PROFESSIONAL ETHICS

INTRODUCTION
It requires to study thoroughly the various concepts like court,
contempt of court, court of record, legal ethics, professional or
other misconduct etc.
Legal ethics means body of rules and practice.
To secure a spirit of friendly cooperation between Bench and
Bar in the promotion of highest standards of justice.
Legal profession is a profession of great honor – To maintain
that, Advocates Act, 1961 has been passed.
The Act contains rules which are canons of conduct and
etiquette adopted as general guides.
It prescribes punishment for professional or other
misconduct. It also includes immoral conduct.
Legal Ethics:
It may be taken to mean the body of rules and
practice which determine the professional conduct of
the members of bar.
Chief Justice Marshall: “The fundamental aim of
Legal Ethics is –
To maintain the dignity of the Law Profession,
To secure a spirit of friendly cooperation between
the Bench and the Bar in the promotion of highest
standards of justice;
To establish honorable and fair dealings of the
counsel with his client, opponent and witnesses,
 To establish a spirit of brother-hood in the Bar
itself; and
 To secure that lawyers discharge their
responsibilities to the community generally.
Justice P.N. Sapru:
“The justification for the existence of counsel is that
each side to the controversy should be in a position to
present its case before an impartial tribunal in the best
and most effective manner possible”.
 The legal profession is a profession of great honor.
 It has been created not for private gain but for
public good.
 A sound system of the administration of justice
should possess three ingredients, viz., -
 A well-planned body of laws based on wise
concepts of social justice;
 A judicial hierarchy comprised of the Bench and
the Bar, learned in the law and inspired by high
principles of professional conduct; and
 Existence of suitable generation to ensure fair trial
 An advocate is an officer of the Court and required
to maintain towards the Court a respectful attitude
bearing in mind that the dignity of the judicial
office is essential for the survival of the society.
History of legal profession:
Legal Profession in Ancient India; [Dharma]
Legal Profession in Medieval India; [Shajahan – Govt. Advocates; During Aurangzeb’s reign
lawyers known as ‘Vakil-e-Sharkar or Vakil-e-Sharai’ were appointed and also free legal aid was provided. Also, two
Mughal Codes, the Figh-e-Firoz Shahai and the Fatwa-e-Alamgiri were adopted to deal with the duties of
Vakil] .
Legal Profession in British India;
Legal Profession after Independence.
Legal Profession during British Period:
 King James I, introduced judicial system in 1622 to Englishmen of East
Indies.
 Charter of 1726 – in each Presidency Town a Mayor’s Court was
established.
 Uniform judicial system was introduced in all the three Presidency Towns
– Bombay, Calcutta and Madras.
 Before 1726 the Courts were the Courts of East India Company and they
derived their authority not from the British Crown but from the East India
Company.
 Their decisions were not as authoritative as those of the Court in England.
Mayor’s Court established under the Charter of 1726 were
the Royal Courts and they derived their authority from
the British Crown but not from East India Company.
Charter of 1753 was issued to modify the Charter of 1726 –
It did not contain significant provisions for legal training
and legal education of legal practitioners.
Regulating Act, 1773 and the Charter of 1774
contributed much to the development on legal profession
in India.
The Regulating Act, 1773 empowered the British Crown to
establish a Supreme Court at Calcutta by issuing a Charter.
In exercise of this power, the British Crown issued a
Charter in 1774 establishing the Supreme Court of
Judicature at Calcutta.
The Charter of 1774 superseded the provisions of the
Charter of 1753 and resulted in the abolition of the
Mayor’s Court at Calcutta.
In 1801 the Supreme Court was established at Madras and
in 1823 the Supreme Court was established at Bombay by
the British Crown by issuing Charters.
Clause 11 of the Charter 1774 empowered the Supreme
Court to approve and enroll Advocates and Attorneys-at-
law.
SC had power to remove any advocate or attorney on
reasonable cause.
They were authorized to appear and plead and act for the
suitors of the Supreme Court.
The term ‘Advocate’ then extended only to English and
Irish Barristers and members of the Faculty of Advocates
in Scotland and the term ‘Attorneys’ then meant only the
British Attorneys or Solicitors.
