Professional Ethics means a set of code of rules for an aspiring lawyer to observe. Professional Ethics regulates the conduct and behavior of a practicing lawyer. It contains codes of conduct a practicing lawyer should have towards himself, his client, his opposite party, and obviously towards the court. Ethics generally means principles of behavior that should be standards of morals for a lawyer. Professional Ethics should be considered as a base for any profession. It basically consists of fundamental values on which profession has been built.
Legal Ethics is one of the essential part in a professional ethics which lays down certain duties for its members to observe and follow. Legal Ethics are said to be set of rules and regulations which has to be practiced and which will determine the professional conduct of the lawyers. A lawyer in order to have a stable growth needs to observe these codes of ethics. This code of conduct is important for maintaining the dignity of the legal profession. Development of cordial relationship between each and everyone connected to legal profession depends on proper practice of these set of regulations.
Code of Professional Responsibility
The code of professional responsibility consists of 3 parts which are interrelated to each other.
They are i. Canon, ii. Ethical Consideration, iii. Disciplinary Rules.
- Canon.Canon means a generally accepted rule, standard or principle by which something is judged. It means that a lawyer shall uphold the constitution. He should obey the laws of the land and promote respect for law and legal processes. A lawyer should abstain from engaging in any kind of dishonest, immoral, unlawful and deceitful conduct.
- Ethical Consideration. Ethical Consideration is an accumulation of values and principles that address the question of what is good or bad in a legal profession. Legal Ethical Consideration includes the factors of confidentiality, informed consent, anonymity, no harm, voluntary participation, and assess to relevant components only.
- Disciplinary Rule.Disciplinary Rule is a mandatory regulation. It states the minimum level of professional conduct that a professional must sustain in order to avoid being subject to any disciplinary action. Disciplinary Rules are required for promoting fairness and consistency in treatment of individuals.
Code of Conduct Prescribed for Advocates
Advocates Act, 1961 is an act to amend and consolidate the law relating to the legal practitioners. It also provides guidelines for the establishments of Bar Councils and All-India Bar. The AdvocatesAct, 1961 is a revised version of the Indian Bar Council Act, 1926. Various duties are prescribed for the advocates in it which are given,
- No Advertising and Soliciting of work.
- Not to demand fees for training.
- Not to enter appearance without consent of the advocate already engaged.
- Not to use name or services for unauthorized practices.
Chapter II, Part IV of the Bar Council of India mentions rules on the professional standards that an advocate needs to follow. These rules are placed under Section 49(1)(c) of the Advocates Act, 1961.
Rules on an Advocate’s duty towards the court, towards the client, towards the opponents and towards the fellow Advocates are prescribed there. The way an Advocate is bound to behave, the do’s and don’ts, the standards an Advocate have to follow, each and every regulation is mentioned appropriately.
Some of them are given below,
- Rules on an Advocate’s Duty towards the Court:
- An Advocate should act in a dignified manner.
- An Advocate should respect the Court.
- An Advocate should refuse to act in an illegal manner towards the opposition.
- An Advocate should always appear in a proper dress code.
- An Advocate should not appear in any matters related to pecuniary interest, etc.
- Rules on an Advocate’s Duty towards the Clients:
- An Advocate is bound to accept briefs.
- An Advocate should not withdraw from service.
- An Advocate should uphold interest of the Client.
- An Advocate should not charge depending on success of matters.
- An Advocate should not suppress material or evidence, etc.
- Rules on an Advocate’s Duty towards the Opponents:
- Advocate should not negotiate directly with opposing party.
- An Advocate should carry out legitimate promises made.
- Rules on an Advocate’s Duty towards the fellow Advocates:
- An Advocate should not advertise or solicit work.
- An Advocate’s sign-board and name-plate should be of a reasonable size and must be decent.
- An Advocate should not promote unauthorized practice of law.
- An Advocate shall not accept a fess less than the fee, which can be taxed under rules when the client is able to pay more, etc.
The legal profession is a profession of great honor. It has been created for public good and not for private gain. It is a branch of administration of justice. The legal profession is not a business. It has been created for public good. Subsequently ethics transform into regard for and acquiescence tp the law and legal authorities. Legal Profession is a very noble profession. It is the duty of every practicing and upcoming lawyers to maintain its dignity and respect the profession. They are responsible for keeping the legal profession pure and making it always helpful for the people. Professional Ethis should be observed by all practicing lawyers in order to become successful.
I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.
If you are interested in participating in the same, do let me know.
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