Part A

Ans 1

Professional ethics

'Ethics' means “habitual mode of conduct.

'Professional ethics' is the conduct, both written and unwritten, which

prescribes the duties and character of the legal profession for regulating the

behavior of practicing lawyer towards himself, his client, his adversary in law and

towards the court.as legal profession is regarded as the 'pure fountain of justice' and

the onus is on the advocates along with other stakeholders, to maintain the high

esteem of respect the judiciary enjoys.

Professional ethics consist of those fundamental values on which the

profession has been built. Legal ethics is one of the professional ethics which lays

down certain duties for the observance of its members, which he owes to the society,

to the court, to the profession, to his client and to himself.

The practicing lawyer shall have the social responsibility and dignity of the

legal profession and high standard of integrity and efficient service to his client as

well as for public welfare.

Meaning, Nature and Need

Professional ethics is a set of rules and laws which govern the rights and duties,

etiquettes, duties towards the court, client, opponent, colleague etc. The fundamental

aim of legal ethics is to maintain the honour and dignity of the law profession, to

secure a spirit of friendly cooperation between the Bench and the Bar in the
promotion of higher standard of Justice. The legal profession is not a business but a

profession. It has been created by the state for the public good. Consequently, the

essence of profession lies in 3 things.

i) Organisation of its member for the performance of their functions.

ii) Maintenance of site and standard, intellectual and ethical, for the dignity

of the profession.

iii) Subordination of pecuniary gain to efficient service.

Section 49(1)(c) of the Advocates Act, 1961 empowers the bar council of India

to make rules so as to prescribe the standard of professional conduct and etiquette to

be observed by the Advocates.

The Code of Professional Responsibility consists of three separate but

interrelated parts:

Canons, Ethical Considerations, and Disciplinary Rules.

The Code is designed to be both an inspirational guide to the members of the

profession and a basis for disciplinary action when the conduct of a lawyer falls

below the required minimum standards stated in the Disciplinary Rules.

Ans 2

Professional Misconduct

Advocacy is a noble and honourable profession. An advocate must strictly

comply with professional ethics or else he may be liable for professional misconduct.

'Professional Misconduct’ means improper conduct' ie. an act done willfully

with a wrong intention by the people engaged in the profession.

Any activity or behavior of an advocate in violation of professional ethics for

his selfish ends. If an act results in dispute to his profession and make him unfit of

being in the profession, it amounts to ‘Professional Misconduct’. In other words, an

act which disqualifies an advocate to continue in legal profession.

Professional misconduct may consist –

• in betraying the confidence of a client

• in attempting by means to practice fraud

• to deceive the Court or adverse party or his Counsel

In State of Punjab v. Ram Singh AIR 1992 SC 218 The Supreme Court held

that the term ‘misconduct’ may involve –

• moral turpitude

• improper or wrongful behavior

• unlawful behavior

• willful in character

• a forbidden act

• transgression

• carelessness or negligence in performance of duty

 • or the act complained of bears forbidden quality or character

Chapter -V of the Advocates Act of 1961 deals with conduct of Advocates it

describes provision relating to punishment for professional and other misconducts.

Misconduct of an Advocate may be explained with reference to the following –

1. Dereliction of Duty

Dereliction of Duty means handing over brief to another advocate and such

transfer is considered as unprofessional but if he does so with the consent of his

client, it is not improper.

2. Professional Negligence

An advocate is expected to exercise reasonable skill and prudence and should

not be negligent. In order to constitute misconduct, the negligence must be

accompanied by

• suppression of truth or

• deliberate misrepresentation of facts

3. Misappropriation

When an advocate collects money from his clients for court purposes and

misuses it is called as misappropriation which amounts to professional misconduct.

4. Contempt of Court and Improper behavior before Magistrate

An advocate must respect the court and maintain the dignity. Making of false

allegations against the judicial officers amounts to gross misconduct.

5. Furnishing false information

 Furnishing false information amounts to ‘professional misconduct’.

6. Appearing for both the sides

An advocate is under a duty to do his best to protect the interest of his clients.

He must not represent conflicting interest.

7. Giving Improper Advice

Advocacy being a noble profession, an advocate must give his clients the

benefit of his learning, talent and judgment. An advocate must give his proper advice

if he is unable to take up the brief he should advice the client to consult another

counsel but should not give improper advice.