The Indian Legal Practitioners were not authorized to
appear before the Supreme Court. [On 1 Oct., 1937 Federal Court came
into being – seated at Chamber of Princess in the Parliament building in Delhi. ]

Legal Profession in the Company’s Courts:

It was not organized.
Before the rise of the British power in India, the
administration of justice in Northern India was in the
hands of the Courts established by the Moghul Emperor
or ruling chiefs owning allegiance to the Moghul Emperor.
In addition, the big Zamindars also had Courts exercising
both civil and criminal jurisdiction.
There existed a class of persons called ‘Vakils’
The Vakils acted more as agents for principals than as
lawyers.
The Vakils practicing before the Moghul Courts appeared
in the Courts of the East India Company.
The Bengal Regulation VII of 1793 created for the first
time a regular legal profession for the Company's Courts.
The Regulation authorized the Sadar Diwani Adalat to
enroll pleaders for the Company’s Courts
Under this Regulation, only Hindus and Muslims could
be enrolled as Pleaders.
A Pleader was attached to one court – to attend such court
regularly and punctually.
In case of failure to attend the court, the pleader was
liable to fine.
For pleading in another court, the permission of Sadar
Diwani Adalat was necessary.
Stern disciplinary action was taken if a pleader was found
indulged in any forbidden act.[e.g., committing frauds,
gross misbehavior etc.]
A litigating party was required to sign Vakalatnama in
favor of his pleader thereby authorizing him to prosecute
or defend in the court .
Bengal Regulation XXVII of 1814 also made provisions
in order to organize the legal profession.
Bengal Regulation XII of 1833 modified the provisions
of the earlier Regulations regarding the appointment of
the Pleaders.
It permitted any qualified person of whatever nationality or
religion to be enrolled as a pleader of the Sadar Diwani Adalat.
The Legal Practitioners Act, 1846: It made provisions that the
people of any nationality or religion would be eligible to be
Pleaders, and Attorneys and Barristers enrolled in any of Her
Majesty’s Courts in India and would be eligible to plead in the
Company’s Sadar Adalats.
The Legal Practitioners Act, 1853: It authorized the Barristers
and Attorneys of the SC to plead in any of the Company's Courts
subordinate to Sadar Courts subject to rules in force. [However, it did
not permit the Indian Legal Practitioners to appear before the SC] [The conditions of compulsory
attendance of the pleaders in the court and to notify if unable to attend were revoked.]
The Indian High Courts Act, 1861 occupies an important place
in the development of the judicial administration in India.
High Courts were established in each Presidency Town. [1862]
Civil Courts were organized in Bengal, Assam and North-
Western Provinces by the Bengal, Agra and Assam Civil
Courts Act, 1887.
Subsequently, the courts were organized in other provinces
also.
The Criminal Courts were organized by the Criminal
Procedure Code of 1898.
High Courts were empowered to exercise the power of
superintendence over the Criminal and Civil Courts in
Mufussil.
The Letter Patent of 1865 made provision in respect of the
enrolment of the legal practitioners.
The High Court of Judicature at Fort William in Bengal was
empowered to approve, admit and enroll such advocates and
so many Advocates, Vakils and Attorneys as to the said High
Court shall deem fit.
They could appeal for the suitors of the said High Court
and to plead or to act or to plead and act for the said
suitors according to, as the said High Court might, by its
rules and directions.
The High Courts not established by the Royal Charters
were empowered by the Legal Practitioners Act, 1879 to
make rules as to the qualifications and admission of
proper persons to be advocates.
Such High Courts were to make rules with the previous
sanction of the Provincial Government.
In 1866 Chief Court of Punjab was established at Lahore.
Sec.10 of the Punjab Chief Court Act, 1866 laid down
qualifications for those to act as Pleaders. – This was
repealed.
Legal Practitioners Act, 1879:
In 1879, the LPA was passed to consolidate the laws.
It sought to unify all the six grades of legal practitioners functioning in
India at that time viz.,
 (a) Advocates,
 (b) Solicitors (Attorneys),
 (c) Vakils,
 (d) Pleaders,
 (e) Mukhtars; and
 (f ) Revenue Agents
and brought them into one system under the jurisdiction of the High
Courts.
The LPA authorized the High Court not established under a Royal
Charter to make rules with the previous sanction of the Provincial Govt.
as to the qualification and admission of proper persons to be Pleaders
and Mukhtars of the High Court.
