UNIT WISE SYLLABUS

LL.B. (Integrated) Five Years Degree Course

(Fifth Year) 9th Semester
Paper Code: LB-
Paper IV
Professional Ethics and Court Craft
Course Outcome
1. To introduce the history of Legal Profession in India
2. To explain the laws related to Legal Profession
3. To appraise the student with the ethics of Legal Profession
4. To unfold the basic concepts of Contempt.
Unit-I: Legal Profession
i. Historical development of Legal Profession in India.
ii. Constitution, Function, Powers and Jurisdiction of State Bar Council
iii. Constitution, Function, Powers and Jurisdiction of Bar Council of
India
iv. Admission and enrolment of Advocates.
Unit-II: Professional Ethics
i. Profession ethics and Advocacy, Standards of Professional
ii. Conduct and Etiquette, Conflict between interest and duty,
iii. Duty to court, Duty to Client, Duty to opponent, Duty to Colleagues,
iv. Duty towards Society and Obligation to Render Legal Aid

Unit-III: Bench-Bar Relationship

i. Reciprocity as partners in administration of Justice
ii. Professional Misconduct
iii. Rights and Privileges of Advocates
iv. Bar-Bench relations and how to become a good Lawyer
Unit-IV: Contempt of Court Act, 1971
i. Historical development of Contempt of Court Act in India,

~1~
 ii. Object and Constitutional validity of Contempt of Court Act,
Definition, Kinds of Contempt
iii. Contempt by Judges, Magistrates, Lawyers and other persons
iv. Cognizance, Procedure, Appellate provisions regarding Contempt
Defences, Punishment and Remedies.

Acts

1. The Advocate Act, 1961

2. Contempt of Court Act, 1971

3. The Advocates Welfare Fund Act, 2001

~2~
 Unit-II: Professional Ethics
Question 1: Discuss in detail the concept of Professional Ethics in the legal profession. How
do these ethics influence the role of advocacy? Analyze the Standards of Professional
Conduct and Etiquette as prescribed by the Bar Council of India, and how they ensure the

integrity of the legal profession.

A. Concept of Professional Ethics in the Legal Profession

Professional ethics in the legal profession refers to a set of principles and values
that guide lawyers in their conduct, duties, and responsibilities. These ethics are
essential as they help maintain the dignity and integrity of the legal profession,
ensuring justice is served fairly and impartially. Lawyers are expected to uphold
the highest standards of honesty, confidentiality, diligence, and respect for the law.
Professional ethics emphasize loyalty to clients, duty to the court, and respect for
the legal system. These ethical standards provide a foundation for building trust
between clients, society, and the legal profession.

B. Influence of Professional Ethics on the Role of Advocacy

Professional ethics significantly influence the role of advocacy by establishing

guidelines for ethical practice and client relations. Advocates are expected to act
with honesty, avoid misleading the court, and ensure that justice is served. Ethical
advocacy demands that lawyers prioritize their client's interests within the bounds
of the law, avoiding any actions that could harm justice. For instance, advocates
must refrain from presenting false evidence, coaching witnesses to lie, or
manipulating legal procedures. By adhering to these principles, advocates
contribute to the credibility and effectiveness of the legal system and foster public
confidence in legal outcomes.

C. Standards of Professional Conduct and Etiquette by the Bar Council of India

The Bar Council of India (BCI) has laid down the Standards of Professional
Conduct and Etiquette in Chapter II, Part VI of the Bar Council of India Rules.
These standards outline the duties advocates owe to the court, their clients,
colleagues, and society. Key aspects include:

~3~
  Duty to the Court: Advocates must act with respect toward the court,
maintain decorum, and refrain from influencing judicial proceedings
improperly. They are expected to uphold justice and prevent any act that
may impede the functioning of the judiciary.
 Duty to the Client: Lawyers must act in the best interests of their clients,
maintain confidentiality, avoid conflicts of interest, and represent clients
diligently. They should also advise clients to act within the boundaries of the
law.
 Duty to Opponents: Professional etiquette demands that advocates treat their
opponents with respect and fairness. They must avoid personal attacks or
unnecessary criticism against opposing counsel.
 Duty to Society: Advocates are expected to work toward social justice,
uphold constitutional values, and ensure their conduct reflects the dignity of
the legal profession.

