The Indian legal system
India has the second-largest legal profession in the world, with more than
600,000. Most service providers are independent contractors or small,
family-owned companies. The majority of businesses deal with domestic legal
issues and do business in line with the country's adversarial judicial system.
Legal services were conceptualised as a "noble profession," rather than as
services, which resulted in the development of a stringent regulatory framework.
The judiciary has backed these ideas, stating that "Law is not a trade, not
briefs, not merchandise, and the heaven of commercial competition should not vulgarise the legal profession." These regulations are justified by public
policy and "dignity of profession." The Madras High Court determined that, in
light of Section 3 of the Consumer Protection Act, 1986, consumer redressal
forums have the authority to handle complaints against solicitors in Srinath V.
Union of India
(AIR 1996 Mad 427).
However, courts have determined over time
that "Legal Service" is a "service" provided to clients and that, in the event
of a service deficiency, solicitors are responsible to their clients. The
Competition Act of 2002's Section 2(U) defines "Service" in accordance with the
Consumer Protection Act of 1986. As a result, it may be claimed that legal
services are now governed by trade-related laws, where market forces and
consumerism should have full freedom.
The legal profession is evolving
As a result of globalisation, which has expanded country engagement and access
to home economies, international trade has experienced a revolution. The legal
services sector has seen both quantitative and qualitative repercussions as a
result of the same. Over the past 10 years, the corporate legal sector has been
subject to more legal impact than the rest of the legal services industry
Before the 1990s, there were "barely any activities in corporate
taxation, infrastructure contracts, corporate governance, and investment
legislation," as well as in project finance, intellectual property protection,
and environmental protection. There weren't many law firms that could handle
this kind of work. It is obvious that there is a great need for professional
services in the legal services sector.
Over the past several years, the
competence of law firms, in-house organisations, and individual solicitors in
providing legal services to the corporate sector has grown. These new law firms
concentrate on drafting loan agreements, contracts for infrastructure and
electricity, agreements for project finance, joint ventures, and technology
transfers, as well as agreements for international investments.
There has been a
distinct shift in the mindset of the expanding legal sectors towards adopting ADRS to resolve disputes rather than aggressive litigation. As a result, there
is a higher need for legal services both domestically and internationally.
Today, legal services are a given. At the same time, crucial for the ongoing
development of India's legal profession in this period of globalisation.
Sector of legal services
The phrase "legal services sector" alludes to a fundamentally different kind of
services from those involved in software development, medicine, or other
professional services. Although it is more or less protected from intrusion due
to the fact that its historic base is taken from conservative and conventional
mind sets that limit the growth of the provision of cross-border services, in
addition to laws and the existence of statutory organisations.
services sector is unavoidably bound by jurisdictional limitations, such as the
requirement of a degree from the country where the service is to be performed,
even on a global scale.
Legal services are divided into many parts, some of
which are subject to specific local considerations and others which are not.
Local factors that are important must be kept in place where they are present;
only exceptions for global market access should be made. Therefore, there is a
need to protect national interests on the one hand, while on the other, "there
is a need to be a part of a global fraternity and to make advantageous
agreements that promote trade in services."
The phrase "Lawyers Professional Ethics to State and Public"
Professional ethics are a collection of rules or guidelines for behaviour that
are established by the members of a profession. Every profession has its own set
of moral standards. Consider writing articles for a newspaper. Professional
ethics dictate that you should have verified the information before publishing
In a word, professional ethics for attorneys in India develop a set
of guidelines that specify how they should conduct themselves in the intensely
dynamic and competitive industry. In India, attorneys are obligated by law to
uphold professional ethics in order to preserve the reputation of their
People are astonished to find that attorneys are required to uphold professional
standards and that they are held accountable for dishonest, negligent, and
unethical activity. The majority of people are also unaware that Indian
attorneys may lose their licence to practise if they are found guilty of
unethical action that denigrates their profession. A lawyer must follow the
"rules of the profession" in order to serve his client properly and protect the
integrity of the legal profession.
The topic of "Lawyers and Ethics"Honesty
Non-lawyers frequently use the strong statement "Lawyers are liars" to denounce
lawyers or law students. The chance that what the ordinary person assumes to be
untrue may not truly be one must be discounted, though. Lawyers, on the other
hand, are seen as trustworthy individuals since they have a fiduciary obligation
to represent the interests of their clients. Being honest and straightforward
means that you won't be taken in by lies, dishonesty, cheating, or any other
unethical or unlawful behaviour. That would be seen as professional malpractice
if it happened.
