SCHOOL OF LEGAL STUDIES

(2018-19)

PROFESSIONAL ETHICS AND PROFESSIONAL ACCOUNTING SYSTEM

(LF 512)

“REPORT ON PROFESSIONAL ETHICS OBSERVED IN COURT”

SUBMITTED TO: SUBMITTED BY:

Ms. Shrawani Shagun Ragini Rao

Assistant Professor, B.A.LL.B. V Year

School of Legal Studies, ROLL NO. 519

Mody University 140491

 TABLE OF CONTENTS

PROFESSIONAL ETHICS.............................................................................................................2

RULES ON AN ADVOCATE’S DUTY TOWARDS THE COURT............................................2

ADVOCATE’S DUTIES TOWARDS HIS CLIENT.....................................................................4

ADVOCATE’S DUTY TOWARDS HIS OPPONENT COUNSEL..............................................5

OTHER DUTIES.............................................................................................................................5

ADVANTAGES OF HAVING CODIFIED PROFESSIONAL ETHICS......................................6

AUTHORITY CONCERNED.........................................................................................................7

CONCLUSION................................................................................................................................8
 PROFESSIONAL ETHICS

Professional ethics encompasses an ethical code governing the conduct of persons engaged in
the practice of law as well as persons engaged in the legal sector. All members of the legal
profession have a paramount duty to the court and towards the administration of justice. This
duty prevails over all other duties, especially in the circumstances where there may be a
conflict of duties. It is important that legal practitioners conduct themselves with integrity,
provide proper assistance to the court, and promote public confidence in the legal system. In
carrying out their duties, they are required and expected to deal with other members of the
legal profession with courtesy and integrity 1. Advocates, apart from being professionals, are
also officers of the court and play a vital role in the administration of justice.

Accordingly, the set of rules that govern their professional conduct arise out of the duties that
they owe to the court, the client, their opponents and other advocates. Rules on the
professional standards that an advocate needs to maintain are mentioned in Chapter II, Part
VI of the Bar Council of India Rules. These Rules have been provided under section 49(1) (c)
of the Advocates Act, 1961.

Independent Bar and independent Bench form the backbone of the democracy. In order to
preserve the very independence, the observance of constitutional values, mutual reverence
and self-respect are absolutely necessary. Bar and Bench are complementary to each other.
Without active cooperation of the Bar and the Bench, it is not possible to preserve the Rule of
law and its dignity. Equal and even-handed justice is the hallmark of the judicial system. The
protection of the basic structure of the Constitution and of rights is possible by the firmness
of Bar and Bench and by proper discharge of their duties and responsibilities. We cannot live
in a jungle raj. 22. Bar is the mother of judiciary and consists of great jurists. The Bar has
produced great Judges, they have adorned the judiciary and rendered the real justice, which is
essential for the society. 23. The role of Lawyer is indispensable in the system of delivery of
justice. He is bound by the professional ethics and to maintain the high standard. His duty is
to the court to his own client, to the opposite side, and to maintain the respect of opposite
party counsel also. What may be proper to others in the society, may be improper for him to
do as he belongs to a respected intellectual class of the society and a member of the noble
profession, the expectation from him is higher. Advocates are treated with respect in society.
1
Retrieved on: http://www.lsc.sa.gov.au/dsh/ch02s01.php

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People repose immense faith in the judiciary and judicial system and the first person who
deals with them is a lawyer. Litigants repose faith in a lawyer and share with them privileged
information. They put their signatures wherever asked by a Lawyer. An advocate is supposed
to protect their rights and to ensure that untainted justice delivered to his cause2.

RULES ON AN ADVOCATE’S DUTY TOWARDS THE COURT

1. Act in a dignified manner

An advocate must behave in a dignified manner during the time of his case as well as while
acting before the court. He should conduct himself with self-respect. Whenever there is a
ground for complaint against a judicial officer, the advocate has a duty to submit his
grievance to the concerned authorities.

2. Respect the Court

The advocate must show his respect towards the Court. He/she has to keep in mind that the
dignity and respect towards the judicial officer are essential for the survival of a free
community.

3. No communication in private

The advocate should not communicate with the judicial officer in private regarding any
matter pending before the court. The advocate should not influence the decision of a court in
any matter through illegal or improper acts such as coercion, bribe, etc.

4. Refusal to act in an illegal manner towards the opposition

An advocate should not act in an illegal manner towards the opposing counsel or opposite
party. He should use his best effort to restrain his client from acting an illegal, improper
manner or perform any unfair practice towards the judiciary, opposing counsel or opposing
party.

5. Refusal to represent clients who insist on any unfair means of practice

2
R. Muthukrishnan v The Registrar General of the High Court of Judicature at Madras, AIR 2019 SC 849.

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An advocate shall refuse to represent the client who insists on using unfair or improper
means. He shall be dignified in using his language in correspondence and arguments in the
court. He shall not scandalously damage the reputation of the parties on false grounds during
the pleadings.

6. Appear in proper dress code

The advocate should be present at all times in the court only in the proper dress code
prescribed by the Bar Council of India Rules, and the dress code must be presentable.

