PROFESSIONAL ETHICS AND PROFESSIONAL

ACCOUNTING SYSTEM

ETHICS IN LEGAL PROFESSION: ORIGIN & EVOLUTION

Submitted to: Submitted by:

DR. BHARAT BAROWALIA SHIVAM

(Assistant Professor of Law) B.A. LL.B. (8th Sem.)

1020202126

HIMACHAL PRADESH NATIONAL LAW

UNIVERSITY GHANDAL, SHIMLA, P.O. SHAKRAH, SUB-
TEHSIL DHAMI DISTRICT SHIMLA, HIMACHAL PRADESH-
171014
Ph. 0177-2779802, 0177-2779803, Fax: 0177-2779802

Website: http://hpnlu.ac.in

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 DECLARATION

The work embodied in this Assignment titled “Ethics in legal profession: origin & evolution”
has been done by me and not submitted elsewhere for the award of any other
degree/certificate. Where other people’s work has been used (either from a printed source,
Internet or any other source) it has been properly acknowledged and referenced.

Shivam
B.A.LL.B.
8thSemester
(1020192017)

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 INDEX

Contents

INTRODUCTION.......................................................................................................................4

RESEARCH METHODOLOGY................................................................................................5

OBJECT OF PROFESSIONAL ETHICS...................................................................................6

NATURE OF PROFESSIONAL ETHICS..................................................................................6

ORIGIN AND EVOLUTION OF ETHICS IN LEGAL PROFESSION....................................7

ETHICS IN LEGAL PROFESSION: INTERNATIONAL PERSPECTIVE.............................8

ETHICS IN LEGAL PROFESSION: INDIAN PERSPECTIVE................................................9

CONCLUSION: AN ANALYSIS.............................................................................................15

BIBLIOGRAPHY.....................................................................................................................16

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 INTRODUCTION

Ethics is knowing the difference between what you have a right to do and what is right to do.
_Potter Stewart

Ethics in the legal profession refers to the moral principles and values that guide the behaviour
of lawyers and other legal professionals. These principles include honesty, integrity,
confidentiality, and loyalty to clients. The legal profession is one of the oldest and most
respected professions in the world, and its ethical standards have evolved over time. The origin
of ethics in the legal system can be traced back to ancient times when societies developed rules
and regulations to govern human behaviour. These rules were often based on religious or moral
principles and were enforced by community leaders or elders.
The legal profession has long been regarded as a noble and esteemed vocation, with practitioners
entrusted with the responsibility of upholding justice and maintaining the rule of law. Central to
this role is the adherence to a strict code of ethics, which has evolved over time to reflect the
changing nature of the profession and the societies it serves. This essay will explore the origins
and evolution of ethics in the legal profession, tracing its development from ancient civilizations
to the modern era.
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 morality.
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.

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 RESEARCH METHODOLOGY

Statement of problem
This assignment aims to understand the concept of origin and evolution of ethics in legal
profession.

Research Objectives:
 The first objective is to understand the terminology of jurisprudence of ethics.
 The second objective is to discuss the evolution of professional ethics.

Research Methodology:
The project will be consuming primarily the secondary sources ranging from online research
papers, articles, provisions of law and various other websites for research purpose.

Research Questions:
 What is the international perspective of ethics in legal profession?
 What is the Indian perspective of ethics in legal profession?

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 OBJECT OF PROFESSIONAL ETHICS

The primary object of ethics in advocacy is to maintain the dignity and integrity of the legal
profession. Legal ethics ensure that the legal fraternity serves the society honestly and present
each case in the most formal way possible so that the litigants have faith on not only their legal
representative or lawyer but also on the justice system. Not only the lawyer but also the judge
needs to have a sense and understanding of legal ethics in order to maintain the functionality of
Indian Courts. One of the fundamental aims of legal ethics is to seek a spirit of friendly
cooperation amongst the bar, bench and the clients. Standards of ethics exist between the lawyer
and his client, opponent and the witness being questioned and of course between the Judge and
the lawyer.
The legal profession has been created by the state to serve the litigatory needs of the public.
Thus, it is not a business it’s a profession. Consequently, there is 3 fundamental basis of legal
ethics that gives an insight into the essence of the legal profession:
 The organisation of its members in order for the performance of their function;
 Maintain certain standards at both the intellectual and ethical level to preserve the dignity
of the profession;
 Pecuniary gains must be subordinate to the client’s interest.

