LAW 550 Professional Ethics, Accountancy for L T P C

Lawyers and Bench-Bar Relations

Version 2.0 Date of Approval 4 0 0 4
Pre-Requisites/Exposure Basics of Different Laws including Consumer Protection Law
Co-requisites The Legal Services Act and Different Rules of Bar Council of India
Programme B.A.LL.B. (Hons.) & B.Sc.LL.B. (Hons.)
Semester Xth

1. Course Description:
The Course has been designed to acquaint the students of law about the legal profession,
professional ethics and professional etiquettes that are essentially significant for an advocate to
observe while at the Bar. Accountability and transparency are imperative to every profession and
legal profession is not an exception. It focuses on requirement of conducive and cordial Bar-
Bench relations to send a good message in the society concerning the richness of the legal
profession and it’s professional. With this background, the course aims at developing insights of
the students about the professional parameters.

2. Course Objective:
The course shall have the following objectives:
 To provide the conceptual understanding of the general principles of professional ethics
to legal professional and their accountability towards profession;
 To elucidate the importance of legal profession and its development in India;
 To understand the about enrolment procedure and practice in India; and
 To elucidate the professional misconduct and contempt of court etc.

3. Course Outcome:
The course has been designed with following objectives:
 To appreciate the importance of professional ethics to legal professional and their
accountability towards the profession.
 To understand different conducts as professional misconduct or contempt of court and its
punishment.
 To learn the procedure of enrolment and right to practice.

4. Pedagogy:
A various teaching-learning methods will be used which will emphasize a cooperative learning
format. Student led discussions and presentations will be combined with instructor facilitated
experiences and lectures. Specific methods includes followings:
 Class room discussion
 Lecture method
 Presentations
 Case studies
 Projects/Assignments
 Court room exercise
 Problem solving method
5. Evaluation Scheme:
S. No. Components Weightage
(Max. Marks)
1 Project Writing 25
2 Case Analysis 25
3 Viva-Voce 25
4 End Semester Examination 25
5 Total 100

6. Reading Materials:
a. Statutes and Reports:
 The Letters Patent Act, 1865
 The Legal Practitioners Act, 1879
 The Indian Bar Councils Act, 1926
 The Advocates Act, 1961
 The Contempt of Courts Act, 1971
 The India Bar Committee Report, 1923
 The All Indian Bar Committee Report, 1951
 The Law Commission of India, 14th Report, 1958

b. Text Books:
 Kailash Rai, Legal Ethics, Central Law Publications, Allahabad
 J.P.S Sirohi and Sunil Sirohi, Professional Ethics, Accountancy for Lawyers & Bench Bar
Relations, Allahabad Law Agency, Allahabad
 P. Ramanatha Iyer, Legal & Professional Ethics, Wadhwa Publication
 Raju Ramachandran, Professional Ethics for Lawyers-Changing Profession, Changing
Ethics, Lexis Nexis, New Delhi

c. Reference Books:
 N.R. Madhava Menon, Legal Profession, Bar Council of India
 M.P. Singh, Outlines of Indian Legal and Constitutional History, Universal Law
Publications
 M.P. Jain, Outlines of Indian Legal and Constitutional History, Lexis Nexis
 R. Subramanian, Professional Ethics, Oxford University Press, New Delhi.
 Ross Cranston, Legal Ethics and Professional Responsibility, Oxford University Press,
London.
 Morgan and Rotunda, Professional Responsibility, Problems and Materials

