UNIT 1

INTRODUCTION
Importance of a Lawyer and legal
profession
Legal profession is considered as a noble, honorable and responsible
profession wherein it plays an important role in the administration of
justice.
As guardians of the law, lawyers play a key role in the legal system.
Lawyers are integral part of judicial system- facilitate in the
efficient conduct of judicial proceedings.
 Lawyers hold a position of privilege in the society.
 Legal profesionals-Valuable resource- knowledge about law
 As Legal professionals they have specialist knowledge in law
 Owes community interest
 Administration of justice
 Officers of the court
 Uphold rule of law
 Protect the rights of the clients- individuals
 Legal advise- guide the members of the society
 Law reform-interpretation-drafting legislations
 Legal aid –protects the rights of underprivileged sections of
the society
 In Adversarial system – he plays significant role
 According to Fuller and Randall -plays multiple roles –
 1.as advocate & counsellor
 2. instrumental role as a designer in other
collaborative works
 3.socialwelfare objective as a member of the society-
protect rights & promotes equality
 Mathew, J., “A Counsel has a tripartite relationship: one
with the public, another with the court, and the third
with his client. That is a unique feature. Other professions
or callings may include one or two of these relationships
but no other has the triple duty.”
 Prof. Madhava menon – “Law as a profession has an
important role in fulfilling the constitutional goals
and obligations. It has the duty to direct and
moderate social change by acting as conscience –
keeper of society. As a part of noble profession
responsible for ensuring that no section of the
society, because of economic or social status is
denied access to legal services. Lawyers should
actively work towards influencing govt. policies for
achieving social and economic justice”.
 Justice V R Krishna Iyer- “We need a legal
profession the Bench and the Bar together
committed to the people and the legal system
which provides dynamic equality, free legal aid
and at least opportunities for securing justice
without the hurdles of economic or other
disabilities.”
 They have to maintain the dignity and integrity of the legal
profession. Legal ethics ensure that the legal fraternity serves
the society honestly and present each case in the most formal
way possible so that the litigants have faith on not only their
legal representative or lawyer but also on the justice system.
 Lawyers and judges are integral of the working of law and the
judicial system—and rule of law itself is based on the principles
of justice, equity – if not followed ethics rule of law will fail
and there will be discontentment in the public-lose its
reputation and they will find alternate ways to resolve the
disputes.
Image of lawyers in public mind
 Survey by American Bar Association about lawyers , the following 5
responses are given by the public, ( Legal ethics, by JONATHAN
HERRING , Oxford University Press, 2017)
 Lawyers are too expensive
 Greedy
 Not honest
 There are too many lawyers
 They are self -serving, don’t care about the clients
 Survey in UK – shows that only 42 percent of respondents would trust a
lawyer to tell the truth.
 India: Values -declining –no confidence to public-commercialisation
– delay in delivering justice – no standards as to fees
 R K Anand v. Registrar of Delhi High Court (2009) 8 SCC 106- We
express our concern on the falling professional norms among the
lawyers with considerable pain because we strongly feel that unless
the trend is immediately arrested and reversed, it will have very
deleterious consequences for administration of justice in the
country. No judicial system in a democratic society can work
satisfactorily unless it is supported by a bar that enjoys the
unqualified trust and confidence of the people, that share the
aspirations, hopes and the ideals of the people and whose members
are monetarily accessible and affordable to the people.
 Public can have trust and confidence in the L P
only when there is a system of legal ethics- then
only there can be high regard for lawyers in the
society – if there is lack of ethical foundation in
the legal system – people will lose respect for the
law – A degree of respect for lawyers and the
legal system is crucial for a well- functioning
society.
 Ethics defines what is good for the individual and for society and establishes
the nature of duties that people owe to themselves and to one another.
 Every human society has created a set of ethical norms principles for its
members.
  Law and Ethics:  
 Being polite to every one – ethical 
 Helping others –ethical 
 Certain acts may be illegal but ethical-----not followed traffic rules
 Over a period of time core ethical values are conferred legal status and
became law.
 It is universally acknowledged that all legal theory is only applied ethics.
 Important principles of right to equality, personal liberty,
freedoms, human dignity, democracy, secularism etc. are a
reflection of the ethical values which the modern society has
considered as essential rights for the survival of human beings
with dignity.
 The values which are deemed to be inalienable are made part
of the basic structure of the Constitution and they assume the
character of being the grundnorm of the country.
 Preamble-conferred due respect to the values of democracy,
sovereignty, secularism, justice, liberty, equality and fraternity
which are essential for the governance of the country.
 Guaranteed Fundamental rights to the people – State is
prohibited from encroaching – duty of judiciary to protect
and uphold these rights.(Equality, freedom, religious
freedom, right against exploitation, cultural & educational
rights, cons. Remedies etc)
 DPSP- Welfare of the people
 F. duties –
 Laws
 At international level also UDHR, other international instruments
recognised the principles of human rights as inalienable rights of
all members of international community and as an essential
foundation for the establishment of freedom, justice and peace
in the world – also recognised promoting the protection of
environment, dignity of women –children – fight against poverty
and hunger – exploitation – promoting racial, linguistic, religious
tolerance.
 Thus there is connection between ethical values and legal
principles.
 Lawyers ethics are not different from general ethical
principles – but has enhanced form of ethics as legal
professionals
 Confidentiality of clients information/ confidentiality of private
information made to any person.
 But lawyers has enhanced obligation – every person must be
honest but lawyers are expected not only to be honest but also
appear to be honest and shall have highest standards of honesty.
 Lawyers and judges are integral of the working of law
and the judicial system and rule of law itself is based
on the principles of justice, equity – if not followed
ethics, rule of law will fail and there will be
discontentment in the public-lose its reputation and
they will find alternate ways to resolve the disputes
 Professor Wes Pue argued that “the availability of independent, confidential, and
privileged legal advice is essential if law’s promise is to be rendered tangible”.
He suggested that political actors are under “constant” pressure “to undermine
the independence of judiciary and lawyer” and that the threat to lawyer
independence can arise from state action but also through informal activities
such as “directions over lunch”.
 Justice Michael Kirby of Australia has similarly argued that accomplishment of
the rule of law requires that lawyers be permitted to “advance the interests of
their clients fearlessly” without “interference or fear of reprisal”.
 Vancouver lawyer Jack Giles argued that lawyers must be loyal only to their
clients, and not to the state.
 It is also argued that the destruction of lawyer independence coincides with the
undermining of democracy and legality.
SRA Code of Conduct, (1960) (Solicitors Regulation Authority,
UK)- 2011 new approach: 10 KEY PRINCIPLES
 
