ETHICS – 5th Semester

LLB 5 t h SEMESTER
PROFESSIONAL ETHICS AND PROFESSIONAL ACCOUNTING SYSTEM

PAPER-V: SYLLABUS
PROFESSIONAL ETHICS AND PROFESSIONAL
ACCOUNTING SYSTEM

The written examination of this paper will be for 50 marks and the remaining 50 marks for
record and viva voce. There shall be classroom instruction on the following topics:
Unit-I:
Development of Legal Profession in India — The Advocates Act, 1961 — Right to Practice — a
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ETHICS – 5th Semester

right or privilege? - Constitutional guarantee under Article 19(1) (g) and its scope — Enrolment
and Practice — Regulation governing enrolment and practice — Practice of Law — Solicitors
firm — Elements of Advocacy.
Unit-II:
Seven lamps of advocacy— Advocate’s duties towards public, clients, court, and other advocates
and legal aid; Bar Council Code of Ethics.
Unit-III:
Disciplinary proceedings — Professional misconduct — Disqualifications — Functions of Bar
Council of India/ State Bar Councils in dealing with the disciplinary proceedings —Disciplinary
Committees -- Powers and functions - Disqualification and removal from rolls.
Unit-IV:
Accountancy for Lawyers — Nature and functions of accounting — Important branches of
accounting — Accounting and Law – Bar Bench Relations.
Record (30 marks): Each student shall write 50 selected opinions of the Disciplinary
Committees of Bar Councils and 10 major judgments of the Supreme Court of India in the
Record. The Record shall be evaluated for 30 marks by the teacher concerned. The Records of
the students duly certified by the University Representative appointed by the Controller of
Examinations in consultation with the Chairman, BOS in Law shall be submitted to the
University before the commencement of the theory examinations.

Viva- voce (20 marks): There shall be viva-voce examination on the above components . The
Viva-voce Board consisting of (i) Principal of the College/ the teacher concerned (ii) University
Representative appointed by the Controller of Examinations in consultation with the Chairman,
BOS in Law, and (iii) an advocate with 10 years of experience at the Bar shall evaluate the
student in the Viva. The proceedings of the viva-voce shall be recorded.

Note: All the three components of the paper (written examination, submission of record
and attendance in viva) shall be compulsory.
Suggested Readings:
(1) Sirohi: Professional Ethics, Central Law Publications, Allahabad.
(2) G.B.Reddy, Practical Advocacy of Law, Gogia Law Agency, Hyderabad
(3) Myneni S.R.: Professional Ethics, Accountancy for Lawyers and Bench-Bar
Relation, Asia Law House, Hyderabad.
(4) Gupta S.P.: Professional Ethics, Accountancy for Lawyers and Bench- Bar
Relation, Asia Law House, Hyderabad.
(5) Kailash Rai: Professional Ethics, Accountancy for Lawyers and Bench-Bar
Relation, Allahabad Law Agency.
(6) Selected Judgments on Professional Ethics (in 2 volumes), Bar Council of India Trust,
New Delhi.

ANSWERS TO IMPORTANT QUESTIONS

1. Who is Advocate? Procedure for admission of an advocate to legal profession (enrolment) (qualifications &
disqualifications).
Answer: Who is an Advocate?
 Advocate is a person authorized to appear in litigation on behalf of a party.
 An advocate should possess a law degree and is enrolled with a Bar Council, as prescribed by the Advocates
Act, 1961.
 Advocates are the only class of persons legally entitled to practice law (Sec 29 of the Advocates Act)
 Advocates provide legal advice to the clients.
 In the legal system, an advocate represents his client in the court of law.
 An advocate is the most important part of the legal system of any country.
 He is solely responsible for the presentation of the case and to bring justice to the victim through his
arguments.
 The court of law passes its judgment basing upon the facts and arguments presented by him.
 After being authorized to appear in a case by a client who has signed a vakalatnama, advocates prepare cases
and argue them in Court.
  In the Bombay and Calcutta High Courts there is a separate class of legal practitioners, known as solicitors,
who prepare the case, but do not argue in Court.
 When appearing in a courtroom, an advocate usually dresses in black and white, and wears a band and gown.
 Any complaint against an advocate is made to the Bar Council of India.
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ETHICS – 5th Semester

