These encompass acting in a
dignified manner, respecting the court, avoiding illegal conduct towards opponents,
maintaining a proper dress code, and abstaining from matters involving financial interest.

1
Aishwarya Agrawal, What Is Professional Ethics in Law?, LAWBHOOMI (Jun. 3, 2023),
https://lawbhoomi.com/what-is-professional-ethics-in-law/ (last visited Apr 5, 2024).
Advocates are mandated to accept briefs promptly, uphold client interests, charge reasonable
fees, and refrain from suppressing evidence. Prohibitions against direct negotiation with
opposing parties and the fulfilment of legitimate promises made during legal proceedings
further reinforce ethical standards.

Additionally, advocates are barred from advertising or soliciting work and are mandated to
use reasonable signage, aiming to ensure that they uphold professional standards, behave
ethically, and preserve the integrity of the legal profession in India.

ESSENTIAL DUTIES OF ADVOCATES: UPHOLDING PROFESSIONAL

INTEGRITY AND CLIENT RIGHTS:

1. Advocates' Duty Towards the Court:

Advocates bear a fundamental duty to uphold the sanctity of the court and the
integrity of legal proceedings. Acting in a dignified manner is paramount, as it reflects
not only on the advocate but also on the entire legal profession. Respect towards the
court, including its officers and procedures, is essential for the maintenance of a free
and fair judicial system. Advocates must refrain from engaging in private
communications with judicial officers regarding pending matters, as such actions can
undermine the impartiality of the court. Additionally, they are obligated to reject any
attempts to influence judicial decisions through illegal or improper means, ensuring
that justice is administered without bias or undue influence.
2. Advocates' Responsibilities Towards Clients:
Advocates are entrusted with the vital task of representing their clients' interests with
diligence, honesty, and transparency. This includes accepting briefs promptly and
refraining from withdrawing services without just cause, as clients rely on their
advocates for effective representation. Full and frank disclosure of all relevant
information is imperative to enable clients to make informed decisions about their
legal matters. Advocates must vigorously uphold their clients' interests while adhering
to ethical standards, ensuring that justice is pursued with integrity and fairness.
Moreover, advocates must refrain from suppressing evidence or disclosing
confidential information, thereby maintaining the trust and confidence bestowed upon
them by their clients.
3. Ethical Conduct Towards Opposing Counsel:
 Professionalism and mutual respect are cornerstones of interactions between
advocates representing opposing parties. Advocates are prohibited from engaging in
direct negotiations with the opposing party, as such actions can circumvent the
established legal process and compromise the integrity of legal proceedings. Instead,
communication should be conducted through legal representatives to maintain
transparency and fairness. Furthermore, advocates are expected to honour any
legitimate promises made during the course of legal proceedings, fostering an
atmosphere of trust and cooperation among legal practitioners and promoting the
efficient resolution of disputes.
4. Other Duties and Considerations:
Beyond their core duties towards the court and clients, advocates are subject to
various ethical obligations and considerations. Adhering to prescribed dress codes
ensures professionalism and respect for the legal profession within the courtroom.
Advocates must abstain from representing matters in which they have a pecuniary
interest, as such conflicts can compromise their impartiality and integrity.
Additionally, advocates should refrain from acting as sureties for their clients or
engaging in advertising or solicitation of legal services, as such actions can undermine
the dignity and impartiality of the legal profession.2

PROFESSIONAL ETHICS: ADVANTAGES3

Codified professional ethics, such as those outlined in The Advocates Act of 19614 and the
Bar Council of India Rules, offer numerous advantages:

 Guiding Framework: These codes provide advocates with a clear set of ethical
guidelines, helping them navigate complex legal situations and ensuring consistent
adherence to high standards of conduct and professionalism.
 Promotion of Integrity: Codified professional ethics play a crucial role in promoting
integrity within the legal profession by establishing and enforcing ethical standards.
These codes serve as a cornerstone for the development of higher standards of
conduct among legal practitioners, fostering a culture of integrity, fairness, and
respect within the legal community. By adhering to these standards, advocates

