LL.B.

(Three years course) VIth Semester

Professional Ethics and Court Craft

UNIT 1
Q1-Write about the development of Legal Profession in India?
Ans-Development of the l egal profession In India can be divided into four phases:
 Legal Profession in Ancient India:
 Legal Profession was not well organized.
 Courts derived their authorities from King.
 King was the judge and superior power.
 Dharma and Nyay Shastra was the base of justice.
 Legal Profession in Medieval India:
 The term Vakeel was introduced.
 Courts were divided into-
 Zilla Court and Dewanee Court
 Legal Profession in British India developed by following steps
1.Charter of 1726:
 The mayor's courts were established in the presiding towns of Bombay, Calcutta, and
Madras, they were the royal courts.
2.Charter of 1753:
It was issued to modify the charter of 1726.
3.Charter of 1774:
 Mayor’s court were abolished.
 Supreme Court was established at Madras ,Calcutta,Bombay

4.Indian High Courts Act, 1861:

Under this act, The British Crown issued the Charter to establish one High Court in each
presidency town.
5.Legal Practitioners Act, 1879:
It was enacted to consolidate and amend the law relating to legal practitioners.

 Legal Profession In Independent India:

 All India bar Committee, 1951:
All India Bar Committee was constituted under the chairmanship of Justice S.R. Das.
 The committee in its report recommended the establishment of an All India Bar Council
and State bar Council.
 It recommended the powers of enrollment, suspension, or the removal of advocates to
the Bar Council.
Advocates Act, 1961:
The central government enacted the Advocates Act in 1961.
 This act has been in force in entire India.
 It brought revolutionary changes in the legal profession in India.
Q2-Write about Constitution, Function and Powers of State Bar Council?
Ans- Constitution of State Bar Council

 The State Bar Council are established under section 3 of the The Advocate Act, 1961.
 There are total 18 State Bar Council in India.
 State of Assam, Nagaland, Meghalaya, Manipur, Tripura, Mizoram & Arunachal Pradesh
have their common state Bar Council.
 Punjab and Haryana also have common State Bar Council.
 A State Bar Council shall consist of the following members namely:—
 Advocate General of the State, ex officio
 A Chairman and a vice chairman

 Functions of State Bar Council

 General functions -
Section 6(1) of the Advocate Act 1961 makes provisions for functions of the State Bar Council.
(1) to admit persons as advocates on its roll;
(2) to prepare and maintain such roll;
(3) to entertain and determine cases of misconduct against advocates on its roll;
(4) to safeguard the rights, privileges and interests of advocates on its roll;
(5) to promote the growth of Bar Associations for the purposes of effective implementation of
the welfare schemes
(6) to promote and support law reform;
(7) to organize legal aid to the poor in the prescribed manner;
 To Issue Certificates of Enrollment
 To Maintain Roll of Advocates

 Powers of State Bar Council

 Power to make rules

The State Bar Council has been empowered to make rules to carry on the purposes of section
16 to Section 27 of the Advocate Act, 196, dealing with the admission and enrollment of
advocate
 Power to punish Advocate
The State Bar Council has Power to punish an advocate for professional misconduct.
The Disciplinary Committee of the State Bar Council may make any of the following order -
(a)dismiss the complaint
(b) suspend the advocate
(c) remove the name of the advocate from the State roll of advocates.
 To appoint Committees and Staff Members A bar Council establishes disciplinary
committee, Executive Committee, Enrollment Committee, etc.
 d) To Maintain Accounts and Conduct Audit

Every Bar Council shall cause to be maintained books of accounts and other books in
manner as may be prescribed.
Q3 -Discuss the constitution and function of Bar Council of India?

Ans- The Bar Council of India (BCI) is a statutory body that regulates and represents the
Indian Bar.
It was established under section 4 of the Advocates Act, 1961.The head quarter of BCI is in
New Delhi.It is headed by the Chairman and Vice-Chairman.BCI was made to prescribe a
standard of professional conduct, etiquette and exercise disciplinary jurisdiction.BCI comes
under the domain of Ministry of Law and Justice, Government of India and it is a corporate
body

 Constitution of Bar Council of India

Section 4 (1) of the Advocate Act 1961 provides that there shall be a Bar of the following
members —
1.The Attorney-General of India, ex officio;
2.The Solicitor-General of India, ex officio;
3.One member elected by each State Bar Council from amongst its members.
 Functions of Bar Council of India
The functions of Bar Council of India are stated under Section 7 of the Advocate Act, 1961.
1. Advocates – BCI lays down standards of professional conduct and etiquette for
advocates and BCI also safeguards the rights, privileges, and interests of advocates.
2. State Bar Council– BCI lays down the procedure to be followed by its disciplinary
committee and the disciplinary committee of each State Bar Council.
3. Recognition- BCI recognizes Universities whose degree in law shall be a qualification for
enrolment as an advocate and for that purpose to visit and inspect Universities.
4. BCI promotes and supports law reforms and also gives suggestions or
recommendations.
5. Legal Education– BCI promotes legal education and lays down standards of such
education in consultation with the Universities in India imparting such education
6. Funds– BCI manages and invests in the funds of the Bar Council. Through this fund BCI
gives financial assistance to organize welfare schemes for poor, disabled, or other
advocates.
7. Elections– BCI conducts elections regularly to elect its members who shall run the Bar
Councils.