There is no denying the relationship between bravery and honesty. A
sophisticated and current grasp of the law, as well as outspokenness and other
qualities of truthfulness, will strengthen the capacity to stay strong and
fearless in the face of hardship and pain.
The refined component of critical
thinking, persuasive writing, and communication is bravery. Successful and
effective advocates combine great work ethics with consideration. An advocate
cannot see oneself as an expert until they have the courage, regardless of how
gifted and goal-oriented they are.
The term "lamp of judgement" describes the process of extensively investigating
the present circumstance before rendering an informed judgement on it. An
advocate should take into account all possible arguments since doing so will
help him understand the case's ramifications. By understanding the issue from
all sides, the proponents are aware of its benefits and drawbacks. It allows him
to anticipate problems and use his other lobbying strategies to resolve them.
Fellowship is one of the most important advocacy torches. An advocate must
remain friendly with his colleagues. A supporter of the cause who presents an
argument does so in contrast to another supporter of the cause. But they are not
at odds with one another because of this; rather, they are just debating the
merits of fairness.
Once the courtroom argument is ended, the advocate should
show respect to the opposing advocate. Even when arguing their position, a
courtroom advocate should show respect for the opposing counsel. They are not
attacking each other since the conflict is purely about justice.
Even if an advocate lost the case after the case decision, he ought to show
gratitude to the counsel who prevails. It is against professional ethics for an
advocate to engage in combat with each and every opposing advocate in the case,
since this will turn them all against the advocate.
The duty of an advocate to the profession is to speak well of it, to conduct
himself in a way that inspires respect and empathy, and to seek to protect the
honour and dignity of the profession. It is forbidden for an advocate to discuss
a case or an appeal, distract attention, or make job recommendations.
advocate is not permitted to find clients by using middlemen. An advocate is not
permitted to operate a second business or to hold a full-time salaried position
with any corporation, enterprise, or institution.
An attorney can act as a
referee or arbitrator. A lawyer cannot serve as a witness or appear in public
while wearing a uniform, robes, or gown. He should be fair to his adversary. He
shouldn't start using derogatory language. He ought to show respect to his
Lawyers' Breach of Professional Ethics
Members in this profession have a responsibility to fight for the rights of
their customers while refusing to tolerate dishonesty and corruption. The
legitimacy and reputation of the profession are determined by how its members
conduct themselves. It shows how closely connected the Bar and the Bench are.
Those who have a large lot of obligation imposed upon them by virtue of working
in the most credible and reliable profession in society. Dishonourable or
dishonourable activity that is unbecoming of an advocate is referred to as
professional misconduct. Chapter V of the 1961 Advocate Act addresses the
conduct of advocates. It describes clauses relating to penalties for ethical
infractions and other offences.
The Advocate Act of 1961's section 35(1) is
applicable in this case, according to the proviso. This proviso states that if
the State Bar Council receives a complaint or for any other reason has cause to
believe that any advocate listed on its register has participated in
professional or other misconduct, it must refer the case to its disciplinary
committee for determination.
The next section goes into further information
about the provisions. Generally speaking, the legal profession is a pleasurable, honourable, and pure vocation rather than a trade or business. Members in this
profession have a responsibility to fight for the rights of their customers
while refusing to tolerate dishonesty and corruption. The legitimacy and
reputation of the profession are determined by how its members conduct
It shows how closely connected the Bar and the Bench are. Those who
have a large lot of obligation imposed upon them by virtue of working in the
most credible and reliable profession in society. The Advocates Act of 1961 and
the Indian Bar Council do not give a precise definition of professional
misconduct because of the Act's scope, but the Act does require disciplinary
action when a member of the profession's actions endanger the reputation or
credibility of the profession.
What is the recommended code of behaviour for an advocate?
It is required to abide by a strict code of ethics set forth in the bar council
No soliciting or advertising: Soliciting or advertising work is against the
advocate's code of ethics and is improper on the advocate's part. Direct or
indirect advertising is prohibited. An advocate is not allowed to market his
services by unapproved personal correspondence, touts, circulars, ads, or
The following indirect marketing techniques are also not allowed:
- Publishing circulars or election manifestos with a lawyer's name,
profession, and address on them, thereby appealing to the members of the
profession practising in lower courts who are able to recommend clients to
counsel practising in the HC.
