Professional Ethics

Set of rules written/unwritten about behavior of lawyers towards his client/legal system.
- Professionalism: Lawyers must act with diligence, civility, and respect for the legal system
- Integrity: Lawyers must be honest, truthful, and transparent
- Competent:
- Appearance: must appear in court in the proper dress code prescribed by the Bar Council of India Rules.


Need of Ethics?
  Maintaining public trust, Upholding the rule of law, Preventing corruption, Serving society honestly, Fostering cooperation.

Advocate / Lawyer / Attorney / Counsel

A person who argues for or represents another person's cause in a court of law
In the United States, the term is used interchangeably with terms like attorney, counsel, or lawyer.

Roles / Importance / Functions of Lawyer
Help Court, Protect client interests, Help clients navigate the legal system, Provide legal advice, Conduct legal research, Negotiate settlements

Position of advocate:
They are an integral part of the legal system, responsible for representing clients in court proceedings, ensuring the smooth functioning of the court.
  Client representation, Legal expertise, Ethical conductDuty to the court.

To become a Supreme Court advocate

Complete 12th standard, Enroll in a law college, Complete internships during law college, Register with the Bar Council of India, Become a junior assistant to a Supreme Court advocate, Pass the All India Bar Exam

Seniority of Advocates

Meaning of Seniority of Advocates:
"seniority" refers to their position in the hierarchy based on the date of their enrollment as an advocate. If two advocates have the same enrollment date, the older one is considered senior.

Benefits of Seniority
Recognition of extensive legal experience and expertise, granting them greater credibility in court. Better chance of influencing judicial decisions due to their reputation and proven track record in the legal field. Usually accompanied by a higher level of respect from judges and other lawyers
How disputes regarding Seniority decided?
Complaint to Bar Council, Bar Council Investigation and hearing, Final decision

Transfer an advocate's name from one State Bar Council to another

Apply in Form C to the Bar Council of India
Include the following with your application:
- A certified copy of your entry in the State Roll
- A certificate from the State Council that your enrollment certificate has not been recalled
There are no disciplinary proceedings pending against you & State Council has no objection to the transfer
D.D. of Rs. 2,000 drawn in favor of the Bar Council of India
Provide the original Enrolment application from the State Bar Council where you are enrolled

Disqualification for enrollment as an advocate

if Person is convicted of an offense that involves moral turpitude(violates the community's accepted standards or sentiments) or an offense under the Untouchability (Offences) Act, 1955
Untouchability (Offences) Act: Article 17 of the Indian Constitution abolishes the practice of untouchability.
Disqualification ceases after 2 years

Rights of Advocates

practice law in court, Meet with accused, Take fees from client, Refuse cases, Right against arrest
Right of pre-audience: Attorney-General of India and the Solicitor-General of India have the privilege to be heard first in court proceedings, before any other advocates

Bar Council of India & State Bar Council

Can enrollment of person carrying other profession be restricted by bar council?

Yes. Bar Council of India (BCI) can restrict enrollment for people with other professions
Advocates are restricted from being full-time salaried employees of any person, government, firm, corporation, or concern.
Provisional enrollment: The Supreme Court has ruled that people with other jobs can be provisionally enrolled with the BCI for 6 months. To be eligible, they must:
- Pass the All India Bar Examination (AIBE)
- Have 6 months to decide whether to become an advocate or continue with their other job
Some exceptions include:
- Continuing to inherit or succeed to a family business
- Continuing to hold a share with others in any business
- Law officers of the Central Government of a State or any Public Corporation

Advocate Act 1961

1879. Legal Practitioners Act. Advocates were governed by this. 1st time Indian lawyers were allowed to enroll as "vakils".
Advocates were categorized into 6 grades:
  Advocates(Barristers)
  Attorneys (Solicitors)
  Vakils of High Courts
  Pleaders(can enroll themselves in any revenue office)
  Mukhtars(practice in Criminal or Civil Court)
  Revenue Agents

1923 Indian Bar Councils Act: Chamier Committee proposed formation of Bar Councils for each High Court in India.

1926 Indian Bar Councils Act: Provide constitution of bar council, powers, duties

1953. 'All India Bar Committee' presented proposal for Bar Council
1955. Law Commission recommended bar council

1961. Advocate Act was passed
What is Advocate Act?
  Separate Act of Parliament codified as a standalone legislation.
  Bar Council was created in 1961 M.C. Setalvad(chairman), C.K. Daphtary(vice chairman)
  Section 3 (Establishment of State bar council)
  Sec 44 (disciplinary committee of a Bar Council in India can review its own orders at own or someone's initiative). Review can take withni 60 days of order passed. can vary the punishment passed. give the aggrieved person a reasonable opportunity. Review orders must be reviewed by BCI.