 Powers of Bar Council of India

 Legal Education Committee Has the power to make recommendations to the council for
laying the standard of legal education.
 Disciplinary Committee BCI hears an application for revision by persons against
 summary dismissal of their complaints against advocates for professional misconduct,
by the state bar councils.
 Executive Committee
Deals with all the questions related to the management of funds, affairs of the staff, allotment
of work, audit, accounts, library, and legal publications delegation.
 Advocate Welfare Committee
The Advocates Welfare Act, 2001. This committee looks after the application procedure made
by advocates for welfare funds. It also verifies their application and provides the fund.
 Legal Aid Committee
Has the power to offer services to the poor, who cannot afford the services of a lawyer

Q4- What are the qualification for enrolment as Advocate? Mention about
disqualification for registration as an Advocate? What is certificate of Enrolment?

Ans- A person who wants to enroll as an advocate needs to qualify some

requirements under Section- 24 of Advocates Act, 1961.

 The person must be a citizen of India

 The person must complete the age of 21 years.
 The person must obtain a law degree.
 The person has to fulfill the other requirements and conditions specified in the
rules made by the State Bar Council.
 The person has to pay the required stamp duty fees chargeable under the Indian
Stamp Act, 1989 for enrollment
 Disqualification of enrolment

Section 24 A provides for enrolment disqualification and, accordingly, The following

people are ineligible to become Advocates.

 A person who has been convicted of a moral turpitude violation.

 A person convicted under the Untouchability (Offenses) Act of 1955.
 A person who has been fired or removed from government employment due to
an accusation of moral turpitude. The disqualification becomes null and void two
years after his release from prison or removal from service.

 A person found guilty in the foregoing instances and receiving benefits under the
Probation of Offenders Act, 1958 is not disqualified.
If an application for enrolment is denied on any of the aforementioned grounds of
disqualification, the State Bar Council must notify all other State Bar Councils of the fact,
including the applicant's name, address, and reasons for denial, and he will be barred
from applying for enrolment.

 Certificate of Enrolment
  According to Section 22 of the Advocates Act 1961 there shall be issued a
certificate of enrolment in the prescribed form by the State Bar Council to
every person.
 And the name of such persons is entered in the roll of advocates maintained
by it under the Act.

UNIT -2

Q1-What do you understand by ‘Professional ethics’? What are the

standards of professional conduct and etiquette and mention about the
benefits arising from professional codes of conduct?
Ans- Definition:
 Professional ethics means an ethical code governing the conduct of persons engaged in
the practice of law as well as persons engaged in the legal sector.
 Professional ethics are principles that govern the behavior of a person or group in a
business environment.
 Professional ethics provide rules on how a person should act towards other people and
institutions, professional ethics are often codified as a set of rules, which a particular
group of people use.
 Bar Council of India Rules Chapter II, Part VI deals with standards of professional
conduct and Etiquette.
 Section 49(l)(c) of the Advocates Act, 1961, also deals with the standards of
professional conduct and etiquette to be followed by advocates.
Standards of Professional Conduct and Etiquette:
There are some universal ethical standards that apply across all professions, including:
 Honesty
 Trustworthiness
 Loyalty
 Respect for others
 Adherence to the law
 Doing good and avoiding harm to others
 Accountability
Professional codes of conduct provide various benefits:
 Code of conduct build confidence in the profession’s trustworthiness.
 They provide greater transparency and certainty to the Clients about how their affairs will
 be handled.
 Helps members of the profession, as they provide a supporting framework for resisting
pressure to act inappropriately.
 These codes provide better understanding of the profession as a whole, as they provide
a common understanding of acceptable practice and allows for fairer disciplinary
procedures.
 By practicing these professional codes the profession will be seen as more reliable and
easier to deal with.

Q2-“The relation between an advocate and his client is fiduciary” , then do

discus about conflict between interest and duty Discuss with reference to
the provisions pertaining to duty of an advocate towards his client.
Ans- Conflict between interest and duty:
 A conflict of interest is a situation in which someone is in a position of trust. Like
Advocates, Doctor etc.
 Such professionals can not break the trust of other party for their personal interest.
 Such interests can make it difficult to fulfill his or her duties impartially.
 A conflict of interest exists even if no unethical or improper act results from it.
 A conflict of interest can create distrust in the person, profession, or court system.

Advocates Duty towards Court:

 The Bar Council of India prescribes certain duties in Chapter II that an advocate must
fulfill. They are as follows:

 An advocate must act in a dignified manner.

 An advocate must maintain a respectful attitude while at court and shall respect the
dignity of the judicial office.
 He should not to communicate in private with any judicial officer.
 An advocate refuse to act in an illegal manner towards the opposition.
 An advocate shall have his own sense of judgment and mustn’t use strong language in
the court of law.
 He should always appear in proper dress code.

 He should always refuse to appear in front of relations.

 He should not to wear bands or gowns in public places.

