PROFESSIONAL ETHICS

1. DEVELOPMENT OF LEGAL PROFFESION IN INDIA AFTER INDEPENDENCE.

ANS. After gaining independence, India embarked on a journey to
reform and modernise various sectors, including the legal profession.
The legal profession in India saw a significant transformation with the
enactment of the Advocates Act of 1961. This landmark legislation
aimed to bring about utility and dignity in the legal profession on an
All-India basis. Let’s delve into the key provisions and impact of the
Advocates Act of 1961.
In 1951, the All India Bar Committee, under the chairmanship of
Justice S.R. Das, was formed to review the legal profession’s state
and propose reforms. The committee submitted a report
recommending the establishment of All India Bar Councils and State
Bar Councils. These bodies would have the power of enrollment,
suspension or removal of advocates, thus ensuring uniform
standards and discipline in the legal profession.
The committee proposed maintaining a common roll of advocates
authorised to practice in all courts across the country. It also
advocated against further recruitment of non-graduated pleaders or
mukhtars, aiming to elevate the qualifications and professionalism
of legal practitioners.
The development of the legal profession in India has been a journey
marked by significant progress and transformative reforms. The legal
profession in India has evolved over centuries, from ancient times
with wise individuals serving as mediators, to the British colonial
period, which saw the establishment of courts and regulations. After
independence, the Advocates Act of 1961 brought significant
reforms, establishing autonomous bar councils and a common roll of
advocates. This Act revolutionised the profession, emphasising
ethical conduct and enabling advocates to practice across the
country, contributing to the effective administration of justice.justice
and society.
2. IMPACT OF GLOBALIZATION ON LEGAL PROFESSION IN INDIA

ANS. One of the most conspicuous effects of globalisation on the

Indian legal profession is the growth and diversification of legal
practices. Indian law firms, taking cues from global counterparts,
have expanded in size and scope.
Firms such as AZB & Partners, Shardul Amarchand Mangaldas,
Khaitan & Co. and Cyril Amarchand Mangaldas exemplify this trend,
 having grown into large entities that offer a wide range of legal
services. This expansion is not just in response to the growing
complexity of domestic legal needs but also to cater to the
international aspects of transactions and disputes.
Moreover, globalisation has led to the entry of foreign law firms into
the Indian market, albeit with certain restrictions. These firms have
been allowed to advise on foreign laws and international legal
issues, contributing to a more competitive environment. This
competition has spurred Indian law firms to adopt international best
practices in client service, technology use and management.

3. WHY THE PROFESSIONAL ETHICS IN LEGAL PROFESSION ARE CRUCIAL.

ANS. When we think about lawyers, judges, and other legal

professionals, a particular image often comes to mind:
individuals wearing robes, arguing cases, or making pivotal
decisions that can change lives.

But behind this image lies a foundation that holds the legal
system together—ethics. Ethics, in simple terms, are the
moral principles and standards that guide our behavior.
Within the realm of the legal profession, these principles
become even more significant.

Every action, word, and decision made by a legal

professional can have profound implications. As such, it's
crucial for these professionals to adhere to a strict code of
ethics, ensuring that they act with utmost honesty,
integrity, and dedication. This article delves deep into this
vital aspect of the legal world.

Why is Ethics Important in the Legal Profession?

Maintaining Public Trust:

 Lawyers, more than many other professionals, are

entrusted with significant powers. They represent
individuals, often during some of their most vulnerable
moments.
 Ensuring ethical conduct is fundamental to building
and maintaining public trust. When people think of
"ethics in the legal profession," they're considering if
they can trust their lawyer with their life's most
pressing issues.
  When ethical standards are upheld, the public's faith in
the legal system strengthens.

Upholding the Rule of Law:

 The entire foundation of our society relies on the rule

of law. And for this system to function smoothly, ethics
in the legal profession cannot be an afterthought.
 Professionals within the legal framework, be it judges,
lawyers, or paralegals, need to adhere strictly to
ethical guidelines. This ensures that justice is not only
done but is seen to be done.
 Without a strong emphasis on ethics in the legal
profession, the rule of law could be undermined,
leading to chaos and mistrust.

Protecting Client Rights:

 Every client deserves representation that respects

their rights and interests. This is a fundamental tenet
of the legal system.
 Lawyers, guided by the beacon of "ethics in the legal
profession," have a paramount duty to their clients.
This duty isn't just about winning cases; it's about
ensuring that the client's rights are protected at all
times.
 Ethical representation ensures that outcomes are not
just favorable but are also achieved through fair and
just means. When ethics in the legal profession is
prioritized, clients can feel confident in the justice
system.