The Chartered High Courts framed rules.
According to the rules framed by such High Courts, apart from
Attorneys, there were Advocates and Vakils.
Advocates were to be Barristers of England or Ireland
or Members of The Faculty of Advocates of Scotland.
The High Courts other than the High Court of
Calcutta allowed even non-Barristers to be enrolled as
Advocates under circumstances – e.g., in Bombay law
graduates of the Bombay University could be enrolled
as Advocate.
The Vakils were to be the persons who had taken the
law degree from an Indian University.
As regards the non-chartered High Courts, there
were Advocates, Pleaders and Mukhtars.
Under LPA, 1879 ‘Legal Practitioner’ means Advocate,
Vakil or Attorney of any High Court, Pleader, Mukhtar
or Revenue Agent.
Sec.5: Every person entered as an Attorney on the role of
any High Court would be entitled to practice in all the
Courts subordinate to such High Court and in all
Revenue Offices.
Sec.6 – HC to make rules as to suspension and dismissal
of Pleaders and Mukhtars.
Sec. 7 – Issue of Certificates to the Pleaders and
Mukhtars.
Sec.8 – Empowered pleaders to practice in Court and
Revenue Offices after enrolment.
Sec.12 of the Act empowered the High Court to suspend
or dismiss any Pleader or Mukhtar holding a Certificate
issued under Sec.7 of the Act, if he was convicted of any
criminal offence implying a defect of character which
unfit him to be Pleader or Mukhtar, as the case may be.
Sec.13 empowered the High Court to suspend or dismiss
Pleader or Mukhtar guilty of unprofessional conduct.
Sec. 14 made provisions in respect of the procedure
when charge of unprofessional conduct was brought in
Subordinate Court or revenue office.
Sec.17: Empowered the Chief Controlling Revenue
Authority to make rules consistent with this Act, as to
the qualification, suspension, dismissal, etc. of the
Revenue Agent.
Indian Bar Committee, 1923:
It was constituted under the Chairmanship of Sir
Edward Chamier.
The Committee was to consider the issue as to the
organization of the Bar on all India basis.
The Committee suggested that in all High Courts, a
single grade of practitioners should be established.
They should be called as Advocates.
A Bar Council should be constituted for each High
Court.
It should have power to enquire into matters calling
for disciplinary action against a lawyer.
Indian Bar Councils Act, 1926:
 It was enacted to give effect to some of the
recommendations of the Indian Bar Committee, 1923.
The main object was to provide for the constitution
and incorporation of Bar Council for certain courts, to
confer powers etc.
Every Bar Council was to consist of 15 members –
Four of such were to be nominated by the High Courts;
Ten of them were to be elected by the Advocates of the High
Court from amongst themselves and
One of them was to be the Advocate General.
The function of the Bar Councils were to be advisory
in nature.
The rules made by the Bar Council were to be
effective only on the approval of the High Court.
Sec.10 of the Indian Bar Council Act, 1926 empowered
the High Court to reprimand, suspend or remove
from the practice any Advocate of the High Court.
Legal Profession after Independence:
All India Bar Committee, 1951:
The Indian Bar Council Act, 1926 failed to satisfy the
Bar.
The Pleaders and Mukhtars practicing in the Mofussil
Courts were not within its scope.
In 1951 a Committee known as the “All India Bar
Committee” was appointed under the Chairmanship of
Justice S. R. Das.
It recommended that there should be no further
recruitment of non-graduate Pleaders or Mukhtars.
It also recommended that there should be a common
role of Advocates who should be authorized to practice
in all Courts in the Country.
The Fifth Law Commission in its Fourteenth Report
submitted in 1958, recommended for establishment
of a United All India Bar.
The Commission favored the recommendation of the
All India Bar Committee, 1951, that there should be no
further recruitment of non-graduate pleaders or
Mukhtars.
It also recommended for the division of Bar into
Senior Advocates and Advocates.
Advocates Act, 1961:
It has been enacted for the purpose of amending and
consolidating the law relating to legal practitioners.
This Act extends to the whole of India.
