INTRODUCTION

The term ‘Legal Profession’ if construed in its comprehensive form would include within
itself all those categories of persons who use technical legal knowledge and skills in the
course of performing their roles and duties. Law is the set of rules and regulations governing
a society. It is a full-fledged subject studied by those who wish to enter into the legal field.
The Legal Profession plays an important role in the Administration of Justice. The Lawyers
are considered to be the center of the administration of justice. The term “Legal Profession” if
constructed in its comprehensive form would include in itself all those categories of person
who use legal knowledge and skills in the course of performing their roles and duties. In
society, people occupy different occupations for their livelihood or for their satisfaction. The
occupations may be broadly divided as productive occupation and service occupations. The
occupations which require advanced education and special training are called professions.
Law, teaching, architecture, medicine, etc are related to professions. They are intended to
serve the mankind.

The profession of law is one of the oldest and noblest professions. The person in the legal
profession is called an advocate or lawyer. An advocate is considered to be an officer of
justice and a friend of the court. He needs to accept a brief for any man who comes before the
courts and do what one can do honorably on behalf of his client. He has to collect legal
material relating to the case of his client had argued in the courts to help the judges to deliver
judgments. The central idea is that the legal profession must perform is nothing less than the
administration of Justice.
Ethics and the legal profession are closely related. The practice of law is a noble profession.
Therefore, conforming one’s conduct and behaviours to a certain set of professional norms is
an important aspect of this profession. Legal ethics can be simply defined as a code of
conduct which may be written or unwritten. Such a code of conduct is meant to regulate the
behaviour of a practising legal professional towards the court, the presiding judge, his client
and his adversaries in the courtrooms.

It can be agreed that ethics is a fundamental prerequisite in any profession and not just the
legal profession. Thus on a general note Ethics basically denotes human behaviour and their
standard of moralities. A lawyer or an advocate must obey certain professional codes with
regard to the standards of fair dealing with the client and also includes the standard of
confidentiality required between them and uphold the self-possession. The Government of
India established The Bar council of India which is a statutory body under the Advocate Act,
1961.
Definition of Legal Profession

According to Britannica Law Dictionary, “Legal profession, a vocation that is based

on expertise in the law and in its applications. Although there are other ways of defining the
profession, this simple definition may be best, despite the fact that in some countries there are
several professions and even some occupations (e.g., police service) that require such
expertise but that may not regard as within the “legal profession.”

Legal profession is a profession in which legal professionals study, develop and apply law.
Usually, there is a requirement for someone choosing a career in law to first pass a bar
examination after obtaining a law degree or some other form of legal education such as an
apprenticeship in a law office.
It is difficult to generalize about the structure of the profession, because

 there are two major legal systems, and even within them, there are different arrangements
in jurisdictions, and
 terminology varies greatly.
While in civil law countries there are usually distinct clearly defined career paths in law, such
as judge, in common law jurisdictions there tends to be one legal profession, and it is not
uncommon, for instance, that a requirement for a judge is several years of practising law
privately.
Nature of Professional Ethics
Every profession has its own code of ethics. The legal profession in India is highly
competitive and dynamic. As it has been thoroughly discussed above that the standard of
ethics of the legal profession is codified under Indian law.

The nature of professional ethics is such that it is the essence of the legal profession. It
encourages a Lawyer to act in a dignified manner that is befitting of such a noble profession.
Thus, in order to maintain its dignity and integrity, professional ethics were codified. It brings
upon accountability upon the legal professionals for dishonest, irresponsible and
unprofessional behaviour. Furthermore, advocates can lose their license (to practice at
court/firm) if they resort to unethical practices that endanger and tarnish the dignity of the
legal profession.

Even in general not only the legal profession but also various other professions like the
medical profession in India have codified standards of ethics. The Advocates Act, 1961
and Bar Councils Act, 1926 lay down the professional ethics that need to be followed by
lawyers. On the other hand the Indian Medical Councils Act, 1956 and the Indian Medical
Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002 governs the standard
of professional ethics that needs to be followed by medical professionals.