 He should not represent establishments of which he is a member.

  An advocate should not appear in matters of pecuniary interest.

 An advocate should never stand as surety for the client.

Advocates Duty towards Client

 Just as an advocate owes duty towards the court he/she is also obligated to follow Rule
11 to Rule 33 that prescribes an advocate’s duties towards his client. They are as
follows:

 An advocate is bound to accept briefs.

 An advocate can not to withdraw from service in the middle of the matter.

 An advocate is not allowed to appear in matters where he himself is a witness.

 An advocate should give full and frank disclosure of the matter to his client.

 An advocate should always uphold interest of the client.

 An advocate should not suppress any material or evidence related to the case.

 An advocate should not disclose the communications between the client and himself.

 An advocate should not charge depending on the success of matters.

 An advocate must not lend money to his client.

 An advocate should never appear for opposite parties.

Q3 -Discuss the duties of an advocate towards opponents?

Mention three duties of advocates towards his opponents?
Ans- The Bar Council of India prescribes certain duties in Chapter II that an advocate must fulfill.
These duties are:
 Duty to the court
 Duty to the client
 Duty to the opponent
 Duty to the colleague
 Duty to the society

Duties of an advocate towards his opponents are as follows:

 Section – III of Chapter II of Bar Council of India Rules laid down the duties of an
advocate towards his opponent.
 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.
  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 the rules of the court.
 An advocate shall not mislead an opponent, regarding any point in this case.

Duties of advocates towards his Colleagues:

 Section – IV of Chapter II of Bar Council of India Rules laid down the duties of an
advocate towards his colleagues.
 An advocate shall not solicit work or advice directly or indirectly through Mass
Communication.
 An advocate shall not pursue his profession in spirit of competition or rivalry.
 An advocate should be courteous to opposing Counsel and should accede to reasonable
request regarding Court proceedings.
 An advocate shall not enter appearance in any case in which there is already a
Vakalatnama or Memo of appearance filed by an advocate engaged for a party expect
with his consent.
 An advocate does not envy another advocate who attains to position and rank and
earns well.
 An younger advocate must be cordial in relationship and pay respect to senior advocate.
 An advocate shall be ready to give help and advice to brother members.
 An advocate shall strive at all the levels aid the legal profession in advancing the
standard of members of profession.
 An advocate shall not accept a fee less than taxable under the rules when the client is
able to pay the same.
 An advocate shall not permit his professional services or his name to be used in aid or to
make possible, the unauthorized practice of law by any agency.

Thus Advocate should maintain their high traditions of Fearless Independence, probity
and integrity, and live up to their noble ideals and dedicated lives for the truth, and
Justice, and also for good of the common man.

Q4 - What are the duties of lawyers to the society and free legal
aid?
Ans- Advocate Duty towards Society:

An advocate is a privileged member of the community and a gentleman beside being a

citizen. He has greater responsibility to protect the country and lead the community.
 An advocate shall endeavor to make the laws suitable to the well being of the people.
 An Advocate shall guard the liberty and freedom of the people.
 An advocate should strive for social legislation's to accelerate the advent of socialistic
pattern of society in India by dedicating to the public service.
 An advocate shall educate the people to respect the law and respect for the courts and
the judges.
  An advocate shall establish Legal Aid Societies for the purpose of rendering legal
assistance to really poor and deserving persons free of any charge .
 An advocate shall help the people local bodies such as panchayats in villages to
function on sound lines, so that the people may discharge their functions in an
enlightened and responsible manner.
 An advocate shall provide Legal education to the illiterate and working people by
informing them for the rights and legal provisions in simple language.
 An advocate shall compose family differences and Settle petty Disputes and
controversies by amicable settlement.
 An advocate shall work with social welfare committees to promote social order in which
justice political economic and social will be assured to the society.
Advocates Duty to Render Legal aid:
 Legal aid is a concept in India wherein, the people who are economically weak in society
or live in rural areas where they don’t have an access to courts are provided with legal
assistance.
 Persons who are entitled to free Legal services –
 A member of a scheduled caste or scheduled tribe.
 A victim of trafficking in human beings or bear or beggar as referred to in Article 23
of the Constitution.
 A women or a child,
 A mentally ill or otherwise disabled person.
 An industrial workman.
 disaster , ethnic violence violence, caste atrocity, flood, drought, earthquake or
industrial disaster.

 According to Advocate Act 1961:

 Rule 46 of Section VI of Chapter II of Part VI of Bar council of India Rules makes it clear
that Every Advocate shall in the practice of the profession of law bear in mind that
any one genuinely in need of a lawyer is entitle to legal assistance even though he can’t
pay for it fully or adequately and that within the limits of an advocates economic
condition, free legal assistance to the indigent and oppressed is one of the highest
obligation an advocate owes to society.
 Section- 6(2)(b)
A State Bar Council may constitute one or more funds in the prescribed manner for the
purpose of the giving legal aid or advice in accordance with the rules made in this behalf .
 Section- 7(1)(ib)
The functions of the Bar council of India shall be to organize legal aid to the poor.
These all are the provisions in which legal aid should be given by an advocate.