PROFESSIONAL ETHICS (CODE) - (K-3005)

SACHIN JAIN
LLB 3rd Semester Student
Cell: 9625672271
Enrollment No. 19162069

(SECTION A)

1. Legal practitioner
Answer:
Legal practitioner means an Advocate, Vakil, attorney of any High Court, a pleader, mukhtar, or revenue-
agent etc. Any qualified person who prosecutes or defends causes in courts of record or other judicial
tribunals of India, or of any of the states, or who renders legal advice or assistance in relation to any cause
or matter.

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2. Members of Bar Council of India

Answer:
According to the Advocates Act, the Bar Council of India consists of members elected from each state
bar council, the Attorney General of India and the Solicitor General of India who are ex-officio members.
The members from the state bar councils are elected for a period of five years. The council elects its own
chairman and vice-chairman for a period of two years from amongst its members. Assisted by various
committees of the council, the chairman acts as the chief executive and director of the council.

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3. Apology u/s 12 of Contempt of Court Act 1976. 2

Answer:

As per section 12 of Contempt of Court Act, 1971, a contempt of court can be punished with simple
imprisonment for a term which may extend to six months, or with fine which may extend to two thousand
rupees, or with both. But an accused may be discharged or the punishment awarded may be remitted on
apology being made by the accused to the satisfaction of the court.

It is pertinent to note that an apology is not supposed to be rejected merely on the ground that it is
qualified or conditional if the accused makes it bona fide.

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4. Object of Contempt Law

Answer:

The purpose of the law of contempt is to protect the machinery of justice and the interests of the public. It
provides a mechanism to prevent interference in the course of justice and to maintain the authority of

Sachin Jain | LL.B – 3 Years Program | 3rd Semester | Cell: 9625672271 | Enroll No. 19161963
the law, but it is a weapon that must be used sparingly. The object of contempt proceedings is not to
protect judges personally from criticism but to protect the public by preserving the authority of the court
and the administration of justice from undue attack, However, judges cannot use it to wreck personal
vengeance.

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5. Disqualification for enrolment as an Advocate

Answer:
Disqualification for enrollment is defined in section 24A of Advocates Act 1961 saying that No person
shall be admitted as an advocate on a State roll if

a. he is convicted of an offence involving moral turpitude.

b.  he is convicted of an offence under the provisions of the Untouchability Offences Act 1955
c.  he is dismissed or removed from employment or office under the State or any charge involving moral
turpitude.
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(SECTION- B)

1.

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2. What qualities required to be a successful Lawyer?

Answer:
a) Good communication skills: A Lawyer must have excellent communication skills and be
orally articulate, good writing skills and a good listener

b) Judgement: It is the skill to make, draw or reach the logical and logical conclusions from the
limited information provided and received.

c) Analytical Skills: Being involved and as a part of the legal industry, a lawyer or Advocate
must possess a distinctive attribute of analytical skills as if to crystallize the information
received either, half or wrong. A lawyer or Advocate must be able to analyze the events
by using the critical method of analyzing.

d) Research Skills: Another most crucial skill needed to be a good lawyer or Advocate is the
ability to research as quick as lightning, also, to be ready, the research and approach
towards the same must be valid and efficient taken into consideration the legal strategies
which satisfy and safeguards the interest of the clients.

Sachin Jain | LL.B – 3 Years Program | 3rd Semester | Cell: 9625672271 | Enroll No. 19161963
 e) Perseverance: Perseverance is the skill on the one side and attitude on the other. I want to
confess perseverance is the nature and attitude which develops the capability to deal and
perform the activities and task(s) assigned productively and constructively with the
numerous and variety-full events which in further embodies distractions.

f) Creativity: Few of the eminent Jurist(s) and Attorneys not only be perseverant but logical
and analytical also have the traits of creativity. In order to reach a possible best
conclusion, it is not always to take the paths of the precedents or the obviousness, one
must be creative and possess the ability to think out of the box.

g) Logical Thinking Ability: A lawyer has to be logical enough to draw and make out the
conclusions, following the approach of justifiableness and reasonableness. Even though
the other counsel is your opponent, but it should not be minded and must not be
considered and regarded as the enemy of the client or the lawyer itself. A fair amount of
good relations must be formed with the opposite counsel, but that ties must not be
affecting or disregard the interest of the client.

