Academic Year: 2024-25

Subject: Practical Training- I

Professional Ethics and
Professional Accounting System
FIRST YEAR GEN.LL.B ( 3 Years Course) – Semester I ( 75: 25 Pattern)
Prof. Viraj Deshpande
Assistant Professor (Law)
ABACL

Prof. Viraj Deshpande, ABACL 1

 Clinical Legal Education
1st Year 2nd Year 3rd Year

Sem 1- Practical Training 1 Sem 3- P.T. -2 Sem 5- PT 3

Sem 2- Drafting , Pleading and Sem 4 – DPC 2 Sem 6- DPC 3

Conveyancing -1

Prof. Viraj Deshpande, ABACL 2

Why Practical Training Course?
• This course is as prescribed by the Bar Council of India(BCI) as a
compulsory clinical course.
• The course is designed to imbibe in students the values
forming the basis of the profession so that they can live up to
those standards in their professional life and hence includes BCI
laid down professional ethics and the disciplinary powers of Bar
Council over the advocates for misconduct in the
teachinglearning of this course.
• *** PASSING IN PRACTICAL TRAINING EXAMINATION IS
COMPULSORY UNDER UNIVERSITY RULES, TAKE NOTE.
Prof. Viraj Deshpande, ABACL 3
 Course Outcomes:

• At the end of the course, the students will be able to:

• 1. Understand the eligibility and procedure for enrolment and required
ethical standards of the legal profession.
• 2. Distinguish between the different kinds of lawyers and their roles
• 3.Know the qualities of a good lawyer, privileges of a lawyer and the right
to practice
• 4.Know duties of advocates and the rules of legal professionalism
• 5.Know professional misconduct and powers and procedure for disciplinary
action against erring advocates
• 6. Know and apply the contempt of court law and basic accountancy
required for advocates

Prof. Viraj Deshpande, ABACL 4

 TimeLine
Date Topic

Lecture no. 1 Introduction of Subject and Module 1

Lecture no. 2 Module no. 2 and Module no. 3

Lecture no. 3 Module no. 4 and doubt solving

Project submission and Viva ( 25 marks) Will be informed later

Written Examination ( 75 marks) Will be informed later

Prof. Viraj Deshpande, ABACL 5

 Internal Examination : 25 Marks

You will be given a written assignment .

Viva will be conducted based on the

assignment .

ASSESSMENT

Prof. Viraj Deshpande, ABACL

Assignment : 15 marks

Viva-voce: 10 Marks

TOTAL: 25 MARKS

6
EXTERNAL EXAMINATION

Total Marks 75

Question Paper will

contain 10 Questions.
You have to answer
any 5 .

15 Marks per question

Prof. Viraj Deshpande, ABACL 7

 Module No.1
• 1.1 Enrolment of Lawyers- Qualifications prescribed u/s 24 of the
Advocates Act 1961and procedure
• 1.2 Common Terminology: Solicitor, Advocate, Lawyer, Senior Counsel,
Junior Counsel, Legal Practitioners, Barrister, AOR , Amicus Curie
• 1.3 Seven Lamps of Advocacy: Honesty, Courage, Industry, Wit,
Eloquence, Judgment and Fellowship
• 1.4 The Bar Council of India and the State Bar Council- Constitution,
Powers and Functions
• 1.5 Privileges of a lawyer- Salient features of the Advocates Act, 1961
• 1.6 Right to Practice
• 1.7 Designation as Senior Counsel: Indira Jaising v/s SC of India (SC 2017)
Prof. Viraj Deshpande, ABACL 8
• 1.1 Enrolment of Lawyers- Qualifications prescribed u/s 24 of the
Advocates Act 1961and procedure

Prof. Viraj Deshpande, ABACL 9

Prof. Viraj Deshpande, ABACL 10
• (e) he fulfils such other conditions as may be specified in the
rules made by the State Bar Council under this Chapter; 7

• [(f) he has paid, in respect of the enrolment, stamp duty, if any,

chargeable under the Indian Stamp Act, 1899 (2 of 1899), and an
enrolment fee payable to the State Bar Council of 8 [six hundred
rupees and to the Bar Council of India, one hundred and fifty
rupees by way of a bank draft drawn in favour of that Council:]

Prof. Viraj Deshpande, ABACL 11

We will see process of Bar Council of
Maharashtra and Goa:

Prof. Viraj Deshpande, ABACL 12

Prof. Viraj Deshpande, ABACL 13
Prof. Viraj Deshpande, ABACL 14
AIBE:
• All India Bar Examination
• The All India Bar Examination were considered and approved by the Bar Council of India at
its meeting held on 30th April 2010, wherein it was decided by the Council that the
examination shall be mandatory for all law students graduating from the academic year
2009-2010 onwards, and that candidates may apply to appear in the examination only
after enrolling as advocates under Section 24 of the Advocates Act, 1961.
• All India Bar Examination is a post-enrolment examination where persons are initially said
to be provisionally enrolled on an undertaking that they will pass the exam within 2 years
of said enrolment.

