Lawyers and Ethics

Legal Profession in India

India has the worlds second largest legal profession with more than 600,000 lawyers. The
predominant service providers are individual lawyers, small or family based firms. Most of the
firms are involved in the issues of domestic law and majority work under countrys adversarial
litigation system. The conception of legal services as a noble profession rather than services
resulted in formulation of stringent and restrictive regulatory machinery. These regulations have
been justified on the grounds of public policy and dignity of profession .

Over the years courts have recognized Legal Service as a service rendered to the consumers
and have held that lawyers are accountable to the clients in the cases of deficiency of services. In
the case of Srinath V. Union of India(AIR 1996 Mad 427) Madras High Court held that, in view of
Sec. 3 of Consumer Protection Act, 1986. Consumer redressal forums have jurisdiction to deal
with claims against advocates. Sec. 2 (U) of competition Act, 2002 defines the term Service
along the lines of consumer protection Act, 1986. Thus it may be concluded that legal services
are becoming subject of trade related laws where consumerism and market forces should be
given adequate space.

Lawyers and Ethics

He who practices law is not merely a lawyer but acts as moral agent and that character he cannot shake off by any other character on any
professional character. He derives from the belief that he shares sentiment of all mankind. This influence of his morality is one of his
possession, which he is bound to use.
An Advocate shall not deal with the client's property so as to acquire any interest for personal benefit or gain by taking advantage of
confidence, repose in him by his client. He should not lend any money, to the client for any action or legal prosecution. He should not
acquire in any manner whatsoever any interest in the subject matter of the litigation. He should not stand surety for his client.
An Advocate shall conduct himself with due dignity and self-respect. He should show due respect to the Judiciary Office and shall not act
so as to undermine confidence in Judiciary. He is not supposed to excert any personal influence on the Court nor gives any impression that
he possesses personal influence with the Court of Judge.
He shall not render any services or give advice to imply disrespect to the establishment of judiciary. He shall assist in the administration of
justice. He should be respectful to the judicial officers and shall not act in any manner to undermine confidence in Judiciary. He should be
frank and fair with the Court. He should not make a deliberate wrong statement or deliberately misquote the contents of the document,
testimony of the witness, the opinion or argument of opposing Counsel, any of decision or a context in the book, to cite authority and
decision, or that has been overruled or statute that has been repealed or amended.
The duty of an Advocate towards the profession is that he shall not speak ill of the profession but shall conduct himself in a such a way as
to enhance regard, respect sympathy and strive to maintain the honour and dignity of the profession. An Advocate shall not discuss case
or appeal, should not divert or solicit work by advertisement. An Advocate shall not engage intermediaries for procuring work. An
Advocate shall not engage himself in intermediaries for procuring work

 A lawyer shall not act contrary to basic principles of morality and at all times shall act honestly.
He should not render any service or give advice involving breach of law or implying disrespect to
the established judiciary. He should conduct himself with due dignity and self-respect and shall
assist in the enforcement of law and administration of justice. He is the backbone of the society.
Advocacy is the respectable noble profession on the principles. Firstly, the Advocate is not
expressing his own opinion. Secondly, Advocate performs on behalf of his client. Thirdly, his
primary function is to assist to Court to determine his clients' rights. In fact, Supreme Court in
case of the Bar Council of Maharashtra and Goa has observed "Legal Profession is a partner with
judiciary in the administration of the justice".

The Advocate owes duty to the client, court, to the society and to the profession.
The Advocate owes a very substantial duty to the person who puts his life, liberty, finances,
reputation, or general happiness into his hands. The client 'must rely on him at times for fortune
and character and life'. His obligation is to represent his client, any client, no matter how
unmeritorious the case, 'no matter how great a ill-reputed the man may be, no matter how
undeserving or unpopular his cause'.

When counselling the client, a lawyer can and should express his opinions fully and frankly about
all aspects of the case, legal and ethical. The client can insist on having clear and definite advice
as to what is going to happen in court and, in many cases, what is going to be reported in the
newspapers.

In giving the advice, he should act honestly and in good faith and shall not take advantages of
ignorance of the client. He shall devote to the client's cause is executed and skill to the utmost of
his ability. An Advocate shall not disclose any matter communicated to him in his professional
capacity nor use any knowledge obtained in any other proceedings except with the consent of his

Breach of Ethics

No advertising or soliciting work

Not demand fees for training
Not use name/services for unauthorised practice
No appearance without consent of the advocate
already engaged
Duty to opposite party
Duties of an advocate towards his client

Procedure followed on the notice of

misconduct
(1) In exercise of powers under Section 35 contained in Chapter V entitled conduct of advocates, on receipt of a complaint
against an advocate (or suo motu) if the State Bar Council has reason to believe that any advocate on its roll has been guilty of
professional or other misconduct, disciplinary proceeding may be initiated against him.
(2) Neither Section 35 nor any other provision of the Act defines the expression legal misconduct or the expression
misconduct.
(3) The Disciplinary Committee of the State Bar Council is authorised to inflict punishment, including removal of his name from
the rolls of the Bar Council and suspending him from practice for a period deemed fit by it, after giving the advocate concerned
and the Advocate General of the State an opportunity of hearing.
(4) While under Section 42(1) of the Act the Disciplinary Committee has been conferred powers vested in a civil court in respect
of certain matters including summoning and enforcing attendance of any person and examining him on oath, the Act which
enjoins the Disciplinary Committee to afford an opportunity of hearing (vide Section 35) to the advocate does not prescribe the
procedure to be followed at the hearing.
(5) The procedure to be followed in an enquiry under Section 35 is outlined in Part VII of the Bar Council of India Rules2 made
under the authority of Section 60 of the Act.
(6)Rule 8(1) of the said Rules enjoins the Disciplinary Committee to hear the concerned parties that is to say the complainant
and the concerned advocate as also the Attorney General or the Solicitor General or the Advocate General. It also enjoins that if
it is considered appropriate to take oral evidence the procedure of the trial of civil suits shall as far as possible be followed .