 Legal Definition: Section 2 in THE ADVOCATES ACT, 1961

(1) In this Act, unless the context otherwise requires,—
(a) “Advocate” means an advocate entered in any roll under the provisions of this Act;

How to be an Advocate (enrolment):

Step 1: Bachelor’s degree in Law (L.L.B): To become an advocate in India, it is compulsory for a person to complete his
bachelor’s degree in law, i.e. L.L.B (Legum Baccalaureus). The bachelor degree of law can be either of 3 years or 5
years.
a) Three-year course
One can opt for the three-year course of bachelor’s degree in law after completion of his graduation, the eligibility
criteria for this course is that the candidate must secure at least 50% in his graduation.
b) Five-year course
A candidate can directly get into the five-year course of bachelor’s degree immediately after completion of his 10+2.
One of the very popular entrance test conducted for this course is CLAT (Common Law Admission Test). By cracking
CLAT he can get into prestigious NLU’s (National Law University) which are present in most of the states.

Step 2: Enrolment in State Bar Council

The final step to be an advocate is to enrol in any of the State Bar Councils regulated by the Advocates Act 1961. Every
state has its unique process of registration. Once the registration is completed the candidate has to clear the All India
Bar Examination (AIBE). The exam is conducted by the Bar Council of India, and the candidate gets the certificate of
practice upon clearing the exam. The test is conducted to assess the basic analytical capabilities and knowledge of the
law.

Criteria for enrolment as an Advocate (As per Section 24 of the Advocates Act): A person shall be qualified to be
enrolled as an advocate if he fulfills the following conditions:
1. He is a citizen of India. Provided that a national of any other country can also practice only if Indians are
allowed to practice in that other country;
2. He has attained the age of 21 years;
3. He has completed his bachelors in law;
4. He has paid the required stamp duty, which is chargeable under the Indian Stamp Act, 1899 and an enrolment
fee payable to the State Bar Council. He has to pay six hundred rupees to The State Bar Council and one
hundred and fifty rupees to the Bar Council of India. If such person is a Schedule Caste or Schedule Tribe then
he has to pay one hundred rupees to the State Bar Council and twenty-five rupees to the Bar Council of India.
5. Clearing the All India Bar Examination (AIBE).
6. Fulfilment of other Conditions: Other conditions that are decided by the state bar council must be completed
along with the above mentioned conditions.

Disqualifications: Section 24-A of the Advocate Act 1961, describes the conditions in which the person cannot be
registered.
1. If the person is held guilty for crime related to moral turpitude.
2. If the person is held guilty under Untouchability Act 1955.
3. If the person has been dismissed from the post from employment office under state on the blame of moral
turpitude. This qualification will remain effective for 2 years from the date of removal.

2. Solicitors firm.
Answer: Solicitors advise clients and draft pleadings/documents, but engage advocates for conducting the case in the
court. Lawyers who want to be solicitors should pass an examination. In India, a two-year practice is also required
before an Indian lawyer can qualify as a solicitor.
A solicitor can cover large clientele unlike the advocate, Mostly solicitors work on retainer basis for large companies
for a handsome remuneration. Commercial clients call in solicitors for advice on matters including litigation, property,
Labour, tax and finance. Private client work usually involves personal legal matters such as wills, property
conveyancing, divorce and custody. Solicitors' firms come in all shapes and sizes so it's important to do your research
first and find out which one would suit you.
Solicitors need a wide range of skills. As well as being able to communicate with clients and develop good working
relationships with them, they need to be able to work closely with colleagues, pay close attention to detail and be
willing to work long hours. They also need initiative and good judgment to work with complex information.