h) Public Speaking Skills: Well-spoken and be expressive being an essential skill that a
great lawyer possesses. A critical element(s) like public speaking and addressing a Court
of Law, a lawyer must be flawless and magnificent. Public speaking is a skill which can
be developed by acknowledging the fact that one correctly and genuinely want(s) to work
upon this skill.

i) Writing Skills: Excellent writing skills assists and aids in making the position of th client
and case, the marriage and fusion of both speaking and writing skills are invincible. In
order to become a great lawyer or Advocate, tremendous writing skills are needed which
are useful and beneficial while preparing the case arguments, briefs and other legal
documents.

j) Leadership Skills: No individual lacking leadership quality in itself can become a lawyer.
A lawyer must be accompanied by managerial skills to manage his team and leadership
skills, and thus leadership skills are necessary for a lawyer to be successful.

k) Listening Skills: To be a great lawyer, one must have and possess the quality and skill to
listen to each, and every individual tends to speak before him, develop the ability to listen
to others patiently and carefully. In practical, this skill helps the lawyer or Advocate and
their practice in every possible manner so as to cross-examine the witness, or to the
finding of the opposite counsel and facilitate in an effective rebuttal.

l) Decision Making Skills: Based on the understanding of the event with full reasonableness
and in a logistic manner, a lawyer can make out and draw conclusions based upon the
information provided to him and his past experiences. Decision-making skills are the

Sachin Jain | LL.B – 3 Years Program | 3rd Semester | Cell: 9625672271 | Enroll No. 19161963
 ability to take decisions out of situations and events after analyzing them, and another
person can judge the lawyer through his ability to make decisions that may in future
events bring stability and upgrade the personality of his client and perform accordingly
with the needs of the client taking into consideration its interest

m) Enquiring Skills: A good lawyer must have the capacity and ability to understand the
topics in its deepest sense and essence form, in lightning speed to understand the
numerous things simultaneously, the client, case, remedy, and justice he wishes to seek,
or likewise. Not only enquiring but, inquiring and analyzing the appropriate provisions
implied in a particular case.
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3. What do you mean by Bar Bench Relation? Explain in detail.

Answer:

The process of administration of justice includes both the Bench and Bar. In order to maintain the cordial
relation between Bar and Bench, mutual respect is necessary between them. Both the Advocate and judge
complement each other, the principal ground for recruiting judges is Bar, so they both belong to the same
community. But while discharging their duties sometimes they get into a harsh or heated argument.

When the advocate scandalizes the court, he corrupts the very foundation of justice and such conduct by
an advocate dishonors the process of administration of justice. Whatever is the status of court an
advocate’s behavior towards the court shall always be of respect. Whatever advocate thinks about the
Presiding officer, he must not show that in its attitude, because it’s his duty to uphold the dignity of the
judiciary. Also, it’s the duty of the judges to not only be polite or calm towards the advocates but to do
everything possible that will help the advocate in presenting his/her case.

Any misconduct done by any advocate or judge may amount to contempt of court, for example, if any
advocate uses any offending language against a judge or if he threatens the judge to transfer the case or
make scandalous allegations against a judge, etc. he commits contempt of court and for such an act he
liable to punishment also. In order to protect the confidence of the public in the process of Administration
of justice punishment for contempt of court is provided.

The Supreme Court in P.D. Gupta v. Ram Murti and Orscase has laid down his opinion on Bar and Bench
relation in the following words:

“An advocate should be fair not only towards his client but also towards the court as well as towards the
opposite party of the case. The process of administration of justice has to be kept clean and uncorrupted.
The Administration of justice not only concerns the Bench, it concerns both the Bench and the Bar. The
principal ground for recruiting judges is the Bar, both the judges and the advocates complement each
other. The main duty of an Advocate is to present the case in court by informing the court about the law
and the facts of the case and to help the court in arising at the conclusion of the case. For good
administration of justice, an advocate shall possess good advocacy skills, so that he can put forward the
case in court properly and not get interrupted by the judge unless the interruption is necessary.”

