INTRODUCTION

 A code of ethics is an essentials requirement for

every profession.
 Ethics of legal profession is the body of rules and
practice which determine the professional
conduct of the members of bar.
 Professional ethics for lawyers may be defined
as a code of conduct written or unwritten for
regulating the behaviour of a practising lawyer
towards himself, his client, his advessary in law
and towards the court.
BAR COUNCIL CODE OF CONDUCT
 Section 49(1)(c) of the Advocates
Act,1961 empowers the Bar Council of
India to make rules so as to prescribe
the standards of professional conduct
and etiquette to be observed by the
advocates. Accordingly, the Bar Council
included the rules regarding the
standards of professional conduct and
etiquette to be observed by advocates
were included in the Chapter ii of part
vi of the Bar Council of India Rules.
 The preamble of Chapter II of part VI of the Bar
Council of India rules says “An advocate shall, at all
times, comport himself in a manner befitting his
status as an officers of the court, a privileged
member of the community , and a gentleman,
bearing in mind that what may be lawful and more
for a person who is not a member of the Bar, or for
a member of the Bar in his non-professional capacity
may still be improper for an advocate.
 DUTY TO THE COURT
 The Bar Council of India has made certain rules so as
to prescribe duties of an Advocate to the court in
Section 1 of the Chapter II of part VI of the rules of the
Bar Council of India.
 RULE 1 : Act in a dignified manner
An Advocate shall conduct himself with dignity and
self-respect at the time of presentation of his case and
while otherwise acting before a court. An
advocate shall submit his grievance to proper
authorities whenever there is proper ground for serious
complaint against a judicial officer.
 RULE 2 :Respect the court
An advocate shall maintain towards the courts a
respectful attitude, bearing in mind that the dignity
of the judicial officers is essential for the survival of
the free community.
 RULE 3 : Not to communicate in private:-
An advocate shall not influence the decision of a court
by any illegal or improper means. Private
communications with a judge relating to a pending
case are forbidden.
 RULE 4 :Refuse to represent client
who insist on unfair means
An advocate shall refuse to represent any client
who insists on using unfair or improper means. An
advocate shall excise his own judgement in such
matters . He shall not blindly follow the instructions
of the client . He shall be dignified in use of his
language in correspondence and during
arguments in court.
 RULE 5 :Appear in proper dress code
An advocate shall appear in court at all
times only in the dress prescribed under the
Bar Council of India Rules and his
appearance should always be presentable.
 RULE 6 :Refuse to appear in front of
relations
An advocate shall not enter appearance, act, plead or
practice in any way before a judicial authority if the
sole or any member of the bench is related to the
advocate as father, grandfather , son, grandson , uncle,
brother, nephew , first cousin , husband, mother, sister,
daughter, niece, father-in-law, mother-in-law, son –in-
law,
RULE 7 Not to wear band or gowns in public
places:
An advocate shall not wear bands or gown in public
places other than in courts except or such ceremional
occassions Bar Council of India or the court may
prescribe.
RULE 8 Not to represent establishments of
which is a member :-
An advocate shall not appear in or before any judicial
authority for or against any establishment if he is a
member of the management of the establishment.
This rule does not apply to a member appearing as
“amicus curiae” or without a fee on behalf of the Bar
Council, Incorporated law society or a Bar Association.
 RULE 9 :-
An advocate shall not act or plead in any matter in
which he is himself pecuniary interested. For
example, he should not act in a bankruptcy petition
when he himself is also a creditor of the bankrupt
and he should not accept a brief from a company of
which he is a director.
 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 illegal proceeding.
 CASE LAW
 DoCo Saxena v. Chief Justice
The supreme court has made it clear that the counsel
or party appearing before the court should not
indulge in writing in pleadings, the scurrilous allegation
or scandalization against the judge or court . He
should maintain dignity and decorum of the court . If
the reputation or dignity of the judge who decides the
case are allowed to be prescribed in the pleading the
respect for the court would quickly disappear and
independence of judiciary would be a thing of the
past.
 U.Psales Tax service Association v. Tax Bar
Association
The supreme court has made it clear that if an advocate
attends the court with firearms, his conduct will not be
consistent with the dignity of the legal profession and it should
be deprecated.
In this case an advocate, instead of arming himself with
armoury of precedents , was armed with liscensed revover
and was attending the court with liscensed fire arm. He
pretended to provide himself with revolver to shoot in self-
defense.
The court observed “it is regretable that advocates attend court
with firearm , it is not befitting to the dignity of the legal
profession and is a distressing feature”.