Essay topic 1: Analysis of professional ethics and ethics in the workspace

(546 words)

An advocate’s workspace isn’t confined to their chambers or their office, but it is very wide in scope,
because of the nature of work and the amount of interaction they have to do for their work. Their
workspace can be summarily enlisted as follows:

1. Client interaction
2. The Court
3. The legal fraternity
4. The society at large

They must not therefore forget their duty (ethics) of upholding the legal profession’s dignity and to
maintain it as a noble professional. They have a sense of social responsibilities which calls for high
and noble conduct. Broadly, these are the following things that an advocate must follow to maintain
ethics in their workspace:

FOR CLIENTS- Prohibition as to appearance for opposite party and use of information to the
detriment of client: The relation between a client and an advocate is that of trust and confidence.
This entails keeping the information provided by the client a secret and working in his best interest,
not taking any action that would prove to be detrimental to his interests.

Client’s money and accounts: When moneys are received from client, their entries must be properly
made and their accounts must be properly stored, and without consent of the client no diversion to
the fees must be made. It must also be ensured that whenever possible the client must be provided
the copy of his accounts.

FOR COURT- Respect and courtesy to the court: An advocate must show respect and courtesy to the
Bench. An advocate is also an officer of the Court and is an essential part of the judicial machinery. It
is necessary for dignified and honourable administration of justice that the court should be regarded
with respect by the officers and the people. Dress code as prescribed, must be adhered to for
smooth functioning as well. In case there is a situation where the Bench consists of members of their
family or related to the Advocate, they must refrain from appearing.

FOR LEGAL FRATERNITY- Solicitation and lawful practice of law: A lawyer should not solicit work or
advertise, either directly or indirectly, anywhere through any modes of communication. Their
signboard or nameplate must be reasonably sized and should not indicate their position in any Bar
Council. An advocate must also ensure that their services are not used in any unauthorized or
unlawful practice by any agency.

FOR SOCIETY- Free legal aid and awareness: An advocate is a person of power in the sense that they
hold the knowledge of the law of the land, and their knowledge is indispensable to the common
man. Hence, one of their practices must be to provide legal awareness to the needy and
downtrodden sections of the society, as well as, provide free legal aid and take up pro bono cases to
help those who cannot afford but really need justice.

An adovcate’s scope of work can be accurately summarized by William Shakespeare’s phrase All
the world's a stage .

Ethics is a part and parcel of an advocate’s life as one cannot do without it. An advocate’s workspace
is very sacred to them and one cannot compromise with the same. Hence they must follow by the
principles laid down as mentioned above.
 Essay topic 2: Criminal analysis of criminal contempt of court

This term Contempt of Court can be easily understood as when we are

disrespectful or disobedience towards the court of law which means that we
wilfully fail to obey the court order or disrespect  the legal authorities. Then
the judge has the right to impose sanctions such as fines or can send the
contemnor to jail for a certain period of time if he is found guilty of Contempt
of Court. This term can also be understood in terms of the freedom of limits
of the judicial proceeding.

Depending on the nature of the case in India, Contempt of Court is of two

types.

1. Civil Contempt
2. Criminal Contempt
Section 2(a) of the Contempt of Court Act, 1971 states Civil Contempt as
wilful disobedience to the order, decree, direction, any judgment or writ of
the Court by any person or willfully breach of undertakings by a person given
to a Court.

According to Section 2(c) of the Contempt of Court Act, 1971, Criminal

Contempt is Defined as (i) the publication of any matter by words, spoken or
written, or by gesture, or by signs, or by visible representation or (ii) doing
of any act which includes:

1. a)  Scandalize or tends to scandalise, or lowers or tends to lower the

authority of any court, or
2. b) Biasness, interferes or tends to interfere with the due course of
any type of Judicial proceedings, or
3. c) obstructs or tends to obstruct, interfere or tend to interfere with
the administration of justice in any manner.

Case laws

Analysis