Introduction

 Fundamental prerequisite of any profession is good ethics.

 Ethics denotes to human behaviour to make decisions between what is correct and what is
wrong.
 Professional ethics are those set code or moral principles that govern a person's conduct
in a professional workplace or work life.
 Professional ethics is a code of conduct which lawyers have to observe primarily with
public at large, with their associates, with their clients and in the court during their
profession, and in the court during the proceedings. These ethics are legal ethics which
lawyers have to follow in the legal profession.
 The Indian government has established a statutory body known as The Bar council of
India under the Advocate Act,1961.
Advocate Act, 1961
• It was introduced to implement the recommendations of the All-India Bar
Committee and considering the Law Commission’s recommendations relating to the
legal profession.
• The Parliament has established The Bar Council of India under section 4 of The
Advocate Act,1961.
• As per section 7(1)(b) the council has to lay down standards of professional
conduct and etiquette for advocates.
• And section 49(1)(c) allows the bar council of India to make rules as to suggest the
standard of professional conduct to be observed by advocates.
Bar Council of India Rules
Bar Council of India has framed the rules under part VI of chapter II dealing with the standard of professional
conduct of lawyers. This chapter state 39 rules or duties of the lawyer against court, client, opponent etc.
Duties of Advocates to courts are:
1. Act in a dignified manner Not stand as surety for client
2. Respect the court Not appear in matters of pecuniary interest
3. Not communicate in private Appear in proper dress code
4. Refuse to act in an illegal manner towards the opposition
5. Refuse to represent clients who insist on unfair means
6. Refuse to appear in front of relations
7. Not to wear bands or gowns in public places
Duties of Advocate to the client are:
Bound to accept briefs
Not withdraw from service
Not appear in matters where he himself is a witness
Full and frank disclosure to client
Uphold interest of the client
Not suppress material or evidence
Not disclose the communications between client and himself
An advocate should not be a party to stir up or instigate litigation
Duties of Advocate to the client are:
An advocate should not act on the instructions of any person other than his client or the
client’s authorized agent.
Not charge depending on success of matters.
Not receive interest in actionable claim
Not bidding or purchasing property arising from legal proceedings
Not bid or transfer property arising of legal proceeding
Not adjust fees against personal liability
An advocate should not misuse or takes advantage of the confidence reposed in him by his
client.
Duties of Advocate to the client are:
Keep proper accounts
Divert money from accounts
Intimate the client on amounts
Adjust fees after termination of proceedings
Provide copy of accounts
An advocate shall not enter into arrangements whereby funds in his hands are converted into
loans.
Not lend money to his client
Not appear for opposite parties
Lawyers Duty towards the Opponent
An advocate has some responsibilities to opponents, also such as:

Not to negotiate directly with opposing party

 An advocate shall not in any way communicate or negotiate or call for settlement
upon the subject matter of controversy with any party represented by an advocate
except through the advocate representing the parties.

Carry out legitimate promises made

 An advocate shall do his best to carry out all legitimate promises made to the
opposite party even though not reduced to writing or enforceable under the rules of
the Court.
 Lawyers Duty towards Colleagues
• An advocate has an obligation to colleagues that he will not solicit work or advertise, either
directly or indirectly.

• The signboard or nameplate should be of a reasonable size, and that board will not show that he
is a member on bar council, or he is or has been president of bar council or he is or has been
with some organization or with matters of specialization etc.

• he shall not be allowed to use his name in aid or professional service.

• when a client can pay the fee than he will not accept a fee lass than taxable under rules.

• not enter in the appearance of any case in which there is already a memo was filed by an
advocate, except with his consent or parties' consent.
Punishment For Professional
Misconduct
As per section 35 of the Advocate Act,1961 if a person is found guilty of professional
misconduct, then the case will be referred to a disciplinary committee, then they fix a
date of hearing and issue a notice to the Advocate. Then the disciplinary committee of
the State Bar Council, will hear both the parties, the court may:

 Dismiss the complaint,

 warning to advocate.

 suspend the Advocate from practice for certain period.

 remove the name of an advocate from the state roll of advocates.

• Advocacy is a noble and honourable profession. Conclusion
• As lawyer, it is a duty of a lawyer or an advocate to be fair with his Clients, with is fellow
partners, and with the Courts.
• He must follow all the professional ethics in his profession.
• He must follow the code of conduct in his profession for the benefits of himself, for his clients and
for the benefit of the other people.
• He must be fair, genuine, honest, trustworthy, unbiased towards his profession, towards his clients
or towards the Courts.
• Not only accused is punished for his wrongful act. In the legal profession, if an advocate commits
any wrong act or any misconduct in his profession, he will also be punished by the court.
• Ethics are just about the way or conduct or manner in which we perform our actions or work.
• In my point of view, it depends on us how we want to work, whether we choose correct way or
wrong way. But never forget Karma comes after everyone ultimately.