- Employing solicitors who represent clients in lower courts directly by
visiting the province or sending his clerk or representatives to the several
regions to canvass for votes.
A signboard or nameplate for an
advocate should also be of a decent size. It shouldn't refer to the advocate's
associations, such as the fact that he is or has served in the role of bar
council president, is a member of an organisation, has served as a judge or an
advocate general, specialises in a particular line of work, or is or was
associated with a particular person, group, cause, or issue. not charge anybody
for training in order to make them eligible for enrollment; An advocate is not
allowed to charge anyone for training in order to make them eligible for
Not associate with or use name or professional services for any
unlicensed legal practise by a lay agency. An advocate is not authorised to use
his name or professional services for any unlicensed legal practise by a lay
Not enter appearance without prior counsel's approval:
A lawyer cannot
enter a case in which a party has previously employed another lawyer without
that lawyer's approval beforehand. The counsel must explain why such consent was
not given in that case, and they are only permitted to reappear with the court's
Duty to opposing party:
A lawyer has a responsibility to act fairly in all
circumstances of a case, especially with respect to his client, the court, and
the opposition. Only via the advocate for the opposite side may an advocate for
one party communicate or negotiate with the other parties on the subject under
An advocate must uphold any reasonable promises he made to the
opposing side, even if they weren't given in writing or weren't legally binding.
An advocate has a duty to uphold his client's interests with courage and honour,
regardless of any potential consequences for himself or others, because the
relationship between a lawyer and a client is particularly fiduciary.
Procedure Was Followed Following The Notice Of Professional Misconduct
Misconduct Is Contempt Of Court
- If the State Bar Council has cause to believe that an advocate has engaged in "professional or other misconduct," it may take disciplinary action against him "upon receipt of a complaint against him (or suo motu)" in order to exercise the authority granted to it by Section 35 of Chapter V, "Conduct of Advocates."
- The terms "legal misconduct" and "misconduct" are not defined under Section 35 or any other part of the Act.
- The Disciplinary Committee of the State Bar Council is authorized to impose punishment, including removing the offending advocate's name from the Bar Council's rolls and suspending him from practice for a period of time deemed appropriate by it.
- "The Act requires the Disciplinary Committee to 'afford an opportunity of hearing' (see Section 35), but it does not specify the proscribed procedure.
- Instructions on how to carry out an investigation under Section 35 are included in Part VII of the Bar Council of India Rules2, which were drafted in compliance with Section 60 of the Act.
- The Disciplinary Committee must consult with all parties involved, including the complainant, the concerned advocate, and the Attorney General, the Solicitor General, or the Advocate General, according to Rule 8(1) of the aforementioned Rules. If oral testimony is found appropriate, it also requires that the civil trial method be followed as nearly as is possible.
In the recent case of B, the Delhi High Court's Court of Its Own was invoked by
the court in a number of judgements. Noting that it had been accorded the full
authority granted to a court exercising contempt jurisdiction, M. Verma v.
Uttrakhand Regulatory Commission
. It was stated in Motion v. State
 that a
"trivial misdemeanour would not warrant contempt action" because "given the wide
powers available with a Court exercising contempt jurisdiction, it cannot afford
to be hypersensitive."
It is even more crucial to use caution because, as the
Supreme Court stated in SC Bar Association v. Union of India
, the court serves
as the jury, the judge, and the executior. It was emphasised in M.R. Parashar H.
L. Sehgal that the court also acts as the prosecutor. In Anil Kumar Sarkar v.
Hirak Ghosh, this is reaffirmed. In the divisive and important case of R.K.
Ananad vs. Registrar of Delhi
HC facts: On May 30, 2007, the TV news channel NDTV aired a segment regarding a sting operation.
A Division Bench of this Court
registered a writ petition on May 31, 2007, and on its own initiative ordered
the Registrar General to compile any materials that might be available in
relation to the telecast. It also ordered NDTV to preserve the original
material, including the CD/video pertaining to the sting operation. The story
focused on the roles of the Special Public Prosecutor and defence attorney in
the ongoing Sessions trial for what is known as the "BMW case
need to determine whether Mr. Sri Bhagwan Sharma, "Mr. Senior solicitors R.K.
