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Ethics Assignment11

Ethics project

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Sumit Thakur
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510 views5 pages

Ethics Assignment11

Ethics project

Uploaded by

Sumit Thakur
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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LL.

B VI TERM
LAW CENTRE -I
FACULTY OF LAW UNIVERSITY OF DELHI

ADVOCACY, PROFESSIONAL ETHICS AND


ACCOUNTANCY FOR LAWYERS
PAPER LB-601

WRITE UP ON ETHICAL DILEMMA

Submitted To: M

NAME:
SECTION:
CLASS ROLL NO.:
EXAMINATION ROLL NO.:
DATE: -0 -202

0|Pag e
ETHICAL DILEMMA FACED IN INTERNSHIP
Ethics is knowing the difference between what you have the
- Potter Stewart

Incident: I happened to visit various courts during my two


months of internship at the chambers of a senior advocate at the
Supreme Court of India. During one such visit at Tis Hazari,
District Court I found an advocate collecting money outside the
court room from various individuals on the pretext of waiving off
their challans. He would collect at first 100 rupees and later on
asked them to pay a

advocate was taking advantage of


financial weakness and unwillingness of people to pay up the
penalty imposed by the law.

RESULTANT EFFECT OF UNETHICAL PRACTICE

The resultant effect of the unethical practice is that it is in direct


contraventions of the rules enumerated in the provisions and
preambles of various acts. It puts the court and advocacy as a
profession in bad light. It shows that advocates are not moral
in character and may go to any extent to earn a few bucks. It
scars the sanctity of court for life in the eyes general public.

Chapter II of the Bar council of India rules


state the Standards of Professional Conduct and Etiquette which it
has formulated under the provisions of Section 49 of the
Advocates Act, 1961. The said section reads as:

General power of the Bar Council of India to make rules. 1[

1|Pag e
(1) ] The Bar Council of India may make rules for discharging its
functions under this Act, and, in particular, such rules may
prescribe 2[(a) the conditions subject to which an advocate may be
entitled to vote at an election to the State Bar Council including the
qualifications or disqualifications of voters, and the manner in which
an electoral roll of voters may be prepared and revised by a State Bar
Council;

(c) the standard of professional conduct and etiquette to be


observed by advocates;

The portion of the preamble of chapter II states An advocate shall,


at all times, comport himself in a manner befitting his status as an officer of
the Court, a privileged member of the community, and a gentleman,
bearing in mind that what may be lawful and moral for a person who is not
a member of the Bar, or for a member of the Bar in his non-professional

ACTIONS WHICH COULD BE TAKEN AND RELEVANT


CASE LAWS

of the Advocates act states the punishment for


an advocate for misconduct.

In Black's Dictionary, misconduct has been described as a


transgression of some known and definite rule of action, a
prohibited act, a dereliction of duty, unlawful behaviour,
inappropriate or incorrect behaviour.

In Noratanmal Chaurasia v. M.R., the case The Supreme Court


held that misconduct was not specified in the Advocates Act, 1966,
but misconduct envisages violation of discipline, although it
would not be possible to set out exhaustively what would
constitute misconduct and indiscipline, which, however, is broad
enough to include wrongful omission or commission, whether

2|Pag e
done or omitted to be done intentionally or unintentionally It has
been concluded.

In Re Tulsidas Amanmal Karim that any behaviour that in any


way renders a person unfit for the exercise of his profession or is
likely to influence or embarrass the administration of justice by the
High Court or any other subordinate court may be regarded as
misconduct.

In essence, Section 35 of the Advocates Act gives that where on


receipt of grumbling or in any case a State Bar Council has the
motivation to accept that any advocate on its roll has been
blameworthy of an expert or other unfortunate behavior, it will
allude the case for removal to its disciplinary advisory group.

V C Rangadura v. D. Gopalan 1979 SCR (1) 1054 Justice Krishna


Iyer observed that Sec. 35(3) has a mechanistic texture, a set of
punitive pigeon holes, but we may note that words grow in content
with time and circumstance, that phrases are flexible in semantics,
that the printed text is a set of vessels into which the court may
pour appropriate judicial meaning. That statute is sick which is
allergic to change in sense which the times demand and the text
does not countermand. The court is superficial which stops with
the cognitive and declines the creative function of construction.
So, they take the view that 'quarrying' more meaning is permissible
out of Section 35(3) and the appeal provisions, in the brooding
background of social justice, sanctified by Article 38, and of free
legal aid enshrined by Art. 39A of the Constitution. Section 37 (2)
empowers the Bar Council of India widely to 'pass such an order
as it deems fit.' And the Supreme Court, under Sec. 38 enjoys
ample and flexible powers to 'pass such an order. as it deems fit'
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IN Mahipal Singh Rana, Advocate v. State of Uttar Pradesh
(MANU/SC/0730/2016) It was held that in case of failure of Bar
Council to take appropriate actions in case of misconduct, the
Supreme Court can take actions Under Section 38 of the Act
whereas, the same power can be availed by High Court under
Article 226.

RESPONSE TO SITUATUION AND SUGGESTIONS

As sad as it sounds, I reported what I saw to senior I was


accompanying to the court and he did nothing and waited for his
case name to be called out. I being an intern turned a blind eye to
the situation and did nothing as well.
A lawyer has a duty to his client, a duty to his opponent, a duty to
the court, a duty to the community at large and a duty to himself
while discharging his professional assignment.
The legal profession is one profession which is embedded with
revered principles. It is expected that an advocate would maintain
those values. He must comply with the conduct set out by the Bar
Council of India of professional ethics and etiquette.
Advocates have a dual obligation to fearlessly protect the rights of
their clients while conducting themselves as court officers. It is
also required that they will adhere to the highest levels of probity
and honour. The actions of an Advocate should represent the
privileged place in society resulting from the nobility of this
career.
In addition, seminars on the ethical etiquettes to advocates by their
respective state councils is the need of the hour.
Furthermore, inspection by a judicial officer or anyone appointed
by the CJM under such capacity should take place outside the
Challans court so as to stop such advocates from demeaning the
court and taking advantage of the downtrodden.
It is, therefore, consequently, crucial that bar affiliations create a
strict disciplinary methodology.

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