Lawyers throughout the world are specialised

professionals who place the interests of their

clients above their own, and strive to obtain
respect for the Rule of Law. They have to
combine a continuous update on legal
developments with service to their clients,
respect for the courts, and the legitimate
aspiration to maintain a reasonable standard of
living. -International Bar Association's
International Principles on Conduct for the Legal
Profession

Synopsis
The above excerpt sums up the important role
that lawyers play in society and the demanding
responsibilities they have. This paper aims to
highlight the importance of ethics in legal
profession and to set out the key principles that
apply to the legal profession. It is not intended to
serve as a complete code of conduct. Instead, it
is a brief practical guide for those in legal
profession so that they may understand the
importance of maintaining high professional
standards and are aware of their main duties.
Introduction
The Legal Profession plays an important role in
the administration of Justice. The Lawyers are
considered to be the centre of the administration
of justice. Lawyers are the one who are related
to the parties, they listen to the party and collect
all the relevant legal materials relating to the
case and argue the case in court, thus helping
the Judge to arrive at the correct and fair
judgment.

Without the assistance of the lawyers it would be

a superhuman task for the Judge to come at the
satisfactory judgment. Justice P.N. Sapru has
stated that:
justification for the existence to the counsel is
that each side to the controversy should be in a
position to present its case before an impartial
tribunal in the best and most effective manner
possible.[1]

The Lawyers play important role in the

maintenance of peace and order in the society.
Learned C.L. Anand has rightly stated that the
advocates share with the judges the
responsibility for maintaining order in the
community. They do not promote stripes but
settle them. They stand for legal order which is
one of the noblest functions in the society.
The order which the advocates seek is not of
grave but based on justice. It is the foremost
function of the advocates to fulfil the desire of
their clients by providing them Justice. It is the
desire of every human on the earth.

The Lawyers also play a very important role in

law reform also. By reason of the experience
gained in daily application and interpretation of
laws, lawyers are best aware of the imperfection,
of the lega I system and constitute the most
competent class of men to advise on law reform
and to promote popular enthusiasm and support
for it. The most difficult part of the process of
legislation is drafting of its provisions and no one
is better fitted to give guidance on this than the
lawyers.

Thus, it can be said that the legal profession is a

profession of great honour. This is made for
public welfare, for public good. This is not for
making money but to provide Justice to the right
person. An advocate is an officer of the Court
and is required to maintain towards the Court a
respectful attitude bearing in mind that the
dignity of the judicial office. The Supreme Court
has rightly observed that the legal profession is a
partner with the judiciary in the administration of
justice.[2]
What Are Ethics?
Ethics are principles and values, which together
with rules of conduct and laws, regulate a
profession, such as the legal profession. They act
as an important guide to ensure right and proper
conduct in the daily practise of the law

Areas covered by ethical standards include:

• Independence, honesty and integrity.
• The lawyer and client relationship, in
particular, the duties owed by the lawyer to
his or her client. This includes matters such
as client care, conflict of interest,
confidentiality, dealing with client money,
and fees.
• The lawyer as an advocate, in particular, a
lawyer's duties to the court.
• Competence, which encompasses academic
qualifications and training, and meeting
other practising requirements such as
holding a valid practising certificate or
licence.
• A lawyer's duties to persons other than a
client.
• A lawyer's duties to other lawyers.
• Advertising of legal services.
• Human rights and access to justice
Need For Professional Ethics
The legal profession is necessarily the keystone
of the arch of Government. If it is weakened, and
allowed to be a subject of the corroding and
demoralising influence of those, who are
controlled by craft, greed or gain or other
unworthy motive, sooner or later the arch must
fall. The future of the country depends upon the
maintenance of the shrine of the justice, pure
and unrolled by the advocates. It cannot be so
maintained, unless the conduct and motives of
the members of the legal profession are what
they object to be.