 Uphold rule of law and the proper administration of justice
 Act with integrity
 Not allow your independence to be compromised
 Act in the best interests of each client
 Provide a proper standard of service to your clients
 Behave in a way that maintain the public trust in you and the legal services
 Comply with your legal and regulatory obligations
 Protect client money and assets
 Run the profession effectively
 Run the profession in a way that encourages equality of opportunity and respect
for diversity.
Bar Hand Book, (1979)2015: Laid down certain standards and Core duties

 Observe your duty to the court in the administration of justice

 You must act in the best interests of each client
 You must act with honesty and integrity
 You must maintain your independence
 You must not behave in a way which is likely to diminish the trust and
confidence which the public places in you or in the profession
 You must keep the affairs of each client confidential
 You must provide a competent standard of work and service to each client.
 You must not discriminate unlawfully against any person
 You must be open and co operative with your regulators
 You must take reasonable steps to manage your practice competently and in
such a way as to achieve compliance with your legal and regulatory obligations.
 
American Bar Association
 1. Should assist in maintaining the integrity and competence of the legal
profession.
 2. Should assist the legal profession in fulfilling its duty to make legal counsel
available
 3. Should assist in preventing the unauthorised practice of law.
 4. Should preserve the confidence and secrets of a client
 5. Should exercise independent professional judgement on behalf of a client
 6. Should represent a client competently
 7. Should represent a client zealously within the bounds of the law
 8. Should assist in improving the legal system.
European Union-Ten Core principles
 1. The independence of the lawyer and the freedom of the lawyer to pursue
the clients case
 2. The right and duty of the lawyer to keep clients matters confidential and to
respect professional secrecy
 3. Avoidance of conflicts of interest, whether between different clients or
between the client and the lawyer
 4. Maintain the dignity and honour of the legal profession and the integrity and
good repute of the individual lawyer
 5. Loyalty to the client
 6. Fair treatment of clients in relation to fees
 7. The lawyers professional competence
 8. Respect towards professional colleagues
 9. Respect for the Rule of law and the fair administration of justice
 10.The self regulation of the legal profession.
BCI Rules –Chapter II Part VI.

 1. Duty to the Court

 Act in a dignified and respectful manner
 Prohibition of use of illegal or improper means
 Avoid conflict of interest
 Comply with dress code
 2. Duty to the Client
 Protect the interests of the client: Shall act only on the instructions of the
client or his authorised agent
 Conflict of interest: Shall not be a party to the litigation
 Duty of confidentiality
 Avoid frivolous litigation
 Fees and accounts: Shall not stipulate for a fee contingent on the results of
the litigation or agree to share the proceeds of a litigation
 3. Duty to opponent
 4. Duty to Colleagues
International Bodies and Professional code of
conduct
 International Bar Association & UNO
 IBA International Principles on Conduct for the Legal Profession
 1. Independence
 2. Honesty, Integrity and Fairness
 3. Conflict of Interest
 4. Confidentiality
 5. Clients interest
 6. Lawyers undertaking (Honour his work)
 7. Clients freedom
 8. Property of clients and third parties
 9. Competence
 10. Fees
UN Basic Principles on the Role of Lawyers

 Promote the enforcement of human rights –equality before law, fair hearing
etc.
 Always strive to protect the human rights of their clients recognised in various
international human rights instruments.
 Uphold rule of law
 Behave to uphold the honour and dignity of the profession
 Advise clients as o their legal rights and obligations, assist them legally to
their interest
 There was a huge growth in the legal profession in the
latter half of the 20th century – complexity of laws –
growing rights culture – increased access to higher
education – legal aid concept- Globalisation –
 Challenges
 1.trust
 2. Too many lawyers
 3. expensive