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“Law Master’s” Publication
“Professional Ethics”
Prof. S.D. Bhosale
(..1..)
Professional Ethics
Professional Ethics in Advocacy
QUESTION BANK
1. What do you understand by “Professional Ethics”? Explain its importance to the legal
profession.
2. What are the norms of professional ethics? Explain with special reference to-
a) Advocate and profession, and
b) Advocate and witness.
3.
4.
5.
6.
7.
Explain various duties of an advocate to the client.
Discuss briefly- “Standards of professional conduct and Etiquettes”.
Discuss the duties of an advocate towards court and opponent lawyer.
Explain in detail the meaning, nature and need of professional ethics.
“Law being fraternity, the profession is entitled to loyal support of its members in
the maintenance of certain high traditions”. Elucidate this statement evaluate the
role of a lawyers.
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“Law Master’s” Publication
“Professional Ethics”
Prof. S.D. Bhosale
8.
Can an advocate refuse a brief, if a client comes with proper instructions and is
prepared to pay fair and proper fees?
9.
What the counsel owes to his client?
10.
11.
12.
State duties of lawyers to his opponents and colleagues.
What are the counsel owes to the Court.
Explain in detail Bar Council of India Rules on standards of professional conduct
and Etiquettes.
13.
Discuss the duties of Advocate’s towards the court.
Short Notes
1. Nature of legal profession.
2. Lawyers’ duty to public.
3. Need of professional ethics.
4. Duties towards opponent lawyer.
5. Duties towards client.
6. Advocate’s duty to his colleagues.
7. Advocate’s duty to opponent.
8. Advocates' right to practice.
9. Refusal to accept brief.
10. Lawyers’ duty towards the court.
TABLE OF CONTENTS
I. Introduction-..............................................................................................................................3
Standards of Professional Conduct and Etiquette-.........................................................3
(A) Advocate’s duties towards the Court-.....................................................................3
1. Act in a dignified manner-..............................................................................3
2. Respect the court-.............................................................................................4
3. Not to communicate in private-......................................................................4
6. Appear in proper dress code-..........................................................................4
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“Law Master’s” Publication
“Professional Ethics”
Prof. S.D. Bhosale
(B) Advocate’s duties towards the Client-....................................................................5
1. Bound to accept briefs-....................................................................................5
2. Not to withdraw from service-........................................................................5
4. Full and frank disclosure to client-................................................................5
5. Uphold interest of the client-..........................................................................5
6. Not to suppress material or evidence-...........................................................5
his client or the client’s authorised agent. .........................................................6
reposed in him by his client. ...............................................................................6
16. To keep proper accounts-..............................................................................6
18. Intimate the client on amounts-....................................................................7
20. Provide copy of accounts-.............................................................................7
hands are converted into loans............................................................................7
22. Not to lend money to his client-...................................................................7
23. Not to appear for opposite parties-...............................................................7
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“Law Master’s” Publication
“Professional Ethics”
Prof. S.D. Bhosale
(D) Advocate’s duties towards Colleagues-..................................................................7
1. Not to advertise or solicit work-.....................................................................7
I. Introduction of professional ethics in law-
The legal professionoccupiesauniquepositionoftrustandresponsibilityinsociety,
requiring its members to adhere to the highest standards of integrity, honesty, and
professionalism. The Advocates Act, 1961, which governs the legal profession in India,
provides a comprehensive framework for the regulation, enrolment, and conduct of
advocates. One of the key objectives of this Act is to uphold the dignity of the profession
by ensuring that advocates maintain professional ethics in their practice.
Professionalethicsreferto the codeof conductandmoral obligationsthatadvocates
must observe in their dealings with clients, courts, and fellow professionals. These ethical
standards are not merely guidelines but are enforceable norms under the Bar Council of
India Rules, framed under the authority of the Advocates Act. They include duties towards
the client, the court, opponents, and colleagues, and emphasize values such as
confidentiality, loyalty, honesty, and avoidance of conflict of interest.
Through these ethical obligations, the Act aims to maintain public confidence in the
legal system and ensure that advocates serve as officers of the court while zealously
representing their clients within the bounds of law and justice.
II.
Standards of Professional Conduct and Etiquette-
S. 49 (1) (c) of the Advocates Act 1961 has empowered the Bar Council of India to
frame rules prescribingstandards for professional ethics and etiquette. The Bar Council of
India, as per its power, has framed the following standards for professional ethics and
etiquette for Advocates, viz.
