Professional Documents
Culture Documents
SL PROFESSIONAL ETHICS - IMPORTANT QUESTIONS REP
NO
1 Who is an Advocate? Procedure for admission of an advocate to legal profession 5
(enrolment) (qualifications & disqualifications)
Disqualification of an Advocate 2
2 Solicitors firm 4
3 Discuss the Seven Lamps of Advocacy 3
4 Examine the duties of advocates for the standards of professional conduct and 1
etiquette
Enumerate the duties of advocates towards the client, courts and other advocates 5
Advocate's duty towards legal aid to the poor 4
5 Professional misconduct 6
6 Discuss the powers and functions of bar council of India 4
7 Define Disciplinary Committee and what are the powers and functions of disciplinary 4
committee under the advocates Act, 1961?
8 Discuss the nature and functions of accounting/accountancy 3
9 Important branches of Accounting/Accountancy 4
10 Bar Bench relations 4
PAPER-V:
PROFESSIONAL ETHICS AND
PROFESSIONAL ACCOUNTING SYSTEM
The written examination of this paper will be for 50 marks and the
remaining 50 marks for record and viva voce. There shall be classroom
instruction on the following topics:
Unit-I:
Development of Legal Profession in India — The Advocates Act, 1961
— Right to Practice — a right or privilege? - Constitutional guarantee
under Article 19(1) (g) and its scope — Enrolment and Practice —
Regulation governing enrolment and practice — Practice of Law —
Solicitors firm — Elements of Advocacy.
Unit-II:
Seven lamps of advocacy— Advocate’s duties towards public, clients,
court, and other advocates and legal aid; Bar Council Code of Ethics.
Unit-III:
Disciplinary proceedings — Professional misconduct —
Disqualifications — Functions of Bar Council of India/ State Bar
Councils in dealing with the disciplinary proceedings —Disciplinary
Committees -- Powers and functions - Disqualification and removal from
rolls.
Unit-IV:
Accountancy for Lawyers — Nature and functions of accounting —
Important branches of accounting — Accounting and Law – Bar Bench
Relations.
Record (30 marks): Each student shall write 50 selected opinions of the
Disciplinary Committees of Bar Councils and 10 major judgments of the
Supreme Court of India in the Record. The Record shall be evaluated for
30 marks by the teacher concerned. The Records of the students duly
certified by the University Representative appointed by the Controller of
Examinations in consultation with the Chairman, BOS in Law shall be
submitted to the University before the commencement of the theory
examinations.
Viva- voce (20 marks): There shall be viva-voce examination on the
above components. The Viva-voce Board consisting of (i) Principal of
the College/ the teacher concerned (ii) University Representative
appointed by the Controller of Examinations in consultation with the
Chairman, BOS in Law, and (iii) an advocate with 10 years of experience
at the Bar shall evaluate the student in the Viva. The proceedings of the
viva-voce shall be recorded.
Suggested Readings:
1. Sirohi: Professional Ethics, Central Law Publications, Allahabad.
2. G.B.Reddy, Practical Advocacy of Law, Gogia Law Agency, Hyderabad
3. Myneni S.R.: Professional Ethics, Accountancy for Lawyers and
Bench-Bar Relation, Asia Law House, Hyderabad.
4. Gupta S.P.: Professional Ethics, Accountancy for Lawyers
and Bench- Bar Relation, Asia Law House, Hyderabad.
5. Kailash Rai: Professional Ethics, Accountancy for Lawyers and
Bench-Bar Relation, Allahabad Law Agency.
6. Selected Judgments on Professional Ethics (in 2 volumes), Bar
Council of India Trust, New Delhi.
Criteria for enrolment as an Advocate (As per Section 24 of the Advocates Act): A person shall be
qualified to be enrolled as an advocate if he fulfills the following conditions:
(a) He is a citizen of India. Provided that a national of any other country can also practice only if
Indians are allowed to practice in that other country;
(b) He has attained the age of 21 years;
(c) He has completed his bachelors in law;
(d) He has paid the required stamp duty, which is chargeable under the Indian Stamp Act, 1899
and an enrolment fee payable to the State Bar Council. He has to pay six hundred rupees to The
State Bar Council and one hundred and fifty rupees to the Bar Council of India. If such person is a
Schedule Caste or Schedule Tribe then he has to pay one hundred rupees to the State Bar Council
and twenty-five rupees to the Bar Council of India.
