The legal profession is governed by a moral code that is the key to maintaining independence

and accountability and instilling trust among clients

By Ritu Gupta
As per Black’s Law Dictionary, legal ethics, also termed as etiquette of the profession, refers to the
minimum standards of appropriate conduct within the legal profession. This involves duties that its
members owe to one another, their clients and courts. In general terms, legal ethics refers to the
professional regulations that govern the conduct and moral lives of lawyers.

The Preamble to the UN’s Basic Principles on the Role of Lawyers states: “…an independent legal
profession is integral to upholding the rule of law. Whereas adequate protection of human rights and
fundamental freedoms to which all persons are entitled, be they economic, social and cultural, or
civil and political, requires that all persons have effective access to legal services provided by an
independent legal profession.”

The legal system of any government is executed through the administration of justice. A sound and
healthy system for administration of justice is necessary to uphold the rule of law as mandated by the
Constitution as well as to attain peace and stability in the nation. Courts, judges and lawyers, in turn,
are said to be the torchbearers and true upholders of this system. As courts rely on the pleadings
rendered by lawyers, this duty rests on their shoulders. The confidence of people may suffer a
setback and access to justice may be hindered if lawyers are unable to profess ethics in their
professional conduct. There cannot be an exhaustive list of these desirables but honesty, fairness,
equity, and integrity are a few qualities in the quest for justice. The code of professional
responsibility delineates conduct that is “rational”, “judicious” and consistent with the “norms of the
profession and the rule of law”.

The relationship between lawyers and clients is said to be based on the uberrima fides principle,
which means utmost good faith. The abuse of this faith would not only block administration of
justice but be responsible for deterioration of the noble profession. Moreover, any such single
incident puts a serious question mark on the entire fraternity, and professional ethics then become
indispensable. The oft-quoted aphorism, “Not only must justice be done; it must also be seen to be
done” is applicable to judges. At the same time, it is true for lawyers also while dispensing their
duties as officers of the court.
In the words of Immanuel Kant: “In law, a man is guilty when he violates the rights of others. In
ethics, he is guilty if he only thinks of doing so.”

In Noratanmal Chaurasia v MR Murli, the Supreme Court held that misconduct has not been defined
in the Advocates Act, 1961, but professional misconduct envisages breach of discipline and may be
defined as transgression of some established and set standards of practice. It is wide enough to cover
omissions and commissions, whether done intentionally or unintentionally. Further, in Tulsidas
Amanmal Karim, it was held that any conduct which, in any way, renders a person unfit for the
exercise of his profession, or where he is likely to tamper with or embarrass the administration of
justice by a high court or any subordinate court may be taken as misconduct.

In this case, the following two tests were laid down: (1) the conduct of the advocate is such that he
must be regarded as unworthy to remain a member of the honourable profession; and (2) the conduct
of the advocate is such that he must be regarded as unfit to be entrusted with the responsible duties
that an advocate is called upon to perform.

The lawyer-client relationship too has various connotations and aspects. Some of them are:

 A lawyer is under a duty to act as per his capability and potential, and guide his client in
the best possible manner. The action must be diligent and must be taken in a time-bound
manner.
 He should treat the client fairly and protect his interests in the most befitting manner. He
should avoid conflict of interest by not engaging with more than one client in the related
matter.
 He should ensure the availability of resources needed to enable him to dispense his duties
effectively.
 At every relevant point of time, the client should be updated and kept informed of the
possible outcomes of the steps taken and the reasonable duration of time that may be
involved in the process.
 He should advise the client in a swift and polite manner that is easily understandable.
 The lawyer should maintain the confidentiality of the discussion and the documents
submitted to him, during the course of the pendency of litigation and even afterwards, till
a reasonable time. He should act as per the trust and faith of the client.
  As the relationship with the client is contractual, reasonable professional fees should be
charged from him as agreed with him. The lawyer is expected to resort to legitimate
means to recover professional dues from the client.
In their capacity as officers of the court, lawyers should not be complicit in misleading the court. If
during the pendency of the case, a lawyer learns about any fraud or wrongful depiction by his client,
he should convey the details to the court.

Principle 14 of the UN’s Basic Principles on the Role of Lawyers says: “Lawyers, in protecting the
rights of their clients and in promoting the cause of justice, shall seek to uphold human rights and
fundamental freedoms recognised by national and international law and shall at all times act freely
and diligently in accordance with law and recognised standards and ethics of the legal profession.”

Any deviant or defiant behaviour by lawyers brings disrepute to the entire legal community. Hence,
professional ethics is the key to maintaining independence and accountability of the legal profession.
The importance of such practices must be inculcated in budding lawyers when legal education is
imparted to them. Professional bodies like Bar Councils must ensure inclusion of legal ethics in the
curriculum of law universities, faculties, schools and colleges. Bar Associations must take strict
action against professionals who indulge in wrong practices. The principles of legal ethics would
help build a justice delivery mechanism that shall command respect from all stakeholders, and in
turn, help establish the rule of law.

You need three things for a successful law practice: (1) your law degree, (2) your bar
license, and (3) your integrity.

One of my first columns was about ethics. I made the point that in SmallLaw, ethics are
much more upfront and personal. You’re the one who’s responsible for the bills, and
there’s no one above you telling you you can’t do something. By necessity, you quickly
become familiar with the ethics rules.

Ethics are part of integrity, but ethics largely consist of staying within the rules others
have laid down. Integrity is more internal. The Google dictionary defines integrity as
“the quality of being honest and having strong moral principles; moral uprightness,”
and I think that perfectly captures the essence of integrity. (Though it didn’t stop me
from killing 15 minutes trying to come up with something on my own.)
Integrity: What it is and Why it is
Important
L. W. J. C. Huberts