NATURE OF PROFESSIONAL ETHICS

Professional ethics refers to the moral principles and values that guide the behavior of
individuals and organizations in the professional world. It encompasses the standards of conduct
that are expected of professionals in their interactions with clients, colleagues, and the public.
Professional ethics are based on the principles of honesty, integrity, accountability, and respect
for others. They are designed to ensure that professionals act in the best interests of their clients
and the public, and that they maintain the highest standards of professionalism and competence
in their work.
Professional ethics also involve a commitment to ongoing learning and development, as well as
a willingness to adhere to ethical codes of conduct and to report any unethical behavior that is
observed. In many professions, there are formal codes of ethics that provide guidance on ethical
behavior and outline the consequences of violating ethical standards.
Overall, the nature of professional ethics is to promote trust, integrity, and accountability in the
professional world, and to ensure that professionals act in a manner that is consistent with the
values and expectations of their clients, colleagues, and the public.
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ORIGIN AND EVOLUTION OF ETHICS IN LEGAL PROFESSION

Ancient Origins
The concept of ethics in the legal profession can be traced back to ancient civilizations, where
the role of the advocate was first established.
Ancient Greece,
for example, orators such as Demosthenes and Isocrates were known for their skills in
representing clients in legal disputes. These early advocates were expected to adhere to a code of
conduct that emphasized honesty, integrity, and a commitment to justice.
Ancient Rome,
the legal profession was highly respected, and practitioners were expected to adhere to a strict
code of ethics. The Roman jurist Cicero, in his work "De Officiis," outlined the moral duties of a
lawyer, emphasizing the importance of honesty, integrity, and the pursuit of justice. This early
code of ethics laid the foundation for the development of legal ethics in Western civilization.
During the Middle Ages,
the Christian Church played a significant role in shaping the ethical standards of the legal
system. The Church developed a complex system of canon law that governed the behavior of
clergy and laypeople alike. Canon law was based on the principles of natural law and was
intended to promote the spiritual well-being of individuals and society as a whole. The Church
also developed the concept of natural rights, which held that individuals had certain inherent
rights that could not be violated by the state or other individuals.
During the Enlightenment,
the concept of ethics in the legal system underwent significant changes. Enlightenment thinkers
such as Immanuel Kant and John Stuart Mill developed new theories of ethics that emphasized
the importance of reason, individual rights, and social justice. Kant believed that ethics should
be based on reason and that individuals should act in accordance with the categorical imperative,
which held that individuals should act only in ways that could be universalized. Mill, on the
other hand, believed that ethics should be based on the principle of utility, which held that
actions should be judged based on their ability to promote the greatest happiness for the greatest
number of people.

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Medieval and Early Modern Developments
During the medieval period, the legal profession continued to evolve, and the concept of ethics
became more formalized. In the 13th century, the Inns of Court were established in England as
professional associations for barristers. These institutions played a crucial role in the
development of legal ethics, as they provided a framework for the education and training of
lawyers, as well as a forum for the discussion and enforcement of ethical standards.
In the early modern period, the legal profession continued to expand, and the need for a more
comprehensive and codified system of ethics became apparent. In 1760, the English jurist Sir
William Blackstone published his seminal work, "Commentaries on the Laws of England,"
which included a discussion of the ethical duties of lawyers. Blackstone emphasized the
importance of honesty, integrity, and a commitment to justice, and his work served as a
foundation for the development of legal ethics in the English-speaking world.

ETHICS IN LEGAL PROFESSION: INTERNATIONAL

PERSPECTIVE

The American Experience

In the United States, the legal profession has its roots in the colonial period, when lawyers
played a crucial role in the development of the American legal system. Early American lawyers,
such as Thomas Jefferson and John Adams, were deeply influenced by the ethical principles
espoused by Blackstone and other European jurists.
In the 19th century, the American legal profession began to develop its own distinct code of
ethics. In 1854, David Hoffman, a prominent American lawyer, published his "Fifty Resolutions
in Regard to Professional Deportment," which outlined the ethical duties of lawyers in the
United States. Hoffman's work emphasized the importance of honesty, integrity, and a
commitment to justice, and it served as a foundation for the development of legal ethics in the
American context. In 1908, the American Bar Association (ABA) adopted the Canons of
Professional Ethics, which represented the first comprehensive code of ethics for the legal
profession in the United States. The Canons were heavily influenced by Hoffman's work and the
ethical principles espoused by Blackstone and other European jurists. Over time, the Canons
were revised and expanded to reflect the changing nature of the legal profession and the
evolving needs of society.