Anand and Mr. I.U. Khan have violated the court's criminal contempt rules. In
the current BMW case, it was noticed that, at the at least, their acts and
behaviour seemed to be driven by a desire to impede the administration of
justice and, more particularly, a desire to have an influence on the outcomes of
the ongoing legal procedures.
In order to exercise the authority afforded by
Article 215 of the Constitution, Mr. Anand, Mr. Khan, and Mr. Sri Bhagwan Sharma
were requested to provide reasons as to why they should not be penalised in line
with Section 2(c) of the Contempt of Courts Act, 1972.
According to the
court, the structure of courts fosters awe and respect for the rule of law and
the administration of justice. The system for administering justice in line with
the law is controlled by the court. During court hearings, a civilised and
orderly atmosphere is always expected.
The very sight of a lawyer who had just
been found in contempt of court arguing a case or cross-examining a witness on
the same day, unaffected by the disrespectful behaviour he displayed towards the
court, would diminish and even corrode the majesty of the court while also
undermining the public's confidence in the efficiency of the judicial system.
This demands that the HC be granted the power to establish regulations that
would control courtroom procedures, including the conduct of the attorneys. It
is important to distinguish between this power and the capacity to practise law.
The court came to the conclusion that a malefactor who is an advocate's conduct
and acts may represent a genuine and immediate threat to the integrity of court
proceedings, which is crucial to any court's administration, in addition to
being a substantive offence, contempt of court, and professional misconduct. In
this case, the court has both the right and the obligation to defend itself.
Therefore, it has the authority to keep the criminal from showing up in court
for the required period of time. There was no need to present proof of the
correctness and integrity of the electronic materials as the sting recordings'
contents were admitted in the current case. In the end, the SC upheld the High
Court's judgement that Anand was convicted of the same charge. I U Khan, on the
other hand, was released by the SC after being found guilty by the HC.
Behaviour As Misconduct
Vinay Chandra Mishra in re facts: After being questioned in court, a senior
attorney yelled at the judge in this case and said that no questions should have
been permitted to be asked of him. He promised to pursue an impeachment petition
against the judge or have the judge removed. He claimed to have embarrassed
numerous judges and put on a good show in court. He asked the judge to follow
the protocol of this Court.
He meant to convey that admission is viewed as a
course and that at this time, objections are not taken into account. However,
this crime affected the institution as a whole in addition to violating this
institution's judge. What will happen to this institution if the dignity of the
judiciary is not preserved. In a letter, the competent judge alerted India's top
justice of the situation. An order to show cause was handed to him.
Did the lawyer engage in unethical behaviour? is found guilty of the offence of
criminal contempt of court for interfering with and impeding the administration
of justice by making threats, using abusive language, and trying to intimidate,
overwhelm, and overpower the court. He was adjudged responsible for the
The contestant holds notable positions, including
President of the U.P., and is a senior member of the bar. His attitude would
undoubtedly spread to other bar members across the country because he is the
Chairman of the Bar Council of India and the HC Bar Association in Allahabad. As
a result, we think he ought to get a severe punishment. In light of the
aforementioned, the defendant Vinay Chandra Mishra is hereby sentenced to three
years of suspension of the attorney-client privilege and six weeks of simple
Request For Professional Work:
The Rajendra V. Pa vs. Alex Fernandes and Ors
. court found that as permanent
career bans are serious sanctions, they must be implemented with caution and judgement. Without a doubt, situations of proven professional misconduct must be
handled seriously, and advocates in particular must uphold high standards of
probity and morality in their professional lives.
But we are adamant that the
sentence meted out to the appellant in light of all the relevant facts and
circumstances is so excessive as to disturb the Court's conscience. Except for
the incident that formed the foundation of the accusation against the appellant,
there doesn't appear to have been any other situations in which he may have
defaulted or acted illegally.
There is no doubt that the appellant should not
have participated in the filing or defence of a lawsuit in which he had a
personal interest given that his family's property was at issue.
