Roll No.

066
SAP ID 500070792
UNIVERSITY OF PETROLEUM AND ENERGY STUDIES
Mid Semester Examination, March 2023

Course: Professsional Ethics and Professional Accounting System Course Code: CLCC5006
Programme: BA LLB/BBA LLB/ BCOM LLB/ B.Tech (CSE) LLB/ BSc LLB/EL/CrL/CL/IPR/
/CL/ITIL/Tax Law/Labour Law Semester: X

Time: 02 hrs. Max. Marks: 100 (weightage 20% in the grade sheet)

Instructions: All questions are compulsory.

S. No. Marks CO
Q.1 Judge Edward Abbot Parry stated that the good Lawyer is not the man who has an 20 CO1
eye to every side and angle of contingency and qualifies all his qualifications, but
who throws himself on your prat so heartily that he can get you out of a scrape.
Referring to above mentioned statement discuss the essential qualities that an
advocate must possess to succeed in his profession.
Ans.1 The above statement by Judge Edward Abbott Parry simply state a quote in reference
to the essential quality that an advocate must possess to achieve success and growth
in his future career as it is well said that a man must labour like a horse and live like
a hermit,
There are seven lamps of defence given by Edward Abbot Parry these are:-
Honesty
Lawyers must be honest because they have a fiduciary duty to act in the best interest
of their clients. Such honesty must be demonstrated in all your actions, including
giving arguments, ideas, and words.Honesty and openness reflect the characteristic
of not relying on deceit, dishonesty, cheating, or any other unethical or illegal
behavior. If so, it will be considered a professional foul and your progress will be
affected.
Courage
The link between courage and honesty is undeniable. The ability to remain
courageous under pressure and agony will be enhanced by refined legal knowledge,
talents, and other truthful attributes Good lawyers should always have
compassionate and an excellent work ethic. A lawyer, no matter how competent or
results-oriented, will never be recognized as an expert in this profession unless he
has value. Courage is associated with pacifists who have a strong moral compass and
the ability to defend their clients in court. Accordingly, lawyers should not hesitate to
take action, even dissent, for fear of harm.

Wit
Wit refers to the ability to recognize and communicate the connections between
concepts that provoke humor and pleasure. In other words, it is the ability to think
clearly and speak concisely while expressing yourself creatively. The term "wit
illuminates the darkness of defense" alludes to the importance of this illumination.
But why is it necessary for a lawyer to have this quality? Because it is the result of
intelligence, intellect, cunning, and mental acuity, it offers many abilities for critical
analysis.In addition, arguments, presentation of evidence, cross-examination, and
persuasion by the jury or court are part of the defense. A prepared and rehearsed
speech will never really do you any good in court, but quick wit will.

Industry
This lamp suggests that lawyers excel in all the skills necessary to stay or thrive in
the field of law. The law is dynamic, evolving to meet the demands of society and
adapting to the changing status quo. Without the proper legal experience, no lawyer
can be successful. You must have spent enough time on the case to be able to handle
it properly and increase your chances of winning. Our legislation is not static; it
evolves in response to the changing needs of society to face new challenges. This
new legislation should be reviewed by a lawyer. Even if a lawyer was competent
enough to handle all the cases in the past, if he suddenly does not keep up with the
new legislation, he will find it difficult to handle the case in the present. There is no
alternative to forced labor.

Eloquence
Eloquence is the ability to speak, and it is a panacea for all other forms of
incompetence. However, eloquent speech differs from simply utterable speech in that
it leaves a lasting impression on the judge, as well as clients and listeners.
Eloquence, in general, refers to smooth, error-free communication that has a
convincing effect, but it never refers to bombastic speech that sounds better than it is.
Speech fluency can be cultivated, but it is an ongoing process that requires the
practitioner to have a deep understanding of the subject.

Judgment
The most significant of the Seven Lamps of Defense is this. judgment is the ability
of a lawyer to determine the aggregate facts of the case, determining the merits and
demerits of the case. Anticipate and counter possible counterarguments by having the
brainpower to discern the appropriate turning point in the case. Essentially, it is the
process of turning good judgment into a good deed.He shall be obligated to notify his
 clients of the exact legal status of their case.He must be able to select the alternative
that appears to be the best at the time of decision, also considering all conceivable
scenarios.

Fellowship
When litigating, lawyers clearly oppose it to protect the interests of their clients.
However, such verbal confrontation in court will not affect their good relationship
because they are opponents, not rivals. To fulfill this interest, lawyers must join the
Bar Association where they could all be one as a unified body and not as rivals.