4. DUTY OF ADVOCATE TOWARDS THE COURT, JIS CLIENT, HIS

SOCIETY, HIS COLLEAGUES, AND HIS BAR COUNCIL.

ANS. https://lawbhoomi.com/duties-of-an-advocate/

1. Duties of an Advocate towards the Court

Duty to uphold the dignity and decorum of the court
Advocates have a solemn duty to maintain the dignity and decorum
of the court. They must conduct themselves in a manner that
upholds the dignity and respect of the judiciary, and refrain from
engaging in any act or behavior that may undermine the integrity or
authority of the court.
Advocates are expected to address the court with respect, use
appropriate language, and follow the court’s rules and procedures.
Duty to assist the court in the administration of justice
Advocates have a duty to assist the court in the administration of
justice. They must present their cases honestly, fairly, and with
utmost sincerity. Advocates are officers of the court and have a duty
to ensure that justice is served and that the truth is brought before
the court. They must not withhold any material information from the
court or mislead the court in any manner.
Duty of confidentiality
Advocates have a duty to maintain the confidentiality of their
client’s information. They must not disclose any confidential
information or privilege without their client’s consent unless
required by law. Advocates must protect their client’s interests and
ensure that their client’s information is not divulged to unauthorized
persons.
Duty to be candid with the court
Advocates have a duty to be candid and forthright with the court.
They must not misrepresent facts, cite false authorities, or present
misleading arguments.
Advocates must present their cases honestly and must not engage
in any activity that may undermine the integrity of the legal
profession or the administration of justice.
Duty to respect the orders of the court
Advocates have a duty to respect and abide by the orders of the
court, whether they agree with them or not. Advocates must comply
with the orders of the court and must not engage in any activity that
may obstruct or interfere with the administration of justice.
Disrespecting or disregarding the orders of the court can have
serious consequences, including disciplinary action by the bar
council.
Duty to be punctual and prepared
Advocates have a duty to be punctual and prepared for all court
hearings and proceedings. Advocates must arrive in court on time,
be fully prepared with all necessary documents, evidence, and
arguments, and be ready to present their case before the court.
Advocates must also be familiar with the relevant laws, rules, and
procedures applicable to their case, and must not cause any delays
or adjournments due to their lack of preparation.
Duty of fair and honest advocacy
Advocates have a duty of fair and honest advocacy in court.
Advocates must not knowingly make false statements, suppress
material facts, or mislead the court or opposing parties.
Advocates must present their case honestly, fairly, and in good faith,
and must not engage in any conduct that may compromise the
integrity of the judicial process. Advocates must also not indulge in
any sharp practice or unethical tactics to gain an unfair advantage
in court.
Duty to refrain from criticism of the court
Advocates have a duty to refrain from making any unwarranted
criticism of the court or its officers. Advocates must not make
derogatory remarks, use disrespectful language, or engage in any
conduct that may undermine the dignity or authority of the court.
Advocates must always maintain a respectful and professional
demeanour in their interactions with the court, even if they disagree
with a court’s decision or ruling.
Duty to comply with court orders and directions
Advocates have a duty to comply with court orders and directions.
Advocates must not defy or obstruct the implementation of court
orders or directions and must take necessary steps to ensure
compliance.
Advocates must also not engage in any conduct that may be
deemed contumacious or disobedient towards the court, as it
undermines the authority and integrity of the judicial system.
Duty to avoid frivolous or vexatious litigation
Advocates have a duty to avoid initiating or pursuing frivolous or
vexatious litigation. Advocates must thoroughly examine the merits
of a case and advise their clients accordingly.
Advocates must not file or defend a case that lacks legal or factual
basis or is intended solely to harass or burden the court or the
opponent.
2. Duties of an Advocate towards Clients
Duty of loyalty and commitment
Advocates have a primary duty towards their clients. They must act
in the best interests of their clients and diligently represent their
clients’ legal rights and interests. Advocates must maintain a high
level of loyalty, commitment, and confidentiality towards their
clients.
They must strive to achieve the objectives of their client’s cases to
the best of their abilities, within the bounds of law and ethics.
Duty to provide competent and diligent representation
Advocates have a duty to provide competent and diligent
representation to their clients. They must possess the requisite
knowledge, skill, and expertise to handle the legal matters entrusted
to them.
Advocates must stay updated with the developments in the law and
diligently prepare and present their cases in a competent manner.
They must also communicate with their clients regularly and keep
them informed about the progress of their cases.
Duty of disclosure and informed consent
Advocates have a duty to disclose all relevant facts to their clients
and obtain their informed consent before taking any action on their