These standards encourage lawyers to adhere to the principles of integrity,

impartiality, and accountability, creating a reliable and fair legal environment.

D. Ensuring Integrity of the Legal Profession

The Standards of Professional Conduct and Etiquette prescribed by the BCI play a
critical role in maintaining the integrity of the legal profession. By clearly defining
ethical boundaries and professional expectations, these standards ensure that
lawyers conduct themselves in ways that reinforce the trust society places in them.
Adherence to these standards helps avoid corruption, misconduct, and any
activities that could harm the profession's reputation. Furthermore, the Bar Council
can take disciplinary actions against advocates who violate these rules, ensuring
accountability. Thus, these standards serve as a mechanism to uphold public
confidence in the judiciary and legal services, maintaining the profession's
credibility and honor.

Question 2: Analyze the conflict between interest and duty in the legal profession. How
should an advocate manage such conflicts to ensure fair legal practice? Discuss with
reference to relevant provisions of the Advocates Act, 1961, and landmark Supreme Court
cases.

~4~
A. Conflict Between Interest and Duty in the Legal Profession

In the legal profession, advocates often face situations where their personal
interests might conflict with their duty to their clients or to the justice system. This
conflict arises when an advocate’s personal gain, relationships, or outside interests
could influence their professional responsibilities, potentially compromising the
quality of representation or fairness of legal proceedings. Such conflicts can
undermine the integrity of the legal profession and erode public trust if not
addressed properly. For instance, representing multiple clients with opposing
interests or taking on a case that could impact the advocate's financial interests
presents an ethical dilemma between serving their duty and fulfilling personal
interests.

B. Managing Conflicts of Interest to Ensure Fair Legal Practice

To ensure fair legal practice, an advocate must manage conflicts of interest by

prioritizing their duty to the client and to the court over personal interests.
Effective management of such conflicts includes:

1. Full Disclosure: An advocate should disclose any potential conflicts to the

client, allowing them to make informed decisions.
2. Withdrawal from Representation: If the conflict cannot be resolved or would
unfairly affect the case, the advocate should withdraw to maintain
impartiality.
3. Avoiding Dual Representation: Lawyers should avoid representing multiple
clients in cases where their interests may conflict, as it can hinder unbiased
advocacy.
4. Ethical Guidance: Adhering to professional ethical standards and guidelines
provided by bodies like the Bar Council of India (BCI) and seeking advice
from senior colleagues in complex situations can help in making the right
decision.

By adhering to these practices, advocates can prevent conflicts from affecting their
duty to provide fair, just, and impartial legal services.

C. Relevant Provisions of the Advocates Act, 1961

~5~
The Advocates Act, 1961, provides guidance to manage conflicts of interest and
defines the professional responsibilities of advocates:

1. Section 35: This section outlines the disciplinary powers of the Bar Council
of India, which can take action against advocates for professional
misconduct, including breaches due to conflicts of interest. The Act
empowers the BCI to suspend or disbar advocates found guilty of unethical
practices.
2. Code of Conduct and Standards: Chapter II, Part VI of the Bar Council of
India Rules, under the Advocates Act, elaborates on the duties advocates
owe to the court, their clients, and their opponents. These rules emphasize
avoiding conflicts, upholding fairness, and maintaining professional
integrity.

These provisions provide a legal framework to address conflicts of interest,

ensuring advocates adhere to ethical guidelines that promote the legal profession's
integrity.