(A) Advocate’s duties towards the Court-
Section I of the Bar Council of India Rules provides the advocate’s duties towards
the Court. The section contains 10 rules, viz.
1. Act in a dignified manner-
An advocate has an ethical duty to act in a dignified manner both inside and outside
the courtroom, upholding the honour and integrity of the legal profession. This includes
maintaining respectful behaviour towards the court, clients, fellow advocates, and the
public, avoidingany conduct that might lower the esteem of the profession. An advocate
must refrain from using abusive language, showing disrespect, or engaging in any activity
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“Law Master’s” Publication
“Professional Ethics”
Prof. S.D. Bhosale
that undermines the authority of the judiciary or tarnishes the image of the legal
community. By conducting themselves with dignity, advocates ensure the proper
administration of justice and reinforce public confidence in the legal system. However,
whenever there is a proper ground for a serious complaint against a judicial officer, the
advocate has a right and duty to submit his grievance to the proper authorities.
2. Respect the court-
An advocate has an ethical duty to show utmost respect to the court, recognizing it
as the guardian of justice and the rule of law. This duty involves maintaining decorum,
addressingthe court with courtesy, following courtroom procedures, and avoidingany act
or expression that may undermine the authority or dignity of the judiciary. An advocate
must presentarguments with civility,acceptcourtorderswith grace evenwhen disagreeing
and never engage in behaviour that may scandalise or bring disrepute to the court.
Upholdingrespect for the court is essential not only for the smooth functioningof the legal
process but also for preserving the public’s faith in the judicial system.
3. Not to communicate in private-
An advocate has an ethical duty not to communicate in private with a judge
concerninganypendingcase, assuchconductcancompromisethe fairnessandimpartiality
of judicial proceedings. Private communication, whether oral or written, may create a
perception of undue influence or bias, thereby eroding public confidence in the justice
system. All communications regardinga case must take place openly in the courtroom and
in the presence of the opposing party or their counsel. This ensures transparency, eq ual
opportunity to be heard, and adherence to the principles of natural justice.
An advocate should not influence the decision of a court in any matter using
illegal or improper means such as coercion, bribe, etc.
4. Refuse to act in an illegal manner towards the opposition-
An advocate should refuse to act illegally or improperly towards the opposing
counsel or the opposite parties. He shall also use his best efforts to restrain and prevent his
client from acting in any illegal, improper manner or using unfair practices in any matter
towards the judiciary, opposite counsel or the opposite parties.
5. Refuse to represent clients who insist on unfair means-
An advocate shall refuse to represent any client who insists on using unfair or
improper means. An advocate shall excise his judgment in such matters. He shall not
blindly follow the instructions of the client. He shall be dignified in the use of his langu age
in correspondence and during arguments in court. He shall not scandalously damage the
parties' reputation on false groundsduringpleadings. He shall not use imperative language
during arguments in court.
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“Law Master’s” Publication
“Professional Ethics”
Prof. S.D. Bhosale
6. Appear in proper dress code-
An advocate should appear in court at all times only in the dress prescribed under
the Bar Council of India Rules, and his appearance should always be presentable.
7. Refuse to appear in front of relations-
An advocateshouldnotenteranappearance,act,pleador practice inany way before
a judicial authority if the sole or any member of the bench is related to the advocate as a
father, grandfather, son, grandson, uncle, brother, nephew, first cousin, husband, wife,
mother, daughter, sister, aunt, niece, father-in-law, mother-in-law, son-in-law, brother-in-
law daughter-in-law or sister-in-law, friend etc.
8. Not to wear bands or gowns in public places-
An advocate should not wear bands or gowns in public places other than the court,
on suchceremonialoccasions,andat such placesas the Bar Councilof India or as the court
may prescribe.
9. Not to represent establishments of which he is a member-
An advocate should not appear in or before any judicial authority for or against any
establishment if he is a member of the management of that establishment. This rule does
not apply to a member appearingas “amicus curiae” or without a fee on behalf of the Bar
Council, Incorporated Law Society or a Bar Association.