Powers of central government to make rules under advocate act 1961

Membership qualifications: To set qualifications and disqualifications for members of a Bar Council
Supervision and control: How Bar Council of India (BCI) supervises and controls State Bar Councils
Enrolling advocates: Crietria who can be enrolled as advocates
Exemptions: People who can be exempted from training and examinations
Seniority: How seniority among advocates can be determined
Disciplinary procedures: To set the procedure to be followed by a Bar Council's disciplinary committee in hearing cases

Professional misconduct

Disgraceful or dishonorable conduct by advocate which is against the legal profession.
Supreme Court of India has the exclusive jurisdiction to investigate and take action against advocates who engage in professional misconduct.
Examples of professional misconduct include: Dereliction of duty, Professional negligence, Changing sides, Contempt of court, Furnishing false information, Giving improper advice

Cases involving professional misconduct
1. 1998(Mahabir Prasan Singh vs M/S Jacks Aviation Private Ltd): civil suit for recovery of possession of a building was filed in Tis Hazari, Delhi. Accused was M/S Jacks Aviation Private Ltd. Lawyer of defendant(Guilty) avoid appearing in court by leveraging a resolution passed by the Delhi Bar Association, which boycotted appearances before the court. court viewed this as misconduct because it undermined the integrity of the judicial process
2.Hikmat Ali Khan vs Ishwar Prasad Arya: Ishwar Prasad Arya, was an advocate practicing in Badaun(UP).The misconduct involved assaulting his adversary(opponent), Radhey Shyam, in the court room with a knife during lunchtime and gunshot was heard. Ishwar Prasad Arya was convicted under Section 307 of the Indian Penal Code (attempt to murder) and Section 25 of the Arms Act

Bar(Advocates) & Bench(Judges) relationship

This is the cordial, mutual respect relationship between lawyers (the bar) and judges (the bench)

Cases
1. Lalit Mohan Das vs Advocate-General, Orissa
Lalit Mohan Das(Advocate) made objectionable remarks in open court against the Munsif (a judicial officer) partiality and unfairness. Munsif reported this to the High Court. Munsif wanted to settle by taking sorry from Lalit Mohan Das, but he did not said sorry. Supreme Court emphasized that such conduct should not be seen as a matter between individual members of the Bar and the judiciary

contempt of court

Wilful disobedience to any judgment, decree, direction, order, writ or. This is serious offense that involves disrespecting or interfering with the authority of a court or the legal process
This can result in a range of punishments, including monetary fines and jail time.
Contempt of court can be civil or criminal, and direct or indirect.

Kinds of Contempt

1. Civil Contempt of court

2. Criminal contempt of court

Nature and extent of punishment for contempt of court

Imprisonment(upto 6 months), Fine(upto 2000/-), Both, Custody

Cases:
1. 1998 case Supreme Court Bar Association vs. Union of India
Case was whether SC can Suspend or debar an advocate from practicing before it, Revoke an advocate's license
As per petition under Article 32 of the Constitution of India. The case established that: The Supreme Court does not have the power to suspend an advocate's license in a summary manner

2. 1995 Vinay Chandra Mishra v Supreme Court
Vinay Chandra Mishra(senior advocate) used abusive language & threatened judge during hearing in Supreme court
Art 129 of constitution provides power to court to punish for contempt of court. Punishment: imprisonment for a brief period & suspended his license to practice law for a period of 3 years
This was the first time the Court exercised the power to suspend the legal practice of a lawyer for contempt.

3. 1997 T Deen Dayal v High Court(Andhara Pradesh)
Case: T Deen Dayal filed an Election Petition to High Court of Andhra Pradesh. Election Petition was tried by Mr.justice Upendralal Waghray. Deen Dayal fild another petition to Chief justice of AP High Court asking to withdraw petition from Upendralal and traferring to some learned judge. Deen dayal said Upendralal is under evil influence of CM of AP who is behind the fraud.
Imprisonment for a period of 3 months

4. 1995 Mohd Aslam v Union of India
Case: About the demolition of the Babri Masjid in Ayodhya, India. filed by Mohd aslam against UP CM Kalyan singh
Kalyan singh had given undertaking to court to protect Babri masjid in his personal & official capacity. But masjid was demolished. Court found if he has done some of his part structure would have been preserved.
Reason given by CM was during time of chaturmas large number of sadhus accumulate from all over as tradition and they gone upon construction and their number was so large what preventive action might have caused adverse affect. SC Decision: CM failed to prove that he has taken resonable steps to prevent damage. CM was imprisoned for 1 day + fine of 2000/-.

Cases

1991. Delhi Judicial Service Association, Tis Hazari Court, Delhi v. State Of Gujarat

Trace history of development of legal profession in india

Ancient times: kings and advisors directly administered justice based on religious and customary laws. Intellectuals might advise courts on complex matters.

Medieval period (Muslim Rule): "vakil" - individuals appointed by parties to represent them in court. No formal legal training for vakils.

British Period

1961 Advocates Act. Post-independence

Writs

Habeas Corpus, mandamus, Prohibition, Certeiorari, Quo-Warranto

Terms

Appointed Day: In law, the appointed day is the date on which a law or provision of a law comes into effect.

Roll: Document that contains official information or records.
Roll of members: A record of proceedings in a court or public office. This can include a list of cases heard, judgments made
Judgment roll: A parchment roll or book that contains a record of a court case's proceedings and judgment
Roll of lawyers: A list of practitioners in a court or the courts of a state
State Roll: A state roll is a list of advocates that is prepared and maintained by a State Bar Council in India
State Bar Councils are responsible for maintaining the roll of advocates, which means they keep a record of all registered lawyers within their jurisdiction

Right of pre audience
Right gives certain people the right to be heard before others. List is as follows:
Attorney-General of India has the highest priority, followed by the Solicitor General of India, Additional Solicitor General of India, 2nd Additional Solicitor General of India, Advocate General of any State, Senior Advocates, and other Advocates

Examination in Chief
process of a party examining a witness in a legal proceeding. Involves posing questions, examining witness.
The party calling the witness questions them about a relevant event. The purpose is to take testimony for which the witness was called

Cross Examination
The opposing party questions the witness about details beyond their initial testimony