Prof. Viraj Deshpande, ABACL 15

1.2 Common Terminology: Solicitor, Advocate,
Lawyer, Senior Counsel, Junior Counsel, Legal
Practitioners, Barrister, AOR , Amicus Curie
• Solicitor:
• Solicitors are those who advise the clients and draft documents and
pleadings for the clients but engage advocates to appear in the court
on behalf of the client.
• advocate” means an advocate entered in any roll under the provisions of
this Act;
• Lawyer: anyone in legal profession: includes barrister, attorney ..might not
represent client in court ( All advocates are lawyers but all lawyers are not
advocates ! )
• A senior counsel is a title that a senior advocate earns when others
recognise their top-tier advocacy skills, professional integrity and
work ethic after they've served in the profession for a certain period

Prof. Viraj Deshpande, ABACL 16

• Junior counsel: New entrants in the profession
• Legal Practitioners: Includes all sections of lawyers
• Barrister: British terminology for lawyers
• AOR : Advocate on record
• Amicus Curie: Friend of the Court

Prof. Viraj Deshpande, ABACL 17

Seven Lamps of Advocacy:
• It was Judge Edward Abbott Parry who brought the theory into
existence. He gave the seven lamps of advocacy. After that, the 8th
lamps of advocacy were added by justice V Krishnaswamy Aiyar in
his legal book of “professional conduct and advocacy”. He named
8th lamp of advocacy TACT.
• The qualities given above the seven lamps of advocacy are the best
and essential qualities of an advocate which must be followed by an
advocate to succeed in his legal profession while practising in the
court anywhere. Let’s know about each and every lamp of advocacy

Prof. Viraj Deshpande, ABACL 18

 The Lamp of HONESTY:

• Honesty in a profession is the official policy that should be used by every

person while interacting with another person. Honesty should reflect in
the thoughts, words and behaviour of an advocate. It is honesty that
increases the personal and professional reputation of the person in a
society. The reputation of an advocate is the thing that includes his fame
and trust with his clients and bar.
• An advocate is expected to be honest while dealing with the case and
making arguments and producing oral and documentary evidence in the
court of law. The judge decides the case on the basis of the submission
and arguments done by an advocate on the behalf of his client. If wrong
fact represented by an advocate can punish an innocent person.

Prof. Viraj Deshpande, ABACL 19

 The Lamp of COURAGE

• Courage is one of the important factors in seven lamps of advocacy. Courage

means the ability to stand in front of the court without any fear. An advocate
should feel proud and confident while arguing in a case. It builds the ability of an
advocate to convince the judge that his true and honest facts represent on the
behalf of his client.
• A lawyer faces many problems while dealing with Civil litigation or Criminal
litigation He should have the courage to stand in that case and remove these
problems fearlessly. He should have been ready to fight all the problems and
social evils. Advocates can use courage as their weapon, but for that, they must
have a deep knowledge of the law.
• Not all cases are easy for dealing with, an advocate can get the case related to
murder, material rape, abatement, Child labour etc. He should have the courage to
take every kind of case.

Prof. Viraj Deshpande, ABACL 20

Prof. Viraj Deshpande, ABACL 21
 The Lamp of INDUSTRY

• Ignorance of the law is not an excuse. He must have the knowledge of the law for which
he is dealing in a case. We all know that the law is like an ocean; no one can be the master
of law. But an advocate should know about the law used in the case in which he is dealing
for.
• Advocates should have knowledge, attitude and skill while dealing with the case. To get
the knowledge of the law and understand the law he should have given sufficient time for
that.
• No advocate can win the case without sufficient knowledge of the law. He must have
given the time for the case so that he could deal perfectly with that case and increase his
chance to win the case. Our law is not static, it keeps changing with the need of society
every time to solve the various new problems of the society. An advocate should update
himself with these new laws. Even if a lawyer was good enough to deal with all the cases
in the previous time, and now he does not stay up to date with new laws, he will face
difficulties while dealing with the case in the present time. There is no way other than
hard work.

Prof. Viraj Deshpande, ABACL 22

 The Lamp of WIT

• Being a professional lawyer in the field of law, a lawyer should have wit and a sense of humour. It is
the humour that keeps us calm and active. A person without a sense of humour will fight the case
with anger which isn’t good for providing justice. Judges also like the advocates and witnesses
which help them to provide justice in a case.
• The wit is a necessary lamp to lighten the darkness of advocacy. A wit helps the advocates to
stay focused on his work and reduce the workload so that he can remain relaxed. It
automatically removes the mental strain of an advocate so that he can think beyond the limits of
his mind.
• A well-prepared speech by an advocate in front of the Judge will not always work. An advocate has
to answer the questions of a Judge and that question will check the wit and presence of mind of a
lawyer. The questions asked by judges check the intelligence and knowledge of advocates related
to the case.
• It happens many times that an advocate forgets to produce something in the court or fails to
answer some questions in the court. At that time, it is the wit of an advocate which helps him to
fill that gap.

Prof. Viraj Deshpande, ABACL 23

 The Lamp of ELOQUENCE

• The lamp of eloquence is the art of speaking. Every advocate

delivers his argument in front of the judge. But eloquence is the way
to give the arguments in a way that holds a long-lasting effect on the
judge as well as the clients and listeners in the courtroom.
• Eloquence is an oral art that is used by an advocate for fluent and
skillful use of communication which touches the soul of a judge.
• An advocate who has a good knowledge of advocacy can use the
eloquence language for fluent speaking. There are some important
points related to eloquence as follow:
Prof. Viraj Deshpande, ABACL 24
• An advocate should be a skilled speaker
• He should stay confident while giving the speech in front of the judge
• He should be fluent while giving this speech.
• The language used by an advocate should be error-free
• He should have the ability to pause himself at the right moment
• This speech given by an advocate should be effective, not dramatic.
• He should give this speech in a way that leaves an impression on the judge.
• The language should be used in a way that should help the judge while writing his
judgement.
• The language should influence people towards the point of discussion.
• Use of the right law phrase and law maxim.

