FACULTY OF JURIDICAL SCIENCES

SUBJECT: Professional Ethics and

Professional Accounting System

SUBJECT CODE: BAL 704/BBL704/ LL.B. 503

LECTURE: 26

NAME OF FACULTY: Ms. Anjali Dixit

Assistant Professor
 Lecture-26

Advantages of Having Codified Professional Ethics

 LECTURE 26: Advantages of Having Codified Professional Ethics

Advantages of Having Codified Professional Ethics:

Firstly, codes of ethics are important means of social control. It will keep new corner to the profession
aware and old members in line according to the social requirement and expectations. Secondly,
Professional ethical codes prevent control or interference by the government or by society though some
one of its agencies. If a degree of standardization is needed and that is done by the profession itself, it will
keep outside interference away. Governmental regulations through law tend to be negative while ethics
points to the goal desired. Thirdly, ethical codes are important, in developing higher standards of conduct.
The codes crystallize best Judgment about the profession. Fourthly, the existence of code will have great
educative, corrective and appreciable value for both the lawyers and the laymen.

Professional conduct & Professional ethics:

Most people think that professional conduct and professional ethics are one and the same. However, there
is a slight difference between the two. In professional conduct the member of the profession acts under
some statutory or contractual powers i.e. legal obligation, whereas in professional ethics a member of
profession is expected to follow i.e. moral obligation. Professional ethics is noble and those who remain
within it are considered divine.
Article 39-A of the Indian Constitution provides that the operation of the legal system promotes justice ,
on a basis of equal opportunity, and shall, in particular, provide free legal aid , by suitable legislation or in
any other way, to ensure that opportunities for securing justice are not denied to any citizen by reason of
economic or other disabilities.

Advocate's Duty to render legal aid

1) Duty To Render Legal aid -

Rule 46 of Section VI of Chapter II of Part VI of Bar council of India Rules makes it clear that ,
Every Advocate shall in the practice of the profession of law bear in mind that any one genuinely in need
of a lawyer is entitle to legal assistance even though he can not pay for it fully or adequately and that
within the limits of an advocates economic condition, free legal assistance to the indigent and oppressed
is one of the highest obligation an advocate owes to society.

2) Entitlement to Legal services -

Every person who has to file or defend a case shall be entitle to legal services under this act if he is ,

A) a member of a scheduled caste or scheduled tribe ; or

B) a victim of trafficking in human beings or bear or beggar as referred to in Article 23 of the
Constitution , or

C) a women or a child , or

D) a mentally ill or otherwise disabled person ; or

E) a person under circumstances to the undeserved want such as being victim of a mass disaster , ethnic
violence violence, caste atrocity, flood, drought, earthquake or industrial disaster ; or

F) an industrial workman ; or

G) in custody , including custody in a protective home within the meaning of clause (g) of section 2 of the
immoral traffic (Prevention) Act,1956, or in a juvenile home within the meaning of clause (j) of section 2
of the Juvenile Justice Act,1986, or in a psychiatric hospital or psychiatric nursing home within the
meaning of clause (g) of section 2 of the Mental health Act, 1987; or

H) in receipt of annual income less than rupees nine thousand or such other higher amount as may be
prescribed by the State govt. if the case is before a court other than the supreme court , and less than
rupees twelve thousand or such other higher amount as may be prescribed by the central govt, if the case
is before the supreme court.
3) According to Advocate Act , 1961 :

I) Section. 6(2)(b) -

A State Bar Council may constitute one or more funds in the prescribed manner for the purpose of
the giving legal aid or advice in accordance with the rules made in this behalf .

II) Section. 7(1)(ib) -

The functions of the Bar council of India shall be to organize legal aid to poor in the prescribed
manner .

III) Section 7(2)(b) -

Bar council of India may constitute one or more funds in the prescribed manner for the purpose
of giving legal aid or advice in accordance with the rules made in this behalf .

IV) Section. 15(2)(ga) -

A Bar Council of India may make rules so as to provide for the constitution of one or more
funds by a bar council for the purpose of giving financial assistance or giving legal aid or advice referred
to in sub section (2) of section 6 and sub-section (2) of section 7.
V) Section 15(2)(gb) -
 A Bar council may make rules to pr5ovide for organization of legal aid and advice to
the poor , constitution and functions of committees and sub-committees for the purpose and description of
proceedings in connection with which legal aid or advice may be given.
4) Constitution of legal aid committees -

According to Sec.9-A -

1) A Bar Council may constitute one or more legal aid committees each of which shall consist of
such number of members, not exceeding nine but not less than five, as may be prescribed.

2)The qualifications, the method of selection and the term of office of members of a legal aid
committee shall be such as may be prescribed.
5) A Legal services not to be provided in certain cases -

1) Proceedings wholly or partly in respect of -

(a) defamation
(b) malicious prosecution
(c) a person charged with contempt of court proceedings ; and
(d) perjury

2) Proceedings relating to any election.

3) Proceedings in respect of economic offenses and offenses against social laws, such as Protection of
Civil Rights Act, 1955 , and the Immoral Traffic (Prevention) Act, 1956, unless in such cases the aid is
sought by the victim.

6) Honorarium Payable to legal Service Advocates -

1) The legal service advocate shall be paid such honorarium as may be fixed by the committee.

2) No legal service advocate to whom any is assigned either for legal advice or for legal services
shall receive any fee or remuneration whether in cash or in kind of any other advantage, monetary or
otherwise, from the aided person or fro, any other person on his behalf.

3) The legal service advocate who has completed his assignment shall submit a statement
showing the honorarium due to him together with the report of work done to the secretary of the
committee, who shall, after due security sanction the fee and expenses payable to him. In case of any
dispute on the quantum payable to the legal service advocate, the matter shall be placed before the
chairman for decision.
 SELF-TEST QUESTIONS

S.NO Question Option (a) Option (b) Option (c) Option (d)

1 codes of ethics are important means of social economica Ethical None of

…………. control l control control the Above

2 …………ethical codes prevent control or Profession Custom Legal None of

interference by the government al the Above

3 ………codes are important, in developing Profession Custom None of

ethical
higher standards of conduct al the Above

4 Every Advocate shall in the practice of the Rule 46 Rule 48 of Rule 49of None of
profession of law bear in mind that any one of Section Section VI Section VI of the Above
genuinely in need of a lawyer is entitle to VI of of Chapter Chapter II of
legal assistance even though he can not pay for it Chapter II II of Part Part VI of Bar
fully or adequately and that within the limits of of Part VI VI of Bar council of
an advocates economic condition, free legal of Bar council of India Rules
assistance to the indigent and oppressed is one council of India
of the highest obligation an advocate owes to India Rules
society. Rules

5 A Bar Council of India may make rules so as to section 8 None of

provide for the constitution of one or more funds the Above
by a bar council for the purpose of giving section 9
section 7
financial assistance or giving legal aid or advice
referred to in sub section (2) of section 6 and
sub-section (2) of ……

Answers: 1-(a),2-(a), 3-(a),4-(a),5-(a)