10. Not to appear in matters of pecuniary interest-
An advocate has an ethical duty to avoid appearingin any matter where they have a
direct or indirect pecuniary (financial) interest that is likely to affect their professional
judgment or create a conflict of interest; this duty ensures that the advocate's advice and
representation are free from any undue influence of personal financial gain, thereby
maintaining the integrity and impartiality of the legal process and upholding the trust
placed in them by their clients and the court. He should not act in a bankruptcy petition
when he is also a creditor of the bankruptcy. He should also not accept a brief from a
company for which he is a director.
11. Not to stand as surety for a client-
An advocateshouldnotstand as a suretyor certifythe soundnessof a suretythat his
client requires for the purpose of any legal proceedings.
(B) Advocate’s duties towards the Client-
Section II of the Bar Council of India Rules providesfor the advocate’sdutiestothe
Client. There are 33 rules in the section.
1. Bound to accept briefs-
An advocate is bound to accept any brief in the courts or tribunals or before any
other authority in or before which he proposes to practice. He should levy fees which are
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“Law Master’s” Publication
“Professional Ethics”
Prof. S.D. Bhosale
at par with the fees collected by fellow advocates of his standingat the Bar and the nature
of the case. Special circumstances may justify his refusal to accept a particular brief.
2. Not to withdraw from service-
An advocate should not ordinarily withdraw from serving a client once he has
agreed to serve him. He can withdraw only if he has a sufficient cause and by giving
reasonable and sufficient notice to the client. Upon withdrawal, he shall refund the part of
the fee that has not accrued to the client.
3. Not to appear in matters where he himself is a witness-
An advocate should not accept a brief or appear in a case in which he himself is a
witness. If he has a reason to believe that he will be a witness in due course of events, he
should not continue to appear for the client. He should retire from the case without
jeopardising his client’s interest.
4. Full and frank disclosure to the client-
An advocate should, at the commencement of his engagement and during the
continuance thereof, make all such full and frank disclosure to his client relating to his
connection with the parties and any interest in or about the controversy as are likely to
affect his client’s judgement in either engaging him or continuing the engagement.
5. Uphold the interest of the client-
It shall be the duty of an advocate fearlessly to uphold his client's interests by all
fair and honourable means. An advocate shall do so without regard to any unpleasant
consequences to himself or any other. He shall defend a person accused of a crime
regardless of his personal opinion about the guilt of the accused. An advocate should
always remember that his loyalty should be to the law and his client.
6. Not to suppress material or evidence-
An advocate appearing for the prosecution of a criminal trial should conduct the
proceedings in a manner that does not lead to a conviction of an innocent. An advocate
shall by no means suppress any material or evidence which shall prove the innocence of
the accused.
7. Not to disclose the communications between the client and himself-
An advocate should not by any means, directly or indirectly, disclose the
communications between him and his client. He also shall not disclose the advicegiven by
him in the proceedings. However, he is liable to disclose it if it violates Section 126 of the
Indian Evidence Act of 1872.
8. An advocate should not be a party to stirring up or instigating litigation.
9. An advocate should not act on the instructions of any person other than his client
or the client’s authorised agent.
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“Law Master’s” Publication
“Professional Ethics”
Prof. S.D. Bhosale
10. Not to charge depending on the success of matters-
An advocate should not charge for his services depending on the success of the
matter undertaken. He also shall not charge for his services as a percentage of the amount
or property received after the success of the matter.
11. Not to receive interest in the actionable claim-
An advocate should not trade or agree to receive any share or interest in any
actionable claim. Nothing in this rule shall apply to stock, shares and debentures of
government securities or to any instruments, which are, for the time being, by law or
custom, negotiable or to any mercantile document of title to goods.
12. Not to bid or purchase property arising out of legal proceedings-
An advocate should not by any means bid for or purchase, either in his own name
or in any other’s name, for his own benefit or for the benefit of any other person, any
property sold in any legal proceedingin which he was in any way professionally engaged.
However, it does not prevent an advocate from biddingfor or purchasingfor his client any
property on behalf of the client, provided the Advocate is expressly authorised in writing
on this behalf.
13. Not to bid or transfer property arising from legal proceedings-
An advocateshouldnotby any means bidin courtauctionor acquirebyway of sale,
gift, exchange or any other mode of transfer (either in his own name or in any other name
for his own benefit or the benefit of any other person), any property which is the subject
matter of any suit, appeal or other proceedings in which he is in any way professionally
engaged.
14. Not to adjust fees against personal liability-
An advocate should not adjust the fee payable to him by his client against his
personal liability to the client, which does not arise duringhis employment as an advocate.
