Professional Ethics for Lawyers

• Profession ?
• Ethics ?
• Lawyers ?
 Profession
• A type of job that requires special education, training or skills - Merriam-
Webster
• Rendering services
• Membership of respective body
• Professional fee
• Prescribed code of conduct
 Profession…
• Law : Business or Profession ?
• Refer - “ The Law: Business or Profession ?” By
Julius Henry Cohen
 …?
• Lawyer
• Attorney
• Barrister
• Solicitor
In different countries, different terms are used to
refer to legal persons who have received a degree in
law and are qualified to stand in a court of law.
While in the US, the term applied to lawyers is
attorneys who practice law.
In England and Wales, the term lawyer is considered
to be an umbrella term that refers to any person
trained in the subject of law and may be variously
named as a barrister, solicitor, or a legal executive.
In India, the term advocate is used for lawyers who
can stand and plead for their clients in a court of
law.
 Lawyer
A lawyer is a generic term that is used to describe
a person who has taken a degree course and is
qualified to work as a lawyer, a person who is
certified to take up cases of clients and to
represent them in a court of law.
 Barrister & Solicitor
The basic difference between barristers and solicitors is that a
barrister mainly defends people in court and a solicitor mainly
performs legal work outside court. However, there are exceptions
in both cases.

Most of the time solicitors advise clients, undertake negotiations and draft legal
documents. It is primarily a desk job, but does involve travelling to see clients and
representing them in court.

Barristers can be distinguished from a solicitor because they wear a wig and gown in
court. They work at higher levels of court than solicitors and their main role is to act as
advocates in legal hearings, which means they stand in court and plead the case on
behalf of their clients in front of a judge.
 Ethics
• Ethics of profession is the code by which it regulates
actions and sets standards for its members.
• Fundamental values or norms on which the profession
has been built.

• Hippocratic Oath - Medical Profession

• https://www.slideshare.net/Ravilakhani/professional-
ethics-for-legal-person
 Legal Ethics & Significance
• Fundamentals of ethics of legal profession is:
• To maintain dignity of law profession
• Promotion of highest standards of justice
• Secure a spirit of friendly cooperation between Bench and Bar
• Establish fair and honourable dealing with counsel, client,
witness, opponent
 Instances of Ethical Misconduct
#1
Bribing the judge

Sambhu Ram Yadav v. Hanuman Das Khatry— complaint was filed by the appellant
against an advocate to the Bar Council of Rajasthan, that while appearing in a suit as a
counsel, he wrote a letter stating that the concerned judge, before whom the suit is pending
accepts bribes, and asked for Rs. 10,000 to bribe and influence the judge to obtain a
favourable order. The Disciplinary Committee, holding that the advocate was guilty if
“misconduct”, stated that such an act made the advocate “totally unfit to be a lawyer.”
 Instances…#2
Assaulting the complainant

Noratanman Couraria v. M. R. Murali— the Supreme Court explored the amplitude and
extent of the words “professional misconduct” in Section 35 of the Advocates Act.

Facts - An advocate (appearing as a litigant in the capacity of the respondent, and not an
advocate in a rent control proceeding) assaulted and kicked the complainant and asked him to
refrain from proceeding with the case.

The Supreme Court carried out an over-view of the jurisprudence of the courts in the area of
misconduct of advocates.
It reiterated that the term “misconduct” is incapable of a precise definition. Broadly speaking, it
envisages any instance of breach of discipline. It means improper behavior, intentional
wrongdoing or deliberate violation of a rule of standard of behavior.
 Instances…#3
Purchase of the property in dispute of the client

P.D. Gupta v. Ram Murti and Anr.

Facts: One Srikishan Dass died leaving behind extensive immovable properties. Claims to
the said properties were made by one Vidyawati claiming to be the sister of the deceased ,
one Ram Murti and two others who claimed themselves to be the heir of the deceased.
Later the said properties were purchased by the advocate of Vidyawati knowing them to be
disputed. The advocate thereafter sold the property to a third party and made profit. A
complaint was made against the advocate to the Bar Council of Delhi.

Held: The proceedings had been transferred to the Bar Council of India under Section 36-B
of the Advocates Act. The disciplinary committee of the Bar Council of India found him
guilty of professional misconduct and suspended him from practice for period of one year.
 Instance…#4
• Supreme Court issues notice to advocates ML
Sharma and AP Singh for their remarks against
women.

• https://www.youtube.com/watch?v=Esa3R-YzTmo -
Documentary

• https://www.youtube.com/watch?v=ilL6O7O4rAA -
Interview
 Ethics - Areas of Application
• Conflict of Interest
• Confidential communication
• Advertising & solicitation- Forbidden
• Fees- Reasonable fee
• Criminal Cases- Must not employ unfair tactics to unfair conviction
Professional Ethics - Bar Council of India
• Section 49 (1) (c) of Advocates Act 1961 empowers BCI to
prescribes standards for professional conduct & etiquette to
be observed by advocates
 I- Duty towards Court
• An advocate should:
• Conduct himself with dignity & self respect
• Respectful attitude towards judicial officer
• Shall NOT influence decision of court by illegal or improper
means
• Restrain & prevent his client from resorting from doing unfair
practice in relation to court, opposing counsel or parties
• Shall appear in prescribed dress
• Not act or plead if any manner in which he himself is
pecuniary interested
 II- Duty to Client
• An advocate:
• Shall NOT ordinarily withdraw from engagements, once accepted without
sufficient cause
• Upon withdrawal he shall refund the fee to client
• Should not appear in a case in which he has reason to believe that he will
be a witness
• Shall make full disclosure to client relating to his connection with the parties
& any interest in or about the controversy
• Shall defend a person accused of a crime regardless of his personal opinion
 II-Duty to Client …
• Shall so conduct the prosecution that to does not lead to conviction
of innocent.
• Shall NOT breach the obligation imposed by Sec. 126 of Indian
Evidence Act (Disclosure of Confidential information)
• Shall NOT be a promote or be a party to fomenting (harmful)
litigation
• Shall NOT act on the instruction of any other person (except of
his/her client)
 III- Duty to Opponent
• An advocate shall NOT in any way communicate or negotiate
upon the subject matter of controversy with the opponent
client or his/her advocate
• Shall do his best to carry out all the legitimate proceedings
 …
• IV- Duty to Colleagues
• V- Duty in Imparting Training
• VI- Duty to Render Legal Aid
 VII- Other Employments
• An advocate:
• Shall NOT personally engage in any business; but he may be a
sleeping partner in a firm
• May be a Director or Chairman of the Board of Directors of a
company
• Shall NOT be a full-time salaried employee of any person,
government, firm, shall intimate the fact to BCI on taking up
any employment (Cease to practice as an advocate as long as
he/she is employed)
 VII…
• May continue a family business if he/she has
inherited or succeeded it, but may not participate
in the management thereof
• May review Parliamentary Bill, edits text books, do
press-vetting for newspapers and others, subject
to full time employment
• Nothing in rules shall prevent an advocate from
accepting part-time employment, after obtaining
the consent from State Bar Council