Prof. Viraj Deshpande, ABACL 25

• An advocate can use the power of eloquence by:
• noticing the faults made by the opposite party
• Presence of mind in the case
• Knowledge and practice
• By setting the relation between arguments and justification

Prof. Viraj Deshpande, ABACL 26

The Lamp of JUDGEMENT:

• The lamp of judgement means the deep study of the present case and
then make an informed opinion for that case. An advocate should think
from two sides of the case because it will help him to understand the
consequences of the case. By understanding the case from both sides the
advocates knows the merits and demerits of that case. It helps him to
anticipate the problems and tackle the same with his other lamps of
advocacy.
• A good advocate knows what will be the consequences after representing a
witness in court. He should be aware of what questions can be asked by the
judges and the opposite party after the witness. And he should be ready to
counter these arguments and questions from the opposite party and judges
of the case as well.

Prof. Viraj Deshpande, ABACL 27

 The Lamp of FELLOWSHIP

• Fellowship is one of the most important lamps of advocacy. An advocate must carry
fellowship with his colleagues. When an advocate takes the case and argues, he argues
against an opposite advocate. But it does not make them opposite to each other, they are
just making arguments for the sake of justice only. After finishing the argument in the
court hall, the advocate should respect his opposite advocate. Even while doing an
argument in court, an advocate should respect his opposite lawyer as well. The reason is,
it is not the fight between both of them but it is the fight for justice only.
• After the judgement of the caught in a case, even if an advocate lost the case, he should
respect the advocate who wins the case. If an advocate starts fighting with each and
every advocate who is opposing him in the case, he will make all the advocates his enemy
which is not professional ethics.
• A case must not bother his friendly relationship with other advocates. An advocate
should while referring to the opposite advocate use the term as a learned friend or
learned counsel.

Prof. Viraj Deshpande, ABACL 28

• Advocates should also use the lamp of fellowship for judges also. It is
the arguments of an advocate which leads his case. The advocate
should respect the judge even if he gave the opposite decision. An
advocate should refer to a judge as:
• Learned Judge or Your Honour
• High court- your lordship or my lord
• These are the terms that show respect towards the other advocates
and judges. It builds a friendship with another colleague.

Prof. Viraj Deshpande, ABACL 29

• K.V.Krishnaswamy Aiyer, in his book “Professional Conduct and
Advocacy” adds one more lamp i.e. tact. Tact means handling people
and situations skilfully and without causing offence. An advocate
must be in a position to tackle and win his client, opponent party,
opponent advocate in a smoother way. Many people of unequal
ability have failed for want of tack. An advocate should not quarrel
with Court or loose temper over trifle things in the Court and
outside. Men of unquestioned ability have suffered for quarrelling
with the tribunal or for standing on their dignity over trifles, for
getting their clients, or for losing their tempers; they are men of parts
but more properly refers to the human side of putting into action the
result of one’s judgment.

Prof. Viraj Deshpande, ABACL 30

 Conclusion
• The seven lamps of advocacy are the qualities of a
successful lawyer.

• If you are going to practice in court, you must obey the

seven lamps of advocacy.

Prof. Viraj Deshpande, ABACL 31

 32
Prof. Viraj Deshpande, ABACL
 Bar Council of India:
• The Bar Council of India is a statutory body created by Parliament to
regulate and represent the Indian Bar.
• The Bar Council of India was established by the Parliament under
the Advocates Act, 1961.

• Constitution
• 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 is an ex-officio member. 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 among its members.

Prof. Viraj Deshpande, ABACL 33

Functions:
The following statutory functions under Section 7 cover the Bar
Council’s regulatory and representative mandate for the legal
profession and legal education in India:

• To lay down standards of professional conduct and etiquette for

advocates.
• To lay down procedure to be followed by its disciplinary committee
and the disciplinary committees of each State Bar Council.
• To safeguard the rights, privileges and interests of advocates.
• To promote and support law reform.
• To deal with and dispose of any matter which may be referred to it by
a State Bar Council.

Prof. Viraj Deshpande, ABACL 34

• To promote legal education and to lay down standards of legal education. This is
done in consultation with the Universities in India imparting legal education and
the State Bar Councils.
• To recognise Universities whose degree in law shall be a qualification for
enrolment as an advocate. The Bar Council of India visits and inspects Universities
or directs the State Bar Councils to visit and inspect Universities for this purpose.
• To conduct seminars and talks on legal topics by eminent jurists and publish
journals and papers of legal interest.
• To organise legal aid to the poor.
• To recognise on a reciprocal basis; the foreign qualifications in law obtained
outside India for the purpose of admission as an advocate in India.
• To manage and invest the funds of the Bar Council.
• To provide for the election of its members who shall run the Bar Councils.

Prof. Viraj Deshpande, ABACL 35

State Bar Council:
• The Bar Council of Maharashtra and Goa in pursuance of Section 3(i)(ccc) was
constituted by Advocates Act for the State of Maharashtra and Goa, Union
Territories of Dadra and Nagar Haveli and Union Territories of Daman and Diu.
• For all these States and Union Territories, the Bar Council is known as the Bar
Council of Maharashtra and Goa. The Bar Council enrolls Advocates on its Roll
and grant ‘Sanad’ / “Licence” to practice law in the above Territories. The Bar
Council has a disciplinary jurisdiction over all the Advocates on the roll of Bar
Council of Maharashtra and Goa.
• This Bar Council regulates and maintains the standards and professional conduct
and etiquette for the Advocates and standards of legal education in its territory.
This Bar Council is represented by 25 Elected Members from the above Territory
and Advocate General of each State is Ex-officio Member of the Bar Council. This
Bar Council elects one representative to the Bar Council of India as its Member
and also elects Chairman and Vice-Chairman for the Council. The tenure of the
entire Bar Council is for 5 years and it is headed by the Chairman of the State
Bar Council. The Secretary of the Bar Council is the Administrative Head of the
Bar Council. There are 25 different Committees of the Council which look after
the respective functions of the Bar
Prof.Council.
Viraj Deshpande, ABACL 36
Functions :
• The functions of the Bar Councils are-
• 1)To admit persons as Advocates on its roll
2)To prepare and maintain such roll
3)To entertain and determine cases of misconduct against advocates on its roll
4)To safeguard the rights, privileges and interests of advocates on its roll
5)To promote the growth of Bar Associations for the purposes of effective
implementation of the welfare schemes.
6)To support and promote law reforms
7)To conduct seminars and organize talks on legal topics by eminent Jurists and
publish journals and papers of legal interest
8)To organize legal aid to the poor class of the Society
9)To promote legal education and to do all other things necessary for discharging
such functions
10) To organized various training programme supporting to judicial system.