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Modern Developments
In the 20th and 21st centuries, the legal profession has continued to evolve, and the concept of
ethics has become increasingly complex and nuanced. In response to these changes, the ABA
adopted the Model Rules of Professional Conduct in 1983, which replaced the Canons of
Professional Ethics. The Model Rules provide a more comprehensive and flexible framework for
the regulation of legal ethics, and they have been widely adopted by state bar associations across
the United States.
The Model Rules emphasize the importance of honesty, integrity, and a commitment to justice,
as well as the duty of lawyers to maintain client confidentiality, avoid conflicts of interest, and
provide competent representation. In addition, the Model Rules recognize the need for lawyers
to engage in pro bono work and to promote diversity and inclusion within the legal profession.

ETHICS IN LEGAL PROFESSION: INDIAN PERSPECTIVE

In India, the legal profession has a long history dating back to ancient times. The earliest known
legal system in India was the Vedic legal system, which was based on the Vedas, the ancient
Hindu scriptures.

Vedic legal system

The Vedic legal system was primarily concerned with resolving disputes between individuals
and maintaining social order. Over time, the legal system in India evolved to include a variety of
different legal traditions, including Hindu law, Islamic law, and British common law. The
British colonial period had a significant impact on the legal profession in India, as the British
introduced a modern legal system based on English common law.

Colonial period
During the colonial period, the legal profession in India was largely dominated by British
lawyers, who were often accused of exploiting the Indian people and perpetuating colonialism.
However, Indian lawyers also played an important role in the struggle for independence, using
their legal skills to challenge British rule and advocate for Indian rights.

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Post independence
After independence, the legal profession in India underwent significant changes. The Indian
Constitution, which was adopted in 1950, established a democratic and secular legal system
based on the principles of justice, equality, and liberty. The Constitution also established the
Supreme Court of India, which is the highest court in the country and has the power to interpret
the Constitution and protect the rights of citizens.

In recent years,
the legal profession in India has faced a number of ethical challenges. One of the most
significant challenges has been the issue of corruption, which is a pervasive problem in many
sectors of Indian society. Some lawyers have been accused of engaging in unethical practices,
such as taking bribes or using their influence to secure favorable outcomes for their clients. To
address these challenges, the legal profession in India has taken a number of steps to promote
ethical behavior among lawyers. The Bar Council of India, which is the regulatory body for
lawyers in the country, has established a code of ethics for lawyers that outlines the ethical
standards that they are expected to uphold. The code of ethics includes provisions on
confidentiality, conflict of interest, and professional conduct.

The Advocate Act, 1961

The All India Bar Committee had come up with a few recommendations based on the Law
Commission’s recommendations relating to the legal ethics and legal profession. Thus, under the
auspices of these recommendations, the Legislature implemented the Advocate Act, 1961.
Subsequently, the Bar Council of India was established by the Parliament under Section 4 of the
1961 Act. This Act lays down the functions of the Bar Council of India (BCI) under Section 7.
The Bare Council of India thus lays down standards of professional Code of conduct and
etiquettes to be followed by advocates under Section 7(1)(b). Interestingly, this very function of
the Bar is also laid down under Section 49(1)(c). According to Section 49(1)(c), the Bar is
empowered to make rules for the standard of professional ethics that needs to be observed by
advocates.

Bar Council of India Rules

Bar Council of India Rules is framed by the BCI under Part VI of Chapter 2. This chapter deals
with the standard of professional ethics and conduct of lawyers. It is important to go through the
rules briefly to understand the importance of professional ethics of a lawyer towards the Court

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and the Client.

