Ethics
UNIT-I
a) Legal Profession during British Period in India
During British rule, the legal system in India was shaped by English laws. The Regulating Act of
1773 led to the establishment of the Supreme Court in Calcutta. The Indian High Courts Act of
1861 created High Courts in Bombay, Madras, and Calcutta. British-trained lawyers dominated
the profession. The Legal Practitioners Act of 1879 allowed Indians to practice law. The
Advocates Act, 1961, later unified and regulated the profession under the Bar Council of India.
b) Nature, Meaning, and Scope of Legal Ethics
Legal ethics refer to the moral principles that govern the conduct of lawyers. They ensure
justice, honesty, and professionalism in legal practice. These ethics guide lawyers in maintaining
confidentiality, avoiding conflicts of interest, and upholding the dignity of the legal profession.
The scope includes duties towards clients, courts, and society. Legal ethics protect the rights of
individuals and promote fair judicial proceedings.
c) Control of Behavior and Ethics of an Advocate
The Bar Council of India (BCI) and State Bar Councils regulate the conduct and ethics of
advocates. They have the power to investigate complaints and take disciplinary action against
misconduct. Courts also play a role by ensuring lawyers follow ethical standards during
proceedings. If an advocate violates ethical rules, they may be suspended or disqualified from
practice.
d) Seven Lamps to Be a Successful Lawyer
1. Honesty – A lawyer must always be truthful and fair.
2. Courage – They should defend clients fearlessly.
3. Industry – Hard work and research are essential.
4. Wit – Quick thinking helps in arguments.
5. Eloquence – Good communication skills are necessary.
6. Judgment – Lawyers must make wise decisions.
7. Fellowship – Respect for colleagues and the profession is important.
e) State Bar Council’s Obligation to Bar Council of India
The State Bar Councils function under the supervision of the Bar Council of India. They enroll
advocates, maintain professional standards, and handle disciplinary actions. They also promote
legal education and ensure advocates follow ethical codes. They must report their activities to
the BCI and follow its guidelines.
f) Rights of Advocates
Advocates have the right to practice law in any court in India, meet and represent clients, and
access case files. They can argue in court without restrictions, refuse cases based on personal
reasons, and expect fair treatment. They also enjoy freedom of speech within legal limits while
presenting arguments in court.
g) Conditions for Removal from Advocate Roll
An advocate’s name can be removed from the roll if they commit serious professional
misconduct, such as dishonesty, fraud, or misrepresentation. Conviction for criminal offenses,
insanity, and unethical behavior can also lead to removal. The Bar Council conducts hearings
before making a decision.
h) Disqualification for Enrolment
An individual cannot be enrolled as an advocate if they have been convicted of a serious crime,
are mentally unstable, have committed professional misconduct, or do not meet the educational
qualifications set by the Bar Council of India.
i) Removal of Advocate’s Name from Roll
An advocate’s name may be removed if they are found guilty of misconduct, misusing their
position, or violating ethical guidelines. The Bar Council of India has the authority to take such
action after a proper inquiry.
j) Meaning of Advocate Roll
The advocate roll is an official record maintained by the Bar Council. It contains the names of
all registered advocates who are legally allowed to practice law in India. Only those listed in the
roll can appear in court on behalf of clients.
UNIT-II
a) Functions of Bar Council of India
The Bar Council of India (BCI) regulates legal education, enrolls advocates, and ensures
professional ethics. It sets rules for the conduct of lawyers and takes disciplinary actions against
misconduct. It also works to protect advocates' rights and improve the legal profession.
b) Objectives of Professional Ethics
Professional ethics aim to maintain honesty, integrity, and responsibility in the legal profession.
They ensure fair treatment of clients, promote justice, and protect the reputation of lawyers.
Ethics also prevent corruption and misconduct in legal practice.
c) Nature of Professional Ethics
Professional ethics are a set of moral and legal guidelines that advocates must follow. They
involve maintaining confidentiality, acting in the best interest of clients, and following legal
procedures. Ethics also include duties toward courts, clients, and society to ensure justice.
d) Confidentiality Between Advocate and Client
Confidentiality is crucial in the legal profession. Lawyers must keep all client information private
to maintain trust. Disclosing sensitive details can lead to disqualification or disciplinary action.
