Sanskar Sarjan Education Society's
DHIRAJLAL TALAKCHAND SANKALCHAND SHAH COLLEGE OF LAW
KURAR, MALAD (EAST). MUMBAI - 400 097
ACADEMIC YEAR 2023-2024
L.L.B. SEM. I
NAME: SUMIT MANOJ VISHWAKARMA
ROLL NO: 113
SUBJECT: PRACTICAL TRAINING
TOPIC: (ASSIGNMENT): Professional ethics for advocates
PROFESSOR IN-CHARGE –
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ACKNOWLEDGEMENT
It is a great pleasure for me to undertake this project. My topic for the
Assignment is Professional ethics for advocates and I am happy that I have
been given this opportunity to express my views on the topic. I am especially
thankful to our subject Professor for allotting this topic to me.
I am grateful to our Professor for explaining the topic so well during
the lectures which helped me a lot in preparing for my assignment. This
project has increased my knowledge on this topic which is helping in present
and will also help me in future.
I also thank my DHIRAJLAL TALAKCHAND SANKALCHAND SHAH COLLEGE OF
LAW family for making me a part of this esteemed University.
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SR.NO TOPIC OF CONTENT PAGE NO.
1. COVER PAGE 1
2. ACKNOWLEDGEMENT 2
3. INDEX 3
4. INTRODUCTION 4
5 PROFESSIONAL AND PERSONAL DIGNITY OF 5
ADVOCATE
6 Lawyers Duty towards Court 6
7 Lawyers’ duty towards client 7
8 Duty towards the Opponent and Colleagues 8
9 Advantages of having codified professional ethics 9
10 CONCLUSION & RECOMMENDATION 10
11 BIBLIOGRAPHY 11
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Professional ethics for advocates
Ethics is the activity of man directed to secure the inner perfection of his own
personality. - Albert Schweitzer
An advocate, in the legal context, refers to a professional who is authorized to represent
and act on behalf of another person in legal matters. Advocates play a crucial role in the legal
system, providing legal advice, representing clients in court, and advocating for their
interests. The term "advocate" is often used interchangeably with "lawyer" or "attorney" in
many jurisdictions, though there can be subtle differences in the usage of these terms
depending on the legal system.
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.
In the legal profession, a lawyer must obey to professional codes for fair dealing with the
client and uphold the self-possession. 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
taking into account 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.
This Rules apply to Advocates in legal consultations, a advocate’s bureau and
Advocates who carry out advocacy activity individually (thereinafter – Advocates).
Advocate's assistants, trainees and other employees of Advocates' formations or
Advocates practicing individually are obliged to follow the Rules in relation to their work
duties.
Advocate is obliged to comply with law and follow the standards of professional
ethics, permanently sustaining reputation and value of the legal profession as a participant of
justice administration and public person along with personal honour and dignity, to keep and
increase the professional reputation.
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Advocate in course of his professional activity should affirm appreciation of advocatory
profession, its essence and public role, to keep and increase prestige of the profession.
In cases when issues of professional ethics of Advocates are not determined by
legislation of the Republic of Belarus or present Rules, Advocate should follow to the
customs and traditions common for legal profession and corresponding with general ideals
and moral principles of the society.
Advocate's profession is a liberal profession which is based on the rule of law, trust and
independence.
Advocate is absolutely independent in course of his professional activity. Advocate
should perform his obligations to defend client's rights and interests with ease and
independence, politely, honestly and following the principles, conscientiously and
confidentially, free of any interruption or external pressure.
PROFESSIONAL AND PERSONAL DIGNITY OF ADVOCATE
Dignity of Advocate's profession is ensured by his special moral attitude toward himself
which in turn determines corresponding attitude of the society toward him. Assertion and
sustaining of Advocate's dignity supposes commission of corresponding moral actions or
omittance of acts degrading his dignity.
Behaviour discrediting distinguished title and damaging public credibility toward advocacy is
considered to be degrading professional dignity.
In order to maintain honour and dignity Advocate should: be polite, discreet, diligent,
essential and independent; act in a competent manner, use all lawful means, techniques and
methods of legal assistance; actively defend his legal position; keep Advocate's secret;
not perform actions undermining prestige of advocacy and personal dignity of the Advocate,
assist in increase of the role and authority of legal practice in society; use only reliable
information participating in legal education of citizens and providing information to mass
media; prevent any infringement upon the professional independence; permanently extend
and enlarge legal knowledge; communicate in business manner and follow business dress
code when executing professional duties.