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RULES ON ADVOCATES DUTY TOWARDS COURT
The Bar Council of India prescribes certain duties that an advocate must fulfil.
1. Act in a dignified manner: any advocate before the court (while presenting his case) is
required to have self-respect and conduct himself with dignity. In re D.C. Saxena, AIR
(1966)- This rule actually empowers an advocate to submit a complaint against a judicial
officer. However, such a complaint shall be submitted to the proper authority.
2. An advocate must maintain a respectful attitude while at court and shall respect the
dignity of the judicial office: In the case of U.P. Sales Tax Service Association v
Taxation Bar Association (19951) it was stated that the survival of a free community is
endangered if an advocate doesn’t show respect or recognises the dignity of the judicial
officer. It potentially lowers the spirit of the court.
3. Not to communicate in private: this rule was well explained in the case of Rizwan-Ul-
Hassan v. State of U.P. (1953) 2 It was observed that an advocate shall not try to seek
favourable decisions by any illegal means including bribing the court or communicating
any favour in private. Thus, this rule prohibits any private communication with the judge
which would be specifically regarding a pending case. It is considered as a gross form of
professional misconduct if at all an advocate tries to influence the decision of the court
by having private communication with the judge.
4. Refuse to act in an illegal manner towards the opposition: An advocate is also required
to prevent his client from resorting to unfair practices relating to the court, opposing
counsel or opposite parties or even co-parties. The advocate must earnestly restrain and
explain the implications and the consequences of such unfair practices. This rule also
empowers an advocate to refuse to represent a client if he/she insists on such improper
conduct.
5. An advocate shall have his own sense of judgement and mustn’t use strong language
in the court of law: This is another important Rule laid down that the advocate is
expected to have his own sense of judgment regarding the cause or the case he/she is
representing. In the case of M.Y. Shareef & Anothers. V. Hon’ble Judges of Nagpur
High Court & Ors. (1954)3, it was observed that an advocate is not a mere mouthpiece of
the client. Legal counsel must exercise his/her own judgement. An advocate must also
restrain oneself from

1
1996 AIR 98, 1995 SCC (5) 716
2
1953 AIR 185 1953 SCR 581
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3
1955 AIR 19, 1955 SCR (1) 757

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 the use of scurrilous remarks while in pleadings. They shall use intemperate language
during pleadings in court.
6. Appear in proper dress code: Legal profession is one of the few professions that have a
designated uniform. The court demands that an advocate must necessarily show up
inappropriate dress code. There have been instances in court where cases have either
been postponed or dismissed for that matter due to the lack of proper dress code that
should have been followed by the representing legal counsel. Thus, if an advocate is
improperly or inadequately dressed, he is not only looked down upon but also his
appearance is a breach of the prescribed dress code.
7. Refuse to appear in front of relations : this rule is laid down in Section 30 of the
Advocates Act, 1961. This rule was laid down in order to avoid conflict of interest and
bias in judgment. If there is a family tie existing between the presiding judicial officer
and an advocate, then the advocate shall not appear in such cases and shall request for the
change in bench.
8. Not to wear bands or gowns in public places : the advocate cannot utilise his/her gown
or band in other public places unless in any ceremonial occasions that the Bar Council of
India and the court may prescribe.
9. Not to represent establishments of which he is a member: The rule simply provides
that an advocate is not allowed to represent, defend or even stand against an organization,
institution, society, corporation etc. if he is a part of the executive committee of such
institutions. However, an advocate can appear as an ‘amicus curiae’ on behalf of a Bar
Council.
 Not appear in matters of pecuniary interest: An advocate shall not act or plead in any
matter in which he himself has some pecuniary interest.
 Not stand as surety for the client: sometimes parties at court or litigants are required to
give surety to the court. An advocate shall not stand as a surety for his client in any legal
proceedings.

RULES ON ADVOCATES DUTY TOWARDS CLIENT

Just as an advocate owes duty towards the court he/she is also obligated to follow Rule 11 to Rule
33 that prescribes an advocate’s duties towards his client. They are as follows:
1. Bound to accept briefs: Rule 11 lays down that an advocate is bound to accept any
brief in the court that is if he proposes to take up without any fee at the Bar council.
In

