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Existing Legal Framework

1. The Advocate Act, 1961

Before the incorporation of this act, the All India Bar (AIB) committee gave various suggestions regarding the relationship between ethics and this profession. Because of these suggestions, the government of our country formulated the Advocate Act, 1961. After this act, the government established the Bar Council of India under the section of this act. The government made the Bar Council of India responsible for establishing proper rules regarding the professional ethics of lawyers. The council is also responsible for having a proper check on whether these ethics are followed correctly or not.

2. Bar Council of India Rules

Chapter II of the Advocate Act, 1961 deals with the formation of the Bar Council of India and various other state bar council and their roles and responsibilities. This chapter of the act deals with the roles and responsibilities of the Bar Council of India, the election of their members, powers of these member’s disqualification, and various other things.

3. Rules on Advocates Duty towards Court

The Bar Council of India has specified certain rules that a lawyer must fulfil towards the court.

  • Act in a Dignified Manner: The lawyer must always act in a good manner before the court. They must present their case in front of the court in the most dignified manner and behave properly with the opposite counsel during and after the case. The lawyer always has to respect the court, and if he/she has any problem with the court or the court officer, then they can complain regarding the same using proper channels.
  • Respect the Court: The lawyer always has to respect the court as it is very essential part of democracy. The judiciary is one of the main organs of democracy, and the lawyer needs to give proper respect to the court for the same.
  • No Communication in Private: The lawyers are not allowed to have any private communication with the judge when they have to represent their client. This rule is established so that the decision-making of the judge cannot be influenced in any way possible.
  • Refusal to Act in an Illegal Manner towards the Opposition: The lawyer must always restrict their client from using any unfair means to influence the case, the judge, and the other party. It is the responsibility of a lawyer to use only fair means to represent the case of their client.
  • Refusal to Represent Clients who insist on any Unfair Means of Practice: The lawyer must not represent any clients who insist on using any unfair means of practice in the case or trying to influence the case by any illegal means. If the lawyer is restricting the client and still the client chooses to use some unfair means, then the lawyer must not represent such clients in court.
  • Appear in Proper Dress Code: The lawyer must always appear in court in the prescribed dress by the court. They represent their client in front of the court, so they must follow the rules of the court first.
  • Not to appear in front of Blood Relation: This rule is established under the act that if the lawyer and the judge have any kind of blood relation, then the lawyer must not represent their client in front of the judge. This rule is established so that there is no chance that the decision of the judge is biased because of any reason.
  • Not to wear Bands or Gowns in Public Places: The lawyer cannot wear bands or gowns in public places as it can lead to discrimination in society. They cannot take benefit of the fact that they are an Advocate. They can only wear these bands in ceremonies, which the Bar Council of India has specifically permitted them to wear.
  • Not Represent any Organization in which he is a Member: If a lawyer is a member or director of any organization then he cannot represent the same organization in the court.

4. Rules on Advocates’ Duty towards Client

The Bar Council of India has specified certain rules that an advocate must fulfil towards their client.

  • Not to withdraw from the Service: The lawyer cannot withdraw from the service without giving any proper notice to his client. They must have to provide sufficient reason before taking an exit from any case.
  • Full and Frank Disclosure to the Client: The lawyer must disclose all the facts to his client before representing him before the court. They must tell their client if they have any connection with the other party in any way possible.
  • Uphold the Interest of the Client: The lawyer must always uphold the interest of their client on a higher level than their interest. They must use all the fair means to win the case for their client.
  • Non-Disclosure Agreement: The lawyer must not disclose any conversation between himself and the client with any other person. The lawyer and client sign a non-disclosure agreement that restricts the lawyer from telling anything about the conversation between him and the client.
  • Not to Appear for the Opposite Party: A lawyer cannot appear in the case for the other party. A lawyer must withdraw from a case by proper means, then only they can represent the other party.

5. The Fiduciary Relationship between Lawyer and Client

The fiduciary relationship between a lawyer and a client can be understood as a relationship of trust between them. In this profession, the client must trust their advocate as the advocate is responsible for representing the client in front of the court. The client needs to trust their lawyer completely as they share various confidential information with their lawyer. The lawyer needs these details to help their client find the best possible legal way to get them out of the case. In various judgments, the Indian Judiciary has made it clear that the Lawyer-Client relationship cannot be treated as a purely professional relationship as the lawyer knows various confidential information regarding the client. Hence, the relationship between a lawyer and a client is purely fiduciary.

Professional Ethics in Law: Legal Framework and Advantages

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Existing Legal Framework

1. The Advocate Act, 1961...

Bridging the Gap between Legal Ethics and the Legal Profession in Indian Courts

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