chapter 6- Darwin’s Theory in Legal Profession.

Darwin’s theory is that ‘Survival of the Fittest’. It means that only fit person will survive and others cannot survive in this world. This theory very much implies to the legal person also. It is true that only professionally fit person alone can survive in the legal profession and others cannot survive.


Though every lawyers are entering the profession, only very few of them continue in the legal profession, and others leave the profession in the middle. One can survive in the legal profession, only he acquires the good qualities of Advocacy, immediately after joining the profession. If he fails to do so, he will compelled to leave the profession when others lawyers who possess the qualities of Advocacy are leading in the profession. So one should keep it in mind and act accordingly to get the good qualities of Advocacy.


Meaning of Professional Ethics

The word ‘ethics’ derived from the Greek word ‘ethos’. It means the habitual mode of conduct Professional ethics means a conduct written or unwritten which prescribes the duties of a profession (legal Profession). The legal Profession and the judiciary as a whole in all countries have been honoured as the ‘pure fountain of justice’ and enjoys high esteem of respect. In order to maintain the respect, lawyers have to follow certain ethical regulations. S.49(I) (C) of the Advocates Act, 1961 empowers the bar council of India to make rules prescribing the standards of professional conduct and etiquette to be observed by the advocates. The rules made by the Bar council shall come into effect only when it is approved by the Chief justice of India. In exercise of this rule making power the Bar Council of India has made several rules prescribing the standards of professional conduct and etiquette for the advocates. These rules specifies the duties of an Advocate to the court, client, opponent and colleagues etc. These rules are broadly called as professional ethics.


Meaning of the term Etiquette

The term etiquette is slightly different from the term ethics. It refers to the pattern of behavior and the mode in which the person is required to conduct himself. It springs from the long habit and custom. Etiquette consists of the following elements namely, elegance, dignity and decency. The legal profession observe these things as an etiquette. In order to protect the dignity of the profession the members must observe the etiquette very strictly. The etiquette requires that an Advocate should behave himself as an officer of the court, a privileged member of the community and a gentleman.



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