PE Assignment

AMITY UNIVERSITY RAJASTHAN
AMITY LAW SCHOOL
Professional Ethics Assignment
Blog
Professional Ethics and Lawyers
Submitted To: Submitted By:

Dr. Anumeet Kaur Aditya Kumar Upadhyay &
Assistant Professor Deepti Mudgal
Amity Law School B.A.LL.B.(H)10th Semester
Professional Ethics and Lawyers

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Professional ethics includes a code of ethics that governs the actions of persons practicing
law and persons operating in the legal sector. All members of the bar have a primary duty to
the court and to the administration of justice. This duty takes precedence over all other
duties, especially in circumstances where there may be a conflict of duties. It is a code of
rules that governs the behaviour and conduct of a practicing attorney toward himself, his
client, the opposing party, his counsel, and of course toward the court. Ethics means
principles of behaviour that are applied to an ordinary citizen in society, will be a measure of
morality for a lawyer as well. Professional ethics consists of those basic values on which the
profession was built. Legal ethics is one of the professional ethics that imposes on its
members certain obligations for compliance that it has towards society, the court, the
profession, its client and itself. 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.
Chapter II of Part VI of the Rules framed by the Bar Council of India deals with standards of
professional conduct and etiquette. These rules specify the duties of an advocate before the
Court, client, opponent and colleagues, etc. The preamble states that “An advocate must at
all times conduct himself in a manner befitting his position as an officer of the Court, a
privileged member of the community and a gentleman, bearing in mind that what may be
legal and moral for a person who is not a member of the bar, or for a member of the bar in
his non-professional capacity, may still be inappropriate for a lawyer. Without prejudice to
the generality of the above obligation, a lawyer is obliged to fearlessly defend the interests
of his client and in his actions to follow the rules below, both in letter and in spirit.
 Advocates Act, 1961:
It was introduced to implement the recommendations of the All-India Bar Committee and in
view of the recommendations of the Law Commission regarding the legal profession.
Parliament established The Bar Council of India under Section 4 of the Advocates Act, 1961.
Under Section 7(1)(b), the Council has to lay down standards of professional conduct and
etiquette for advocates. And section 49(1)(c) enables the Bar Council of India to make rules
to prescribe the standard of professional conduct to be observed by advocates.
 Lawyers’ duty to the court:
The Bar Council of India has laid down certain rules which prescribe the duties of an
advocate towards the court. These obligations can be explained as follows:
 Behave with dignity:
You are required to conduct yourself with dignity and self-respect when presenting your case
and otherwise acting as an advocate in court. A lawyer must not be an official, and in the
case of a proper reason for a serious complaint against a court official, it is his right and duty
to present his complaints to the competent authority. In the case of D.C. The Saxena court
held that the rule authorizes an advocate to file a complaint against a judicial officer, but it
should be submitted to the proper authority.
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 Refuse to act in an illegal manner towards the opposition:
The rule requires a lawyer to use his best efforts to restrain and prevent his client from
resorting to sharp or unfair practices in the opposite direction or from doing anything in
relation to the court, opposing counsel or the parties that the lawyer himself should not do.
It also requires a lawyer to refuse to represent a client who persists in such inappropriate
conduct. The rule clearly states that an attorney is not considered a mere mouthpiece for
the client and will exercise his or her own judgment in using restrained language in
correspondence, avoiding offensive attacks in pleadings, and using intemperate language
during arguments in court.
 Perform in the correct dress code:
A lawyer can always appear in court only in prescribed clothing and his appearance must
always be presentable.
 Refuse to appear Infront of relatives:
An advocate shall not appear, act, plead or practice in any manner before any court, tribunal
or authority referred to in section 30 of the Advocates Act, 1961 if the sole or any member
thereof is related to the advocate as father, nephew. , grandfather, son, grandson, uncle,
brother, nephew, cousin, husband, mother, wife, daughter, sister, niece, aunt, sister-in-law,
mother-in-law and father-in-law, son-in-law, daughter-in-law. For the purposes of this rule, a
court means a court, panel or tribunal in which the above relationship of attorney is a judge,
member or presiding officer.
 Lawyers’ duty to the court:
The Bar Council of India has laid down certain rules which prescribe the duties of an
advocate towards the court. These obligations can be explained as follows:
 Behave with dignity:
You are required to conduct yourself with dignity and self-respect when presenting your case
and otherwise acting as an advocate in court. A lawyer must not be an official, and in the
case of a proper reason for a serious complaint against a court official, it is his right and duty
to present his complaints to the competent authority. In the case of D.C. Saxena court held
that the rule authorizes an advocate to file a complaint against a judicial officer, but it should
be submitted to the proper authority.
 Refuse to act in an illegal manner towards the opposition:
The rule requires a lawyer to use his best efforts to restrain and prevent his client from
resorting to sharp or unfair practices in the opposite direction or from doing anything in
relation to the court, opposing counsel or the parties that the lawyer himself should not do.
It also requires a lawyer to refuse to represent a client who persists in such inappropriate
conduct. The rule clearly states that an attorney is not considered a mere mouthpiece for
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the client and will exercise his or her own judgment in using restrained language in
correspondence, avoiding offensive attacks in pleadings, and using intemperate language
during arguments in court.
 Perform in the correct dress code:
A lawyer can always appear in court only in prescribed clothing and his appearance must
always be presentable.
 Refuse to appear in front of relations:
An advocate shall not appear, act, plead or practice in any manner before any court, tribunal
or authority referred to in section 30 of the Advocates Act, 1961 if the sole or any member
thereof is related to the advocate as father, nephew. , grandfather, son, grandson, uncle,
brother, nephew, cousin, husband, mother, wife, daughter, sister, niece, aunt, sister-in-law,
mother-in-law and father-in-law, son-in-law, daughter-in-law. For the purposes of this rule, a
court means a court, panel or tribunal in which the above relationship of attorney is a judge,
member or presiding officer.
 Do not wear belts or dresses in public places:
The rule requires an advocate not to wear armbands or gowns in public except in court,
except on such ceremonial occasions and at such places as may be directed by the Bar
Council of India and the court.
 Not to represent organizations of which he is a member:
The rule provides that an advocate shall not appear before any court or tribunal or other
body for or against an organization, institution, company or corporation if he is a member of
the executive committee of such organization, institution, company or corporation. .
However, it has been clarified that this rule does not apply to such member acting as
“amicus curiae” or without honoraria on behalf of the Bar Council, incorporated law society
or Bar Association.
 It does not occur in matters of pecuniary interest:
A lawyer may not act or appear in any matter in which he himself has any pecuniary interest.
 It does not stand as a guarantee for the client:
The attorney does not guarantee or certify the adequacy of the surety bond for his client,
which is required for the purpose of any legal proceeding.

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AMITY UNIVERSITY RAJASTHAN

AMITY LAW SCHOOL

Professional Ethics Assignment

Professional Ethics and Lawyers

Submitted To: Submitted By:

Professional Ethics and Lawyers

 Advocates Act, 1961:

 Lawyers’ duty to the court:

 Behave with dignity:

 Perform in the correct dress code:

 Refuse to appear Infront of relatives:

 Lawyers’ duty to the court:

 Behave with dignity:

 Refuse to act in an illegal manner towards the opposition:

 Perform in the correct dress code:

 Refuse to appear in front of relations:

 Do not wear belts or dresses in public places:

 Not to represent organizations of which he is a member:

 It does not occur in matters of pecuniary interest:

 It does not stand as a guarantee for the client:

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