d. Articles:
 Deborah L. Rhode, “Teaching Legal Ethics”, Saint Louis Law Journal
 Monroe H. Freedman, “Understanding Lawyer’s Ethics”
 Deborah L. Rhode, “Legal Ethics in Legal Education”, Clinical Law Review
 Stephen L. Pepper, “The Lawyer’s Amoral Ethical Role”
 Stephen L. Pepper, “Lawyers’ Ethics in the Gap Between Law and Justice”, South
 Texsas Law Review
 Marc Galanter, “The Faces of Mistrust: The Image of Lawyers in Public Opinion, Jokes,
and Political Discourse”, University of Cincinnati Law Review
 Veeraraghavan, “Legal Profession and the Advocates Act, 1961”, Journal of Indian Law
Institute
 Rao, “Law Students, Lawyers and Judges in the New Millennium”, Supreme Court Cases
 Shah, “Roles of Lawyers in Legal Institutions: Professional Conducts and Advocacy”,
Indian Bar Review

e. Case Laws:
 Sardul Singh v. Pratap Singh, AIR 1999 SC 1704
 Mahabir Prasad Singh v. Jacks Aviation Pvt. Ltd., AIR 1999 SC 287
 N.G. Dastane v. Shekhar S. Shivde, AIR 2001 SC 2028
 D.P. Chadha v. Triyugi Narain, AIR 2001 SC 457
 Shambhu Ram Yadav v. Hanuman Das Khatry, AIR 2001 SC 2509
 In Re Advocate on Records, AIR 1957 SC 149
 Kumaravelu v. Bar Council of India, AIR 1997 SC 1014
 Hikmat Ali Khan v. Ishwar Prasad Arys, AIR 1997 SC 864
 P.D. Khandelkar v. B.C.I. Maharastra, AIR 1984 SC 110
 B.C.I. Maharastra v. M.V. Dabholkar, AIR 1976 SC 242
 Delhi Judicial Service Association v. State of Gujrat, AIR 1991 SC2176
 In re Dr. D.C. Sexena v. Hon’ble Chief Justice of India, AIR 1996 SC 2481
 Supreme Court Bar association v. Union of India, AIR 1998 SC 1895
 Mrityunjoy Das v. Sayed Hasibur Rahman, AIR 2001 SC 2763

7. Course Contents:
Module-I: Introduction to Legal Profession and Ethics
 Profession and Legal Profession
 Ethics and Its Requirement in Legal Profession
 Legal Ethics in Legal Profession
 Professional Ethics and Responsibility of Legal Professionals
 Rule of Confidentiality and Conflict of Interests

Module-II: Development of Legal Profession in India and Its Regulation

 Development of Legal Profession in India
 Legal Profession in India: Pre-Independence & Post-Independence
 Regulation of Legal Profession in Post-Independence India
 Regulation of Legal Profession in Pre-Independence India
 Regulation of Legal Profession under the Advocates Act, 1961

Module-III: Regulation of Practice and Enrollment in Legal Profession in India

 Bar Council of India: Constitution, Powers and Duties
 State Bar Councils: Constitution, Powers and Duties
 Committees under Bar Council of India and State Bar Councils
 Admission and Enrollment of Advocates
 Disqualification for Enrolment of Advocates
  Rights to Practice to Legal Profession

Module-IV: Professional Responsibilities and Misconduct

 Duty of Advocates towards Courts, Clients, Opponents, and Colleagues
 Duty of Advocates towards Society and obligation to Render Legal Aid
 Professional and other Misconducts
 Complaint against Professional and other Misconducts
 Disciplinary Action against Professional and other Misconducts
 Review and Appeal against Disciplinary Actions

Module-V: Bench-Bar Relations & Contempt of Court

 Bench-Bar Relation: Nature and Importance
 Contempt of Court: Meaning, Nature and Kinds
 Contempt Jurisdiction: Basis and Extent
 Procedure against Contempt of Court
 Punishment for Contempt of Court, Defenses and Remedies

Module-VI: Emerging Issues in Legal Profession

 Legal Profession in Globalizing Context
 Right to Advertisement in Legal Profession
 Right to Strike to Legal Professionals
 Negligence by Legal Professionals
 Deficiency in Service by Legal Professionals
 Legal Our-Sourcing in India

8. Teaching Plan:
Teaching plan will be discussed in the class room.

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