Qualifications for Registration in Roll of Advocate (India): (According to Section 24 of Advocate act
1961)
1. The person must be citizen of India: The first and most important condition for enrolment
in India is that the person must be citizen of India.
2. The nationals of other countries can only be allowed when Indians are allowed to practice
in their country.
3. Person must have completed the age of 21 years: It is a vital condition for enrolment that
the person who wants to register must have completed the age of 21 years at the time of
enrolment.
4. Person must be law graduate: Section 24(1)C says about it as under -
The person who have got the degree of law from any college/university before 12
March, 1967.
The person who have got the degree from any university recognized by Bar Council
of India after 12 March, 1967.
The person who have got degree from any university decided by Indian Rule Act
1935.
5. Payment of decided fees: The decided fees for the enrolment has to be paid by the
candidate and if there is any stamp fees than under Indian Stamp Act 1899, than it should
also be paid.
5. Fulfilment of other Conditions: Other conditions that are decided by the state bar council
must be completed along with the above mentioned conditions.
Disqualifications: Section 24(A) of the Advocate Act 1961, describes the conditions in which the
person cannot be registered.
1. If the person is held guilty for crime related to moral turpitude.
2. If the person is held guilty under Untouchability Act 1955.
3. If the person has been dismissed from the post from employment office under state on the
blame of moral turpitude. This qualification will remain effective for 2 years from the date
of removal.
2. Solicitors firm.
Answer: Solicitors advise clients and draft pleadings/documents, but engage advocates for
conducting the case in the court. Lawyers who want to be solicitors should pass an examination. In
India, a two-year practice is also required before an Indian lawyer can qualify as a solicitor.
A solicitor can cover large clientele unlike the advocate, Mostly solicitors work on retainer basis
for large companies for a handsome remuneration. Commercial clients call in solicitors for advice
on matters including litigation, property, tax and finance. Private client work usually involves
personal legal matters such as wills, property conveyancing, divorce and custody. Solicitors' firms
come in all shapes and sizes so it's important to do your research first and find out which one
would suit you.
Solicitors need a wide range of skills. As well as being able to communicate with clients and
develop good working relationships with them, they need to be able to work closely with
colleagues, pay close attention to detail and be willing to work long hours. They also need
initiative and good judgment to work with complex information.
b) COURAGE:
A lawyer should be fearless and courageous while upholding his stand in front of the bench. Only a
person who is truthful and honest will be fearless at all times. A lawyer should never back-off from
any situation; he should be bold and witty enough to tackle all the dangers advancing towards
him. A lawyer should be bold enough to fight against the social evils for the sake of the citizens. He
should aid in directing and moulding society in the right way.
c) INDUSTRY:
An advocate needs to possess all the necessary skill-set which is required by this profession. He
needs to master the art of both speaking and writing. He needs to work his way towards success.
A lawyer should never be ignorant of the law. Ignorance of the law is never permissible. He should
have sheer dedication and devotion towards this profession. Law is like the ocean the more you
believe you've discovered the more mysteries are lined up to be unravelled. Nobody in this world
can master law because law evolves continuously. In this profession who can never achieve
Mastery, who will always be a pupil.
d) WIT:
A good lawyer should have a lot of wit and presence of mind while he's arguing. A well- prepared
speech will never work in the court of law. He should make a conversation with the judge. He
should elucidate on every significant fact of the case. He should lead the judge with his arguments.
It is true that the judge won't be convinced in the first go. He will be asking questions as he is
supposed to because he has got the most difficult job to do "rendering justice". Intelligence and
knowledge are other things which are to be vested in a lawyer; these would come in handy in later
stages of his arguments.
e) ELOQUENCE•
A lawyer should be a very skilled speaker. He should have the required style and confidence in the
court. Eloquence adds more effectiveness to his submissions. His language should be error free. He
should employ the pauses at the right moment. His submissions need not be dramatic but need to
be effective. It should leave an impression on the judge. He should be persuasive. He should be
able to re-frame his submissions until he wins it in his client's favour. The Judge should be able to
recollect the intrinsic details the advocate pointed out in his pleadings while writing his judgment.
That's the level of effectiveness that is to be achieved by a lawyer.
f) JUDGEMENT•.