Conclusion

Legal Profession is an epochal in its nature. Bar Council of India plays a vital

role in enacting pandect. It must regularly monitor and accordingly bring about

amendments in professional ethics with changing the aura of the society.

Ans 3
CONTEMPT OF COURT

Contempt is the state of being despised or dishonored; disgrace. Any conduct

that tends to bring the authority and administration of law into disrespect or disregard

or to interfere with or prejudice parties or their witness during litigation is considered

to be contempt of court,

Contempt is consisting of words spoken or written which obstruct or tends to

obstruct the administration of justice.

Contempt of court may be defined as an offense of being disobedient or

disrespectful towards the court or its officers in the form of certain behaviour that

defies authority, justice, and dignity of the court. It is a major instance of professional

misconduct.

Essentials

The elements generally needed to establish a contempt are:

1. the making of a valid court order,

2. knowledge of the order by respondent,

3. ability of the respondent to render compliance, and

4. wilful disobedience of the order.

It's Categories / Types

The willful disobedience to the order of court is considered civil contempt,

while the scandalizing or lowering the authority of the court in the public eye is

considered criminal contempt. The Contempt of Court Act, 1971 recognizes two

types of contempt:
a. Civil contempt:

Section 2(b) of the Contempt of Court Act, 1971 defines civil contempt as “as

wilful disobedience to any judgment, decree, direction, order, writ or other process of

a court or wilful breach of an undertaking given to a court.

Essential

1. Disobedience of any judgement, decree, direction, order, writ or other

process of a court or an undertaking given to the court.

2. The Disobedience or breach must be willful, deliberate and intentional.

b. Criminal contempt:

Section 2(c) of the Contempt of Court Act, 1971 defines criminal contempt as

“the publication (whether by words, spoken or written, or by signs, or by visible

representation, or otherwise) of any matter or the doing of any other act whatsoever

which:

i. Scandalises or tends to scandalise, or lowers or tends to lower the

authority of, any court, or

ii. Prejudices, or interferes or tends to interfere with the due course of any

judicial proceeding, or

iii. Interferes or tends to interfere with, or obstructs or tends to obstruct, the

administration of justice in any other manner.”

Ans 4

Qualities of Advocate

Advocacy is an honorable profession. Advocates are part and parcel of the

judiciary system.Their endeavors solve the conflicts in the society. Advocates defend

the rights and liabilities. They hold important and unique place in the society.

Advocacy is not a craft but a calling ; a profession wherein devotion to duty

constitutes the hallmark.

Legal profession is regarded to be a noble one. A good advocate should possess

some essential qualities and equipment. i.e. “Seven Lamps of Advocacy”which are

1) Honesty: Quality of straightforwardness; freedom from deceit, cheating or

stealing and not telling lies.

2) Courage : Quality that enables a person to control fear in the face of danger,

pain, misfortune, etc.;

3) Industry : Hard works is absolutely necessary for an Advocate. His knowledge

of law should be up to date. Law is a jealous mistress. Lord Eldon Says, “An

advocate must live like a hermit and work like a horse”. Advocacy is an intellectual

profession. Intelligence and knowledge will be sharpened with hard-work and

strenuous efforts.

4) Wit: Wit means clever and humorous expression of ideas; liveliness of spirit.

Wit flows from intelligence; understanding and quickness of mind.

5) Eloquence : Eloquence means fluent speaking and skilful use of language to

persuade or to appeal to the feelings of others. As advocate must be fluent, skilful in

using appropriate words to impress the Court.

6) Judgment : Judgment is an intellectual capacity, ‘the inspiration which enables

a man to translate good sense into right action’. It means the ability to come to a

sensible conclusion and make wise decisions at the relevant time in the proper way.

7) Fellowship : Fellowship means the membership in friendly association or

companionship. Advocates should refer the opposite party’s Advocate as “Learned

Friend” and the judge should be referred as “Learned Judge”. In order to maintain the

fellowship, the Bar Council of India has laid down certain rules to be observed as the

duty to colleagues.

PANCHASHEEL OF THE BAR

Panchsheel refers to the five qualities of (i) Honesty (ii) industry (iii) justice

(iv) Service and (v) Philosophy.