Sachin Jain | LL.B – 3 Years Program | 3rd Semester | Cell: 9625672271 | Enroll No. 19161963
 In the case of Mahant Hakumat Rai v. Emperor the high court held that :

“An advocate can claim their right to be heard by the court before which they are practicing while
performing their duty they shall be fearless and independent, and also they have the right to protest
against any irregular procedure done by any judge. He would be perfectly right in asking for getting a
proper hearing and objecting to any interruption made by the judge in order to disturb him while he is
arguing the case in court and performing his duty towards the client. However, the presence of
professional etiquette coupled with the recognition by the judiciary will help in reducing the conflicts
between the Bar and Bench”.

To conclude, we can say that an independent and fearless Bar is not preferred over an independent
Bench, similarly, an independent Bench is also not preferred over an independent and fearless Bar,
neither of them is superior over the other, both are essential for a free society. The freedom given to the
Bar requires an independent judiciary, through which if necessary the freedom that is given to the Bar, be
vindicated. A well-behaved, responsible, cultured, and a leaned Bar is one of the potent means for
assuring judges their independence. Finally, the keystone for the smooth functioning of the courts in the
general interest of the society is the reciprocal adjustment of conduct by the Bar and the Bench.

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(SECTION- C)

1. The Advocate Act provides remedies against the order of punishment for professional and other
misconduct. Explain what are those remedies?

Answer:

The Advocate Act provides remedies against the order of punishment. An advocate aggrieved by the
order of Disciplinary Committee can evoke the following remedies -

a) Review:  As per Section 44 of the Advocates Act 1961, the Disciplinary Committee of Bar Council of
India through its own motion or otherwise review any order, within 60 days of the date of order passed by
it under this Chapter. However, no such order of Review of the Disciplinary Committee of a State Bar
Council shall have effect, unless it has been approved by the Bar Council of India.
    
b) Revision: As per section 48a, the Bar Council of India may, at any time call for the record of
proceeding under this Act which has been disposed of by the State Bar Council or a Committee thereof,
and from which no appeal lies, for the purpose of satisfying itself as to the legality or propriety of such
disposal and may pass such orders in relation thereto as it may think fit. No order which prejudicially
affects any person shall be passed under this section without giving a reasonable opportunity of being
heard.

3) Application for Stay: According to Section 40(1) of the Advocate Act,1961, an Appeal made under
Section 37 or Section 38 shall not operate as a stay of the order appealed against, but the Disciplinary
Committee of India and the Supreme Court as the case may be, may for sufficient cause direct the stay of

Sachin Jain | LL.B – 3 Years Program | 3rd Semester | Cell: 9625672271 | Enroll No. 19161963
such order on such terms and conditions as it may deem fit. Rule 29 of chapter I Part VII of the Bar
Council of India Rules provides that an application for stay shall be accompanied by an affidavit and the
fee prescribed by the Bar Council of India.
   
 4) Appeal: An Appeal can be made against the order passed by the Disciplinary Committee may be
preferred to the Bar council of India and an appeal against the order of the Bar council of India may be
preferred to the Supreme Court.
either to the Bar Council of India or to the Supreme Court of India

a) Appeal to the Bar Council of India:  In case the order of punishment has been passed by the
Disciplinary Committee of the State Bar Council, an Appeal may be preferred to the Bar Council of
India. It provides that any person aggrieved by an order of the Disciplinary Committee of a State
Bar council may within 60 days of the order, prefer an appeal to the Bar Council of India. Every
such Appeal is heard by the Disciplinary Committee of the Bar Council of India which may pass
such order including an order varying the punishment awarded by the Disciplinary Committee of
the State Bar Council thereon as it deemed fit.
        Provided that no order of the Disciplinary Committee of the State Bar Council shall be varied by
the Disciplinary Committee of the Bar Council of India so as to prejudicially affect the person
aggrieved without giving him a reasonable opportunity of being heard.

 b) Appeal to Supreme Court: As per Advocates Act,1961 any person aggrieved by an order made
by the Disciplinary Committee of the Bar Council of India may prefer an appeal to the Supreme
Court and the Supreme Court may pass such order including an order varying the punishment
awarded by the disciplinary committee of the Bar Council of India thereon as it deems fit. It is
important to note here that no order of the Disciplinary Committee of the bar Council of India shall
be varied by the Supreme Court so as to prejudicially affect the person aggrieved without giving
him a reasonable opportunity of being heard .

