Professional Documents
Culture Documents
Prepared by:
Shrabani Acharya
PhD Scholar, National Law University Odisha,
BBA LLB (Honours), 2013-2018batch, National Law University Odisha,
Cleared Odisha Judicial Service, 2018, Rank 18,
LL. M (Criminal and Securities Law), 2020-2021 batch, KIIT School of Law, Kalinga Institute of Industrial
Technology, Deemed to be University, Bhubaneswar, Odisha.
Disciplining the Lawyers : Law and
Professional Ethics by G. Geetisha
Lawyer's profession has been regarded as an honourable or noble profession
by the world for several centuries.
It is through adherence to highest standards of professional ethics that the
stature of the Bar can be enhanced.
Unless the lawyer observes the highest standards of professional ethics he
cannot earn the respect of the community nor do his peers in the profession
accept him as an outstanding lawyer.
If people lose confidence in the profession on account of the deviant ways of
some of its members, it is not only the profession which will suffer but also
the administration of justice as a whole.
When the entry into the profession is regulated, internal discipline is ensured
and the very conduct of its members is regulated by a set of rules called
professional ethics. These set of rules take care of disciplining and even
removing its members from the profession
contd…
Professional ethics ensure that rights of the lawyers are also to be protected.
This is because unless and until their rights are protected and certain
professional privileges are given, they cannot fairly and fearlessly discharge
their responsibilities.
These can be achieved only through an organised Bar.
Even though India has an organised Bar and disciplinary authorities to
regulate the profession we cannot run away from the reality that the
reputation of the Bar is today at its lowest ebb.
There are many reasons for the same.
The main reason is the deviant behaviour from the accepted standards of
professional ethics. But this deviant behaviour is mostly due to actual
ignorance of ethical requirements.
Professional misbehaviour can be minimized through self-policing and legal
education.
The Bar Associations and the Bar Councils through its disciplinary committees
have great responsibility in preserving the nobility and honour of the
profession.
Professional Ethics: Nature and
Scope
Ethics is essentially a moral science. It is that branch of philosophy, which is
only concerned with human character and conduct.
What may be legally wrong may be ethically right and vice versa.
Eg abortion is legally wrong but a rape victim may be allowed to abort on
ethical grounds.
professionally right.
Need for an Enforcement Machinery — Court or
Self-Regulation ?
The enforcement of regulatory controls for the legal
profession may be divided into many categories:
1)Disciplinary controls (traditional selfregulation);
2) Liability controls (negligence etc.);
3) Institutional controls (enforced by courts and state
administrative agencies on lawyers who practice before
them); and,
4) Legislative controls (enforced by a special independent
regulator or commission or even by the Government).
Professional Self-Regulation
Professional status, public trust and confidence in the standards of the profession
are the essential elements of any profession.
In the case of legal profession there is an equally essential element, which must be
added namely the element of independence. All these elements adding to the
status, mobility and respect of the profession are essential for the concept of self
regulation.
The traditional approach to the lawyers' ethics institutionalises lawyers' autonomy.
Firstly, the regulation of legal ethics adopts a self- regulatory model.' This may be
through Bar Associations, within law firms and lawyers' chambers or using the rules
of court.''
Self-regulation allowed the profession to remain independent of Government so
that lawyers could defend individuals against the state whereever necessary without
bias or fear of reprisal.
Secondly, the traditional ethical theory of lawyers' role in society is one of isolation
from the general community ethics and values. The only consideration that dilute
the duty to the client are the overriding duties to neither break the law, nor breach
the lawyers' duty to the court.
These overriding duties have been interpreted weakly by courts and disciplinary
authorities, and have rarely been applied except when a lawyer is actively dishonest
to the profession
Disciplinary Jurisdiction
Once a person enters into the profession, under the traditional model, he is
assumed to be competent and capable of giving legal service. The regulations then
focus its attention on the standards of character.
He is punished for his professional or other misconducts. Thus traditional self-
regulation is disciplinary in nature and usually has no role to play in resolving
disputes with clients about competence or standards of service.