Prof. Viraj Deshpande, ABACL 37

Privileges of Lawyer:
• Privilege is a certain kind of special right or advantage or immunity granted only to a person or
a group.
• Privilege of Exemption from arrest
An advocate enjoys exemption from arrest under civil process while going to the court or during
the process or while returning from the Court. However, it is to be noted that the said exemption
will not apply to arrest for contempt of court or arrests for criminal offences. It is being
provided under Section 135 of the Civil Procedure Code, 1908.
• Privilege related to Vakalatnama
When the client signs Vakalatnama in favour of an Advocate, such an Advocate the exclusive
privilege to represent his client in that particular case. No other advocate can represent or
appear in that case without his consent or permission.

Prof. Viraj Deshpande, ABACL 38

• Privilege to Review Parliamentary Bills
It is a privilege given to advocates that they can review the Parliamentary Bills and can
also give suggestions for amendments.
• Privilege to meet the accused in jail
An advocate can visit the jail to meet his client as many times as he wants. No restriction
is levied on the number of times he can meet his client in jail.
• Conclusion:
• Advocates play a very important role in the society. It can be observed that the advocates
enjoy various rights and privileges. This is done to facilitate them in administering justice
in society. Thus, it is necessary that the rights and privileges should not be misused as
the same would be liable to for punishment.
•

Prof. Viraj Deshpande, ABACL 39

Prof. Viraj Deshpande, ABACL 40
What is the common attribute ?

Prof. Viraj Deshpande, ABACL 41

SENIOR COUNSEL

Prof. Viraj Deshpande, ABACL 42

Indira Jaising vs Supreme Court of India( 2017)
• In an application filed by Senior Advocate Indira Jaising against the existing
system of designation of Senior Advocates, terming it flawed as it was not
objective, fair, and transparent, and thus did not take into account
considerations of merit and ability, the 3-Judge Bench of Sanjay Kishan
Kaul*, Ahsanuddin Amanullah, and Aravind Kumar, JJ. has fine-tuned the
guidelines laid down in the 2017 Judgment to bring in greater transparency
and objectivity in the designation process.
• The Supreme Court has published new guidelines for the designation of
senior advocates practising mainly in the Apex Court. These guidelines
come after the May 12 ruling delivered by a three-judge bench led by
Justice SK Kaul in a case seeking modification in the conferment of ‘senior
advocate’ designation guidelines rendered in a 2017 SC ruling.

Prof. Viraj Deshpande, ABACL 43

• New guidelines for the designation of senior advocates in the SC
• What do the new guidelines say?
• Minimum age to apply for the senior advocate designation
• The new guidelines prescribe the minimum age as 45 years to apply for the
‘senior advocate’ designation.
• This age limit may, however, be relaxed by the Committee, the Chief Justice of
India, or a Supreme Court judge if they have recommended an advocate’s
name.
• The 2017 guidelines say that the CJI along with any judge can recommend an advocate’s
name for designation.
• However, the 2023 guidelines specify that the CJI along with any Judge of the Supreme
Court may recommend in writing the name of an advocate for designation.

Prof. Viraj Deshpande, ABACL 44

• Marks set aside for publications
• Earlier, the guidelines stated that 15 marks were set aside for publications.
• However, the new guidelines state that only 5 marks will be given for:
• publication of academic articles, experience of teaching assignments in the field of law,
and
• guest lectures delivered in law schools and professional institutions connected with law.
• Weightage given to reported and unreported judgements
• The weightage given to reported and unreported judgements (excluding
orders that do not lay down any principle of law) has increased from 40 to 50
points in the new guidelines.

Prof. Viraj Deshpande, ABACL 45

Why are the guidelines being changed after
the Indira Jaising Case?
•

• In February 2023, the Central government sought to change guidelines for the designation of senior
lawyers.
• These guidelines were issued by the Supreme Court in the aftermath of its 2017 ruling in the case
of ‘Indira Jaising vs. Union of India’.
• The designation guidelines for lawyers are based on a point-based system, which awarded 40%
weightage to publications, personality, and suitability gauged through the interview.
• The Centre argued that this system is subjective, ineffective, and dilutes the esteem and dignity of
the honour being conferred traditionally.
• It pointed to the rampant circulation of bogus and sham journals where people can publish their
articles without any academic evaluation of the contents and quality of the articles.
• The Centre also sought to reinstate the rule of a simple majority by a secret ballot, where the judges
can express their views about the suitability of any candidate without any embarrassment.
• The existing guidelines discouraged the system of voting by secret ballot, except in cases where it was
unavoidable.