Q.2 The term Vakil was first used under the Mughal Era. Vakils were not true representatives 20 CO 1
of their clients. They were not given any fixed amount as fees, rather were given an amount
of valuation of the suit as remuneration. In reference to this illustrate the journey of the legal
system in India
Ans 2 The history of Lawyers and legal system started from the medieval times
In Muslim times, the profession of lawyer existed since the litigant designated his
vakils. This body decides the case and they received a percentage of the value of the
lawsuit. However, at that time, advocacy was not as organized. The Vakils worked as
agents of the rulers, but not as lawyers.

Legal System in British India:

During the British period, the model legal system was developed in India. Prior to
1726, the courts derived their power not from the British Crown, but from the East
India Company.

Charter of 1726:
The year 1726 marked the beginning of a new phase in the evolution of judicial
institutions in India. Supreme courts were established in the presiding cities of
Bombay, Calcutta and Madras, they were the royal courts. The courts heard all civil
cases, the means of action between the parties, they followed the procedure based on
English law. But there was no possibility of getting a legal education. Many people
who do not know the law practiced before the said courts. The mayor's court has no
jurisdiction in criminal matters. Criminal jurisdiction was vested in the governor.

Charter of 1753:
It was issued to amend the charter of 1726. This charter also ignored important
provisions for legal training and education related to legal professionals, and as such
after this charter the legal profession has no not been organized either.
 Charter from 1774:
The British Crown issued a charter in 1774 by which the Supreme Court of Justice
was established in Calcutta. Section 2 of the Charter empowers the aforementioned
Supreme Court to approve and register lawyers and prosecutors. The Supreme Court
had the power to remove any attorney or prosecutor for reasonable cause.
Even the 1774 Charter did not provide for Indian lawyers to appear and plead before
the Supreme Court.“Lawyer” means UK and Irish solicitors.“Prosecutor” means the
solicitor or UK solicitor.

Indian High Courts Act, 1861:

Under this Act, the British Crown issued the Charter to establish a High Court in
each city of the Presidency. Civil courts were organized in provinces also from then
on.

Law Practitioners Act, 1879:

It was enacted to consolidate and amend the Law Professionals Law. It provided that
a lawyer or vakil registered in the registry of any higher court may practice in all
jurisdictions subordinate to the courts in the registry in which he was registered.
Under this Act, the High Court was empowered to make rules in accordance with the
law on the suspension and removal of litigants and mukhtars. The litigants and the
mukhtars were the Indian lawyers, but the lawyers had to be the lawyers.

Legal System in India After Independence:

All India Bar Committee, 1951:
The All India Lawyers Committee was formed under the chairmanship of Justice
S.R. Das. The Committee in its report recommended the formation of the All India
Bar Council and the State Bar Council. It recommends the power of registration,
suspension, or removal of an attorney to the Board of Advocates. It further
recommended against further recruitment of non-graduate or Mukhtar defenders.

Advocates Act, 1961:

The central government enacted the Advocates Act in 1961. This law was enforced
all over India. This brought revolutionary changes in the legal profession in India. It
is set out to achieve the usefulness and dignity of the legal profession across India.
The preamble to the law says that the law changes as well as consolidates laws
relating to legal practitioners. And even till date this act is being followed.
Q.3 An advocate is a citizen of India, provided that subject to the other provisions contained in 20 CO 3
this Act, a national of any other country may be admitted as an advocate on a state roll, if
 citizens of India, duly qualified, are permitted to practice law in that other country. Referring
to this mention the qualifications and disqualifications to become an advocate as mentioned
in the Advocates Act
Ans.3
Admission and Enrolment of Advocates in India Qualification for admissions under Section
24 of the Advocates Act 1961,
1. He shall be a citizen of India
2. He has completed the age of twenty-one years
3. He has obtained a degree in law
4. He fulfills such as other conditions as may be specified in the rules made bythe State Bar
Council under this chapter.
5. He has paid in respect of the enrolment stamp duty if any, chargeable underthe Indian
stamp Act, 1989 and an enrollment fee payable to the state Bar Council and Bar Council of
India.
Section 24(2) of the Advocate Act, makes it clear that a vakil or apleader who is a law
graduate] may be admitted as an advocate on a State roll, if he —
(a) makes an application for such enrollment in accordance with theprovisions of this Act,
not later than two years from the appointed day,and
(b) fulfills the conditions specified in clauses asmentioned above.
Additional qualification for enrolment as an advocates can be to any person who has held an
office as a Judge in any High Court in India or may on retirement be admitted as an advocate
on the roll of any State Council where he is eligible to practice.