7. Not represent the establishment of which he is a member

An advocate should not appear in the court, for or against any establishment in which he is a
member. But this rule does not apply in the case of appointment as an ‘Amicus Curiae’ or
without a fee on behalf of the Bar Council.

8. Not appear in matters with pecuniary interest

The advocate should not act on behalf of any matter in which he has a financial interest. He
should not accept a brief from a company in which he is a Director.

9. Not stand as surety for the clients

The advocate should not stand as a surety for his client, or certify the soundness of a surety
that his client requires for the purpose of any legal proceedings.

Observation

I observed that Advocates were properly dressed in Court and if their dress lacked any
element, they were asked to move out of the Court or penalty was imposed upon them.
Further, they reached on time for the cases and showed utmost respect towards the Court. I
also observed in a particular case where an aged witness, who, overwhelmed with the process

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in the Court, started deposing at a high voice with a disrespectful demeanor, was asked not to
attend the proceeding of any case in the Court for at least two days.

In another case, where a Police officer was not in appropriate attire was asked not to be in the
capacity under his profession unless he wore the uniform for the same.

ADVOCATE’S DUTIES TOWARDS HIS CLIENT

1. Bound to accept briefs.

2. Not withdraw from service.
3. Not appear in matters in which he is a witness.
4. Full and frank disclosure to the client.
5. Uphold interest of the client.
6. Not suppress any material of evidence.
7. Not disclose any information of his client and himself.
8. Not receive any interest in actionable claim.
9. Not charge depending on the success of matters.
10. Keep proper accounts etc.

Observation

The observations which I noted during my internship are that there are some points or other
where an Advocate not completely bound to accept briefs or sometimes withdraw from the
services without proper notice. Yes, that is completely true that they (advocates) do not
appear in matters in which they are the core or sole witness. Further, I also noted the fact that
in some cases the Advocates did not make a full disclosure to their clients.

ADVOCATE’S DUTY TOWARDS HIS OPPONENT COUNSEL

1. 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.

2. Carry out legitimate promises made

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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.

Observation

I observed that this rule was very much abided to in the Court and they did not discuss the
materiality of the cases with each other even if they were on friendly terms. Every Advocate
who lacked seniority from the other counsel showed utmost respect towards the former,
which was a common practice amongst the entire legal community.

OTHER DUTIES

1. Not advertise or solicit work.

2. Sign board and nameplate must be of reasonable size.
3. Not promote an unauthorized practice of law.

4. Obtain the consent of the fellow advocates for vakalat in the same case.3

Observation

These rules were also followed by each and every advocate. While they did put up boards of
their name near their house, they did not solicit their work and the name plate was of a
reasonable size, that is, of a size which was appropriate for fitting the name. the font and
editing in the name plate was not such so as to reach out to the eye in a way such would
constitute an advertisement.

ADVANTAGES OF HAVING CODIFIED PROFESSIONAL ETHICS

1. 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.

3
Retrieved on: http://www.barcouncilofindia.org/about/professional-standards/rules-on-professional-
standards/

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 2. 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.
3. Ethical codes are important in developing higher standards of conduct. The code also
brings about a sense of judgment towards the profession

4. The existence of the code will have great educative, corrective and appreciable value
for both the lawyers and the common men.4

4
Retrieved on: http://www.internationalseminar.org/XIII_AIS/TS%201%20(B)/19.%20Ms.%20Naina
%20Jain.pdf

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 AUTHORITY CONCERNED

State Bar Council and its Disciplinary Committee

Section 35 of the Advocates Act, deals with the provision regarding the formulation and
functioning of Disciplinary Committee under the State Bar Council. Under this, if any legal
practitioner is found guilty of any professional misconduct, after providing an opportunity of
being heard may make any of the following orders:

 Dismiss the complaint or where the proceedings were initiated at the instance of
the State Bar Council, direct that the proceedings be filed;
 Reprimand the advocate;
 Suspend the advocate for a period as it may deem fit;
 Remove the name of the advocate from the State roll of advocates.

In the case of Nortanmal Chauaisia v. M.R. Murli5, the Supreme Court held that the term
Misconduct had not been defined under the Advocates Act. But the term envisages a breach
of discipline, although it would not be possible to lay down what would lead to misconduct or
indiscipline, which is wide enough to include wrongful act or omission, whether done
intentionally or unintentionally. It also means improper behaviour, intentional wrongdoing or
deliberate violation of a rule of the standard of behaviour.

5
Nortanmal Chauaisia v. M.R. Murli 2004 AIR SCW 2894 retrieved on
http://www.internationalseminar.org/XIII_AIS/TS%201%20(B)/19.%20Ms.%20Naina%20Jain.pdf

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 CONCLUSION

Professional ethics can also be stated as the duties that have to be followed by an advocate
during his profession. These are moral duties and the very basic courtesy which every person in
this field should know. An advocate who does not work with sincerity and does not follow the
rules of conduct is said to have violated the code of ethics of this profession. The fundamental
aim of legal ethics is to maintain honor and dignity of the legal profession to ensure the spirit of
friendly co-operation, honorable and fair dealing of the counsel with his clients as well as to
secure the responsibilities of the lawyers towards the society.

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