Breach "Of Trust By Misappropriating The Asset Of Client"
Using these details as evidence, the court ruled in Baiju v. Harish Chandra
Tiwari that the appellant, Harish Chandra Tiwari, had been admitted as an
advocate with the State of Uttar Pradesh's Bar Council in May 1982 and had since
been actively practising law, primarily in the Lakhimpur Kheri District of Uttar
Pradesh. Respondent Baiju engaged the negligent attorney in a property
acquisition case where the respondent was a compensation claimant.
filed compensation in the sum of Rs. 8118 in the court for the acquisition of
the aforementioned Baiju's land, and the Disciplinary Committee described the
respondent as "an old, helpless, poor illiterate person."
In response to the
court's instructions, the appellant sought the money's release, and on September
9, 1987, he withdrew it. He didn't tell the client that the money had been
received or give it back to the customer to whom it was owed. He filed a
complaint with the State's Bar Council in an effort to have the appellant
subject to proper disciplinary action long after the client knew of it and after
the advocate had failed to reimburse the money.
The court determined that
among the several forms of misconduct anticipated for a lawyer, stealing from a
client's money must be one of the most serious offences. Depending on the
situation, the lawyer may need to receive money from the client to deposit in
court, accept money from the court that is due to the client, or collect money
from the client to pay litigation costs.
In either of these scenarios, it is a
trust when the client's money enters his possession. A public employee who
embezzles money is subject to a term of at least one year in jail, according the
existing Prevention of Corruption Act. He'll surely lose his job, that much is
certain. If an attorney takes money from a client, there is no justification for
downgrading the severity of the offence.
If the theft only lasted for a little
period of time, perhaps the impact of such a breach of trust would be minimised.
The delinquent advocate's term can be reduced if they paid it back before the
disciplinary process started.
Misconduct; Informing About Bribe
The court supported the bar council of India's ruling dated July 31, 1999 in the
case of Hanuman Das Khatry v. Shambhu Ram Yadav,
 which ruled that since the
appellant had been a lawyer for 50 years, it was unreasonable to anticipate that
he would engage in judicial corruption or provide bribes to judges. The
appellant acknowledged asking his client for Rs. 10,000, and he verbally claimed
that an order was afterwards issued in the client's favour.
He wrote the
aforementioned letter, and as a result, he is totally incapable of practising
law. He should be struck off the list of solicitors kept by the Bar since there
is no less severe punishment that we can administer than permanently banning him
from the field. No tribunal, court, or other body will longer allow the
appellant to present in person.
The appellant must pay a fee of Rs. 5,000 to the
Bar Council of India within two months, per the court's ruling. In conclusion,
lawyers serve a very important role in society. Since they are a part of the
system for delivering justice, they are widely admired and respected in society.
Everyone in society is expected to adhere to a defined set of moral principles
that apply to all individuals.
After deciding that lawyers' professional conduct violations were unacceptable,
the Supreme Court on Monday accepted an apology from a group of lawyers to spare
them from serving six months in jail for insulting a Faridabad judge in open
court in 1999. Senior attorney Ram Jethmalani's arguments�the attorneys'
heartfelt apologies to the high court and to the trial court judge, as well as
their commitment to never repeating the behavior�were what stopped the errant
Although the apologies were accepted by a bench consisting of Justices P
Sathasivam and B S Chauhan, the legal community perceived it as a harsh yet
distressed waming. It claimed that since lawyers' duties were on par with
judges', society owed it to them to preserve moral norms.
A lawyer should treat the court, his fellow attorneys, and the plaintiffs with
dignity, according to Justice Sathasivam, who penned the bench's decision. Any
violation of the rules of professional ethics by an advocate is unpleasant and
unacceptable. Ignoring even minor infractions of misbehaviour works against the
fundamental principles of the legal system
Because the bench stated that "acceptance of an apology from a contemnor should
only be that of an exception and not that of a rule in cases of contempt of
court," the Faridabad attorneys should consider themselves fortunate to have
avoided punishment for their outrageous conduct.
- Indian Advocates Act of 1971, Sanjeev Rao.
- Indian Legal History by M.P. Jain, Chapter on the Legal Profession.
- The Book on Advocacy by Krishna Murthy Iyer.
- The 1971 Act Against Contempt of Court.
- Journal of the Indian Bar Council.
- Client Counselling for Tomorrow: Principal Articles, available at www.vpmthane.org/law.
- 2008 DLT 695
- (1998) 4 SCC 409
- (2002) 4 SCC 21
- (2009) 8 SCC 106
- (1995) 2 SCC 584
- AIR 2002 SC 1808
- (2001) 6 SCC 1. 165