The functions of the Bar Council of India are:
to lay down the standards of professional
conduct and etiquette for advocates,
to lay down the procedure to be followed by its
Disciplinary Committee,
to safeguard the rights, privileges and interest of
advocates,
to promote and support law reform, to promote
legal education,
to recognize Universities which degree in Law
shall be a qualification for enrolment as an
advocate,
to conduct seminars etc.
The State Bar Councils are required to maintain roll of
advocates and to send copies of rolls of advocates to the
Bar Council of India.
It prescribes the duties towards the court – such as
respectful attitude, not to influence the decision of the court
by any illegal or improper means.
It requires the Advocates to appear in prescribed dress - not
to wear bands, or gowns in public places.
It also prescribes duties of an advocate towards his client –
to accept any brief in the Court or Tribunal etc.
Not to withdraw without sufficient cause from a brief.
To disclose to his client relating to his connection with the
parties and any interest in or about the controversy.
Not to act on the instructions of any person other than his
client.
An Advocate shall not directly or indirectly bid for or
purchase any property sold in the execution of a decree.
It also prescribes duties towards opponent – not to
communicate or negotiate upon the subject-matter of
controversy with any party .
Duties towards the colleagues – shall not solicit work or
advertise whether by circulars, advertisements, touts, etc.
Not to appear in which there is already a Vakalatnama by
another Advocate .
Duty to pay certain sum of money to State Bar Council.
To provide free legal assistance to the indigent and
oppressed .
To record financial transactions - in financial ledgers – to
ascertain the net profit earned or loss suffered.
Mukhtars and Revenue Agents:
Mukhtars were the legal professionals who used to
practice in criminal courts.
They also practiced in Revenue Offices as Revenue
Agents.
They had no license to practice.
They were merely Matriculates and had no legal
knowledge.
They acted as Solicitors for the Pleaders also.
They played the role of intermediary between the clients
and the Pleaders.
They were however considered to be inferior to Pleaders.
Pleaders:
Like Mukhtars, Pleaders also were non-licensed practitioners
of criminal courts.
They also functioned in Revenue Offices as Revenue Agents.
There was no stipulation as to their qualification, but they
were regarded superior to Mukhtars.
These Pleaders were not entitled to practice before the High
Court. [However, after some experience, they became entitled to practice before the HC]
Lawyers, Advocates, Vakils, and Attorneys:
A legal professional is most commonly known as a ‘Lawyer’,
‘Advocate’ or ‘Vakil’ or ‘Attorney’.
Lawyer: Lawyer is a person who is professionally qualified to
practice law, who is competent to give legal advice and who is
authorized to plead for his client.
 A Lawyer is trained in the law and is also licensed to practice law.
Advocate:
The term ‘Advocate’ has originated from the Latin word
‘advocatus’ which means ‘to call for help’.
There is another word ‘advocare’ in Latin which means ‘to
defend’.
Therefore, the term ‘Advocate’ refers to a person who may
be called ‘for help in legal matters for advice, defense and
pleading’ before a Court or a Tribunal or a Counselor.
Attorney:
Attorney means an Agent.
Earlier Attorney-at-Law used to practice in the superior
courts.
They were authorized to perform both civil and criminal
functions for clients.
They drafted legal documents, gave legal advice and
represented their client before courts.
In 1873, the expression ‘attorney’ was abolished and the
attorneys empowered by law to practice in courts were
designated as Solicitors of the Supreme Court.
Advocate-on-Record:
An Advocate-on-Record practices before Supreme Court.
He has the right to act as well as right to plead.
He must accompany the Senior Advocate for appearance
before the Supreme Court.
An Advocate can become Advocate-on-Record if he fulfils
two basic requirements –
Firstly, he must have undergone minimum one year training
under an Advocate-on-Record having a standing of ten years
or more .
 Secondly, he must have passed the examination conducted
by Court.
 An Advocate-0n-Record must have an office in Delhi
within a radius of 16 Kms. of the Court House and he
must employ a Registered Clerk.
Senior Advocate:
 An Advocate may be designated as Senior Advocate, if
the Supreme Court or a High Court is of the opinion that
by virtue of his ability, standing at the Bar, or special
knowledge, or experience in law, he deserves such
distinction.
 Before conferment of such distinction, the consent of the
concerned is essentially taken.
 A Senior Advocate has right to pre-audience over all
other advocates.