This rule ensures that clients can freely share information without fear.
e) Lawyer-Client Relationship
The lawyer-client relationship is based on trust and professionalism. The lawyer must provide
legal advice, represent the client effectively, and act in their best interest. The client must
provide truthful information and pay legal fees. Both must follow ethical and legal guidelines.
f) Advocate’s Duty Towards Opponent
An advocate must treat the opposing party with fairness and respect. They should not mislead
the court, use unethical tactics, or personally attack the opponent. Professionalism and honesty
must be maintained to ensure a fair trial.
g) Advocate’s Accountability to Client
An advocate is responsible for providing honest legal advice and representation. They should
not deceive clients, overcharge them, or engage in unethical practices. If an advocate fails to
act responsibly, they can be held accountable by the Bar Council.
h) Significance of the Advocates Act, 1961
The Advocates Act, 1961, unified the legal profession in India. It established the Bar Council of
India and State Bar Councils to regulate legal practice. It ensures that advocates follow ethical
standards and provides a framework for their rights and duties.
i) Role of Bar in Work Soliciting and Advertisement
The Bar Council prohibits direct advertising or soliciting work to maintain the dignity of the
profession. Lawyers cannot promote themselves through ads, social media, or direct client
approaches. They can only gain clients through reputation and referrals.
j) Paying Lawyer’s Fees as a Duty
Clients must pay reasonable fees for legal services. Advocates spend time, effort, and
resources on cases, so fair payment is necessary. This ensures a professional relationship and
allows lawyers to continue their practice effectively.
UNIT-III
a) What do you understand by misconduct in the legal profession?
Misconduct in the legal profession refers to unethical or improper behavior by an advocate that
violates professional standards. It includes dishonesty, misrepresentation, fraud, breach of
confidentiality, misleading the court, overcharging clients, or showing disrespect to the judiciary.
The Advocates Act, 1961, empowers the Bar Council to take action against misconduct to
ensure the dignity of the legal profession.
b) What is the role of the disciplinary committee in case of misconduct?
The disciplinary committee of the Bar Council investigates complaints against advocates
accused of misconduct. It examines evidence, hears both parties, and decides on penalties,
such as suspension, removal from the advocate roll, or fines. If an advocate is found guilty, the
committee can recommend strict actions to maintain professional integrity. Appeals against
decisions can be made to the Bar Council of India or the Supreme Court.
c) Explain with examples what can and cannot amount to misconduct.
● What amounts to misconduct:
○ A lawyer lying in court to mislead the judge.
○ Accepting money from both parties in a case (conflict of interest).
○ Disclosing confidential client information without permission.
○ Charging excessive fees unfairly.
○ Using fake documents to influence the court.
● What does not amount to misconduct:
○ An advocate refusing a case due to personal reasons.
○ A lawyer arguing strongly in favor of their client within legal limits.
○ Making an unintentional mistake in court.
d) What are the rules for determining misconduct?
Misconduct is determined based on legal principles and professional ethics. The Bar Council
considers factors like:
● Whether the act violates the Advocates Act, 1961 or Bar Council Rules.
● If the advocate intentionally misled the court or client.
● Whether the act harms the administration of justice.
● Whether there was any financial or personal gain involved.
● If there are previous complaints against the lawyer.
e) Mention the common roles of advocates in the legal profession.
Advocates play a vital role in ensuring justice. Their responsibilities include:
● Representing clients in court.
● Providing legal advice on rights and duties.
● Drafting legal documents like contracts and wills.
● Negotiating settlements in disputes.
● Defending the accused in criminal cases.
● Acting as mediators in resolving conflicts.
● Upholding justice and ethics in the legal system.
f) What is the procedure for cognizance of misconduct?
The process for handling misconduct complaints includes:
1. Filing a complaint with the State Bar Council.
2. Preliminary inquiry to check if the complaint is valid.
3. Formation of a disciplinary committee to hear the case.
4. Investigation and evidence collection.
5. Hearing both sides – advocate and complainant.
6. Decision by the committee, which may include warnings, suspensions, or removal
from practice.
7. Appeal process – The advocate can challenge the decision before the Bar Council of
India or the Supreme Court.
g) What is the code of ethics for an advocate towards the court?
An advocate must maintain respect and honesty in court. The key ethical duties include:
● Maintaining dignity – Showing respect towards judges and judicial processes.
● Speaking truthfully – Not misleading the court with false statements.
● Fair representation – Presenting only relevant facts and laws.
● Avoiding personal remarks – Not making abusive or derogatory comments.
● Obeying court orders – Following court rules and decisions.
h) What is the code of ethics for an advocate towards society?
Advocates are expected to contribute to society by:
● Promoting justice and fairness in legal matters.
● Providing free legal aid to the poor when possible.
● Avoiding corruption and malpractice in legal dealings.
● Encouraging law awareness by educating people about their rights.
● Maintaining public trust in the legal profession.
i) What is the code of ethics for an advocate towards clients?
A lawyer's duty towards their client includes:
● Confidentiality – Not revealing private client information.
● Loyalty – Representing clients faithfully without bias.
● Competence – Providing the best legal advice and effort.
● Transparency – Keeping clients informed about case progress.
● Fair fees – Charging reasonable fees without exploitation.
j) What are the rules of the code of ethics prepared by the Bar Council of India?
The Bar Council of India (BCI) has set rules for advocate conduct, including:
● No advertising – Lawyers cannot promote themselves publicly.