Before drafting his submissions a lawyer should be able to anticipate the possible
counterarguments that might arise from the other side. He should be prepared to dodge all of the
counters. He should be able to assess which detail of the fact or the statute would help him to
achieve the desired verdict. There's an old saying "He can't be a good lawyer unless he can't take
two sides". This particular skill would make the best out of a lawyer.
g) FELLOWSHIP•
Though there is a battle of words in the court hall, no lawyer is supposed to hold grudge against
another. They should always uphold the fellowship in this profession. That is why the lawyers
refer to their opposite side counsel as "Learned Friend". If every lawyer takes it to their heart, that
might hinder the fellowship of this profession. It might even lead to its downfall.
CONCLUSION:
Thus, lawyers have an important duty of upholding justice in the most crucial of times. They must
not only work towards the betterment of this profession but also for the betterment of this society
also. Every lawyer is obliged to serve the society. It is one of his primary duties. The service of a
lawyer to the development of this society is indispensable.
4. Examine the duties of advocates for the standards of professional conduct and etiquette.
Enumerate the duties of advocates towards the client, courts and other advocates.
Advocate's duty to provide legal aid to the poor.
Answer: An Advocate shall, at all times, comport himself in a manner befitting his status as an
officer of
The Court, a privileged member of the community, and a gentleman, bearing in mind that what
may be
lawful and normal for a person who is not a member of the Bar or for a member of the Bar in his
nonprofessional capacity may still be improper for an advocate. Without prejudice to the
generality of the
foregoing obligation, an advocate shall fearlessly uphold the interests of his client, and in his
conduct conform to the rules hereinafter mentioned both in letter and in spirit. The rules
hereinafter mentioned
contain cannons of conduct and etiquette adopted as general guides; yet specific mention thereof
shall
not be construed as a denial of the existence of others equally imperative though not specifically
mentioned.
Section I—Duty to the Court
1. An advocate shall, during the presentation of his case and while otherwise acting before a
Court, conduct himself with dignity and self-respect. He shall not be servile and whenever there is
proper ground for serious complaint against a judicial officer, it shall be his right and duty to
submit his grievance to proper authorities.
2. An advocate shall maintain towards the Courts a respectful attitude, bearing in mind that the
dignity of the judicial office is essential for the survival of a free community.
3. An advocate shall not influence the decision of a Court by any illegal or improper means. Private
communications with Judge relating to a pending case are forbidden.
4. An advocate shall use his best efforts to restrain and prevent his client from restoring to sharp
or unfair practices or from doing anything in relation to the Court, opposing counsel or parties
which the advocate himself ought not to do. An advocate shall refuse to represent the client who
persists in such improper conduct. He shall not consider himself a mere mouthpiece of the client,
and shall exercise his own judgment in the use of restrained language in correspondence, avoiding
scurrilous attacks in pleadings, and using intemperate language during arguments in Court.
5. An advocate shall appear in Court at all times only in the prescribed dress, and his appearance
shall always be presentable.
6. An advocate shall not enter appearance, act, plead or practice in any way before a Court,
Tribunal or Authority mentioned in Section 30 of the Act, if the sole or any member thereof is
related to be Advocate as father, grandfather, son, grandson, uncle, brother, nephew, first cousin,
husband, wife, mother, daughter, sister, aunt, niece, father-in-law, daughter-in-law or sister-in-
law.
7. An advocate shall not wear bands or gown in public places other than in Courts except on such
ceremonial occasions, and at such places as the Bar Council or the Court may prescribe.
8. An Advocate shall not appear in or before any Court or Tribunal or any other authority for or
against an organisation or an institution, society or corporation, if he is a member of the Executive
Committee of such organisation or institution or society or corporation. “Executive Committee,”
by whatever name it may be called, shall include any Committee or body of persons which, for the
time being, is vested with the general management of the affairs of the organisation or institution,
society or corporation.
Provided that this Rule shall not apply to such a member appearing as “amicus curiae‟ or
without a fees in a matter affecting the affairs or a Bar Council, Incorporated Law Society or a Bar
Association.
9. An Advocate should not act or plead in any matter in which he himself is pecuniarily interested.
Illustration:
I. He should not act in a bankruptcy petition when he himself is also a creditor of the bankrupt.
II. He should not accept a brief from a company of which he is a director.
10. An Advocate shall not stand as a surety, or certify the soundness of surety, for his client
required for the purpose of any legal proceedings.
