IMPORTANCE OF ETHICS AND INTEGRITY IN LEGAL PROFESSION
Jun. 19, 2020 • anshu sharma
Introduction
Professional ethics contains an ethical code which governs the conduct of the members working in the legal sector. Every lawyer and legal practitioner is required to maintain the honour and dignity of their profession as essential agents of the system of justice. They not only owe an ethical duty towards the court but are also required and expected to deal with other members of legal profession with chivalry and integrity. The rules relating to the professional conduct of these individuals arises out of the duties that they owe towards the court, their clients, their opponents and other advocates. Thus the rules on professional standards that an advocate needs to abide by are mentioned in Chapter II, Part IV of the Bar Council of India Rules. These rules have been provided under section 49(1) (c) of the Advocates Act, 1961. The punishment for default in carrying out these rules is specified under section-35 of The Advocates Act, 1961.
Advocates Act, 1961
The Advocates Act, 1961, under section-49 (1) (c), authorizes the Bar Council of India to create rules for laying the standards of professional conduct and etiquette that needs to be abided by advocates within the jurisdiction. Under this provision, The Bar Council of India has been successful in creating various rules relating to the code of ethics of advocates. As per these rules, an advocate not only owes an ethical duty towards the court but also towards the clients, opponents and their colleagues.
Rules on Advocates Duty towards courts
Act in a dignified manner
During the preceding of a court and also while acting before a court, an advocate is requires to act in a dignified manner and conduct himself with utmost nobility.
Respect the court
An advocate’s primary duty is to respect the court and should always bear in mind that the respect and dignity towards the court of justice is essential for the existence of a free community.
No communication in private
No advocate is allowed to meet a judge in private and discuss the matters relating to pending cases under him or under any other judge. An advocate is prohibits from influencing the decision of a court using unethical and illegal means like coercion, bribery etc.
Appear in proper dress code
A proper dress is a symbol of respect, thus every advocate is required to be present in proper dress code as prescribed by the Bar Council of India Rules during the proceedings of a court and should always look representable.
Not to wear bands or gowns in public places
No advocate is allowed to wear bans or gowns in public except during court proceedings, during ceremonial occasions and at such places as the Bar Council of India or court may prescribe.
No appearance in matters of pecuniary interest
An advocate is not permitted to act or plead in matters involving his own personal financial interests.
No representation as a surety
An advocate should refrain from standing as a surety of his client or from certifying the soundness of a surety that his client for the purpose of a legal proceeding.
Refusal to represent clients who insist on unfair means
An advocate should refuse to represent clients or parties who insist on adopting unfair means and should also not scandalously damage the reputation of the parties on unethical and false grounds during the proceedings.
Not represent the parties of which he is a member
An advocate should not appear in the proceedings of the court for or against any establishment in which he is a member, but this rule is not applicable in the case involving appointment as an ‘Amicus Curiae’ or without a fee on behalf of the Bar Council.
Advocates duty towards the clients
- Once an advocate accepts to engage in a particular case then he cannot withdraw from his services
- An advocate should not appear during the proceedings of the court in which he believes could be a witness
- An advocate should at all times support his/her client by all moral means
- An advocate should not disclose his conversations with his clients to a third party
- An advocate should not suppress any material evidence which is in favour or against his/ her client
- An advocate should not adjust his fees payable to him by his client against his liability to his/her client
- An advocate should make a proper accounts of the amount of fees received by him from his client and adjust the fees incase of cancellation of proceedings
- The advocate should disclose all the facts and circumstances to his client with full honesty
- An advocate should not receive any interest in actionable claim
- Provide copy of accounts to his client
Advocate’s duty towards his opponent counsel
No direct Negotiation with the opponent
An advocate is not allowed to directly communicate with his/her opposite party regarding any matter of the case except through an advocate representing that party.
Fulfil all the legitimate promises made
An advocate should carry out all the legitimate promises made by him/her to the opposite party.
Other duties of Advocate
- An advocate should not advertise or solicit his own work or his colleagues work directly or indirectly
- An advocate should have a sign board of a reasonable size, with only his name and qualification on it
- In any case promote an unauthorised practice of law
- An advocate should not appear in the court using a false degree or false name of his colleague
- An advocate should not accept a fee less than the actual fee which can be taxed under the rules when the client is capable of paying.
- An advocate is not allowed to appear in cases where a memo was filed by an advocate, except with the consent of such advocate or consent of such parties
Advantages of codified professional ethics
- Proper execution of professional activities along with maintaing the ethical standards help in maintaining a balanced social order in the society.
- It helps in uplifting the dignity and honour of the legal profession which helps in maintaining the public trust in the legal system.
- It acts as an instrument of standardization which prevents interference of government in such matters through its agencies.
- It helps in establishing a sense of judgement towards the legal profession.
- It has an educative and appreciable impact on the advocates as well as on common man.
Punishment for Professional Misconduct
Section 35 of the Advocates Act, 1961 deals with the provision relating to the formulation and functioning of the Disciplinary Committee under the State Bar Council.
If any advocate or a legal practitioner is found guilty of professional misconduct then as per Section-35 of The Advocates Act, 1961, he or she will be liable for punishment. Their case will be referred to a disciplinary committee who in turn will fix a date for hearing and issue a notice to the advocate in default.
Then the disciplinary committee of the State Bar Council after hearing both the sides of the parties involved may:
- Dismiss the complaint
- Issue a warning to the advocate
- Suspend the advocate from practice for a certain period of time
- Extract the name of an advocate from the State Roll of Advocates
In the case of Nortanmal Chauaisia v. M.R. Murli[i], the Supreme Court held that the term ‘Misconduct’ has not been defined under the Advocates Act, but the term includes a breach of discipline. Though it is not possible to specify what would lead to misconduct or indiscipline, but the term is wide enough to include wrongful act or omission, whether done intentionally or unintentionally. It also refers to improper behaviour, intentional wrongdoing or deliberate violation of a rule of the standard of behaviour.
In State of Punjab v. Ram Singh[ii], the Court has explained the term “misconduct” in relation with the misconduct of the personnel in the Police Department. The Supreme Court has observed that the term ‘misconduct’ may involve moral turpitude, it must be an improper or wrong behaviour, wilful forbidden act, an offence of established or definite rule of action or code of conduct, but not just a mere error of judgment, carelessness or negligence in performance of duty.
Conclusion
Professional ethics are moral duties, a basic courtesy which every person should follow irrespective of his/her profession. They not only uplift the character of an individual but also play a pivotal role in maintaining the dignity and honour of a profession. Thus it is important to understand that our actions not only affect us but also those around us, therefore it is essential that our actions are ethically and morally upright in order to secure the integrity of our profession.
(Priyana Gupta, Vivekananda Institute of Professional Studies, 2nd year)
References
[i] Nortanmal Chauaisia v. M.R. Murli 2004 AIR SCW 2894
[ii] State of Punjab v. Ram Singh, AIR 1992 SC 2188
iii http://www.barcouncilofindia.org/wp-content/uploads/2010/05/Advocates-Act1961.pdf
iv indiacode.nic.in