LB – 601: ADVOCACY, PROFESSIONAL ETHICS AND

ACCOUNTANCY FOR LAWYERS

PRESENTATION ON ETHICAL DILEMMA

SUBMITTED TO
Ms. CHINTU JAIN, Faculty of Law University of Delhi
(2019-2022)

SUBMITTED BY GURPREET SINGH

Exam Roll No. 19310806311
Section – E, Semester VI, LLB,
Roll No. – 216495
Law Centre – 1, Faculty of Law University of Delhi
INTRODUCTION:-
I would like to start my Presentation with an observation made by the Hon’ble Supreme Court in
the case of Bar Council of Maharashtra vs M. V. Dabholkar, 1976 SCR (2) 48) as follows,
“Professional ethics cannot be contained in a Bar Council rule nor traditional in the books but in
new canons of conscience which will command the member of the calling of justice to obey rules
or morality and utility.”
Professional ethics is a code of rules under which the behaviour and conduct of a practising lawyer
towards himself, his client, his opposing party and their counsel and most importantly towards the
court is regulated. In this presentation, I have presented the ethical dilemma faced by the advocate
during my internship and the course of action taken to deal with the dilemma

WHAT IS AN ETHICAL DILEMMA:-

An Ethical Dilemma involves a situation that makes a person question what is 'right' or 'wrong' to
do. A right versus the wrong dilemma is not so easy to resolve. It often involves an apparent
conflict between moral imperatives in which to obey one would result in transgressing the other.
It involves the need to choose from among two or more morally acceptable courses of action when
one choice prevents selecting the others; or, the need to choose between equally unacceptable
alternatives.

ETHICAL DILEMMA OR UNETHICAL PRACTICE OBSERVED:-

There is a very famous observation made by the Hon’ble Supreme Court I hope we all are very
well aware of it i.e. “justice delay, justice denied”. The unethical practice, I faced, is this, even
after hiring a brilliant advocate or attorney, the remedy, which is required, is not provided or not
delivered at the proper time. I divide this delay in justice into two parts. 1. Bar (Advocate) 2.
Bench.
1. Bar (Advocate):- The problem, I faced was that in most cases the Member of Bar means
Advocates, not obeyed his duty properly. I would like to share some general tactics or
practice of Advocates, which I observed during my internship program, due to which the
justice delivery system cause great prejudice to litigant parties.

(a) Proxy Appearance: - That in most of the time when on one particular date Advocates
has 4 or 5 cases in different courts and all matters are very important per se, the tactics
used by the Advocates is that he sends his associate or in some cases intern as well to
appear as proxy counsel. In this case, the Advocate secured justice or remedy for one
 client but what about those four who paid fees properly his matter is very important but
to this ethical dilemma or unethical practice, his remedy or justice is delayed.
(b) Adjournment ( just to delay or postpone the proceeding):- In the majority of cases,
when the Advocate does not get proper time to prepare his matter ( when cross-
examination or Final argument), he causes an appearance of proxy or appears himself
and prayed before the Hon’ble Court for adjournment. The most famous cause
presented before the court i.e. “I do not have Pleading or any important document
which is necessary for preparation” please adjourned the matter or give a short date.

2. Bench (The Hon’ble Judges):- The Bar and Bench are the wheels of this justice
system, whenever any one of them does not work properly the whole system becomes
paralyzed. That during my Internship, I observed the following practice or Bench which
caused delays in the proceeding or justice delivery system.

(a) Number of judges:- That there is huge pendency in our trial courts which causes
delays in providing justice, along with the number of judges to tackle this pendency
issue is not adequate. Here the Parties are innocent they paid Advocate fees and all
expenses of court which are lawfully required to be paid, but after doing all these things
the remedy or justice is not provided to them at the proper time.

(b) Leave without notice:- We all agree on this part, as human beings or social animals,
maybe we will face any unwanted emergency. I do not want to restrict the emergency
leave of judges but if possible please update a daily notice list of judges who is on
leave, so that the valuable time of Advocates will not be wasted. That this notice system
gives information to Advocates so that they can adjust or alter his schedule
appropriately.

SUGGESTIONS TO IMPROVE THIS HOSTILE SITUATION:-

1. Properly maintaining case of Dairy:- All Advocates or his assistance shall be required
to maintain proper case diary date wise and prayed before the Hon’ble Court while giving
next date of hearing, for next suitable date when Advocate will be free to deal with the
matter or there is no clash of dates.

2. Hire at least one Associate:- We all know that future is uncertain, All Advocates shall
have at least one capable Associate who can appropriately deal with the matter in absence
of main counsel as well. Whenever any unwanted circumstances arose, that associate will
stand and appear in the matter listed so that the remedy or justice shall not be delayed.

3. Video Conferencing:- That in this technological era it is a need time to be smart. The VC
facility shall be required or at least a Hybrid system of appearance should be allowed so
 that an Advocate can appear in his all-important matter without causing harm or delay to
the justice delivery system.
4. The number of judges:- There is huge pendency in our courts to tackle this problem, it
shall be obligatory on the part of the state to provide an adequate number of funds to the
judiciary so that it can develop all necessary facilities and recruit the adequate number of
the judicial officer and court staff.

CONCLUSION:- We all are well vest with the fact that in our Indian Trial Courts there is no
speedy justice or speedy remedy given to persons who actually are innocent and do all their part
to secure justice. The most unethical problem I faced during my internship was that some of the
Advocates parts or some time from Judges part there is undue delay in proving remedy or justice.
Although all such adjournments and leaves are lawfully valid but ethically such delay might be
condoned via using the alternative methods or proper techniques which definitely helps to Bar,
Bench, and All general people who are effected by this undue delay caused by some unethical
practices.