The main intent behind these legislations is to prevent the exploitation of clients and patients
or anyone at the receiving end of their services and of course to maintain the integrity of the
profession. Just like every other provision and statute these rules and codes are not absolute
in nature and can be amended or repealed as and when need be felt.
Characteristics of legal professions

Analytical Skills: Legal professionals must possess strong analytical abilities to interpret
complex laws, regulations, and precedents.
Communication Skills: Effective communication, both written and oral, is crucial for legal
professionals to convey arguments, negotiate agreements, and interact with clients, judges,
and colleagues.
Attention to Detail: The legal field often involves intricate details, such as contract
language, case facts, and legal arguments, requiring meticulous attention to detail to avoid
errors.
Research Skills: Legal professionals must be adept at conducting thorough research to gather
relevant information, precedents, and case law to support their arguments or advise clients.
Problem-Solving Abilities: Legal professionals frequently encounter complex legal issues
and must be skilled at identifying potential solutions and strategies to address them
effectively.ing heads.
Ethical Conduct: Upholding ethical standards and integrity is essential in the legal
profession, as legal professionals are entrusted with protecting clients' interests and upholding
the principles of justice.
Time Management: Legal work often involves tight deadlines and multiple competing
priorities, necessitating strong time management skills to prioritize tasks and meet deadlines
effectively.
Negotiation Skills: Negotiation skills are essential for legal professionals involved in
resolving disputes, drafting contracts, and reaching settlements on behalf of their clients.
Adaptability: The legal landscape is constantly evolving, with changes in laws, regulations,
and judicial interpretations. Legal professionals must remain adaptable and open to learning
to stay abreast of these developments.
Professionalism: Legal professionals are expected to conduct themselves with
professionalism and adhere to codes of conduct and ethical standards established by legal
organizations and governing bodies.
Need for Professional ethics in Indian Courts
The need for codified legal ethics was well explained by the American Bar Association
Committee. Law is a keystone to the arch of Government. Thus, a proper code is needed in
order to prevent control of the judicial system by craft, greed or unworthy motives. Ethics is a
way by which an advocate owes a duty to the Bar, a judge to the Bench of justice. It shall be
noted that litigants or clients whom advocates represent don’t exactly owe the same standard
of ethics as an advocate or a judge in a Court. The duty to prevent the client from resorting to
unfair practices is also shouldered by the Bar and the Bench.

The committee also observed that a high standard of legal ethics must be codified in order to
further the administration of justice in a pure and unsullied manner. Every lawyer must
follow the prescribed legal ethics in order to retain membership in a professional
organisation.

Professional Conduct & Professional ethics

There lies a necessary distinction between professional ethics and professional conduct. The
primary difference is between the obligation to be followed by a member of the profession. In
professional conduct, refers to acts or steps taken under some statutory obligation or
contractual powers. Such an obligation could be a legal obligation. On the other hand, in
professional ethics, one is expected to follow a moral obligation.
Conclusion
It is abundantly clear that legal ethics and the legal profession are closely related. It is evident
from the existence of codified professional ethics for the legal profession that ethics holds an
important position in the legal profession. The Bar Council ensures that advocates conform to
the rules laid down with regard to legal ethics and dress code (professional attire of lawyers).

The nature of the legal ethics reveals that it is an absolute mandate however the language of
the Code (under Advocate Act, 1961) makes it evident that advocates owe a duty towards the
Bar, bench, their clients along with opposing counsels at the court. The whole point of having
codified legal ethics is to mandate advocates to maintain the dignity of the court. Also, it
prevents the exploitation of clients. The need for legal ethics was also briefly explained along
with rules that need to be followed by advocates. The basic difference between professional
ethics and professional conduct is that the former is a moral obligation while the latter is a
legal or statutory obligation.

Another important aspect captured was whether codified professional ethics is making any
difference or not? The implications of the code were explained and why it still remains
relatively ineffective due to the lack of understanding of ethics before one starts practising in
the profession. Mere codification of professional ethics will not fulfil the legislative intent
behind the Advocates Act, 1961 and the Bar Council Rules until the traditional method of
legal education is slightly changed. The Code cannot bring about a sense of ethics unless it is
imparted to the law students at the very earliest.

In the changing world of legal practice, a high standard of ethics and professional conduct is
the only tool that can ensure a stimulant justice system and it would also restore the faith of
clients on it. Considering the lawyer-client relationship is a fiduciary one, a breach of
confidentiality can be punished.