Вы находитесь на странице: 1из 36

RULES ON AN ADVOCATE’S DUTY TOWARDS THE COURT

• 1. Act in a dignified manner


• 2. Respect the court
• 3. Not communicate in private
• 4. Refuse to act in an illegal manner towards the opposition
• 5. Refuse to represent clients who insist on unfair means
• 6. Appear in proper dress code
• 7. Refuse to appear in front of relations
• 8. Not to wear bands or gowns in public places
• 9. Not represent establishments of which he is a member
• 10. Not appear in matters of pecuniary interest
• 11. Not stand as surety for client
RULES ON AN ADVOCATE’S DUTY TOWARDS THE
CLIENT
• 1. Bound to accept briefs
• 2. Not withdraw from service
• 3. Not appear in matters where he himself is a witness
• 4. Full and frank disclosure to client
• 5. Uphold interest of the client
• 6. Not suppress material or evidence
• 7. Not disclose the communications between client and
himself
• 8. An advocate should not be a party to stir up or
instigate litigation.
• 9. An advocate should not act on the instructions of any
person other than his client or the client’s authorised
agent.
• 10. Not charge depending on success of matters
• 11. Not receive interest in actionable claim
• 12. Not bid or purchase property arising of legal proceeding
• 13. Not bid or transfer property arising of legal proceeding
• 14. Not adjust fees against personal liability
• 15.An advocate should not misuse or takes advantage of the
confidence reposed in him by his client.
• 16.Keep proper accounts
• 17. Divert money from accounts
• 18. Intimate the client on amounts
• 19. Adjust fees after termination of proceedings
• 20. Provide copy of accounts
• 21. An advocate shall not enter into arrangements whereby
funds in his hands are converted into loans.
• 22. Not lend money to his client
• 23. Not appear for opposite parties
• RULES ON ADVOCATE’S DUTY TO
OPPONENTS
• 1. Not to negotiate directly with opposing party
• 2. Carry out legitimate promises made
• RULES ON AN ADVOCATE’S DUTY
TOWARDS FELLOW ADVOCATES
1. Not advertise or solicit work
• 2. Sign-board and Name-plate
• 3. Not promote unauthorized practice of law
• 4. An advocate shall not accept a fee less than the
fee, which can be taxed under rules when the
client is able to pay more.
• 5. Consent of fellow advocate to appear
• Purchase of the property in dispute of the client
Case: P.D. Gupta v. Ram Murti and Anr.
Suspension of one year from practice.
• Non filing of the case or filing of the case with nominal court fees
Case : Allahabad Bank v. Girish Prasad Verma
the striking of the name of the advocate from the roll of the U.P Bar Council.
• Deliberate delay in filing of the suit
Case: Prof. Krishanraj Goswami v. Vishwanath D. Mukashikar
suspension of licence for three years.
• Suppression of material facts with intention to harass poor persons
Case: Smt. Sudesh Rani v. Munish Chandra Goel
his licence to practice would be suspended for a period of two years
• Manipulation of the judgement and the decree
Case: Surendra Nath Mittal v. Daya Nand Swaroop
Suspension for one year.
• Handing over of forged documents to the opposite party
Case: Pratap Narain v. Y.P. Raheja
removal of his name from the roll maintained by the Bar Council of Delhi.
• Defrauding the client by exploiting his/her illiteracy
Case: Vikramaditya v. Smt. Jamila Khatoon
• Advocate actively engaged in carrying other business
Case: Babu Lal Jain v. Subhash Jain
• Advocate attending the court with fire arms
Case: UP Sales Tax Service Association v. Taxation Bar
Association, Agra
• Refusal to return the will
Case: John D’souza v. Edward Ani
• Sambhu Ram Yadav v.Hanuman Das Khatry, 2001 6 SCC
165
• Noratanman Courasia v. M. R. Murali, AIR 2004 SC 2028
• N.G. Dastane v. Shrikant S. Shinde, AIR 2001 SC 2028
• Bar Council of Maharashtra v. M.V. Dahbolkar, AIR 1976
SC242
• Harish Chandra Tiwari v. Baiju, AIR 2002 SC 548.
• Harish uppal V. Union of India, 2003(1)ALLMR(SC)1169
• Vinay chandra mishra, in re, 1995. 2. SCC 584
• R.K. Ananad v. Registrar of Delhi High Court, 2009. 8
SCC 106
• R.K. Garg Advocate v. State of Himachal Pradesh, (1981)
3 SCC 166
• M.B. & Sanghi, Advocate vs. High Court of Punjab &
Haryana, (1991) 3 SCC 600
Medical ethics and Law

Indian Medical Council


(Professional conduct, Etiquette and Ethics)
Regulations, 2002.
Duties and responsibilities of the Physician in general