This is despite the fact that the vast majority of complaints about lawyers concern
poor service. These complaints were not even investigated by disciplinary
authorities until recently.
Thus in N.G.Dastane v. Shrikant S. Shivde, the High Court observed:"When the Bar
Council in its wider scope of supervision over the conduct of advocates in their
professional duties comes across any instance of such misconduct, it is the duty of
the Bar Council concerned to refer the matter to its Disciplinary Committee.
The expression "reason to believe" is employed in Section 35 of the Act only for the
limited purpose of using it as a filter for excluding frivolous complaints against
advocates.
If the complaint is genuine and if the complaint is not lodged with the sole purpose
of harassing an advocate or if it is not actuated by malafides, the Bar Council has a
statutory duty to forward the complaint to the Disciplinary Committee."
Difference between Law and Ethics
Law:
Meaning-The law refers to a systematic body of rules that governs the whole society and the
actions of its individual members.
What is it?-Set of rules and regulations
Governed by- Government.
Expression-Expressed and published in writing.
Violation-Violation of law is not permissible which may result in punishment like imprisonment
or fine or both.
Objective-Law is created with an intent to maintain social order and peace in the society and
provide protection to all the citizens.
Binding-Law has a legal binding.
Ethics:
Meaning-Ethics is a branch of moral philosophy that guides people about the basic human
conduct.
What is it?-Set of guidelines
Governed by-Individual, Legal and Professional norms
Expression-They are abstract.
Violation-There is no punishment for violation of ethics. But for violation of Professional ethics
there is certain pnalties and fines.
Objective-Ethics are made to help people to decide what is right or wrong and how to act.
Binding-Ethics do not have a binding nature.
Code of Ethics Examples: From
Personal to Professional
The Legal Profession
Lawyers, paralegals and other employees of the legal profession are bound to a general
code of ethics. A few of these governing ethics include:
Trust - Doctors must instill a sense of trust between themselves and their patients.
Do No Harm - Doctors cannot engage in any activity that would cause harm to their
patients.
Privacy - Doctors cannot share the details of their patients' medical treatments or
histories without permission.
contd...
The Business World
Corporations and business sectors have code of ethics to help workers decide if certain
behaviors are appropriate and acceptable when dealing with clients and outside agencies.
Many organizations require employees to attend yearly training on ethics and, in some cases,
to sign statements promising to adhere to all ethical guidelines laid out by the company.
Examples of ethics in the business world include:
Integrity - Employees should maintain honesty and clear communication in the workplace.
Teamwork - Members of a professional organization should work together to get the job
done.
Objectivity - Employers should not make career decisions based on whom they like best or
with whom they have personal relationships.
Teachers and Education
Teachers and other education professionals are role models to their students. Their code of
ethics not only protects their students against mistreatment, but it also protects their sense
of fairness itself. Some code of ethics examples in education include:
applied.
2. Law must always be promulgated, i.e they must be communicated to the
manner.
Retrospective application of law should only be permitted on rare occasions
depending
upon exogenous circumstances.
4. There should be clarity in law.
according to Fuller, as the individuals are spared of the changes that they are
otherwise subjected to in case frequent alteration of laws.
8. According to Fuller, for a law to attain its objectives, it must satisfy the
“Positivism and the Separation of Law and Morals” which got published in
the Harvard Law Review in 1958. The reply was given by Fuller in his
article titled “Positivism and Fidelity to Law: A reply to Prof. Hart” which
also got published in the Harvard Law Review in 1958.
This marked the beginning of the famous debate that took place between
them.
https://www.legalbites.in/professional-ethics-seven-lamps-of-advocacy/
ETHICS IN JOURNALISM
'Ethics' implies the norms which a journalist must uphold and cherish in order to keep
the integrity and the sanctity of the profession intact.
Journalists like other citizens, are governed by all the laws of the land. In the profession
of journalism, as in other professions, there is a sizeable area of activity which remains
out of the domain of law and must be governed by a profesional code of ethics.