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2.

3.

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4. What are the various functions of Bar Council of India? Explain in detail

Answer: Bar Council of India has following functions:

a) to lay down standards of professional conduct and etiquette for advocates

b) to promote and support law reform
c) to lay down the procedure to be followed by its disciplinary committee and the disciplinary
committee of each state bar council.
d) to safeguard the rights, privileges and interests of advocates
e) to deal with the disposal of any matter arising under the Act which may be referred to it by a state
bar council.
f) to exercise general supervision and control over the state bar council
g) to promote legal education and to lay down standards of such education in consultation with the
universities in India imparting such education and the state bar council

Sachin Jain | LL.B – 3 Years Program | 3rd Semester | Cell: 9625672271 | Enroll No. 19161963
 h) to recognize universities whose degree in law shall be a qualification for enrollment for an
advocate for that purpose to visit and inspect universities or cause the state bar council to visit
and inspect universities in accordance with such direction as it may be given in this behalf
i) to conduct seminars and organize talks on legal topics by eminent jurist and publish journals and
papers of legal interest
j) to organize legal aid to the poor in the prescribed manner
k) to recognize on a reciprocal basis foreign qualification in law obtained outside India for the
purpose of admission as an advocate under this Act.
l) to manage and invest the funds of the bar council
m) to provide for the election of its members
n) To give such financial assistance as it fit to the State Bar Council in need of funds for the purpose
of performing its function.
o) To prevent a citizen of any country from practicing profession of law in India when that country
specified by the central government in this behalf, prevents citizen of India from practicing the
profession of law in their country.
p) To call for the record of any proceedings from any State Bar Council or Committee thereof to see
legality and proprietary of such proceeding.
q) To give its own order of any of its committee accept the disciplinary committee.
r) To give direction to the State Bar Council or any other Committee thereof for the proper and
efficient discharge of the functions of the State Bar Council.
s) To hear appeal by an advocate against any order of Disciplinary Committee of the Bar Council
t) To admit newly appointed Advocates in its roll and allow them to practice in the courts

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5. What are duties of Lawyer in a criminal case? Explain in brief

Answer:
A criminal lawyer has to perform various duties while dealing with a case such as:

i. Investigate the case and interview witnesses

ii. Build a defense and develop a case strategy
iii. Research case law, statutes, crimes codes, and procedural law
iv. Negotiate with the prosecution to plea bargain to lesser charges
v. Draft, file and argue motions such as motions to dismiss and motions to suppress
vi. Advocate for the defendant at trial
vii. Draft, file and argue appeals

In addition to the above job functions, following are the duties of a Lawyer in a case:

a) The lawyer should conduct himself with dignity and self-respect while presenting his case
b) He should keep in mind the dignity of the Judge and should maintain a respectful attitude towards
the court.
c) He should not, by any improper means, try to influence the decision given by the court
d) In case of any grievance, he can make a complaint against the judicial officer but it has to be
before proper authorities and there has to be serious offence done by the judicial officer

Sachin Jain | LL.B – 3 Years Program | 3rd Semester | Cell: 9625672271 | Enroll No. 19161963
 e) He should prevent his client from resorting to unfair practices and also himself should not do any
of such acts.
f) He should follow the prescribed Dress code while appearing before the court
g) An advocate should not take up any case of his family members and relatives
h) No bands or gowns had to be worn by the advocate in the public places. It is only limited to the
court premises.
i) The lawyer cannot be as a surety for his client. An advocate shall not act or plead in any matter in
which he has some kind of pecuniary interest.
j) It is the duty of the advocate to cooperate with the bench in the court.
k) He should perform his functions in such a manner that due to his acts the honor, dignity and
integrity of the courts shall not be affected.
l) He should not laugh or speak loudly in the court room especially when the proceedings are going
on
m) When an advocate accepts a brief, he should attend all adjournments properly. If he has any other
work in another court, he should first obtain the permission from the court concerned. Particularly
in criminal cases, it is the first and foremost duty of an advocate to attend.
n) While the case is going on, the advocate cannot leave the court without court's permission and
without putting another man in charge, preferably his colleague or junior or friend advocate.

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Sachin Jain | LL.B – 3 Years Program | 3rd Semester | Cell: 9625672271 | Enroll No. 19161963