3. Discuss the Seven Lamps of Advocacy

Answer: INTRODUCTION:
A profession aims at rendering services and business aims at merely earning profits. A professional is the one who has
all the requisite technical knowledge and skills which the field demands. Hence, Advocacy falls under the category of
profession. People often insult this profession by saying that" lawyers are liars". It is to be noted a lawyer argues for
his client and not for himself. A lawyer always presumes that his client is innocent because that is how our legal
system works "Presumption of Innocence until proven Guilty". He argues with the information provided by his client.

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ETHICS – 5th Semester

Thus, Advocates should not only aim at putting an end to their client's peril but also aim at uplifting this honourable
profession.

THE SEVEN LAMPS OF ADVOCACY:

Advocacy is an honourable profession. Advocates are part and parcel of the judiciary system. Their endeavours solve
the conflicts in the society. Advocates defend the rights and liabilities. They hold important and unique place in the
society. Advocacy is not a craft but a calling; a profession wherein devotion to duty constitutes the hallmark.
Legal profession is regarded to be a noble one. A good advocate should possess some essential qualities and
equipment. Justice ‘Abbot Parry’ qualifies the following qualities as “Seven Lamps of Advocacy”. They are:

o Honesty.
o Courage.
o Industry.
o Wit.
o Eloquence.
o Judgment.
o Fellowship.
o Tact (added later).

1. Honesty: Honesty means the quality of straightforwardness; freedom from deceit, cheating or stealing and not
telling lies. Honesty is the most important quality that an advocate should possess. His thoughts words and deeds
should have sincere co-relation to each other with genuineness. An Advocate should be dependable reliable to
everyone who seeks his advice and services. The nobleness of legal profession lies in honesty itself. An advocate
should not do illegal practices. He should not do any act which will lead to professional misconduct. He should
disclose the real facts and legal profession to his clients frankly. Honesty, integrity and character are inseparable.
These there virtues together are essential for the success of an advocate. The great sages of law had sucked the
law from the breasts of knowledge, honesty, gravity and integrity.

2. Courage: Courage is the quality that enables a person to control fear in the face of danger, pain, misfortune, etc.; It
is the duty of an Advocate to fearlessly uphold the interest of his client by all fair means without fear of any
unpleasant consequences to himself or any other person. It is the knowledge and the skill of the Advocate that
gives him the necessary courage and confidence to present the case fearlessly and to uphold the interest of the
client. Courage is as good a weapon in the forum as in the war camp, According to Charles Hutton’s. ‘He hath in
perfection the three chief qualifications of an advocate; Boldness, — Boldness and Boldness’.

3. Industry: Advocacy is needed a life of industry. An advocate must study his brief in the same way that an actor
studies his part. Means hard work. Hard works is absolutely necessary for an Advocate. His knowledge of law
should be up to date. He shall never be ignorant of the current law in force. He shall get acquainted with the latest
law by systematic study. If one ignores the law, the law will also ignore him. That is why it is said that “law is the
jealous mistress”. Lord Eldon Says, “An advocate must live like a hermit and work like a horse”. Advocacy is an
intellectual profession. Intelligence and knowledge will be sharpened with hard-work and strenuous efforts.

4. Wit: Wit means clever and humorous expression of ideas; liveliness of spirit. Wit flows from intelligence;
understanding and quickness of mind. Wit lessens the work load of an advocate, so constant clash between them
is common. Anxiety for a favourable verdict on the part of the lawyers; and perpetual worry for the pursuit of the
truth on the part of the judges generate strain and tension. It relaxes his mental strain. Often the wit of an
advocate will turn a Judge from an unwise course, where Judgment or rhetoric would certainly fail. The lamp of
wit is needed to lighten the darkness of advocacy.