Section II—Duty to the Client
11. An Advocate is bound to accept any brief in the Courts or Tribunals or before any authority in
or before which he professes to practise at a fee consistent with his standing at the Bar and the
nature of the case. Special circumstances may justify his refusal to accept a particular brief.
12. An Advocate shall not ordinarily withdraw from engagements once accepted, without
sufficient cause and unless reasonable and sufficient notice is given, to the client. Upon his
withdrawal from a case, he shall refund such part of the fee as has not been earned.
13. An Advocate should not accept a brief or appear in a case in which he has reason to believe
that he will be a witness and if being engaged in case, it becomes apparent that he is a witness on
a material question of fact, he should not continue to appear as an Advocate if he can retire
without jeopardising his client’s interests.
14. An Advocate shall at the commencement of his engagement and during the continuance
thereof, make all such full and frank disclosures to his client relating to his connection with the
parties and any interest in or about the controversy as are likely to affect his client’s judgment in
either engaging him or continuing the engagement.
15. It shall be the duty of an advocate fearlessly to uphold the interests of his client by all fair and
honourable means without regard to any unpleasant consequences to himself or any other. He
shall defend a person accused of a crime regardless of his personal opinion as to the accused,
bearing in mind that his loyalty is to the law which requires that no man should be convicted
without adequate evidence.
16. An Advocate appearing for the prosecution in a criminal trial shall so conduct the prosecution
that it does not lead to conviction of the innocent. The suppression of material capable of
establishing the innocence of the accused shall be scrupulously avoided.
17. An Advocate shall not, directly or indirectly, commit a breach of the obligations imposed by
Section 126 of the Indian Evidence Act.
18. An Advocate shall not, at any time, be a party to fomenting of litigation.
19. An Advocate shall not act on the instruction of any person other than his client or his
authorised agent.
20. An Advocate shall not stipulate for a fee contingent on the results of litigation or agree to
share the proceeds thereof.
21. An Advocate shall not buy or traffic in or stipulate for or agree to receive any share or interest
in any actionable claim. Nothing in this Rule shall apply to stock, shares debentures or government
securities, or to any instruments which are for the time being, by law or custom negotiable, or to
any mercantile document or title to goods.
22. An Advocate shall not, directly or indirectly, bid for or purchase, either in his own name or in
any other name, for his own benefit or for the benefit of any person, any property sold in the
execution of a decree or order in any suit, appeal or other proceeding in which he was in any way
professionally engaged. This prohibition, however, does not prevent an Advocate from bidding for
or purchasing for his client any property which his client may himself legally bid for or purchase
provided the Advocate is expressly authorised in writing in this behalf.
23. An Advocate shall not adjust fees payable to him by his client against his own personal liability
to the client, which liability does not arise in the course of his employment as an Advocate.
24. An Advocate shall not do anything whereby he abuses or takes advantage of the confidence
reposed in him by his client.
25. An advocate should keep accounts of the client’s money entrusted to him, and the accounts
should show the amounts received from the client or on his behalf, the expenses incurred for him
and the debits made on account of fees with respective dates and all other necessary particular.
26. Where moneys are received from or on account of a client, the entries in the accounts should
contain a reference as to whether the amounts have been received for fees or expenses, and
during the course of the proceedings, no Advocate shall, except with the consent in writing of the
client concerned, be at liberty to divert any portion of the expenses towards fees.
27. Where any amount is received or given to him on behalf of his client the fact of such receipt
must be intimated to the client as early as possible.
28. After the termination of the proceeding the Advocate shall be at liberty to appropriate
towards the settled fee due to him any sum remaining unexpended out of the amount paid or sent
to him for expenses, or any amount that has come into his hands in that proceeding.
29. Where the fee has been left unsettled, the Advocate shall be entitled to deduct, out of any
moneys of the client remaining in his hands, at the termination of the proceeding for which he had
been engaged, the fee payable under the rules of the Courts in force for the time being, or by then
settled and the balance, if any, shall be refunded to the client.
30. A copy of the client’s account should be furnished to him on demand provided the necessary
copying charge is paid.
31. An Advocate shall not enter into arrangements whereby funds in his hands are converted into
loans.
32. An Advocate shall not lend money to his client, for the purpose of any action or legal
proceedings in which he is engaged by such client.
