CHAPTER 2 PROFESSIONAL ETHICS

Updated: Oct 11, 2020

PROFESSIONAL ETHICS, MEANING & SCOPE

The legal profession is one of the noblest and the brilliant professions of the world. Absolute

independence is its characteristic feature. "Ethics “of the legal profession, embodies a code of conduct, a set of standard moral principles which should be observed by a legal practitioner in relationship with his client, the court, the profession, his brethren and himself. The Bar Council of India has framed the rules for professional conduct which are to be followed by the members of the profession.


Every profession has a code of morality and the legal profession has its own code for observance by those who are in the profession. The first and the foremost principle is that an advocate should be a ''Gentleman". Honesty and integrity are his priced virtues in the profession. Moral excellence is like a torch in the darkness. He should not falsify facts or conceal a wrong by restoring to deception. He should not accept any work which is not honourable. He should not appoint touts to canvas business for him. He should not advertise. He should not undersell himself. Junior in the profession should be treated with kindness by the seniors.


Abbot Parry J has summarised the qualities of an advocate in his book "The Seven Lamps ofAdvocacy”. He States that Honesty, Courage, Industry, wit, eloquence judgment and fellowship are the seven lamps that spread light and bring glory .to the advocate. The Advocates Act 1961, has provided for disciplinary action against those advocates who are guilty of "Professional or other misconduct". The disciplinary committee, after duly conducting an enquiry (by giving notice and hearing) is empowered to suspend, reprimand or remove an advocate from the rolls. Appeal is allowed to the Bar Council of India and then to the Supreme Court.


If fine, the principles of professional ethics are not just the moral norms, they have the force or the sanction under the Advocates Act. Those who are guilty of misconduct should be punished, and in that direction the Advocates Act is a progressive and regulatory enactment.

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