In order to Carry the message effectively, and to maintain the credibility of his/her
newspaper or magazine, a journalist has to disseminate news and views in accordance
with established norms and traditions of the society.
Today it is no secret that newsmen are being threatened and coerced and they are
being even physically eliminated.
Despite all the provocations and dangers, journalists must function strictly within the
framework of ethical norms. Some of the well accepted ethical norms are as follows:-
a) Accuracy and Fairness : A journalist must inform, and comment on matters of public
interest, in a fair, accurate unbiased'and decent manner. Inaccuracy and personal
remarks should always be avoided.
b) Prepublication Verification : Verification and checking of news before publication is
all the more necessary where its publication, and the comments based thereon, can
create complications.
c) Caution Against Defamatory Writings : Newspapers should not publish anything
which is per se defamatory or libellous against any individual or organi,sation, unless
after due care and checking, they have sufficient reason to believe that it is true and
that its publication will be for public good.
contd...
d) .Privacy : 1ntrusion or Invasion on the privacy of individuals is not permissible
unless outrweighed by genuine overriding public interest. While publishing names
or pictures'of victims of sex crimes, great caution should be exercised. . .
e) Eschew Suggestive Guilt : Newspapers should eschew suggestive guilt by
association. They should not name or i.dentify the family or relatives or associates
of a person convicted or accused of a crime when they are totally innocent and a
reference to them is not relevant to the matter reported.
f) Corrections : When any factual error or mistake is detected or confirmed, the
newspaper should publish the correction promptly, with due prominence and with
an apology or expression of regret in a case of serious lapse. He should also give
due weightage to the right of reply and to the letters to the Editor.
g) Communal Reports : Proper verification must be done before publishing reports
regarding communal clashes or disputes. The report should not vitiate the
situation. Instead it should aim at soothing the ruffled feelings.
h) Sensational Headings : Sensational headings should be avoided. Headlines
should conform to the contents of news stories. They should be clear,
unambiguous and authentic.
i) Eschew Vulgarity and Obscenity : Obscene and vulgar items should be done
away with as these offend the public's good taste. Also, never glorify violence.
j) Avoid Crass Commercialism : In order to make profits, a newspaper should not
throw the ethics and journalistic values to the winds. Instead, it should try to
create a suitable equilibrium between objectivity and commercialism.
k) Avoid Caste, Religion or Community Disclosures : In general, a newspaper
should ,not identify a person with his caste, religion or community
Ethics in Business Management
The Principles of business ethics developed by well known authorities
like Cantt, J. S.Mill, Herbert Spencer,
Plato, Thomas Garret, Woodrad, Wilson etc are as follows
1. Sacredness of means and ends: The first and most important
principle of business ethics emphasizes that the means and
techniques adopted to serve the business ends must be sacred and
pure. It means that a good end cannot be attained with wrong means,
even if it is beneficial to the society.
2. Not to do any evil: It is unethical to do a major evil to another or to
oneself , whether this evil is a means or an end.
3. Principle of proportionality: This principle suggests that one should
make proper judgment before doing anything so that there is a fair
view taken & others do not suffer from any loss or risk of evils by the
conduct of business.
4. Non co-operation in evils: It clearly pins out that a business should
not co-operate with any one for doing any evil acts.
contd...
5. Co-operation with others: This principles state that business
should help others only in that condition when others deserve help.
6. Publicity: According to W. Wilson, anything that is being done or
to be done, should be brought to the knowledge of everyone. If
everyone knows, none gets opportunity to do an unethical act.
7. Equivalent price: According to W. Wilson, the people are entitled
to get goods equivalent to the value of money that they will pay.
8. Universal value: According to this principle the conduct of
business should be done on the basis of universal values.
9. Human dignity: As per this principle, man should not be treated
as a factor of production and human dignity should be maintained.
10. Non-violence : If businessman hurts the interests and rights of
the society and exploits the consumer by overlooking their
interests this is equivalent to violence and unethical act. - School of
Distance Education