The grounds for Disqualification as an advocate can be seen under Section 24 A of the Act,
(1) No person shall be admitted as an advocate on a State roll —
(a) if he is convicted of an offence involving moral turpitude
(b) if he is convicted of an offence under the provisions of the Untouchability (Offences)
Act,1955
(c) if he is dismissed or removed from employment or office under the State on any
chargeinvolving moral turpitude.Provided that the disqualification for enrollment as
aforesaid shall cease to have effect after aperiod of two years has elapsed since his release or
dismissal or, as the case may be removal.
(2) Nothing contained in sub-section (1) shall apply to a person who having been found
guiltyis dealt with under the provisions of the Probation of Offenders Act, 1958.
Rule 7A of Part VI of the BCI Rules:Any person applying for enrolment as an Advocate
shall not be enrolled,if he is dismissed, retrenched, compulsorily retired, removed
orotherwise relived from Government service or from the serviceunder the control of the
Hon’ble High Courts or the Hon’bleSupreme Court on the charges or corruption or
dishonesty unbecoming of an employee and a person having such disqualificationis
 permanently debarred from enrolling himself as an advocate”

Q.4 The Advocates Act, 1961, has made provisions for the establishment of Bar 20 CO 4
Councils. The Bar Council will be two patterns - Bar Council of India and State Bar
Council. Under Section 3 of the Act State Bar Council will be established. One of
the most important functions of the State Bar is to maintain the roll of advocates.
Explain
Ans 3
Among others it has to lay down the standards of professional conduct and etiquette and
also standards of legal education.The State Bar Council enrolls of advocates and
enforcement of discipline is part of the obligations of the State Bar Council and the Bar
Council of India exercises appellate jurisdiction.
(a)To admit persons as advocates on its roll
(b) To prepare and maintain such roll
(c) To entertain and determine cases of misconduct against advocates of its roll
(d) To safeguard rights, privileges and interests of advocates of its roll
[e]To promote the growth of Bar Associations for the purposes of effective implementation
of the welfare schemes referred to in clause
(f)To promote and support law reform;
[g) To conduct seminars and organise talks on legal topics by eminent jurists and publish
journals and papers of legal interest;
(h) To organise legal aid to the poor in the prescribed manner;
(i) To manage and invest the funds of the Bar Council;
(j) To provide for the election of its members:
(k) To visit and inspect Law Universities in accordance with the directions given
(h) to perform all other functions conferred on it by or under this Act;
(i) to do all other things necessary for discharging the aforesaid functions.
(2) A State Bar Council may constitute one or more funds in the prescribed manner for the
purpose of:
(a) giving financial assistance to organise welfare schemes for the indigent, disabled or
other advocates;
(b) giving legal aid or advice in accordance with the rules made in this behalf;
(c) establishing law libraries.
(3) A State Bar Council may receive any grants, donations, gifts or benefactions for all or any
of the purposes specified in subsection
 (2) which shall be credited to the appropriate fund or funds constituted under that sub-
section.]
Q.5 An advocate who is suspended from practise is debarred from practising in any court
or before any authority or persons in India. The disciplinary committee of a state Bar
Council may of its own motion or otherwise review any order passed by it, but no
such order shall have effect unless it has been approved by the Bar Council of India.
Elaborate!

The bar council may held a advocate for Misconduct representation or misbehavior
or improper conduct or a forbidden act , a dereliction of duty, unlawful behavior,
willful incharacter, improper or wrong behavior'. as mentioned in the case of State of
Panjab V. Ram Singh (AIR 1992, SC 2188) - involve moralturpitude And in the case
of Naratanmal Chaurasia Vs M.R.Murli, 2004 AIR SCW 2894 – breach ofdiscipline,
wrongful omission or commission. 20 CO 2
Examples of Misconduct of Advocates -
1. Discourteous behaviour towards the Bench in the Court.
2. Involving in moral turpitude.
3. Defrauding of cheating the party.
4. Engaging in a business of profit making.
5. Failing to file a case after accepting a brief and fee plus expenses.
6. Exhibiting ill temper which has the effect of overbearing the Court.
7. Giving of improper Advice and wrong advice
8. Use of hot words or epithets or disrespectful, derogatory orthreatening language in
the court.
9. Framing of charge against Advocate