1. Honesty: An advocate should be truthful, dependent, and reliable to everybody

2. Industry: Hard work is a characteristic trait of an advocate. He is supposed to

keep abrest of the law, and study his client’s case comprehensively

3. Justice: An Advocate is as an Officer of the High Court, and is expected to

help the Judge in finding out the truth in the dispute

4. Service: The lawyer’s primary duty is to protect the rights of the oppressed and

the poor. He shall offer his services to the general public without any discrimination

5. Philosophy: A lawyershould have some Philosophical outlook. He should have

the required mental fitness to adjust and accommodate with situations which are both

favourable an unfavourable to his or her client.

Ans 5

Civil Contempt

According to Section 2 (b) of the Contempt of court Act, 1971, civil contempt

means 'willful disobedience to any judgement, decree, direction , order, writ or

other process of a court or willful breach of an undertaking given to the Court'

Thus Civil contempt consist of disobeying the orders and process of the court

Civil contempt involves only the willful disobedience of the courts order or breach of

undertaking given to the court. The purpose of the proceeding for the Civil contempt

is not only to punish the container but also to exercise enforcement and obedience to

the order of the court .

Civil contempt serves two purposes -

i) Vindication of the public interest by punishment of contemptuous

conduct; and

ii) coercion to compel the container to do what the court requires of him.

Essential To constitutes 'civil contempt' the following things are required to be

proved :

a) there is disobedience of the order, decree etc. of the court or breach of

undertaking given to the court ;and

b) the disobedience of Breach Is Wilful.

i) for civil contempt it is necessary that order which has been disobeyed must

have been passed by the court having jurisdiction to pass such order. If the order has
been passed without jurisdiction, it is not binding on the party against which it has

been

ii) When the court orders a person to do something or not to do something, it is

incumbent on that party to comply with that order forthwith. The person disobeying

the order of the court will alone be responsible for the consequence and he cannot be

heard to say that he referred the matter to his higher officer.

iii) The breach of undertaking given to the court is also taken as contempt, if it is

wilful. the basis for taking the breach of undertaking as contempt of court is that the

container by making a false representation to the court obtains a benefit for himself

and if he fails to Honour the undertaking, he plays a serious fraud on the Court itself

and thereby obstructs the course of justice and brings disrepute to the judicial

institution.

For civil contempt , the disobedience of the order, decree, etc .of the court or

breach of undertaking given to The Court Must Be willful . Willful means the action

or state for which compulsion of ignorance or accident cannot be pleaded as excuse,

intentional, deliberate, due to perversity or self-will.

To establish that the disobedience is willful , it is not necessary to show that it

is contumacious  in the sense that there is a direct intention to disobey the order; it is

sufficient to show that effective administration of justice requires some penalty for

disobedience to the order of the court ,if it is a more than casual, accidental or

unintentional .

         The reasons of the Civil contempt is willful disobedience to any judgement

degree , direction, order, or writ of a court, and not Mere inaction to give effect to it .
The conduct of the alleged contemner must be willful showing deliberate and

conscious disregard of the court order . or a despising or disdainful attitude towards

the verdict of the court .

If a party who has full knowledge of the order of the court or is conscious and

aware of the consequences and implications of the court's order, ignores it or acts in

violation of the courts order, it must be held  that disobedience is willful.

Whether the disobedience has been wilful or not It is an issue to be decided by

the court, taking into account the facts  the circumstances of the case.
Ans 6

Criminal Contempt

Criminal contempt is directed against the power and dignity of the court. The

definition of criminal contempt is wide enough to include any act of a person which

would tend to interfere with the administration of justice or with which would lower

to the authority of the court.

Abuse of the process of court calculated to hamper the due course hamper of

judicial proceedings or the administration of Justice amounts to contempt of court.

According to Section 2(c) of the Contempt of courts Act, 1971 , "criminal

contempt" means the publication (whether by words, spoken or written, or by

signs ,or by visible representations, or otherwise)  of any matter or the doing of any

other Act whatsoever which -

i) scandalize or tends to scandalize, or lower or tends  to lower, the

authority of any Court ;or

ii) prejudice or interfere or tents to interfere with, the due course of any

judicial proceeding ; or

iii) interface or tends to interfere with or obstructs, tends to obstruct, the

administration of justice in any other manner.