Prof. Viraj Deshpande, ABACL 46

 LECTURE NO.2 :
Module No. 2

• 2.1 Professional Ethics- Power of Bar Council of India, Meaning

and Standards of professional conduct and etiquette
• 2.2 Duties :
• A. Duty to the court B. Duty to the client C. Duty to the
opponent D. Duty to the profession E. Duty to the colleagues F
:Duty to public, state and society
• 2.3 Duty to Render Legal Aid

Prof. Viraj Deshpande, ABACL 47

Prof. Viraj Deshpande, ABACL 48
Extract from BCI Circular
4

Prof. Viraj Deshpande, ABACL 49

Background:
• The word ETHICS is derived from the Greek word ETHOS
(Character) and from the Latin words MORES (Customs)
Professional Ethics means a standard of behavior
expected from professionals.
• Professionals are capable of making judgment, applying
their skill and reaching informed decision in situation
that the general public cannot because they have not
attained the necessary knowledge and skill.

Prof. Viraj Deshpande, ABACL 50

• Professional ethics form the foundation in the lives of the lawyers.
• All clients approach the lawyer with hope and desire that their
lawyers will zealously represent their case.
• Are there any boundaries set by law or professional ethics that a
lawyer must not cross? What is the role of truth and morality in
determining the standards of professional ethics for lawyers?
• What conduct amounts to professional misconduct? What are the
repercussions if a lawyer does not follow the principles of
professional ethics? What are the mechanisms set by law to deal with
complaints of professional misconduct?
Prof. Viraj Deshpande, ABACL 51
• Every person has been given the right to engage a lawyer of their
choice to represent their case. It means that lawyers have the
constitutional obligation to take up the case of every person who
approaches them for legal representation.
• Does it mean that the lawyer is obligated to represent a self-
confessed murderer, rapist, and other accused persons who are
alleged to have committed very serious offences against the nation
even though his conscience or his personal beliefs do not permit that?
How can the lawyer do that when his inner conscience revolts at the
thought of represent a certain category of persons?

Prof. Viraj Deshpande, ABACL 52

• Section 49 (1) (c) of the Advocate's
Act 1961 empower the Bar Council of
India to make a rule so as to
prescribe the standards of
professional conduct and etiquette to
be observed by the Advocate.

Prof. Viraj Deshpande, ABACL 53

• In accordance with the provision of this act.
• The Bar Council of India made rules on professional
standards regarding an advocate's duty towards the
court:

Prof. Viraj Deshpande, ABACL 54

a.Act in a dignified manner.
b.Respect the court.
c.Not communicate in private.
d.Refuse to act in an illegal manner towards the opposition
e.Refuse to represent client who insist on unfairness.
f.Appear in a proper dress code.
g.Refuse to appear in front of immediate relatives.
h.Not to wear band and gown in public places.
i.Not to represent establishment of which he is a member.
j.Not to appear in matters of pecuniary interest.
k.Not stand as surety for client.

Prof. Viraj Deshpande, ABACL 55

 28th OCTOBER
2024

Prof. Viraj Deshpande, ABACL 56

• Bar Council of India also made rules on advocate's duty towards
the client :
a.Bound to accept briefs.
b.Not withdraw from service.
c.Not appear in a matter where he himself is a witness.
d.Full frank disclosure to the client.
e.Uphold interest of the client.
f.Not suppress material or evidence.
g.Not disclose the communication between client and himself and
advocate should not be a party to stir-up or instigate litigation.
h.An advocate should not act on the instructions of any person other
than his client or the clients authorize agent.

Prof. Viraj Deshpande, ABACL 57

• Bar Council of India has also explain the rules on advocate's
duty towards opponents -
a.Not to negotiate directly with opp. party.
b.carry out legitimate promises made.
• The Bar Council of India has also made rules for an advocates
duty towards fellow advocates -
a.Not advertise or solicit work.
b.Make a sign board and name plate in a reasonable size.
c.Not promote unauthorized practice of law.
d.An advocate shall not accept fee less than the fee which can be
tested under rules when the client is able to pay more,
e.Consent the fellow advocate to appear

Prof. Viraj Deshpande, ABACL 58

• If the lawyers do not adhere and promote this
ethical principle then the law will fall into this
disrepute and people will resort to alternative
means of resolving conflict.
•

Prof. Viraj Deshpande, ABACL 59

 Module no. 3

• 3.1 Professional Misconduct

• 3.2 Punishment for misconduct
• 3.3 Remedies against the order of punishment
• 3.4 Review by the State Bar Council of its own order 3.5 Disciplinary Committee of
the State
• Bar Council- Organisation and powers and procedure
• 3.6 Disciplinary Committee of the Bar Council of India- Organisation and powers
and procedure
• 3.7 Transfer of proceedings from the State Bar Council to the Bar Council of India
• 3.8 Selected opinions of the Disciplinary Committee of Bar Councils and Major
Judgments of the Supreme Court on the subject.

Prof. Viraj Deshpande, ABACL 60

What is Professional Misconduct?
• Misconduct means dereliction of duty. Professional misconduct means dereliction of duty relating to
Legal profession

• Professional negligence
• Misappropriation

• Contempt of court and improper behaviour before a Magistrate

• Furnishing false information
• Giving improper advice
• Misleading the clients in court
• Disowning allegiance to the court
• Moving application without informing that a similar application has been rejected by another authority
• Suggesting to bribe the court officials

Prof. Viraj Deshpande, ABACL 61

Provisions relating to Professional
Misconduct:
• Punishment for professional misconduct under the Advocates Act
• Section 35 of the Advocates Act deals with professional misconduct.
According to it, when the Bar Council of India receives a complaint
about professional misconduct, it shall transfer the disciplinary
committee of the concerned state bar council.
• The disciplinary committee after the receipt of the complaint will give a
chance of hearing to the advocated, after that it may either:
• Dismiss the complaint, or if the proceedings were initiated at the
instance of the State Bar Council, directs that proceedings be filed; or
• Reprimand the advocate i.e. warn the advocate; or
• Suspend the advocate from practice for such a period as it deems fit;
or
• Remove the name of an advocate from the state roll of advocate

Prof. Viraj Deshpande, ABACL 62

 Disciplinary Committee
• Disciplinary committee means a person or a group of people
who are empowered to hear cases and proceedings involving
professional misconduct of an advocate upon a complaint,
revision or suo motu.