5. Eloquence: The success of an advocate depends upon his eloquence. Eloquence means fluent speaking and skilful
use of language to persuade or to appeal to the feelings of others. Fluent speaking impresses the listener. An
advocate must be fluent, skilful in using appropriate words to impress the Court. Eloquence attracts the attention
of the listener. Eloquence is related to the art of oratory. ‘Eloquence of manner is real eloquence’ and there is a
physical as well as psychological side to advocacy. Words are his keys of thoughts. Strong vocabulary gives him
assurance, build his self-confidence and build his personality. Words must be employed with eloquence. The art of
persuasive and impressive speaking will give the desired result in his favour.

6. Judgment: Judgment is an intellectual capacity, ‘the inspiration which enables a man to translate good sense into
right action’. It means the ability to come to a sensible conclusion and make wise decisions at the relevant time in
the proper way. It is on the basis of these conclusions he should employ the necessary facts and the techniques in
the case which he is engaged. This quality is necessary from the beginning of filing the case till its final disposal. An
 Advocate must always anticipate all the possible moves of the other side and must develop the necessary
presence of mind, alertness and tact to cope with any awkward situation of difficulty that may arise in the case.

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ETHICS – 5th Semester

Judge Abbot Parry has referred to judgment as one of the seven lamps; but he refers to it essentially as an
intellectual capacity, ‘the inspiration’ which enables a mean to translate good sense into right action e.g. ‘seeing
the right point of his case’ and the like.

7. Fellowship: Fellowship means the membership in friendly association or companionship. Fellowship is exactly like
great public schools, the boys of which have grown older, and have exchanged boyish for manly objects. In legal
profession, one Advocate fights with another Advocate for justice before the learned judge. There may be
controversies and contradictions in their contention relating to the case, but that shall never affect the fellowship.
The Advocates should refer the opposite party’s Advocate as “Learned Friend” and the judge should be referred as
“Learned Judge”. In order to maintain the fellowship, the Bar Council of India has laid down certain rules to be
observed as the duty to colleagues. Among advocates, there is just the same rough familiarly, the general ardour
of character, the same kind of public opinion expressed in exactly the same blunt, unmistakable manner. By
keeping the lump of fellowship burning, advocates encourage each other by sharing the knowledge to walk in the
light of the seven lamps of advocacy.

Tact
A new lamp was added by K.V.Krishnaswamy Aiyer, in his book “Professional Conduct and Advocacy” adds one more
lamp i.e. tact. Tact means handling people and situations skilfully and without causing offence. An advocate must be
in a position to tackle and win his client, opponent party, opponent advocate in a smoother way. Many people of
unequal ability have failed for want of tack. An advocate should not quarrel with Court or loose temper over trifle
things in the Court and outside. Men of unquestioned ability have suffered for quarrelling with the tribunal or for
standing on their dignity over trifles, for getting their clients, or for losing their tempers; they are men of parts but
more properly refers to the human side of putting into action the result of one’s judgment.

CONCLUSION:
Thus, lawyers have an important duty of upholding justice in the most crucial of times. They must not only work
towards the betterment of this profession but also for the betterment of this society also. Every lawyer is obliged to
serve the society. It is one of his primary duties. The service of a lawyer to the development of this society is
indispensable.