 MBBS or MBBS with post graduate degree/ diploma


 Dignity and honour
 Service to humanity;
 reward or financial gain is a subordinate consideration.
 assumes the obligation to conduct himself in
accordance with its ideals.
 an upright man, instructed in the art of healings.
 pure in character and be diligent in caring for the sick;
 he should be modest, sober, patient, prompt in
discharging his duty without anxiety;
 conducting himself with propriety in his profession
and in all the actions of his life.
 Modern system of Medicine or Surgery
Maintaining good medical practice:
Improve medical knowledge and skills
Professional attainments.
Scientific basis and should not associate
professionally with anyone who violates this
principle.
Responsibilities of the physician extend not only
to individuals but also to society.
Associations and societies of allopathic medical
professions
Professional meetings as part of Continuing
Medical Education programmes
Maintenance of medical records
• Maintain the medical records pertaining to his /
her indoor patients
• Patients / authorised attendant or legal
authorities
• Register of Medical Certificates
• Signature and/or thumb mark, address and at
least one identification mark of the patient
• Computerize medical records
Display of registration numbers
Registration number, prescriptions, certificates,
money receipts
Suffix to their names only recognized medical
degrees
Use of Generic names of drugs
Highest Quality Assurance in patient care
Exposure of Unethical Conduct
Payment of Professional Services
Evasion of Legal Restrictions
 Drugs and Cosmetics Act, 1940;
 Pharmacy Act, 1948;
 Narcotic Drugs and Psychotropic substances Act, 1985;
 Medical Termination of Pregnancy Act, 1971;
 Transplantation of Human Organ Act, 1994;
 Mental Health Act, 1987;
 Environmental Protection Act, 1986;
 Pre-natal Sex Determination Test Act, 1994;
 Drugs and Magic Remedies (Objectionable
Advertisement) Act, 1954;
 Persons with Disabilities (Equal Opportunities and Full
Participation) Act, 1995 and
 Bio-Medical Waste (Management and Handling) Rules,
1998
DUTIES OF PHYSICIAN TO THEIR PATIENTS
• Obligations to the Sick
• Patience, Delicacy and Secrecy
• Prognosis
• The Patient must not be neglected
• Engagement for an Obstetric case
DUTIES OF PHYSICIAN IN CONSULTATION
• Unnecessary consultations should be avoided
• Consultation for Patient’s Benefit
• Punctuality in Consultation
• Statement to Patient after Consultation
• Treatment after Consultation
• Patients Referred to Specialists
• Fees and other charges
• Display his fees and other charges
• Name and designation in full along with registration
• Note: In Government hospital where the patient–load is
heavy, the name of the prescribing doctor must be written
below his/her signature.
RESPONSIBILITIES OF PHYSICIANS TO EACH OTHER

• Conduct in consultation
• Consultant not to take charge of the case
• Appointment of Substitute
• Visiting another Physician’s Case
• Duties of physician to the public & to the
paramedical profession
• Physicians as Citizens
Public and Community Health
Pharmacists / Nurses
UNETHICAL ACTS
 Advertising
 On starting practice
 On change of type of practice
 On changing address.
 On temporary absence from duty.
 On resumption of another practice.
 On succeeding to another practice.
Public declaration of charges.
 Patent and Copyrights
 Running an open shop (Dispensing of Drugs and Appliances
by Physicians)
 Rebates and Commission
 Secret Remedies
 Human Rights
 Euthanasia
Misconduct
Violation of the Regulations
Adultery or Improper Conduct
Conviction by Court of Law
Sex Determination Tests
Signing Professional Certificates, Reports and
other Documents – (Post mortem Reports)
Abortion or any illegal operation
Certificates of efficiency
Lay press articles & give interviews
Maternity home, nursing home, private hospital,
rehabilitation centre
Misconduct
Large sign board & write on it anything other
than his name, qualifications
Religious grounds
Consent
Photographs / Case reports of his / her patients
Touts or agents
 Invitro fertilization or artificial insemination
Research
Physician posted in rural area
Physician posted in a medical college/institution
Punishment & disciplinary action
The Patient Consents
Disclosure of Information

Injury to patient
Contract •Patient’s right to
Inability to determine their
understand
Impractical to tell a
own destiny
Patient absolutely •Full involvement
everything