Restrictions on the practice of Senior Advocate:
Senior Advocate can only plead. He cannot act. [‘To plead’ means
to advance arguments in a Court or Tribunal, which a Senior Advocate is competent to do. ‘To
act’ means to file an appearance or any pleading or application in any Court or Tribunal, or to do
any act other than pleading]
Prior to enactment of Advocates Act, 1961, the ‘act’ was
performed by Solicitors and ‘plead’ was performed by
Barristers.
Senior Advocate cannot appear in Supreme Court without
Advocate-on-Record.
Senior Advocate cannot accept instructions and cannot do
drafting or conveyancing work. He cannot advice on
evidence.
Senior Advocate cannot accept directly from a client any
brief or instructions to appear in any Court or Tribunal etc.
Senior Advocate cannot advise on Grounds of Appeal in an
Appellate Court or Supreme Court, except with an
Advocate.
Barrister:
A Barrister is engaged in advocacy – appear and argue
before High Court.
He does not come into direct contact with his client. He
receives instructions from the Solicitor.
Most senior and distinguished Barristers are designated as
King’s (Queen’s) Counsel.
Solicitor:
A Solicitor gives advice to the clients and prepares drafts for
them.
The Solicitor also represents the client in court but in lower
courts only.
Counsel:
The term ‘Counsel’ commonly refers to an Attorney who is
engaged by a party to assist in the preparation and
management of a particular case.
He is essentially an Attorney or a Lawyer or an Advocate.
He is licensed to practice law. His job is to offer his advice
and guidance in legal matters.
Jurist:
Jurist is a person who studies, organizes and teaches law.
He often works at Universities.
Legal Professionals appointed by Government:
i) Attorney-General:
He is the Chief Legal Advisor and primary lawyer of Govt.
of India.
He gives advice on the legal matters referred to him by the President.
He also represents the Government of India in Supreme Court.
He performs all other duties of legal character, which are assigned to
him by the President.
Term – pleasure of the President of India and can take part in the
proceedings of both the Houses of Parliament.
ii) Solicitor-General:
The Solicitor General is the secondary Law Officer of the Country,
primary being the Attorney General.
Not constitutional post – and are merely statutory- for term of three
years, assists Solicitor General.
Appointments Committee of the Cabinet(ACC) recommends the
appointment and the President officially appoints the Solicitor
General.
iii) Advocate-General:
An Advocate General is appointed in each State.
He is the supreme Law Officer of the State
Under Article 177 he is conferred the right to audience before
the Legislature of a State both in the Assembly and the
Council.
He is treated on par with Minister.
iv) Government Pleader:
He makes appearance on behalf of State Government.
He argues matters on behalf of the Government.
v) Public Prosecutor:
Appointed by the Central or State Government.
Legal Professionals Entrusted With Special Responsibility:
Amicus Curiae:
In Latin, ‘Amicus’ means ‘a friend’ and ‘Curie’ means ‘of the
Court’.
Notary: To authenticate the documents, - authorized officer to
administer oath and make affidavits.
Art of Advocacy:
Justice Abbot Parry: Seven lamps of advocacy – honesty;
courage; industry; wit; eloquence; judgment and
fellowship.
Mannerism also plays important role in getting success in
the legal profession. He should not interrupt the judge
when he speaks.
Soft, decent and fair dealings with the clients make a
lawyer popular amongst the clients.
Preparation and presentation of case is an art – events
should be arranged and noted down in the order of dates.
The events should be arranged and noted down in the order of
dates.
The relevant documents should also be studied carefully.
Citing the minimum but relevant cases is considered.
For preparing the arguments, the advocate is required to
have full knowledge of pleadings of the parties and also
the full knowledge of the contents of the documents.
For this purpose the provisions of the CPC, Cr.PC and
Evidence Act should be studied thoroughly.
In arguing a case, strongest points should be
emphasized and the weak point, as far as possible,
should not be raised in such a way as to attract the court.
Even the strong points of the opponent should be
gathered and he should prepare the argument in such
a way as to meet them and prove them as insignificant
in relation to the decision under appeal.
Maintenance of big library, good staff and knowledge of
the use of computer etc. are also helpful.
An advocate should have good chamber and office so that
he may have reasonable contact with his clients.
He should be very quick in communicating relevant
information to his client.
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