● No direct client solicitation – They must gain clients through reputation.
● Maintaining independence – Advocates must not take undue favors from clients.
● Respecting the profession – They should behave with integrity and dignity.
● No conflict of interest – Lawyers must not represent opposing parties in the same
case.
UNIT-IV: Contempt of Court
a) What do you mean by contempt?
Contempt of court refers to any act that disrespects or disobeys the authority of the court,
causing interference in the administration of justice. This can include willful disobedience of
court orders, making false statements, or disrespecting judges. The Contempt of Courts Act,
1971, governs contempt laws in India to maintain the dignity of the judiciary and ensure fair
proceedings.
b) What do you mean by civil contempt?
Civil contempt occurs when a person willfully disobeys a court order or violates any undertaking
given to the court. It typically involves failure to comply with a judgment, decree, or direction.
Example: If a person is ordered to pay alimony by the court and refuses to do so despite
having the ability, it amounts to civil contempt.
c) What do you mean by criminal contempt?
Criminal contempt refers to actions that scandalize or lower the authority of the court, obstruct
judicial proceedings, or interfere with the administration of justice. It includes making false
allegations against judges, publishing defamatory content about the judiciary, or disturbing court
hearings.
Example: If a person makes public statements accusing a judge of corruption without
evidence, it is criminal contempt.
d) What is the penalty for punishment for contempt?
According to the Contempt of Courts Act, 1971, the punishment for contempt includes:
● Imprisonment – Up to six months.
● Fine – Up to ₹2,000.
● Both imprisonment and fine in severe cases.
The court may drop the punishment if the accused apologizes sincerely and respects
judicial authority.
e) Mention in brief the historical background of the Contempt of Court Act in India.
The concept of contempt originated from English law, where courts had powers to punish
those who disrespected judicial proceedings. In India, the first legal reference to contempt was
in the British era when courts were granted contempt powers.
● The Contempt of Courts Act, 1926, was the first official law in India.
● The Contempt of Courts Act, 1952, expanded these powers.
● The Contempt of Courts Act, 1971, standardized contempt laws and provided specific
definitions and punishments.
f) Mention in brief the various areas of contempt and scope in Indian courts.
Contempt of court applies to different areas, including:
● Disobedience of court orders – Failure to follow judgments and decrees.
● Scandalizing the court – Making baseless accusations against judges.
● Interfering with proceedings – Disturbing trials or influencing witnesses.
● Publishing sensitive court matters – Revealing confidential case details.
● Advocate misconduct – Lawyers disrespecting judicial orders or misleading courts.
The Supreme Court and High Courts have extensive contempt powers to protect the integrity
of the judiciary.
g) Explain the term contempt dealt with by the Supreme Court with the help of cases.
The Supreme Court has the power to punish for contempt under Article 129 of the
Constitution. Some landmark cases include:
● Re: Arundhati Roy (2002) – The writer was held in contempt for making derogatory
remarks against the judiciary.
● Prashant Bhushan Case (2020) – The lawyer was found guilty of contempt for tweeting
about corruption in the judiciary.
● D.C. Saxena v. Chief Justice of India (1996) – False allegations against the Chief
Justice led to contempt charges.
These cases highlight how the Supreme Court ensures that the judiciary is not disrespected.
h) Explain the term contempt dealt with by High Courts with the help of cases.
High Courts have contempt powers under Article 215 of the Constitution. Some notable
cases include:
● Justice Karnan Case (2017) – A sitting High Court judge was held in contempt for
making allegations against other judges.
● M.S. Ahlawat v. State of Haryana (2000) – Filing false affidavits was ruled as contempt
of court.
● P.N. Duda v. P. Shiv Shankar (1988) – The case emphasized that public officials must
respect judicial orders.
High Courts take contempt cases seriously to uphold justice within their jurisdiction.
i) What are the rules related to contempt proceedings in the Indian Supreme Court?
The Supreme Court Rules, 2013, outline contempt proceedings. The process involves:
1. Filing a contempt petition – Anyone can report contempt by submitting a petition.
2. Notice to the accused – The alleged person is given an opportunity to respond.
3. Preliminary hearing – The court decides whether contempt exists.
4. Final judgment – The court can impose a penalty, dismiss the case, or accept an
apology.
The Supreme Court ensures contempt laws are not misused and only severe cases are
punished.
j) What is the procedure thereof to contempt in the Indian Supreme Court?
The Supreme Court follows a structured process for contempt cases:
● Suo Motu Cognizance – The court can take action on its own.
● Complaint-based Cases – A petition is filed by a party.
● Review and Hearing – The accused is allowed to defend themselves.
● Punishment or Apology – If found guilty, penalties are imposed, or an apology is
accepted.
Contempt laws ensure that courts function smoothly and justice is not hindered.