To constitute the criminal contempt it is not necessary that the publication or

other acts should have actually resulted in scandalizing or lowering the authority of

the court but it is enough that the act is likely to result in scandalizing. Thus the
offense of contempt is complete by mere attempt and does not depend on actual

deflection of Justice .

'Scandalize' connotes to speak falsely, or maliciously, to bring into approach

,dishonor, disgrace, to offend the feelings, conscious or property of an action.'

Scandalizing the court means any hostile criticism of the judge ; any Personal

attack on him unconnected with the office he holds, is dealt with under the ordinary

rules of Slender and libel. The criticism can form the basis for committal of contempt

of court  only if it is made against the judge in exercise of his judicial function.

           It is for the court to decide whether or not the publication or act is likely to

scandalize or lower the authority of the court or interfere with due course of any

judicial proceeding for administration of justice. The publication act will be taken as

criminal contempt, if it has resulted in scandalizing the authority of court or

interference with the due course of judicial proceedings or interfering the

administration of justice in any matter.

             The word ' Publication ' was given very wide meaning . The publication may

be by words written or spoken by sign's or by visible representations or otherwise of

any matter. but in the Act it is not clear as to whether the publication should be taken

to mean Publication to the general public or any kind of Publication.

The publication which prejudice or interferes with or tends to interfere with,

the due course of any judicial proceeding is taken as contempt of court . Whenever

the publication or any other act unduly influences the result of a litigation it is treated

as criminal contempt of court

Defences In Criminal Contempt

I) Innocent publication and distribution of matter (Section 4)

II) Fair and accurate report of judicial proceeding not contempt (Section 4)

III) Fair criticism of judicial act not contempt (Section 5)

IV) Bona fide Complaint against presiding officers of subordinate courts

(Section 6)

V) Publication of information relating to proceeding in chambers or in camera

not contempt except in certain cases (Section 7)

VI) Contempt not punishable in certain cases (Section 13)

 Part B

Ans 1

Duties of an Advocate

Advocacy is an honorable profession. Advocates are part and parcel of the

judiciary system.Their endeavors solve the conflicts in the society. Advocates defend

the rights and liabilities. They hold important and unique place in the society.

Advocacy is not a craft but a calling ; a profession wherein devotion to duty

constitutes the hallmark.

I) Duty towards public -

             An advocate is a privileged member of the community and a gentleman

beside being a citizen. He has greater responsibility to protect the country and lead

the community .

A) Duty towards country -

1) An advocate shall endeavor to make the laws suitable to the well being of the

people .

2)  An Advocate shall guard the liberty and freedom of the people.

3) An Advocate should protect the fundamental and human rights and respect the

constitution of the nation.

4) An advocate should strive for social legislation's to accelerate the advent of

socialistic pattern of society in India by dedicating to the public service .

5) An advocate shall uphold the integrity and Unity of the nation .

6) An advocate shall educate the people to respect the law and respect for the

courts and the judges .

B) Duty towards community -

1) An advocate shall establish  Legal Aid Societies  for the purpose of rendering

legal assistance to really poor and deserving persons free of any charge .

2) An advocate shall help the people local bodies such as panchayats in villages to

function on sound lines, so that the people may discharge their functions in an

enlightened and responsible manner.

3) An advocate shall provide Legal education to the illiterate and working people

by informing them for the rights and legal provisions in simple language .

4) An advocate shall compose family differences and Settle petty Disputes and

controversies by amicable settlement.

5) An advocate shall educate the masses on the right lines to come out of many

social ills from which people are suffering.

 6) An advocate shall work with social welfare  committees to promote social

order in which justice ,political ,economic and social will be assured to one and .

II) Duty towards the court

1) An advocate should be straightforward and his arguments should be pointed,

clear, precise and concise.

2) An advocate should have sense of humor and pleasing manners in his

arguments.

3) An advocate must be tactful in presenting the matters.

4) An Advocate should not mislead the Court .

5) An advocate shall not influence the decision of the court by any illegal or

improper Means.

6) An advocate shall appear in the court at all times only in the prescribed dress.

He shall not wear a band or gown in public places other than in Courts.

7) An advocate shall, when presenting his case and while otherwise acting before

a court, conduct himself with dignity and self respect.

