CAMPUS LAW CENTRE

FACULTY OF LAW
UNIVERSITY OF DELHI

2023-2024

LB-601: PROFESSIONAL ETHICS AND ACCOUNTING

SYSTEM

ASSIGNMENT ON ETHICAL DILEMMA

SUBMITTED TO: SUBMITTED BY:

Signature :
MR. JAI PRAKASH MEENA Name of Student : Pankaj Singh
ASSISTANT PROFESSOR Section :H
CAMPUS LAW CENTRE Exam Roll No. : 21309806613
FACULTY OF LAW Semester : VI
UNIVERSITY OF DELHI DU Email : id21039806613.clc.ac.du.in
 INTRODUCTION
Although definition of Morality and Ethical Values of an individual are based on circumstantial
facts, but being in a same profession these definition is common for all personnel engaged in
same profession. Every industry/profession has set their own set of rules and regulations to
be followed for maintaining, growth, and upkeep of the standards for such
industry/profession.

Profession of Advocate also has their own set rules that are framed by Bar Council of India
body constituted under the section 4 of The Advocates Act, 1961.

Duties of an Advocate
An Advocates owes his duty towards various concerns:-

• Duty toward the court

• Duty towards the client
• Duty towards the opponents
• Duty towards fellow advocates

RULES ON ADVOCATE’S DUTY TOWARDS CLIENT

• Bound to accept briefs
• Not to withdraw from services
• Full and frank disclosure to clients
• Not to appear in matters where he/she itself a witness
• Uphold the interest of client only
• Not to suppress material facts and evidences
• Not to disclose communication with client to any third person
• Not to charge on depending on success of case
• Not to receive any interest in actionable claim
• Not to adjust fees against personal liability
• Not to collude with other party
• Provide copy of accounts
RELEVANT PROVISIONS
The Advocates Act, 1961- section 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 4 *** 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.
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 under sub-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.

Explanation.―In this section, 3 [section 37 and section 38], the expressions “Advocate-
General” and “Advocate-General of the State” shall, in relation to the Union territory of Delhi,
mean the Additional Solicitor General of India.

NATURE OF UNETHICAL PRACTISE OBSERVED IN

A client engaged an advocate in a rape case on ground of pretext of marriage but the
complainant advocate intentionally, knowingly in collusion with defendant’s advocate and tries
to delay the proceedings by not appearing on dates and not properly arguing the case at the
stage of framing of charges.
And later when the client asks for reason for delays and arguing properly the advocate threaten
him for more legal consequences for not following his command and also started fighting with
client.

Legal consequences for misconduct by advocate

Meaning of ‘MISCONDUCT’
The supreme court in the case of ‘state of Punjab v/s Ram Singh ruled out that misconduct
can include moral turpitude, must improper or wrong behavior, a forbidden act, a violation
of an established and clear rule of action or code of conduct, but not just a mistake of
judgement, carelessness, or negligence in the performance of duty.

BAR COUNCIL RULES VIOLATED

Rule 17. An advocate shall not, directly or indirectly, commit a breach of the obligations
imposed by Section 126 of the Indian Evidence Act.
Rule 19. An advocate shall not act on the instructions of any person other than his client or
his authorized agent
Rule 24. An advocate shall not do anything whereby he abuses or takes advantage of the
confidence reposed in him by his client.

REMEDY FOR THE CLIENT

1. Complaint under section 35 of advocates act to Reprimand, Suspend, Remove the name
of advocates from state roll of bar
2. Appeal under section 37 of advocates within 60 days
3. Appeal to Supreme Court under section 38 of the said act.