4. Examine the duties of advocates for the standards of professional conduct and etiquette.
Enumerate the duties of advocates towards the client, courts and other advocates.
Advocate duty to provide legal aid to the poor.
Answer: An Advocate shall, at all times, comport himself in a manner befitting his status as an officer of the Court, a
privileged member of the community, and a gentleman, bearing in mind that what may be lawful and normal for a
person who is not a member of the Bar or for a member of the Bar in his nonprofessional capacity may still be
improper for an advocate. Without prejudice to the generality of the foregoing obligation, an advocate shall fearlessly
uphold the interests of his client and in his conduct conform to the rules hereinafter mentioned both in letter and in
spirit. The rules hereinafter mentioned contain cannons of conduct and etiquette adopted as general guides; yet
specific mention thereof shall not be construed as a denial of the existence of others equally imperative though not
specifically mentioned.
Section I—Duty to the Court (10 Duties)
1. Dignity & Self-respect: An advocate shall, during the presentation of his case and while otherwise acting before a
Court, conduct himself with dignity and self-respect. He shall not be servile and whenever there is proper ground for
serious complaint against a judicial officer, it shall be his right and duty to submit his grievance to proper authorities.
2. Respecting the Court: An advocate shall maintain towards the Courts a respectful attitude, bearing in mind that the
dignity of the judicial office is essential for the survival of a free community.
3. Influencing the Court: An advocate shall not influence the decision of a Court by any illegal or improper means.
Private communications with Judge relating to a pending case are forbidden.
4. Preventing the client from using abusing language: An advocate shall use his best efforts to restrain and prevent his
client from restoring to sharp or unfair practices or from doing anything in relation to the Court, opposing counsel or
parties which the advocate himself ought not to do. An advocate shall refuse to represent the client who persists in
such improper conduct. He shall not consider himself a mere mouthpiece of the client, and shall exercise his own
judgment in the use of restrained language in correspondence, avoiding scurrilous attacks in pleadings, and using
intemperate language during arguments in Court.
5. Dress: An advocate shall appear in Court at all times only in the prescribed dress, and his appearance shall always
be presentable.
6. Restrain: An advocate shall not enter appearance, act, plead or practice in any way before a Court, Tribunal or
Authority mentioned in Section 30 of the Act, if the sole or any member thereof is related to be Advocate as father,
grandfather, son, grandson, uncle, brother, nephew, first cousin, husband, wife, mother, daughter, sister, aunt, niece,
father-in-law, daughter-in-law or sister-in-law.
7. Dress: An advocate shall not wear bands or gown in public places other than in Courts except on such ceremonial
occasions, and at such places as the Bar Council or the Court may prescribe.
8. Member of that organization: An Advocate shall not appear in or before any Court or Tribunal or any other
authority for or against an organisation or an institution, society or corporation, if he is a member of the Executive
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ETHICS – 5th Semester

Committee of such organisation or institution or society or corporation. “Executive Committee,” by whatever name it
may be called, shall include any Committee or body of persons which, for the time being, is vested with the general
management of the affairs of the organisation or institution, society or corporation.
Provided that this Rule shall not apply to such a member appearing as “amicus curiae ‟ or without a fees in a matter
affecting the affairs of a Bar Council, Incorporated Law Society, or a Bar Association.
9. Pecuniary Interest: An Advocate should not act or plead in any matter in which he himself is pecuniarily interested.
Illustration:
I. He should not act in a bankruptcy petition when he himself is also a creditor of the bankrupt.
II. He should not accept a brief from a company of which he is a director.
10. Surety: An Advocate shall not stand as a surety, or certify the soundness of surety, for his client required for the
purpose of any legal proceedings.

