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Trending: Call for Papers Volume 3 | Issue 2: International Journal of Advanced Legal Research [ISSN: 2582-7340]

Analysis of Professional Ethics in the Legal Profession with the help of Case Laws

Introduction

As one of the famous saying states “With great power comes great responsibility” and here it is the ‘LAW’ as a profession that instills a great amount of power upon an individual and at the same time puts a greater amount of responsibility on that individual’s shoulder. 

It is a profession that provides for maintaining peace, justice, and order in society and is also sometimes called a jealous mistress. But this is the only profession that demands high ethics, proper organization, systematic approach, structured work, discipline, and punctuality the most.

The legal profession refers to lawyers—their training, licensure, ethical responsibilities, client obligations, and other practice-related matters. The profession is about the zealous, ethical representation of individual clients.

Thus, to maintain such high moral values and ethical standards among the budding legal professionals and advocates an Act was introduced namely, The Advocates Act, 1961. This Act provides a framework and constitution for the Bar Councils of India, All India Bar, and all advocates. It lays down various provisions that govern the enrollment, disbarment, and other procedures relating to an Advocate. This Act contains 60 sections and various provisions such as misconduct by advocates, and punishment for misconduct by advocates that govern the profession.

Case Laws

A vs. R (D.C. Appeal No. 8/1994 IBR 135)

This case dealt with negligence in conducting the case. This case was decided on 8th December 1996. It was held by the Supreme Court that in view of the reasons the D.C. of the B.C.I. dismissed the appeal and upheld the order of the S.B.C. suspending the respondent for a period of 6 months from practice.

C vs. R (BCI Tr. Case No. 104/1990 IBR 155)

This case dealt with negligence in conducting the case and misleading the client. This case was decided on 19th November 1955. It was held by the Supreme Court that in view of the reasons and circumstances, the D.C. of B.C.I. found it proper to suspend the respondent-advocate from practice for a period of six months.

State Bank of India vs. Mrs. S and Co. (BCI Tr. Case No. 14/1980 IBR 264)

This case dealt with vicarious liability for the acts of a partner. This case was decided on 4th March 1989. It was held by the Supreme Court that in view of the reasons the senior partner of the firm was found guilty of serious professional misconduct and was suspended from practice for a period of 5 years. He was also made liable to pay a cost of Rs. 5,000/- to the complainant bank. Other partners of the respondent firm were exonerated of all charges leveled against them.

A vs. R (D.C. Appeal No. 16/1993 IBR 135)

This case dealt with negligence in conducting the case. This case was decided on 5th October 1996. It was held by the Supreme Court that in view of the reasons the D.C. of B.C.I. found no reason to differ with the order and reasons of the D.C. of S.B.C. In the circumstances, the order passed by the S.B.C. was affirmed and the appellant was directed to undergo the punishment imposed by the D.C. of S.B.C. The stay order of the S.B.C. was vacated.

A vs. R (D.C. Appeal No. 20/1994 IBR 193)

This case dealt with the validity of an order of S.B.C. passed after the statutory period of one year. This case was decided on 1st June 1996. It was held, the appeal was partly allowed. The impugned order dated 02.04.1994 passed by Indore Bench of Madhya Pradesh S.B.C. in C.C. No. 67/92 was quashed and set aside. The proceedings of C.C. No. 67/92 were held to have stood transferred to the B.C.I. and it was observed that the B.C.I would proceed further in accordance with the Law.

Conclusion

Hence, in the legal profession following ethics, morals, and code of conduct is of utmost importance. Professional ethics in a courtroom incorporates, act in a dignified manner, respect the court, no communication in private, refuse to act in an illegal manner towards the opposition, refuse to represent clients who insist on unfair means, appear in proper dress code, refuse to appear in front of relations, not to wear bands or gowns in public places, not represent establishments of which he is a member, not appear in matters of pecuniary interest, not to stand as surety for the client, etc. No individual can enter and stick to this field of study until and unless that individual does not follow discipline in his lifestyle and is not a man of true principles & words.

References

https://www.studocu.com/in/document/karnataka-state-law-university/llb-3-years/lecture-notes/50-opinions-bci/4958157/view
https://www.investopedia.com/terms/v/vicarious-liability.asp#:~:text=Vicarious%20liability%20is%20a%20situation,own%20share%20of%20the%20liability
https://www.pathlegal.in/Code-on-Professional-Ethics-of-Lawyers-in-India-blog-2086777
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Author: Sneha Mahawar Ramaiah Institute of Legal Studies.

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