Prof. Viraj Deshpande, ABACL 63

• Powers of Disciplinary Committee
• The section 42 of the Advocate’s Act, 1961 provides powers of
disciplinary committee. The section states that the disciplinary
committee shall have the same powers as vested in a civil court as per the
Code of Civil Procedure, 1908 which are as follows:
• Summoning and enforcing the attendance of any person and examining
him on oath.
• Requiring discovery and production of any documents.
• Receiving evidence on affidavits.
• Requisitioning any public record or copies thereof from any court or office.
• Issuing commission for the examination of witness or documents.
• Any other matter which may be prescribed

Prof. Viraj Deshpande, ABACL 64

Selected cases :
• Joginder Singh vs Bar Council Of India ( 1974)
• Facts: In the present matter the advocate was convicted under section 473 of
IPC. There were various other criminal proceedings pending and that the
advocate Mr. Joginder Singh was out on bail. All these facts were concealed by
him while entering his name in the state bar roll. When the advocate filed an
application to the Bar Council of India to transfer his name from U.P. Bar Council
to Bar Council of Delhi the Bar Council of India learnt about such concealment
and issued a notice for striking of the advocate’s name. The disciplinary
committee passed an order of barring the advocate from practicing in any court
and removed his name from the roll.
• Held: The advocate being aggrieved by the order of the bar council appealed in
the Delhi High Court. The Delhi High Court was of the opinion that there was no
interference required in the said matter as the order passed by the bar council was
in accordance with the evidence, facts and circumstances. Thus, the appeal was
rejected and the order of the disciplinary committee was upheld.

Prof. Viraj Deshpande, ABACL 65

Allahabad Bank Vs. Girish Prasad Verma [ 1993]

• Facts: A complaint was lodged by the Allahabad Bank against its

advocate Girish Verma stating that the advocate was given 52 suits
for filing and accordingly paid him the requisite court fee that was
required for the same. The Advocate Girish Verma filed 50 out of 52
suits and misappropriated the court fees paid to him for the
remaining 2 suits.
• Held: The disciplinary committee of the Uttar Pradesh Bar Council
held that the advocate had misappropriated the court fee paid to him
by the complainant and hence ordered for striking off the advocates
name from the roll of Uttar Pradesh Bar Council. It further held
that “The legal profession is a noble profession and its members
must set an example of conduct worthy of emulation

Prof. Viraj Deshpande, ABACL 66

 •
Case: Prof. Krishanraj Goswami v. Vishwanath D. Mukashikar ( 1995)
Facts: In this case the appellant advocate made a delay in filing in filing the suit and also
made a delay in moving the interim application due to which the complainant suffered
huge losses. The complainant gave two written notices to the to the appellant advocate for
the return of the papers so that he could engage separate lawyers but the appellant
advocate did not respond. It was also alleged by the complainant that the advocate did this
deliberately in connivance with the other side
Held: the Disciplinary Committee of the Bar Council of Maharashtra and Goa found him
guilty of professional misconduct and imposed punishment of suspension of licence for
three years.

Prof. Viraj Deshpande, ABACL 67

Hikmat Ali Khan Vs. Ishwar Prasad Arya, (1997)
3 SCC 131.
In this case, the Advocate assaulted the opposing counsel in the
courtroom with a knife, and also shot him with a pistol.
He was convicted u/s 307 IPC.
 In the disciplinary proceedings, he produced a forged letter in the
name of the Home Secretary stating that the Hon’ble Governor has
suspended his conviction.
The Hon’ble Supreme Court held that it is a case of grave misconduct
and that the Advocate is unworthy of remaining in profession and his
name was struck off the rolls.

Prof. Viraj Deshpande, ABACL 68

Bar Council of Maharashtra Vs. M.V. Dabholkar,
(1976) 2 SCC 291
The Supreme Court was dealing with the conduct of Advocates who
would stand outside the Magistrate’s Court in Bombay, rush towards
potential litigants and snatched briefs.
They even indulged in physical fights and undercutting of fee.
 Bar Council of India absolved all of the Advocates of misconduct. The
Bar Council of Maharashtra appealed against the decision of the BCI,
before the Hon’ble Supreme Court.
 The Hon’ble Supreme Court adversely commented on such conduct
of the Advocates in indulging blatantly in solicitation of work to an
extent which was even more revolting than ‘ambulance chasing’.
Prof. Viraj Deshpande, ABACL 69
A, an Advocate, In Re, AIR 1962 SC 1337;
The AOR had sent a letter to the Law Minister of Maharashtra for
soliciting work.
Initially, he admitted the letter before the Registrar, however,
subsequently, he denied sending the letter.
The Supreme Court directed that the AOR shall be suspended from
practicing before the Court for a period of 5 years and observed that
‘let him learn that a lawyer must not be a liar’

Prof. Viraj Deshpande, ABACL 70

 Lecture no. 3

Module No. 4 :