Therefore, it becomes the plain and simple duty

of the lawyers to use their influence in every
legitimate way to help and make the Bar what it
is ought to be. The committee has further
observed that members of Bar, like Judges, are
officers of the court and like judges, they should
hold office only during good behaviour and this
good behaviour should be defined and measured
by ethical standards, however high, as necessary
to keep the administration of justice, pure and
unsullied. Such standard may be crystallized into
a written code of professional ethics and the
lawyer failing to conform thereto, should not be
permitted to practise or retain membership in
the particular organisation.
Importance Of Professional Ethics In Legal
Profession
First, because lawyers and judges are integral to
the working-out of the law and the Rule of Law
itself is founded on principles of justice, fairness
and equity. If they do not adhere and promote
these ethical principles then the law will fall into
disrepute and people will resort to alternative
means of resolving conflict. The Rule of Law will
fail with a rise of public discontent.
Second, lawyers are professionals.

This concept conveys the notion that issues

of ethical responsibility and duty are an inherent
part of the legal profession. It has been said that
a profession's most valuable asset is its collective
reputation and the confidence which that
inspires. The legal profession especially must
have the confidence of the community.

Justice Kirby of the Australian High Court once

noted:
The challenge before the legal profession .... is to
resolve the basic paradoxes which it faces .... To
reorganise itself in such a way as to provide
more effective, real and affordable access to
legal advice and representation by ordinary
citizens. To preserve and where necessary, to
defend the best of the old rules requiring
honesty, fidelity loyalty, diligence, competence
and dispassion in the service of clients, above
mere self-interest and specifically above
commercial self-advantage.
What is an ethical code for the
advocates?
An ethical code is a rule or regulation which lays
down the norms of how an Advocate should act
in relation to both the court and their clients. A
codification of norms makes it easier for the
advocates to adhere to the required etiquettes
and behavior that a person in a professional
occupation should. For example, t he conduct of
doctors is regul ated by the Indian Medical
Councils Act, 1956 and Indian Medical Council
(Professional Conduct, Etiquette and Ethics)
Regulations, 2002. Similarly, the Bar Council of
India prescribes the norms and standards by
which an advocate registered in t he Bar ought to
conduct himself in relation to the court and the
client. The bar council also holds a disciplinary
hearing in case an advocate has violated its code.
Chapter 11 of part VI of the Rul es framed by the
Bar Council of India deals with the standards of
professional Conduct and Etiquette.
Why there is a need for a Code of
Ethics for the advocates?

Firstly, because Advocates are essential to the

normal funct ion ing of the j udiciary, and the rule of
law itself is based on t he principles of natural
justice. If Advocates do not adhere to these
ethical principles and encourage them, then the
law wi ll fall under contempt and peop le will resort
to alternative means of conflict resolution even
resolving to vigi lante j ustice. With a surge of
public discontent, the Rule of Law wil l break
down.

Second, advocates are considered special ists and

professionals. This theory conveys the idea that
social duty and ethical concerns are intrinsic
aspects of the legal profession. It has been said
that the most important quality of a profession is
its mutual prestige and the trust it inspires. As
stated by Justice Ki rby in the Australian High
Court
preserve and where necessary, to defend the best
of the old ru les requiring honesty, fidelity loyalty,
diligence, competence and dispassion in t he
service of clients, above mere self-interest and
specifically above commercial self-advantage."[1]

Third, that advocates who are admitted as j udicial

agents have a responsibility to represent the
court and the administration of justice and thus
need to act most ethically and professionally that
befits t he reputation of the judiciary that they
represent. The integrity of the judicial system is
dependant upon the collective actions of its
components and if advocates who form a
component of the judiciary were to act unethically
then the integrity of the entire judiciary will be
compromised.

And ultimately, advocacy is a privileged

profession, as on ly advocates can take up others'
causes and initiate t hem in the courts fo r the
administration of justice. Thus there is a need for
them to act as ethically as possible