Explanation—An Advocate shall not be held guilty of a breach of this rule, if in the course of a
pending, suit or proceedings, and without any arrangement with the client in respect of the same,
the
Advocate feels compelled by reason of the rule of the Court to make a payment to the Court on
account of the client for the progress of the suit or proceeding.
33. An Advocate who has at any time, advised in connection with the institution of a suit, appeal
or other matter or has drawn pleadings or acted for a party, shall not appear or plead for the
opposite party.
Section III—Duty to Opponent
34. An Advocate shall not in any way communicate or negotiate upon the subject matter of
controversy with any party represented by an Advocate except through that Advocate.
35. An Advocate shall do his best to carry out all legitimate promises made to the opposite party
even though not reduced to writing or enforceable under rules of the Court.
Section IV—Duty to Colleagues
36. An Advocate shall not solicit work or advertise, either directly or indirectly, whether by
circulars. Advertisements, touts, personal communications, interview not warranted by personal
relations, furnishing or inspiring newspaper comments or procuring his photograph to be
published in connection with cases in which he has been engaged or concerned. His sign-board or
name-plate should be of a reasonable size. The sign-board or name-plate or stationery should not
indicate that he is or has been President or Members of a Bar Council or of any Association or that
he has been associated with any person or organisation or with any particular cause or matter or
that he specialises in any particular type of work or that he has been a Judge or an Advocate-
General.
37. An Advocate shall not permit his professional services or his name to be used in aid of or to
make possible, the unauthorised practise of law by any lay agency,
38. An Advocate shall not accept a fee less than the fee taxable under the rules when the client is
able to pay the same.
39. An Advocate shall not enter appearance in any case in which there is already a vakalat or
memo of appearance filed by an Advocate engaged for a party except with his consent, in case
such consent is not produced he shall apply to the Court stating reasons why the said consent
could not be produced and he shall appear only after obtaining the permission of the Court.
Section IVA
40. Every advocate borne on the Rolls of a State Bar Council shall pay to the State Bar Council a
sum of Rs. 30 every third year, commencing 1st April, 1980, either at one time or in three equated
instalments.
41. The aforesaid sum collected by the State Bar Council shall be credited to a separate fund to be
known as „Advocates Welfare Fund‟.
42. All sums so collected by the State Bar Council in accordance with Rule 40 shall be remitted to
the Bar Council of India forthwith, which shall be credited by the Bar Council of India to a separate
fund to be known as „Advocates Welfare Fund.‟
43. Every advocate borne on the rolls of a State Bar Council shall deliver on or before 1st April
every year, commencing from 1st April 1980 a declaration in the form prescribed.
44. Every Advocate borne on the Rolls of a State Bar Council shall enrol himself as member of a Bar
Association within the territory over which the said Bar Council exercises jurisdiction. Every
declaration under Rule 43 above, shall be accompanied by a certificate of the Secretary of that Bar
Association, certifying that he is a member and that he has paid all the dues of the Bar Association.
45. The name of every Advocate, who fails to pay the aforesaid sums within the prescribed time
set out in Rule 40 or fails to file the declaration under Rule 43 or makes any false statement in the
declaration under Rule 43 shall be removed from the Rolls of the State Bar Council.
46. Before the name of any Advocate is removed from the Rolls under Rule 45 the Secretary of the
State Bar Council shall serve on the Advocate concerned a notice to show cause against the
removal of his name and the cause shown, if any, shall be dealt with by the Chairman of the State
Bar Council forthwith who, in his discretion, shall pass such orders as he thinks fit.
Section V—Duty in Imparting Training
47. It is improper for an Advocate to demand or accept fees or any premium for any person as a
consideration for imparting in law under the rules prescribed by the Bar Council to enable such
person to qualify for enrolment under the Advocates Act, 1961.
Section VI—Duty to Render Legal Aid
48. Every Advocate shall in the practice of the profession of law bear in mind that any one
genuinely in need of a lawyer is entitled to legal assistance even though he cannot pay for it fully
or adequately and that within the limits of an Advocate’s economic condition, free legal assistance
to the indigent and oppressed is one of the highest obligations an Advocate owes to society.
Section VII—Restrictions on Other Employments
49. An Advocate shall not personally engage in any business but he may be a sleeping partner in a
firm doing business provided that, in the opinion of the Bar Council the nature of the business is
not inconsistent with the dignity of the profession.