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 S.J. Chaudhary v. State4, the Supreme Court held that if an advocate doesn’t attend a
case day to day he would be liable for breach of professional duty. This observation
was based on the fact that a lot of advocates don’t appear at the court and then his
client has to bear the brunt of it.
2. Not to withdraw from service: Rule 12 provides that an advocate shall give the
client reasonable and sufficient notice before withdrawing from an engagement. He
shall not withdraw without any reasonable grounds. If he withdraws himself with
sufficient cause he is bound to refund the fee (even a part of it if not earned).
3. Not to appear in matters where he himself is a witness : Rule 13 provides this rule
as it can give rise to a conflict of interest. It must be noted that if an advocate is a
witness of a party and he is asked to represent the other side then only such an
advocate shall refrain from taking up such matters. In Kokkanda B. Poondacha v.
K.D. Ganpathi5, the Court has upheld this rule as the parties could be disadvantaged.
4. Full and frank disclosure to the client: Rule 14 provides that an advocate is
expected to be honest with his client before the commencement of his engagement.
He is obligated to reveal whether he has any connection with the other side of parties
and any interest in their case. Otherwise, this creates controversies and also affects
his client’s judgment to carry forward such an engagement.
5. Uphold interest of the client: Rule 15 provides that an advocate owes his loyalty to
his client and must uphold the interest of his client fearlessly and honestly by all fair
means. He shall not give regard to unpleasant consequences that he may bear.
6. Not to suppress material or evidence : suppressing material evidence is absolutely
disregarded in the court of law. This rule is provided under Rule 16. It basically
provides that if a prosecutor in a criminal trial tries to suppress material evidence that
may lead to the innocence of the accused or taint the justice of the victim if shall be
considered a gross breach of professional conduct and can also invite legal trouble for
themselves. Thus, such an act or omission shall be scrupulously avoided.
7. Not to disclose the communications between the client and himself: Rule 17 is
also one of the most important obligations followed by an advocate. A non-disclosure
agreement is always signed between the client and the advocate. Since there exists a
fiduciary relationship between the client and the advocate, breach of confidentiality is

4
1984 AIR 618 1984 SCR (2) 438
5
(2011) 12 SCC 600

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 taken seriously even at the court of law. This rule is also incorporated in Section 126
of the Indian Evidence Act, 1872.
8. Not charge depending on the success of matters: Rule 20 provides that an advocate
shall not charge depending upon the success of the lawsuit. Such a practice is
opposed to public policy. Anu such contract for a contingent nature of fee against
Section 23 of the Indian Contract Act.
9. An advocate must not lend money to his client: Rule 32 provides that when an
advocate lends money to his client then interest is created. Such a creation of interest
if not allowed as it affects the advocate’s sense of judgment and also disallows the
client to think upon before commencing with engagement.
10. Not appear for opposite parties: Rule 33 provides that an advocate shall not
represent the opposite party after withdrawing from the case on behalf of the previous
party.

In addition, the legal profession in India has established a number of institutions and
organizations to promote ethical behavior among lawyers. These include the National Law
School of India University, which offers courses on legal ethics and professional responsibility,
and the Indian Law Institute, which conducts research on legal ethics and provides training for
lawyers.

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 CONCLUSION: AN ANALYSIS

The evolution of ethics in the legal system has been shaped by a variety of factors, including the
legal traditions of different cultures, the influence of philosophy and religion, and the changing
needs of society. Today, ethics in the legal system is a complex and multifaceted concept that
encompasses a wide range of moral and ethical principles. Legal professionals are expected to
adhere to strict ethical standards that govern their behavior and ensure that they act in the best
interests of their clients and society as a whole. These ethical standards are enforced by
regulatory bodies such as bar associations and professional organizations, which have the power
to discipline lawyers who violate ethical rules and regulations. The legal profession also has a
strong tradition of pro bono work, which involves providing legal services to individuals and
organizations who cannot afford to pay for them. This tradition reflects the legal profession's
commitment to promoting justice and serving the public interest. The legal profession also has a
responsibility to promote diversity and inclusion, to use technology in an ethical manner, and to
uphold the highest standards of professionalism and integrity.
Overall, the evolution of ethics in the legal profession in India has been shaped by a variety of
factors, including the country's legal traditions, its colonial history, and its democratic values.
While the legal profession in India continues to face ethical challenges, there are also many
efforts underway to promote ethical behavior among lawyers and uphold the highest standards
of professionalism and integrity.
At their core, these principles emphasize the importance of honesty, integrity, and a commitment
to justice, and they serve as a reminder of the crucial role that lawyers play in upholding the rule
of law and maintaining the fabric of society.

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 BIBLIOGRAPHY

 http://docs.manupatra.in/newsline/articles/Upload/E45CDC05-BF94-46F6-A9A3-
81424EE2DABD.pdf
 http://law.uok.edu.in/Files/5ce6c765-c013-446c-b6ac-
b9de496f8751/Custom/P.E.%20unit_4.pdf
 http://www.legalserviceindia.com/legal/article-911-professional-ethics-for-lawyer.html
 https://www.indialegallive.com/top-news-of-the-day/legal-eye-articles/importance-of-
ethics-a-question-of-integrity
 https://www.britannica.com/topic/legal-ethics

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