Sharing of Information Within the Healthcare


Team
Disclosure to Insurance Companies &
Employees
Disclosure is the Patients Best Interest
Disclosure to the Police
Refusal of Treatment
Confidentiality & Health Care Profession
Confidentiality & Child
Confidentiality within the Family
Genetic Confidentiality
Medical Confidentiality & Legal Process
Public Interest
Patient Autonomy - Ethics & Law
Moral Status of Human Being
 Protection of Rights of Patient under Medical Ethics
 Control of Fertility
 Medical Ethics & Right to Life
 Abortion (Medical Termination of Pregnancy Act, 1971)
 Sex - Pre-Selection, Sex Determination & Female
Foeticide
 Artificial Insemination /Assisted Pregnancy / Surrogate
Motherhood – Designer Babies – Cloning
 Clinic Trials
 Organ Transplantation & Medical Ethics
• Media
• Sport person
• Engineer
• Chartered Accountant
• Company Secretary
• Actors
• Public Service - Police
Judicial ethics and Law
Justice Cardozo once said “Deep below
consciousness are other forces, the likes and the
dislikes, the predilections
and the prejudices, the complex of instincts and
emotions and habits and
convictions, which make the man, whether he be
litigant or judge.”
Constitutional Public Speech
Values

Avoiding Class
Public Trust
Bias

Compassion Family
& Conduct
Conscience
Recusal
Judicial ethics in different jurisdiction
Model Code of Judicial Canadian Judicial Ethical
Conduct was introduced Principles (1971)
by the ABA (USA)(1972)
1 Judicial
1 Judicial independence
& integrity, Independence
2 Avoid impropriety & 2 Integrity
the appearance of
impropriety, & 3 Diligence
3 Be impartial & diligent 4 Equality
in performing their
duties. 5 Impartiality
Australian ‘Guide to Judicial conduct’ draws heavily from
the Canadian Ethical Judicial Principles

a. To uphold public confidence in the


administration of justice

b. To enhance public respect for the


institution of the judiciary &

c. To protect the reputation of


individual judicial officers & of the
judiciary.
The Beijing Principles (1991)

Charter of
the United Nations Universal Declaration of
(1945) Human Rights (1948)

International Covenant International Covenant


on on
Economic, Social & Civil & Political Rights
Cultural Rights (1966) (1966)
Bangalore Principles of Judicial Conduct (2002)
Universal Declaration of Human Rights
International Covenant on Civil & Political
Right
Regional human rights instruments
Domestic constitutional, statutory & common law, &
in judicial conventions & traditions
Implementation of all the other rights
Upholding Constitutionalism & the Rule of Law
Public confidence in the judicial system
Respect & honour judicial office as a public
trust
Promotion & maintenance of high standards of
judicial conduct
Bangalore Principles....
Guidance to judges
To assist members of the
Executive
Legislature
Lawyers
Public in general
To better understand & support the
judiciary
Judges are accountable to maintain
judicial standards
Value 1 - Independence
Extraneous influences, inducements, pressures,
threats or interference, direct or indirect, from
any quarter or for any reason in relation to
society
Free from inappropriate connections
Independent of judicial colleagues
Encourage & uphold safeguards for the
discharge of judicial duties
High standards of judicial conduct
Value 2 - Impartiality
Judicial duties without favour, bias or prejudice.
Maintains & enhances the confidence of the
public, the legal profession & litigants in the
impartiality of the judge & of the judiciary.
Disqualified from hearing or deciding cases
Make any comment that might reasonably be
expected to affect the outcome of such
proceeding or impair the manifest fairness of the
process.
 Judge is unable to decide the matter impartially or in
which it may appear to a reasonable observer that the
judge is unable to decide the matter impartially.
Value 2 - Impartiality
 Such proceedings includes -
 Actual bias or prejudice concerning a party / Personal
knowledge of disputed evidentiary facts concerning the
proceedings;
 Judge previously served as a lawyer / was a material
witness in the matter in controversy
 Judge / a member of the judge’s family has an
economic interest in the outcome of the matter in
controversy:
Provided that disqualification of a judge shall not be
required if no other tribunal can be constituted to
deal with the case / because of urgent
circumstances, failure to act could lead to a serious
miscarriage of justice.
Value 3 - Integrity
Value 4 - Propriety
Avoid impropriety & the appearance of
impropriety
Personal restrictions
Suspicion/Appearance of favouritism /Partiality
Judge’s family represents a litigant
Use of the judge’s residence by a member of the
legal profession to receive clients
Judge’s personal & fiduciary financial interests
Judge’s judicial conduct
Value 4 - Propriety
 Private interests of the judge
 Confidential information
 Write – Lecture - Teach & Participate in activities
concerning
Law - legal system - administration of justice /
related matters;
 Appear at a public hearing before an official body
concerned with matters relating to the law, the legal
system, the administration of justice/related
matters;
 Not practise law
 Associations of judges
 Any gift, bequest, loan / favour
 Court staff / others subject to the judge’s influence
 Judge may receive a token gift, award / benefit
Value 5 - Equality
Diversity in society
Manifest bias / Prejudice
Judicial duties
Differentiate between persons
Lawyers in Proceedings
Value 6 - Competence & Diligence
Judicial duties
Judge’s professional activity
Judge’s knowledge, skills & personal qualities
Maintain order & decorum