2
Welcome to Bar Council of India, http://103.25.172.19/disjuris/rules-standard-prof.php (last visited Apr 6,
2024).
3
Professional Ethics And Accountancy For Lawyers, https://legalserviceindia.com/legal/article-925-
professional-ethics-and-accountancy-for-lawyers.html (last visited Apr 6, 2024).
4
The Advocates Act of 1961
 enhance the overall reputation and credibility of the profession, thus fostering trust
and confidence among clients, courts, and society at large. Additionally, these ethical
codes have educative value, providing guidance not only for legal professionals but
also for the public, thereby enhancing understanding and confidence in the legal
system.
 Social Control: Ethical codes facilitate social control by setting boundaries for
acceptable behaviour within the legal profession. This helps prevent misconduct and
ensures that advocates uphold ethical standards, contributing to the overall
functioning of society.
 Autonomy and Independence: Adherence to ethical codes helps safeguard the
autonomy and independence of the legal profession by preventing undue interference
by governmental authorities. This ensures that legal practitioners can operate within a
framework that respects their professional autonomy.
 Client Protection: Ethical codes prioritize the interests of clients by outlining
advocates' duties towards them, including maintaining confidentiality, acting in their
best interests, and charging reasonable fees. This helps protect clients from
exploitation and ensures they receive competent and ethical representation.
 Maintaining Professional Standards: By specifying professional standards and
conduct, these codes ensure that advocates maintain a high level of professionalism in
their interactions with clients, courts, opponents, and fellow advocates. This
contributes to the overall reputation and credibility of the legal profession.
 Conflict Resolution: Ethical codes provide a framework for resolving conflicts and
disputes within the legal profession. They offer guidance on how to address ethical
dilemmas and ensure that disputes are resolved in a fair and transparent manner.
 Public Confidence: Adherence to ethical codes enhances public confidence in the
legal system by demonstrating that advocates are committed to upholding ethical
standards and serving the interests of justice. This promotes respect for the rule of law
and strengthens the legitimacy of legal institutions.
 Upholding Professional Dignity: The professional and personal dignity of an advocate
is paramount and is maintained through their moral conduct and societal perception.
Advocates must uphold their dignity by acting with politeness, discretion, diligence,
and independence. They should defend their legal position actively, maintain
confidentiality, and avoid actions that undermine the prestige of the legal profession.
 Additionally, advocates are expected to continuously expand their legal knowledge
and adhere to business etiquette and dress codes during professional duties.

Ethical Obligations and Client Interests

Advocates are prohibited from acting against a client's lawful interests for personal gain or
under external pressure. They must not disclose confidential information without the client's
consent or use negotiation information improperly. Public statements must not assume a
client's guilt against their denial or include offensive remarks towards case participants.
Advocates should refrain from unethical methods to attract clients and avoid acquiring
disputed property in their name. Statements affecting the dignity of parties involved in
disputes are protected from persecution under certain circumstances.

Maintaining Professional Standards in Promotion

Furthermore, advocates must refrain from comparing or criticizing other advocates in their
promotional materials and should avoid statements that may mislead prospective clients or
raise unrealistic expectations. While advocates can engage in various activities alongside
legal practice, such as teaching or serving in legal associations, they must ensure that such
activities do not compromise their professional honour and the reputation of the legal
profession.

Navigating Conflict of Interest:

The Bar Council of India Rules (BCI Rules) underscore the duty advocates owe to the court,
clients, opponents, and fellow advocates, aiming to safeguard client interests and ensure
impartial justice. Conflict of interest can arise when advocates represent both parties in the
same or related matters, or when switching sides without disclosure. BCI Rules, detailed in
Chapter II, Part VI, stipulate that an advocate should not represent opposing parties in the
same matter if they've previously advised, drawn pleadings, or appeared for one party.
Disclosure of any connections or interests that may influence representation is mandatory.
Advocates must also refrain from accepting briefs where they are witnesses or could be called
upon to testify. They are bound to uphold their clients' interests fearlessly, without
succumbing to external pressures, and must not abuse the trust placed in them by clients.
These rules aim to prevent advocates from being conflicted in their duties to clients and
uphold the integrity of legal representation.5