Section II—Duty to the Client {9 to do (Positive) and 14 not to do (Negative)}

11. Accepting brief: An Advocate is bound to accept any brief in the Courts or Tribunals or before any authority in or
before which he professes to practise at a fee consistent with his standing at the Bar and the nature of the case.
Special circumstances may justify his refusal to accept a particular brief.
12. Should not withdraw from the case: An Advocate shall not ordinarily withdraw from engagements once accepted,
without sufficient cause and unless reasonable and sufficient notice is given, to the client. Upon his withdrawal from a
case, he shall refund such part of the fee as has not been earned.
13. In case of witness: An Advocate should not accept a brief or appear in a case in which he has reason to believe that
he will be a witness and if being engaged in case, it becomes apparent that he is a witness on a material question of
fact, he should not continue to appear as an Advocate if he can retire without jeopardising his client’s interests.
14. Disclosure of facts: An Advocate shall at the commencement of his engagement and during the continuance
thereof, make all such full and frank disclosures to his client relating to his connection with the parties and any
interest in or about the controversy as are likely to affect his client’s judgment in either engaging him or continuing the
engagement.
15. Upholding the interest of the client: It shall be the duty of an advocate fearlessly to uphold the interests of his
client by all fair and honourable means without regard to any unpleasant consequences to himself or any other. He
shall defend a person accused of a crime regardless of his personal opinion as to the accused, bearing in mind that his
loyalty is to the law which requires that no man should be convicted without adequate evidence.
16. An Advocate appearing for the prosecution in a criminal trial shall so conduct the prosecution that it does not lead
to conviction of the innocent. The suppression of material capable of establishing the innocence of the accused shall
be scrupulously avoided.
17. Professional communications: An Advocate shall not, directly or indirectly, commit a breach of the obligations
imposed by Section 126 of the Indian Evidence Act – Professional Communications.
18. An Advocate shall not, at any time, be a party to fomenting/provoking/encouraging of litigation.
19. An Advocate shall not act on the instruction of any person other than his client or his authorised agent.
20. An Advocate shall not stipulate for a fee contingent on the results of litigation or agree to share the proceeds
thereof.
21. An Advocate shall not buy or traffic in or stipulate for or agree to receive any share or interest in any actionable
claim. Nothing in this Rule shall apply to stock, shares debentures or government securities, or to any instruments
which are for the time being, by law or custom negotiable, or to any mercantile document or title to goods.
22. An Advocate shall not, directly or indirectly, bid for or purchase, either in his own name or in any other name, for
his own benefit or for the benefit of any person, any property sold in the execution of a decree or order in any suit,
appeal or other proceeding in which he was in any way professionally engaged. This prohibition, however, does not
prevent an Advocate from bidding for or purchasing for his client any property which his client may himself legally bid
for or purchase provided the Advocate is expressly authorised in writing in this behalf.
23. Personal liability: An Advocate shall not adjust fees payable to him by his client against his own personal liability to
the client, which liability does not arise in the course of his employment as an Advocate.
24. An Advocate shall not do anything whereby he abuses or takes advantage of the confidence reposed in him by his
client.
25. An advocate should keep accounts of the client’s money entrusted to him, and the accounts should show the
amounts received from the client or on his behalf, the expenses incurred for him and the debits made on account of
fees with respective dates and all other necessary particular.
26. Where moneys are received from or on account of a client, the entries in the accounts should contain a reference
as to whether the amounts have been received for fees or expenses, and during the course of the proceedings, no
Advocate shall, except with the consent in writing of the client concerned, be at liberty to divert any portion of the
expenses towards fees.
27. Intimation of receipt of money: Where any amount is received or given to him on behalf of his client the fact of
such receipt must be intimated to the client as early as possible.
28. After the termination of the proceeding the Advocate shall be at liberty to appropriate towards the settled fee due
to him any sum remaining unexpended out of the amount paid or sent to him for expenses, or any amount that has
come into his hands in that proceeding.
29. Where the fee has been left unsettled, the Advocate shall be entitled to deduct, out of any moneys of the client
remaining in his hands, at the termination of the proceeding for which he had been engaged, the fee payable under
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ETHICS – 5th Semester

the rules of the Courts in force for the time being, or by then settled and the balance, if any, shall be refunded to the
client.
30. A copy of the client’s account should be furnished to him on demand provided the necessary copying charge is
paid.
31. Converting to loan: An Advocate shall not enter into arrangements whereby funds in his hands are converted into
loans.
32. Shall not lend money: An Advocate shall not lend money to his client, for the purpose of any action or legal
proceedings in which he is engaged by such client.
Explanation—An Advocate shall not be held guilty of a breach of this rule, if in the course of a pending, suit or
proceedings, and without any arrangement with the client in respect of the same, the Advocate feels compelled by
reason of the rule of the Court to make a payment to the Court on account of the client for the progress of the suit or
proceeding.
33. Changing sides: An Advocate who has at any time, advised in connection with the institution of a suit, appeal or
other matter or has drawn pleadings or acted for a party shall not appear or plead for the opposite party.