15. An advocate should not misuse or take advantage of his client's confidence
reposed in him.
16. To keep proper accounts-
An advocate should always keep accounts of the clients’ money entrusted to him.
The accounts should show the amounts received from the client or on his behalf. The
account should show, along with the expenses incurred for him and the deductions made
on account of fees, with respective dates and all other necessary particulars.
17. Not to divert money from accounts-
During any proceeding or opinion, an advocate should mention in his accounts
whether any money received from the client is on account of fees or expenses. He shall not
divert any part of the amounts received for expenses as fees without written instruction
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“Law Master’s” Publication
“Professional Ethics”
Prof. S.D. Bhosale
from the client.
18. Intimate the client on amounts-
Where any amount is received or given to him on behalf of his client, the advocate
must, without any delay, inform the client of the fact of such receipt.
19. The balance amount is to be returned to the Client-
After the termination of proceedings, an advocate shall be at liberty to adjust the
fees due to him from the client’s account. Any amount left after the deduction of the fees
and expenses from the account shall be returned to the client.
20. Provide a copy of accounts-
An advocate must provide the client with a copy of the client’s account maintained
by him on demand, provided that the necessary copying charge is paid.
21. An advocate shall not enter into arrangements whereby funds in his hands are
converted into loans.
22. Not to lend money to his client-
An advocate shall not lend money to his client for the purpose of any actionor legal
proceedings in which he is engaged by such client. An advocate cannot be held guilty for
a breach of this rule if, in the course of a pending suit or proceeding, and without any
arrangement with the client in respect of the same, the advocate feels compelled because
of the rule of the Court to make a payment to the Court on account of the client for the
progress of the suit or proceeding.
23. Not to appear for opposite parties-
An advocate who has advised a party in connection with the institution of a suit,
appeal or other matter or has drawn pleadings or acted for a party shall not act, appear or
plead for the opposite party in the same matter.
(C) Advocate’s duties towards the Opponent-
Section III of the Bar Council of India Rules provides for the advocate’s duties to
the Opponent. There are 2 rules in the section.
1. Not to negotiate directly with the opposite party-
An advocateshallnotinany way communicate,negotiateor callfor settlementupon
the subjectmatter of controversywithanyparty representedbyanadvocateexceptthrough
the advocate representing the parties.
2. To carry out legitimate promises made-
An advocateshalldohis bestto carryout all legitimate promisesmade to theoppositeparty
even though not reduced to writing or enforceable under the rules of the Court.
(D) Advocate’s duties towards Colleagues-
Section IV of the Bar Councilof India Rules providefor the advocate’sdutiestothe
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“Law Master’s” Publication
“Professional Ethics”
Prof. S.D. Bhosale
Colleagues. There are 4 rules in the section.
1. Not to advertise or solicit work-
An advocate shall not solicit work or advertise in any manner. He shall not promote
himself by circulars,advertisements,touts,personalcommunications,andinterviewsother
than through personal relations, furnishingor inspiringnewspaper comments or producing
his photographs to be published in connection with cases in which he has been engaged or
concerned.
2. Reasonable size of sign-board and name-plate-
An advocate’s sign-board or name-plate should be of a reasonable size. The sign-
board or name-plate or stationery should not indicate that he is or has been President or
Member of a Bar Councilor any Associationorthat he hasbeenassociatedwith anyperson
or organisationorwith any particularcauseormatter or thathe specialisesinany particular
type of work or that he has been a Judge or an Advocate General.
3. Not to promote the unauthorised practice of law-
An advocate shall not permit his professional services or his name to be used to
promote or start any unauthorised practice of law.
4. An advocate shall not accept a fee less than the fee, which can be taxed under the
rules when the client is able to pay more.
5. Seek consent of fellow advocate to appear-
An advocate should not appear in any matter where another advocate has filed a
vakaltnama or memo for the same party. However, the advocate can obtain the consent of
the other advocate to appear.
If an advocate cannot present the consent of the advocate who has filed the matter
for the same party, then he should apply to the court for an appearance. He shall, in such
application,mentionthereasonas to why he couldnot obtainsuchconsent.He shallappear
only after obtaining permission from the Court.
Thus, in conclusion, we may say that by performingthe above-mentionedduties, an
advocate will not only maintain the dignity of his profession but will also provide
distinguished services for the welfare of society.
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