50. An Advocate may be a Director or Chairman of the Board of Directors of a company with or
without any ordinary sitting, fee provided none of his duties are of an executive character. An
Advocate shall not be a Managing Director or a Secretary of any company.
51. An Advocate shall not be full-time salaried employee of any person, government, firm,
corporation or concern, so long as he continues to practise and shall, on taking up any such
employment, intimate the fact to the Bar Council and shall thereupon cease to practise as an
advocate so long as he continues in such employment.
Nothing in this rule shall apply to Law Officer of the Central Government or the Government of a
State or of any Public Corporation or body constituted by statute who is entitled to be enrolled
under the rules of the Bar Council made under Section 28(2)(d) read with Section 24(1)(c) of the
Advocates Act, 1961 despite his being a full-time salaried employee.
52. An Advocate who has inherited, or succeeded by survivorship, to a family business may
continue it, but may not personally participate in the management thereof. He may continue to
hold a share with others in any business which has descended to him by survivorship or
inheritance or by will, provided he does not personally participate in the management thereof.
53. An Advocate may review Parliamentary Bills for a remuneration, edit legal text books at a
salary, do „press-vetting‟ for newspapers, coach pupils for legal examinations, set and examine
question papers; and subject to the rules against advertising and full-time employment, engage in
broadcasting, journalism, lecturing and teaching subjects both legal and non-legal.
54. Nothing in these rules shall prevent an Advocate from accepting, after obtaining the consent of
the Bar Council part-time employment provided that in the opinion of the Bar Council the nature
of the employment does not conflict with his professional work and is not inconsistent with the
dignity of the profession.
These rules shall be subject to such directives if any as may be issued by the Bar Council of India
from time to time
5. Professional misconduct.
Answer: A lawyer’s profession is meant to be a divine or sacred profession by all means. In every
profession, there are certain professional ethics that need to be followed by every person who is
into such a profession. But there is the fact that professional misconduct is a common aspect, not
only in other professions but also in advocacy also. In simple terms, it means certain acts done by
the persons which seem to be unfit for the profession as well as which are against certain ethics in
this field. The term has been clearly defined in Black’s Dictionary as, the transgression of some
established and definite rule of action, a forbidden act, a dereliction of duty, unlawful behaviour,
improper or wrong behaviour. Its synonyms are a misdemeanour, impropriety, mismanagement,
offense, but not negligence or carelessness. From the definition, it is now clear that the act of
professional misconduct is done purely with an intention of getting unlawful gains. The Advocates
Act, 1961 and the Indian Bar Council play a vital role in providing rules and guidelines regarding
the working, code of conduct and such other matters concerning lawyers and advocates in India.
Misconduct means any acts which are unlawful in nature even though they are not inherently
wrongful. Before the Advocates Act, 1961, we had the Legal Practitioners Act, 1879. There is no
definition given for the term ‘misconduct’ in the Act, but the term ‘unprofessional conduct’ is
being used in the Act. Some of the instances of professional misconduct are as follows:
Dereliction of duty
Professional negligence
Misappropriation
Changing sides
Contempt of court and improper behaviour before a Magistrate
Furnishing false information
Giving improper advice
Misleading the clients in court
Not speaking the truth
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
Forcing the prosecution witness not to say the truth.
Advocates Act, 1961: The provisions of Section 35 of the Advocates Act deal with professional
misconduct of lawyers and advocates in India, which read as:
A person is found guilty of professional misconduct; it shall refer the case to a disciplinary
committee, shall fix a date of hearing and issue a show cause notice to the Advocate and the
Advocate General of the State. The disciplinary committee of the State Bar Council, after being
heard of both the parties, may:
1. Dismiss the complaint, or where the proceedings were initiated at the instance of the
State Bar Council, directs that proceedings be filed;
2. Reprimand the advocate;
3. Suspend the advocate from practice for such a period as it deems fit;
4. Remove the name of an advocate from the state roll of advocates.
Misconduct is of infinite variety; this expression must be understood in a broad meaning, such
that it extends the meaning under natural law, and there is no justification for restricting their
natural meaning. Section 49 of the Advocate Act empowers the Bar Council of India to frame rules
and standards of professional misconduct. Under the Act, no person has a right to make
advertisement or soliciting; it is against advocate’s code of ethics. He is also not entitled to any
advertisement through circulars, personal communications or interviews, he is not entitled to
demand fees for training and to use name/service for unauthorized purposes.