D. Landmark Supreme Court Cases on Conflict Between Interest and Duty

Several landmark Supreme Court cases have addressed the issue of conflict
between interest and duty, setting precedents for handling such conflicts:

1. V.C. Rangadurai v. D. Gopalan (1979): In this case, the Supreme Court

highlighted the importance of maintaining client confidentiality and
avoiding actions that harm client interests due to personal gain. The
judgment reinforced the principle that advocates must act solely in their
clients' best interests without any personal interference.
2. P.D. Khandekar v. Bar Council of Maharashtra (1984): This case
emphasized the duty of advocates to act in a way that preserves public
confidence in the legal system. The Court observed that an advocate's
loyalty to the client should not be compromised by personal interests and
ruled that violating this duty amounts to misconduct.
3. Lalita Kumari v. Government of U.P. (2013): Although primarily a case on
the duty of police officers, this judgment reiterated the duty of public
officials, including advocates, to prioritize duty over personal interest,
especially when administering justice.

~6~
 Question 3: Examine the various duties of an advocate as outlined in the Bar Council
of India Rules, particularly focusing on the duty to the court, the client, the opponent,
and colleagues. How do these duties contribute to the administration of justice?
Illustrate your answer with relevant case laws and provisions from the Advocates Act,
1961.

A. Duty of an Advocate to the Court

~7~
The duty of an advocate to the court is fundamental to upholding justice and the
rule of law. According to the Bar Council of India Rules, advocates are expected
to conduct themselves with honesty, respect, and decorum in the courtroom. They
must not mislead the court or engage in any form of misconduct. Advocates are
also obligated to assist the court in arriving at a just decision by presenting facts
and legal arguments fairly, without concealing material facts. Additionally,
advocates must avoid unduly influencing the court through personal relationships
or emotional appeals.

Relevant Case Law: In Emperor v. Banka Lal (1942), the court emphasized that
advocates must avoid obstructing justice or resorting to tactics that disrupt
proceedings. The case reinforced the principle that advocates must support the
court in administering justice effectively.

B. Duty of an Advocate to the Client

An advocate’s duty to their client is to act in the client’s best interest, within the
bounds of the law. The Bar Council of India Rules emphasize that advocates must
maintain client confidentiality, offer honest legal advice, and work diligently on
behalf of their clients. Advocates should avoid conflicts of interest and ensure that
their personal beliefs or relationships do not interfere with their client’s
representation. Moreover, they should refrain from charging excessive fees and are
expected to return any unused portion of an advance fee upon case completion.

Relevant Case Law: In V.C. Rangadurai v. D. Gopalan (1979), the Supreme Court
held that maintaining client confidentiality and loyalty is crucial, and any breach of
trust or exploitation of the client’s case could lead to professional misconduct
charges.

C. Duties of an Advocate to the Opponent and Colleagues

The Bar Council of India Rules also outline the duty of advocates to treat
opponents and colleagues with fairness, respect, and integrity. Advocates are
discouraged from making false or disparaging remarks against the opposing
counsel or their clients. This duty promotes a professional environment in the legal
community, preventing hostility or unethical competition. Additionally, advocates
should support junior colleagues, promote professionalism, and respect the work

~8~
of other advocates. By doing so, advocates foster mutual respect and cooperation
within the profession, contributing to a healthy legal practice.

Relevant Case Law: In P.D. Khandekar v. Bar Council of Maharashtra (1984), the
Court emphasized that advocates should maintain professionalism and refrain from
personal attacks against their opponents or colleagues. This case highlighted the
importance of a respectful and fair approach in legal advocacy.

D. Contribution of These Duties to the Administration of Justice

The collective duties of advocates to the court, clients, opponents, and colleagues
play a vital role in the administration of justice. By adhering to ethical standards,
advocates help maintain public confidence in the legal system. Their duty to the
court ensures that judicial proceedings are fair and that the court is assisted in
arriving at just conclusions. Duty to the client guarantees that individuals receive
competent and fair representation. Meanwhile, treating opponents and colleagues
with respect upholds the dignity of the legal profession and fosters a collaborative
environment.