8) An Advocate shall not enter appearance, act, plead or practice in any way

before a Court , tribunal or authority on behalf of close kith and Kin.

9) An advocate shall not criticize the Judiciary with malice .

10) An advocate should not act or plead in any matter in which he himself

pecuniarily interested .

11) An advocate shall not stand as a surety or certify the soundness of a surety for

his client, required for the purpose of any legal proceedings.

12) An advocate Shall assist court by presenting fully the pertinent law in his case.

A) Duty towards the client-

1) An advocate shall fearlessly uphold the interests of his client by All fair and

honorable means without regard any unpleasant consequences to himself or any other

2) An advocate shall fairly and reasonably submit the case on behalf of his client.

3)  An advocate shall pay attention which he is capable of giving to the case he is

dealing.
4) An advocate shall not act on the instructions of any person either than his

Client or authorised agent.

5) An advocate shall not ordinarily withdraw from engagements ones accepted,

without sufficient cause and unless reasonable and sufficient notice is given to the

client.

6) An advocate shall not do anything whereby be abuses or takes advantage. of

the confidence reposed in him by his client.

7) An advocate shall not accept a fee less than the fee taxable under the rules

when the client is able to pay the same .

8) An advocate shall not adjust fee payable to him by his client against his own

personal liability to the client which liability does not arise in the course of his

employment as an advocate.

9) An advocate should keep accounts of the clients money entrusted to him.

10) An advocate shall not lend money to his client for the purpose of any action or

legal proceedings in which he is engaged by such client.

11) An advocate shall not disclose Communications made to them in course of

their professional engagement even after the case is over.

B) Duty towards opponent -

1) An advocate shall not communicate or negotiate upon the subject matter of

controversy with any party represented by an advocate except through that advocate.
2) An advocate shall not mislead an opponent, or put him on the wrong scent

regarding any point in the case.

3) An Advocate shall do his best to carry out all legitimate promises made to the

opposite party even though not reduced to writing.

III) Duty towards colleagues -

1) An advocate shall not solicit work or advice directly or indirectly through Mass

Communication.

2) An advocate shall not pursue his profession in spirit of competition or rivalry,

with his brethren.

3) An advocate should be courteous to opposing Counsel and should accede io

reasonable request regarding Court proceedings .

4) An advocate shall not enter appearance in any case in which there is already a

vakalatnama or Memo of appearance filed by an advocate engaged for a party expect

with his consent.

5) An advocate does not envy  another advocate who attains to position and rank

and earns  well.

6) An younger advocate must be cordial and relationship and pay respect to senior

advocates .

7) An advocates shall be ready to give help and advice to brother members.

8)  An advocate shall strive at all the levels aid the legal profession in advancing

the standard of members of profession

 Advocate should maintain their high traditions of Fearless Independence,

probity and integrity, and live up to their noble ideals, and dedicated lives for the

Vindication of truth, and Justice,  and also for good of the common man.
Ans 3

Bar Bench Relations

The court hall where cases are conducted consists of two parts namely:

(i) The place where the judges sit is called as Bench (Bench means all the

judges taken together as distinguished from the ‘Bar’ the name for all the members of

the legal profession-bench is that part of the court considered in its official capacity,

while the judges are sitting )

(ii) The place where the Advocate sit is called as Bar.(The advocates are

known as the 'Bar' as a whole body of advocates and an advocate represents the Bar)

So the term `Bench’ refers to the judges and the `Bar’ refers to the Advocates.

Bar-Bench relation means the cardial relation between the judges and the

Advocates. The faith on the judiciary to the general public and the speedy justice

mainly depends on the cardial relation between the judges and the Advocates. In the

Administration of justice the role of Advocates are also equally important just like the

judges. Rendering justice is their joint responsibility. Without the help of Advocates,

it is very difficult for the judges to arrive a correct decision in a dispute. If good

relation exists between exists between the judges and Advocates then delay in

rendering justice and high expences for getting justice can be very much reduced. To

strengthen the good relation both should have some good qualities and mutual

responsibilities.
Bar-Bench Relations:

Administration of Justice is not something which concerns Bench only. It

concerns the Bar also. Mutual respect is necessary for the maintenance of the cordial

relations between the Bar and Bench. Advocates and Judges are complementary to

each other. Bar is the Principal ground for recruiting Judges. So they both belong to

the same community. ar and Bench should maintain cordial relations with each other.