behalf. Advocates must provide complete and accurate information
to their clients regarding the legal implications, risks, and possible
outcomes of their cases.
Clients have the right to be fully informed about their legal matters
and make informed decisions based on the advice and information
provided by their advocates.
Duty to avoid conflicts of interest
Advocates have a duty to avoid conflicts of interest between their
clients and themselves or their associates. Advocates must not
represent conflicting interests that may compromise their loyalty,
integrity, or objectivity towards their clients.
They must disclose any potential conflicts of interest to their clients
and obtain their informed consent before proceeding with the
representation.
Duty to maintain professional integrity and independence
Advocates have a duty to maintain professional integrity and
independence. They must not engage in any act that may
compromise their integrity, independence, or impartiality.
Advocates must not allow any undue influence, pressure, or
consideration to interfere with their professional judgment or
compromise the interests of justice.
Duty to maintain communication and updates
Advocates have a duty to maintain regular communication and
updates with their clients. Advocates must keep their clients
informed about the progress of the case, court dates, developments,
and any other relevant information.
Advocates must also promptly respond to their client’s queries,
concerns, and instructions, and not ignore or neglect their clients’
interests.
Duty to act in the best interests of the client
Advocates have a primary duty to act in the best interests of their
clients. Advocates must always prioritize their client’s rights,
interests, and instructions, and not compromise their clients’
position for their own personal gain or interests.
Advocates must act with loyalty, sincerity, and professionalism in
advancing their client’s cause.
3. Duties of an Advocate towards Society
Duty to promote access to justice
Advocates have a duty to promote access to justice and ensure that
justice is accessible to all, irrespective of their social, economic, or
personal background. Advocates must not refuse legal
representation to any person on the grounds of discrimination, bias,
or prejudice.
They must strive to provide legal aid and pro bono services to the
indigent and marginalized sections of society.
Duty to promote legal education and awareness
Advocates have a duty to promote legal education and awareness
among the general public. They must strive to educate the public
about their legal rights, obligations, and remedies. Advocates must
also contribute to legal research, writing, and publications to
enhance the knowledge and understanding of the law in society.
Duty to uphold the rule of law and social justice
Advocates have a duty to uphold the rule of law and promote social
justice. They must use their legal skills and knowledge to prevent
and redress any violation of human rights, injustice, discrimination,
or abuse of power.
Advocates must also strive to eradicate corruption and promote
transparency, accountability, and fairness in the legal system.
4. Duties of an Advocate towards Colleagues
Duty of professional courtesy and cooperation
Advocates have a duty to treat their colleagues with professional
courtesy, respect, and cooperation. They must not engage in any
conduct that may harm the reputation or interests of their
colleagues. Advocates must strive to maintain a cordial and
professional relationship with their colleagues and promote a
healthy and harmonious working environment within the legal
profession.
Duty to report professional misconduct
Advocates have a duty to report any instance of professional
misconduct by their colleagues to the appropriate authorities, such
as the Bar Council or the court. Advocates must not shield or protect
their colleagues who engage in unethical or illegal conduct.
Reporting professional misconduct is essential to maintain the
integrity and reputation of the legal profession and uphold the
interests of justice.
Duty to mentor and guide junior advocates
Advocates who have gained experience and expertise in the legal
profession have a duty to mentor and guide junior advocates. They
must share their knowledge, skills, and experience with junior
advocates and help them in their professional development.
Advocates must also strive to maintain a healthy and respectful
relationship with their juniors, providing them with guidance,
support, and constructive feedback.
5. Duties of an Advocate towards the Bar Council
Duty to comply with the code of ethics
Advocates have a duty to comply with the code of ethics and
professional standards laid down by the Bar Council. Advocates
must be familiar with the rules, regulations, and guidelines of the
Bar Council and must adhere to them in their professional conduct.
Advocates must also cooperate with any inquiries, investigations, or
disciplinary proceedings initiated by the Bar Council and provide all
necessary information and documents.
Duty to pay dues and fees
Advocates have a duty to promptly pay their dues, fees, and
subscriptions to the Bar Council. Advocates must also promptly
respond to any communications, notices, or requirements from the
Bar Council and comply with their regulations and procedures.
Duty to participate in Bar Council activities
Advocates have a duty to actively participate in the activities of the
Bar Council, such as elections, meetings, seminars, and workshops.
Advocates must also contribute to the welfare and development of
the legal profession by providing feedback, suggestions, and inputs