Relevant Provisions from the Advocates Act, 1961: Under Section 35 of the
Advocates Act, an advocate found guilty of professional misconduct can face
disciplinary action, including suspension or disbarment. This provision ensures
accountability, reinforcing the legal profession's integrity.

Case Law Example: In Supreme Court Bar Association v. Union of India (1998),
the Supreme Court emphasized that an advocate’s primary duty is to uphold the
administration of justice. The Court highlighted that advocates must balance their
role as representatives of clients with their duty as officers of the court, ultimately
ensuring justice is served.

Question 4: Discuss the duty of an advocate towards society, with particular emphasis on the
obligation to render legal aid. How does this duty align with constitutional provisions and the
Legal Services Authorities Act, 1987? Analyze the role of the legal profession in promoting
social justice and equality.

A. Duty of an Advocate Towards Society

~9~
An advocate’s duty towards society involves contributing to the broader goal of
justice and upholding the law. Advocates are expected to use their legal expertise
to support social welfare, safeguard public interest, and promote justice. This
includes raising awareness about legal rights, challenging unjust laws, and
working to ensure that legal procedures are accessible to everyone. This duty
reflects the advocate's role not just as a representative for individual clients, but as
a protector of societal values and rights. Advocates are seen as guardians of
justice, and their work contributes to maintaining law and order in society.

B. Obligation of Advocates to Render Legal Aid

One of the most important aspects of an advocate's duty to society is the obligation
to render legal aid to those who cannot afford it. This includes offering free legal
services to underprivileged sections of society, which helps bridge the gap
between different social and economic groups. Advocates are encouraged to
undertake pro bono cases and support legal aid initiatives, ensuring that justice is
not limited by financial status. Legal aid enables the poor and marginalized to
access legal representation, thereby upholding the principle that justice should be
equal and accessible to all.

Relevant Case Law: In M.H. Hoskot v. State of Maharashtra (1978), the Supreme
Court held that the right to legal aid is an essential part of the fundamental right to
life and personal liberty under Article 21 of the Constitution. This case reinforced
the duty of advocates to provide legal aid to those in need as a way of upholding
constitutional rights.

C. Alignment with Constitutional Provisions and the Legal Services Authorities

Act, 1987

The duty to provide legal aid aligns with various constitutional provisions,
especially under Articles 14, 21, and 39A. Article 14 upholds the right to equality
before the law, while Article 21 ensures the right to life and personal liberty.
Article 39A, in particular, directs the state to promote justice on a basis of equal
opportunity and to provide free legal aid to ensure that justice is not denied to any
citizen due to economic or other disabilities.

The Legal Services Authorities Act, 1987, further strengthens this duty by
establishing a framework for providing free and competent legal services to the

~ 10 ~
weaker sections of society. The Act mandates the formation of legal services
authorities at the national, state, and district levels to oversee and implement legal
aid programs. This legal framework underscores the commitment to ensuring
justice for all, with advocates playing a key role in fulfilling this obligation.

D. Role of the Legal Profession in Promoting Social Justice and Equality

The legal profession plays a crucial role in promoting social justice and equality by
ensuring that laws are applied fairly and equitably across society. Advocates
contribute to social justice by challenging discriminatory practices, advocating for
reforms, and representing vulnerable or marginalized communities. They have a
duty to act as champions for social causes, often taking up cases that challenge
systemic inequalities or protect individual freedoms. By participating in legal aid
and promoting constitutional values, advocates help create a more just and
equitable society.

Relevant Case Law: In State of Maharashtra v. Manubhai Pragaji Vashi (1995),

the Supreme Court underscored the importance of legal aid in promoting social
justice, emphasizing that lawyers have a responsibility to contribute to this goal by
supporting legal services for the less privileged. This case highlighted the role of
the legal profession in bridging social and economic divides.

~ 11 ~