Bar and Bench Relations

Contempt Law and Practice
Accountancy for Lawyers

Prof. Viraj Deshpande, ABACL 71

Bar- Bench Relations

Prof. Viraj Deshpande, ABACL 72

Background:
Bar-Bench Relation in law refers to the cordial relationship between
the Advocates and the Judges.
The Bar (Advocates) and Bench (Judges) play an important role in the
administration of justice. The judges administer the law with the
assistance of the lawyers. The lawyers are the officers of the court.
They are expected to assist the court in the administration of justice.
 As the officers of the court the lawyers are required to maintain
respectful attitude toward the court bearing in mind that the dignity
of the judicial office is essential for the survival of the society.
Mutual respect is necessary for the maintenance of the cordial
relations between the Bench and Bar
Prof. Viraj Deshpande, ABACL 73
• The Bar and Bench are two wheels of a
chariot involved in the dispensation of
justice. Both are supplementary and
complementary to each other

Prof. Viraj Deshpande, ABACL 74

“Bangalore Principles of Judicial Conduct”
• The following principles are intended to establish standards for ethical conduct of
judges.:-
• 1. INDEPENDENCE- Judicial independence is a pre-requisite to the rule of law and
a fundamental guarantee of a fair trail.
• 2. IMPARTIALITY- It applies not only to the decision itself but also to the process
by which the decision is made.
• 3. INTEGRITY- Integrity is essential to the proper discharge of the judicial office.
• 4. PROPRIETY- Propriety, and the appearance of propriety are essential to the
performance of all the activities of a judge.
• 5. EQUALITY- Ensuring equality of treatment to all before the courts is essential to
the due performance of the judicial office.
• 6. COMPETENCE AND DILIGENCE.

Prof. Viraj Deshpande, ABACL 75

 Duty of Lawyers :

MAINTAINING RESPECTFUL ATTITUDE

PUNCTUALITY

EFFORTS TO PREPARE CASE

ACCURACY OF DOCUMENTS
Prof. Viraj Deshpande, ABACL 76
 Role of bench :

JUDICIAL RESPECT

PATIENT HEARING

IMPARTIALITY

AVOIDANCE OF INTERFERENCE
Prof. Viraj Deshpande, ABACL 77
 Conclusion
If both the Bar and the Bench are fully conversant with their duties
as set out in their respective Rules of Conduct and actually comply
with the Rules, there will be little room for disharmony.
 On the contrary, there will be much greater cooperation, respect and
understanding between the two arms which in turn will promote due
and orderly administration of justice and lead to speedier
dispensation of justice in the country.
Any default by one side negatively impacts and impedes the work of
the other side.

Prof. Viraj Deshpande, ABACL 78

•Contempt Law
•न्यायालयाचा अवमान

Prof. Viraj Deshpande, ABACL 79

• What is contempt of court
• Article 129 declares that the supreme court as a “Court
of record” and that it shall have all the powers of a
court of record including the power to punish for its
contempt of itself.

Prof. Viraj Deshpande, ABACL 80

 Necessity of this
provision:

• Contempt in law means being disobedient to a court of

law or towards it ruling.
• The recognition of contempt of court and to punish for
contempt is essential for a nation such as India which is
based on the concept of rule of law, which requires
supremacy of law, since the judiciary is considered, as
the last bastion of hope and justice for the citizens of
any nation.

Prof. Viraj Deshpande, ABACL 81

 Kinds of Contempt:

• The Contempt of courts Act, 1971 regulates the contempt of

court and provides for 2 types of contempt.
• Civil contempt [Section 2(b)]
• According to section 2(b), civil contempt means wilful
disobedience of any judgement or a decree of a court or a
wilful breach of any undertaking given to a court.
•.
•

Prof. Viraj Deshpande, ABACL 82

• Criminal contempt [Section 2(c)]
• Section 2(c) defined criminal contempt as the publication of any
matter which either Scandalises or lowers the authority of the
court, or that such matter interferes or prejudices any judicial
proceeding, Interferes or obstructs the administration of justice
in any manner. Further, an act or publication will constitute
contempt if it even tends to scandalize the authority of the court
or it tends to interfere with any judicial proceeding or
administration of justice.
• The expression “scandalizes the authority of court” depends to a
great degree on the discretion of the judge as no law in India has
defined what constitutes scandalizing the court. Proceeding for
criminal contempt has been initiated against citizens even for
criticizing the Judges of Supreme court and high courts

Prof. Viraj Deshpande, ABACL 83

• The supreme court and high courts have the power to punish for
contempt of court, either with simple imprisonment for a term up to
six months or with fine up to 2,000 or with both.
• In 1991, the Supreme Court has ruled that it has the power to
punish for contempt not only of itself but also of high courts,
subordinate courts and tribunals functioning in the entire country.
• On the other hand, High Courts have been given special powers to
punish contempt of subordinate courts, as per Section 10 of The
Contempt of Courts Act of 1971.

Prof. Viraj Deshpande, ABACL 84

Prof. Viraj Deshpande, ABACL 85
 In Re: Vinay Chand Mishra
• Case Citation: (1995) 2 SCC 584
• In Re: Vinay Chandra Mishra, Court found the Contemner, an advocate, guilty of
committing criminal contempt of Court for having interfered with and "obstructing the
course of justice by trying to threaten, overawe and overbear the court by using
insulting, disrespectful and threatening language".
• In the Appellate Court, ( Allahabad HC) when Justice Keshote asked Advocate Vinay
Chandra Mishra that under which provision has the lower court passed its order, he
started shouting. He further stated that no question shall be put to him at this
particular stage and that he'll get the judge transferred or get a motion of
impeachment initiated against him in the Parliament. He further went onto state that
he has turned over many judges like this in the past.