The Advocate is prohibited to: act against Client's lawful interests, to provide legal assistance
following personal benefit, unmoral interests or being under external pressure; hold legal
position contrary to Client's interests; disclose or use for personal purposes without Client's
consent any information, disclosed to him as to Advocate in relation with the legal assistance
to use information obtained in the course of negotiations on settlement, conciliation
proceedings, mediation, unless otherwise is determined by the legal acts;
make public announcements that Client's guilt is proved in case the Client denies that he is
guilty; request and file documents, discrediting the participants of the legal proceeding or
other persons in case it is not necessary for the case;
impose his assistance to people and attract them as clients through personal interrelations
with law enforcement authorities and court officials, by offering a client his legal assistance
instead of the chosen by the client Advocate, by promising favourable outcome of the
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proceedings in case of his participation and by other unworthy methods; allow comments
containing personal offence of the case participants as well as to be rude in return; buy or in
other way acquire in his name or in the name of any other person any property including
property rights of a client that are subject to the dispute.
Statements of Advocates affecting honour and dignity of a party to the dispute, its
representative, prosecuting officer or defender, witness, victim, expert, interpreter which do
not violate the Rules are beyond persecution.
Information distributed by Advocate or Advocate's formation concerning their activity and
types of services rendered shall not contain comparison with and criticism of other
Advocates, as well as statements, allusions and ambiguities deluding prospective clients or
provoking unreasonable expectations on satisfactory outcome of the case.
Advocate may combine legal practice with work in the governing authorities of the Bar
Association and Advocate's formations, pedagogical (in the implementation of the content of
educational programs), scientific, creative activities, activities of the arbitrator, mediator, and
facilitator in conciliation procedure. Performance of such activity should not discredit honor
and dignity of Advocate and damage the authority of advocacy
Lawyers Duty towards Court
Duties of Advocates to courts are:
# to maintain a respectful attitude and dignity towards courts.
# not to impact on the decision of a court by any unlawful or inappropriate means.
# use his best effort to avoid his client from doing unfair practices.
# to appear in the court in the prescribed dress, and a presentable manner.
# to wear bands or gown in courts only or ceremonial occasions and not in public places.
# not to plead in any matter in which he is himself interested.
# if he is a member of the any Executive Committee of organization or corporation than
he cannot appear in or before any court or any other authority or represent the case of
that organization.
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Lawyers’ duty towards client
Duties of Advocate to the client are:
# once accepted than cannot withdraw from actions or engagements, without
appropriate cause.
# should not accept and appear in a case in which he has reason to believe that he will be
a witness.
# to make full disclosure against his connection with the parties or interest before the
commencement of engagements or during the process.
# support the interests of his client by all moral means.
# not to overpower any material or evidence, which shall prove the innocence of the
accused.
# not to reveal the communications or talk made by his client to him.
# not to charge for his services depending on the success of the matter taken.
# does not adjust fee payable to him by his client against his liability to the client.
# to keep proper accounts of received money from clients and to provide a copy of
statements to clients also and in case of cancellation of proceedings, adjust the fee.
# and cannot make payments in favour of clients or cannot lend money to him for legal
proceedings.
# if he has advised the party in a matter with the institution of suits, then he cannot
appear for the opposite party for the same matter.
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Lawyers Duty towards the Opponent
An advocate has some responsibilities to opponents, also such as:
Not to negotiate directly with opposing party
The advocate should not in any way directly communicate with the opposing party
regarding any matter of the case except through the advocate representing the party.
Carry out legitimate promises made
The advocate should make best of all possible legitimate promises made to his party,
even though not reduced to writing under the rules of the Court.
Other duties include
Not advertise or solicit work.
Sign board and nameplate must be of reasonable size.
Not promote an unauthorized practice of law.
Obtain the consent of the fellow advocates for vakalat in the same case
Lawyers Duty towards Colleagues:
# An advocate has an obligation to colleagues that he will not solicit work or advertise,
either directly or indirectly. The sign-board or name-plate 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 particular 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.
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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 of time.
# Remove the name of an advocate from the state roll of advocates.
Advantages of having codified professional ethics
Means of social control. It will keep up with the new perspectives brought to the profession
according to the social requirements and expectations. The dignity of the profession will be
required to be maintained in order to retain the confidence of the public in it.
Ethical codes prevent interference of government in such matters through its agencies. If a
degree of standardization is needed, it will keep Governmental interference outside.
Ethical codes are important in developing higher standards of conduct. The code also brings
about a sense of judgment towards the profession
The existence of the code will have great educative, corrective and appreciable value for both
the lawyers and the common men.
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Conclusion and recommendation
Professional ethics are not only important for advocates, there importance
diverse to any field whether it is business or employment or profession. Good
ethics leads as to make respect in society as well in our work life. If we compare
in between other employment, there were no punishments for this kind of
misconduct but in legal profession you have to obey these rules as laws
otherwise you will be penalized. 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.
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BIBLIOGRAPHY
https://regionallawyersnetwork.coe.int/images/country_pdf/Belarus/Rules%20of
%20Professional%20Ethics%20of%20Advocates.pdf
https://www.legalserviceindia.com/legal/article-911-professional-ethics-for-lawyer.html
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