2) The bar council of India may constitute one or more funds in the prescribed manner for the
purpose of giving financial assistance to organize welfare schemes for indigent, disabled or other
advocates Giving legal aid or advice in accordance with the rules made in this behalf establishing
law libraries
3) Bar council of India may receive any grants donations, gifts or benefactions for all or any of the
purposes specified in sub-section (2) which shall be credited to the appropriate funds constituted
under the sub section.
According to Section 7 (a) of the Advocate Act, 1961 the Bar Council of India may become a
member of international legal bodies such as the International Bar Association or International
Legal Aid Association, contribute such sums as it thinks fit to Such bodies by way of subscription or
otherwise and authorize expenditure on the participation of its representatives in any
international legal conference seminars.
7. Define Disciplinary Committee and what are the powers and functions of disciplinary
committee under the advocates Act, 1961?
Answer: Introduction:
Section 42 of Advocates Act 1961, provides the Powers of Disciplinary Committee of a Bar
Council. The Provisions of this Section are same for both, the State Bar Council as well the Bar
Council of India.
3) For the purposes of exercising any of the powers conferred by sub-section (1), a disciplinary
committee may send to any civil court in the territories to which this Act extends, any summons or
other process, for the attendance of a witness or the production of a document required by the
committee or any commission which it desires to issue, and the civil court shall cause such process
to be served or such commission to be issued, as the case may be, and may enforce any such
process as if it were a process for attendance or production before itself.
4) Notwithstanding the absence of the Chairman or any member of a disciplinary committee on
date fixed for the hearing of a case before it, the disciplinary committee may, if it so thinks fit,
hold or continue the proceedings on the date so fixed and no such proceedings and no order made
by the disciplinary committee in any such proceedings shall be invalid merely by reason of the
absence of the Chairman or member thereof on any such date:
Provided that no final orders of the nature referred to in sub- section (3) of section 35 shall be
made in any proceeding unless the Chairman and other members of the disciplinary committee
are present.
5) Where no final order of the nature referred to in sub-section (3) of section 35 can be made
in any proceedings in accordance with the opinion of the Chairman and the members of a
disciplinary committee either for want of majority opinion amongst themselves or otherwise, the
case, with their opinion thereon, shall be laid before the Chairman of the Bar Council concerned or
if the Chairman of the Bar Council is acting as the Chairman or a member of the disciplinary
committee, before the Vice-Chairman of the Bar Council, and the said Chairman or the Vice
Chairman of the Bar Council, as the case may be, after such hearing as he thinks fit, shall deliver
his opinion and the final order of the disciplinary committee shall follow such opinion.
Faith in the judiciary to the general public and speedy justice depends primarily on the cordial
relationship between the judges and the lawyers, and the role of the lawyers is equally important
to the judges in the administration of justice. It is their joint responsibility to deliver justice.
Bar-Bench Relations
Administration of Justice isn’t something that just involves the Bench. It also affects the Bench. To
preserve the cordial ties between the Bar and the Bench, mutual respect is necessary. Lawyers and
Judges have to support one another. The bar is the primary recruiting ground for Judges. And they
are both a member of the same culture. Bar and Bench will have cordial relationships with each
other. But due to the nature of the duties to be performed by advocates and judges, occasionally,
funny, often heated and often harsh, they may enter into dialogue.
Scandalizing the court by a lawyer also pollutes the very basis of justice and such behaviour by a
lawyer gives disrepute to the whole administration of justice.
An Advocate’s attitude towards the Tribunal should be one of universal reverence, regardless of
the Court’s position. Advocates Private opinion about the presiding officer, because he has to
preserve the integrity of the judiciary as an institution, he must not demonstrate in his actions.
Likewise, it is the judiciary‘s duty not only to be respectful towards the Bar members but to do
everything possible to promote the high traditions of the Bar.
A lawyer or judge’s uncourteous conduct or wrongdoing can amount to contempt of the court;
there are two forms of contempt of the court. For example, to use insulting language against a
judge or to threaten him with transfer or removal or to approach the judge in a loose manner or to
challenge his authority to ask questions or to make scandalous allegations against a judge etc. It
amounts to Court contempt. He is responsible for his uncourteous act and is punishable by Court
for such disrespect. The Court’s contempt punishment is intended to protect public trust in the
Administration of Justice system.