• As a result, Justice Keshote wrote a letter to inform the Chief Justice of the Allahabad
High Court about this mishappening, which the then-acting Chief Justice VK Krishna
forwarded to the Chief Justice of India through a letter on 05.04.1994.
 Prashant Bhushan Case
• In Re: Prashant Bhushan & Anr., ( 2020) the Supreme Court
held Senior Advocate Prashant Bhushan guilty of Contempt. It
held the 2 tweets by the Senior Advocate to be in Contempt of
court because it scandalised the authority of the court.
• The court relied on the judgement given in Brahma Prakash
Sharma And Others vs. The State Of Uttar Pradesh (1953) in
which it ruled that scandalising the court is when there is
an attack on an individual judge or the court as a whole with or
without reference to particular cases, casting unwarranted and
defamatory aspersions on the character of the judges. This
according to the court is necessary because it creates distrust in
the mind of the people and “impairs the confidence of people in
the courts which is of prime importance

Prof. Viraj Deshpande, ABACL 87

Prof. Viraj Deshpande, ABACL 88
• It further relied on the judgement given in C. K. Daphtary &
Ors vs. O. P. Gupta & Ors (1971) in which it ruled that any
publication which was calculated to interfere with the due
course of justice or administration of the law would amount
to Contempt of Court. It said that a scurrilous attack on a
judge, for a judgement or past conduct, has in our country
the inevitable effect of undermining the confidence of the
public in the judiciary and if confidence in judiciary goes,
administration of justice definitely suffers.
• According to the court, the first part of the Tweet stated
that, “At a time when he (Chief Justice) keeps the Supreme
Court in lockdown mode, denying citizens the Fundamental
Rights to access to justice.”
Prof. Viraj Deshpande, ABACL 89
•.
• The Court for his 2nd tweet court said that the tweet gives
the impression that the Supreme Court has played a
particular role in the destruction of democracy in the last 6
years and this according to the Court is the criticism of
Judiciary as an institution and shakes the faith of the people
in the Judiciary.
• The court ruled that an attempt to shake the foundation of
Constitutional democracy i.e. the Judiciary has to be “dealt
with an iron hand”. For the Court, the tweets have the effect
of destabilising the Foundation of Indian Democracy.
Prof. Viraj Deshpande, ABACL 90
A symbolic fine was imposed:

Prof. Viraj Deshpande, ABACL 91

Accountancy For Lawyers
• A business enterprise must keep a systematic record of its daily
transaction. It is a legal duty. It helps to know where its stand and adjudge
its performance. This systematic recording of transactions is known as
accounting. Since legal profession is a trade, lawyers are under duty to
maintain systematic accounts relating to the profession.
• The basic purpose of accounting is to present a complete financial picture
of the Advocates profession. This can be done with the help of two financial
statements like (i) Profit and loss account and (ii) Balance sheet showing
the assests and liabilities. It is necessary to maintain proper accounts to
calculate the following (i) Annual Income (ii) Income Tax (iii)
ProfessionalTax (iv) Amount due to the client or amount due by the client.
• ADVOCATE FEES ---- SEE THE PDF

Prof. Viraj Deshpande, ABACL 92

• Bar council Rules relating to accounting
• Accounting is an art of recording, classifying and summarizing in a
significant manner the event which are financial in character and
interpreting the result there of . An Advocate is under a duty to
maintain proper accounts of money received from his client and the
amount received on behalf of client from others or from the court.
The rules relating to such accounting is dealt in rules 25 to 32 of the
Bar Council Of India Rules 1975.
• Rule 25: An advocate should keep the accounts of the client’s money
entrusted to him. The accounts should show the amounts received
from the client, the expenses incurred for him and the debits made
on the account of Advocate fees with the respective dates and all
other necessary particulars.
• Rule 26 : Where moneys are received from the client, it should be
entered whether the amount have been received for the advocates
fees or expenses. Amount received for the expenses shall not be
diverted towards Advocates fees without the consent of the client in
writing.
Prof. Viraj Deshpande, ABACL 93
• Rule 27: Where any amount is received on behalf of his client the fact of such
receipt must be intimated to the client as early as possible.
• Rule 28 : After the completion of the proceeding, the advocate shall be at the
liberty to take the settled fee due to hi to the unspent money in his hand.
• Rule 29: Where the fee has been left unsettled, the advocate shall take the fees
which he is legally entitled from the moneys of the client remaining in his hands,
after the completion of the proceeding. The balance shall be returned to the
client.
• Rule 30: A copy of the client account shall be furnished to him after getting the
necessary copying charges from him.
• Rule 31: An advocate shall not make any agreements whereby client’s funds in his
hands are converted into loans to the advocate.
• Rule 32: An Advocate shall not lend money to his client for the purpose of
conducting the case

Prof. Viraj Deshpande, ABACL 94

• PLACE OF KEEPING THE ACCOUNTS BOOKS.
• The accounts books and documents relating to the accounts should be kept
and maintained by the advocate,
• (i) At his office.
• (ii) Where he is carrying on the profession more than one office, then at his
head office. But accounts can also be maintained separately for each branch
at the respective branch office. Penalty for not keeping Account Books: A
Lawyer who is legally liable to maintain account books, fails to maintain it
or fails to retain it for the prescribed period (cash book and ledger-16
years, other books-8 years) is liable to pay penalty ranging from Rs.2000/-
to 1,00,000/- (S.271 A ).

Prof. Viraj Deshpande, ABACL 95

•With this, the
Syllabus of
Practical Training
1 is Over
Prof. Viraj Deshpande, ABACL 96
•Thank You
•Any Queries?

Prof. Viraj Deshpande, ABACL 97