Role of the Bar to Strengthen Bar-Bench Relation

To strengthen the Bar-Bench relation, the Advocates must take the following

steps.

1. They should give the due respect to the judges and they must avoid speaking

ill of the judges and the judiciary.

2. They should help the judges in the trial of the cases by presenting the relevant

law in the correct and clear manner. They should never act in such away to

irritate the judges.

3. If the judges pronounces a wrong order, they should not criticize the judges.

They should try to set right the wrong order through appeal.

4. For getting favourable order they should not give pressure or influence the

judges.

5. If the judges behavior is irritating and disrespect to the Advocates should not

enter in to a direct confrontation with the judge. Through the Bar

Association the matter should be discussed with the judge in his chamber and

shall request to avoid such misbehavior

Role of the Bench to Strengthen Bar –Bench Relation

Only when Bar-Bench relations are strengthened, people will get confidence

and fair on the Judiciary. To strengthen Bar-Bench relation the Judges should follow

and practice the following.

1. Judicial Respect: Just like the Advocates are giving respect to the Judges the

Judges should also give to the Advocates and the brethren Judges.

2. Patient Hearing: Judges should hear the case with open and respective mind

without any prejudice or bias. They should act only to the interest of justice.

They should give sufficient opportunity for the Advocates to present the case in

full.

3. Impartiality: Judges should act impartialy. They should not act in favour of

any Advocate or a party to the dispute.

4. Avoidance of Interruptions: As far a possible, Judges must avoid

interruptions while the Advocate is examining witnesses and arguing the case.

Unwarrented interference and adverse comments by the Judges may upset the

Advocates and thereby he may not be able to present the case properly. This

may cause the failure of justice. Interference may be limited to the following

circumstances(i)to prevent repetition and waste of time(ii)to check the

relevancy(iii)to get clarifications (iv)to express courts view on a point and

(v)to promote speedy disposal of the case.

5. Proper Interpretation: During the process of administration of justice, often

the courts have to interpret the Act, Rules, Orders and Notifications in order to
 ascertain the actual meaning of the provisions or to remove the ambiguity or

inconsistency. In such cases proper interpretation should be given with the

object of rendering complete justice to the parties.

6. Avoidance of Unreasonable Adjournments: Adjournments are given to

afford reasonable opportunity to the parties to present the case. As far as

possible cases shall not be adjourned without reasonable and sufficient grounds

. Unreasonable adjournment is the main reason for the mounting arrears of

cases and it causes hardship to the parties.

7. Speedy Disposal: `Justice delayed is justice denied’, hence cases should be

disposed off as quickly as possible. When preference is given for disposal of

old cases, care should be given to see that new cases should not get into

arrears.

8. Avoiding Unwarranted comments: Judges should not make any unwarranted

comments in the open court about the Advocates lack of knowledge in the law.

They should not ask any Advocate to leave the court, without sufficient

reasons. Similarly, they should not ask any Advocate not to come to his court

hereafter.

9. Knowing in Law: Judges should possess deep knowledge in law. They should

have the ability to apply the proper law to the disputed facts and to take the

right decision.

10. Independence: Judges have the primary responsibility to protect and preserve

the independence of judiciary, hence they should not yield to the pressure of

the Government.
 11. Integrity: A Judge should be honest and morally upright. He should have

personal and intellectual integrity. His character and conduct should be praise

worthy. Then only the Advocates and the general public will have confidence

on him.

12. Industriousness: It means regular and systematic hard work and study. A

Judge should get acquainted with the latest developments and changes in the

law by regular updating of the knowledge.

13. Meeting of Judges and Lawyers: To strengthen Bar-Bench relation, at regular

intervals meeting of judges and the Advocates shall be arranged. In such

meetings the respective sides difficulties can be discussed and the differences

can be sorted out.

The Colonial System of Judicial Courts has not fully developed into a

representative democracy. It is therefore clear that the principles and thus the

relationships between the Bar and the Bench have not fully evolved as equally

responsible functionaries for the proper discharge of legal justice. What the current

situation demands are a cordial and mutually-respectful Bar and Bench with the high

aspirations of people’s welfare and the protection of the constitutional, fundamental

and human rights of the aggrieved persons, citizens and others.