to the Bar Council for its better functioning.
Duty to abide by the rules and regulations of the Bar
Council
Advocates have a duty to abide by the rules, regulations, and code
of conduct prescribed by the Bar Council of India or the State Bar
Council. Advocates must familiarize themselves with the applicable
rules and regulations and must comply with them in all their
professional activities.
Advocates must also keep themselves updated with any changes or
amendments to the rules and regulations of the Bar Council, and
must adhere to them at all times.
Duty to report misconduct
Advocates have a duty to report any misconduct or unethical
behaviour of fellow advocates to the Bar Council. If an advocate
becomes aware of any violation of the Advocates Act, the Bar
Council rules, or any other ethical standards by another advocate,
they must promptly report such misconduct to the Bar Council for
appropriate action.
Advocates must also cooperate with the Bar Council in any
investigation or disciplinary proceedings related to such misconduct.
6. Duties of an Advocate towards Opposite Party and Opposite
Counsel
Duty of fairness and respect towards the opposite party
Advocates have a duty of fairness and respect towards the opposite
party. Advocates must not engage in any conduct that may harass,
intimidate, or bully the opposite party.
Advocates must also not indulge in any acts of misconduct, such as
misrepresentation, suppression of evidence, or manipulation of
facts, that may prejudice the rights and interests of the opposite
party.
Duty of professional courtesy towards opposite counsel
Advocates have a duty of professional courtesy towards the opposite
counsel. Advocates must treat the opposite counsel with respect,
dignity, and professionalism. They must not engage in any conduct
that may undermine the reputation or interests of the opposite
counsel.
Advocates must also not make any personal attacks or use
derogatory language against the opposite counsel during court
proceedings.
Duty to avoid conflicts of interest with the opponent
Advocates have a duty to avoid conflicts of interest with the
opponent. Advocates must not represent conflicting interests that
may compromise their ability to provide unbiased and effective
representation to their clients.
Advocates must also not engage in any activities that may be
deemed as collusive or unethical, which may result in a compromise
of the opponent’s rights or interests.
7. Duties of an Advocate Towards the Legal Profession
Duty to uphold the dignity and honour of the legal
profession
Advocates have a duty to uphold the dignity, honour, and integrity
of the legal profession. Advocates must maintain high standards of
professional conduct, ethics, and morality.
Advocates must not indulge in any conduct that may bring disrepute
to the legal profession or erode public confidence in the legal
system. Advocates must also not engage in any activities that may
compromise their independence, impartiality, or integrity as a legal
professional.
Duty to promote legal education and professional
development
Advocates have a duty to promote legal education and professional
development. Advocates must continuously update their knowledge,
skills, and expertise in the field of law through regular study,
research, and training.
Advocates must also share their knowledge and experience with
junior advocates and law students to contribute to the growth and
development of the legal profession. Advocates must actively
participate in legal seminars, workshops, and training programs to
enhance their professional competence and stay updated with the
latest legal developments.
Duty to maintain professional conduct and etiquette
Advocates have a duty to maintain professional conduct and
etiquette in their interactions with clients, opponents, judges, court
staff, and other stakeholders in the legal system. Advocates must
conduct themselves with dignity, courtesy, and respect towards all
 parties involved in a case, irrespective of their personal opinions or
differences.
Advocates must also refrain from engaging in any behaviour that
may be deemed unprofessional, unethical, or contemptuous of the
court.
Duty to avoid misleading or false statements
Advocates have a duty to avoid making misleading or false
statements in the course of their professional practice. Advocates
must not make any false, exaggerated, or misleading claims about
their qualifications, experience, or success rates to attract clients or
gain an unfair advantage in a case.
Advocates must also refrain from making any false statements or
presenting fabricated evidence in court, as it undermines the
integrity of the legal profession and the justice system.
Duty to respect the authority of the court
Advocates have a duty to respect the authority of the court and
uphold the dignity and integrity of the judicial system. Advocates
must not indulge in any behaviour that may undermine the authority
of the court or obstruct the administration of justice.
Advocates must comply with the rules, procedures, and orders of
the court, and not engage in any conduct that may be deemed
disrespectful, disobedient, or contemptuous of the court.
Conclusion
Advocacy is a noble profession that plays a crucial role in the
administration of justice. Advocates, as officers of the court, have
certain duties and responsibilities towards the court, their clients,
opposing counsel, and the Bar Council. The duties of an advocate
are enshrined in the Advocates Act, 1961, and the Bar Council of
India Rules, and advocates are expected to uphold them with the
utmost professionalism and integrity.

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