CASES:

These cases highlight the importance of avoiding conflicts of interest in legal practice,
emphasizing the duty of lawyers to maintain the trust and integrity of the profession. Conflict
of interest occurs when a lawyer's personal or professional interests conflict with their duty to
act in the best interests of their client. Here's a breakdown of the key points from each case:

1. Mary Lilian Hira Devi v. Digbijai Singh (Privy Council)6:

Acting for one party in a dispute and subsequently acting for the other party in related
litigation can create misconceptions and suspicions.
Such conduct is viewed as improper and can harm the honor of the legal profession.
2. Advocate Cuddalore; Collector of South Arcot v. An Advocate (Madras High Court)7:
It is considered improper for an advocate to accept a defense engagement in a case
where they previously advised or appeared for the prosecution.
This practice can compromise the integrity of the legal process and erode trust in the
profession.
3. Public Prosecutor, Andhra Pradesh v. Kothakapu Etreddy Venkata Reddi and Ors.
(Andhra Pradesh High Court):8
Advocates should refrain from representing the opposite party if it may embarrass the
advocate or raise suspicions about their conduct.
Maintaining the highest traditions of the Bar and professional ethics requires avoiding
situations where confidential information could be improperly used or disclosed.
4. Chandra Shekhar Soni v. Bar Council of Rajasthan and Others (Supreme Court of
India)9:

5
Apoorva Chandra and Sweta Bhattarcharya, From Instructing (An Advocate) To Return All The Briefs To
Conflict Of Interest: Where Are We Headed?, (2023), https://www.livelaw.in/law-firms/law-firm-articles-/bci-
rules-conflict-of-interest-238398 (last visited Apr 7, 2024).
6
Hira Devi vs Digbijai Singh on 28 February, 1916, https://indiankanoon.org/doc/968908/ (last visited Apr 7,
2024).
7
Advocate Cuddalore; Collector Of South ... vs An Advocate on 28 February, 1958,
https://indiankanoon.org/doc/1710156/ (last visited Apr 6, 2024).
8
Public Prosecutor, Andhra Pradesh vs Kothakapu Etreddy Venkata Reddi And ... on 8 March, 1960,
https://indiankanoon.org/doc/1371617/ (last visited Apr 6, 2024).
9
Chandra Shekhar Soni vs Bar Council Of Rajasthan And Ors. on 20 July, 1983,
https://indiankanoon.org/doc/1226288/ (last visited Apr 6, 2024).
 It is against professional etiquette for an advocate to accept the brief of one party and
then accept the brief of the opposing party without express consent and full disclosure.
Lawyers have a duty to prioritize their client's interests and should refrain from
actions that could harm those interests due to conflicts of interest.

CONCLUSION

Professional ethics serve as the cornerstone of the legal profession, guiding practitioners to
uphold integrity, fairness, and justice in their roles as advocates of the law. The Advocates
Act of 1961 and the Bar Council of India Rules provide a comprehensive framework for
ethical conduct, ensuring that legal practitioners in India adhere to high standards of
professionalism and integrity.

By promoting integrity, professionalism, and accountability, codified professional ethics

contribute to the effective functioning of the legal system and the protection of individual
rights and liberties. They provide a guiding framework for advocates to navigate complex
legal scenarios while upholding the dignity of the legal profession.

Moreover, adherence to ethical codes fosters public trust and confidence in the legal system,
essential for maintaining the legitimacy and credibility of legal institutions. Upholding
professional dignity and integrity not only benefits individual practitioners but also
contributes to the overall reputation of the legal profession.

In conclusion, codified professional ethics play a vital role in shaping the conduct of legal
practitioners, promoting ethical behaviour, and ensuring the effective administration of
justice in society. By adhering to these ethical standards, advocates uphold the fundamental
principles of fairness, integrity, and respect for the rule of law.