Section III—Duty to Opponent (2 duties)

34. An Advocate shall not in any way communicate or negotiate upon the subject matter of controversy with any party
represented by an Advocate except through that Advocate.
35. An Advocate shall do his best to carry out all legitimate promises made to the opposite party even though not
reduced to writing or enforceable under rules of the Court.

Section IV—Duty to Colleagues (11 duties)

36. An Advocate shall not solicit work or advertise, either directly or indirectly, whether by circulars. Advertisements,
touts, personal communications, interview not warranted by personal relations, furnishing or inspiring newspaper
comments or procuring his photograph to be published in connection with cases in which he has been engaged or
concerned. His sign-board or name-plate should be of a reasonable size. The sign-board or name-plate or stationery
should not indicate that he is or has been President or Members of a Bar Council or of any Association or that he has
been associated with any person or organisation or with any particular cause or matter or that he specialises in any
particular type of work or that he has been a Judge or an Advocate-General.
37. An Advocate shall not permit his professional services or his name to be used in aid of or to make possible, the
unauthorised practise of law by any agency,
38. An Advocate shall not accept a fee less than the fee taxable under the rules when the client is able to pay the
same.
39. An Advocate shall not enter appearance in any case in which there is already a vakalat or memo of appearance
filed by an Advocate engaged for a party except with his consent, in case such consent is not produced he shall apply
to the Court stating reasons why the said consent could not be produced and he shall appear only after obtaining the
permission of the Court.
Section IVA
40. Every advocate borne on the Rolls of a State Bar Council shall pay to the State Bar Council a sum of Rs. 30 every
third year, commencing 1st April, 1980, either at one time or in three equated instalments.
41. The aforesaid sum collected by the State Bar Council shall be credited to a separate fund to be known as
“Advocates Welfare Fund‟.
42. All sums so collected by the State Bar Council in accordance with Rule 40 shall be remitted to the Bar Council of
India forthwith, which shall be credited by the Bar Council of India to a separate fund to be known as “Advocates
Welfare Fund.‟
43. Every advocate borne on the rolls of a State Bar Council shall deliver on or before 1st April every year, commencing
from 1st April 1980 a declaration in the form prescribed.
44. Every Advocate borne on the Rolls of a State Bar Council shall enrol himself as member of a Bar Association within
the territory over which the said Bar Council exercises jurisdiction. Every declaration under Rule 43 above shall be
accompanied by a certificate of the Secretary of that Bar Association, certifying that he is a member and that he has
paid all the dues of the Bar Association.
45. The name of every Advocate, who fails to pay the aforesaid sums within the prescribed time set out in Rule 40 or
fails to file the declaration under Rule 43 or makes any false statement in the declaration under Rule 43 shall be
removed from the Rolls of the State Bar Council.
46. Before the name of any Advocate is removed from the Rolls under Rule 45 the Secretary of the State Bar Council
shall serve on the Advocate concerned a notice to show cause against the removal of his name and the cause shown, if
any, shall be dealt with by the Chairman of the State Bar Council forthwith who, in his discretion, shall pass such
orders as he thinks fit.

Section V—Duty in Imparting Training

47. It is improper for an Advocate to demand or accept fees or any premium for any person as a consideration for
imparting in law under the rules prescribed by the Bar Council to enable such person to qualify for enrolment under
the Advocates Act, 1961.

Section VI—Duty to Render Legal Aid

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ETHICS – 5th Semester

48. Every Advocate shall in the practice of the profession of law bear in mind that any one genuinely in need of a
lawyer is entitled to legal assistance even though he cannot pay for it fully or adequately and that within the limits of
an Advocate’s economic condition, free legal assistance to the indigent and oppressed is one of the highest obligations
an Advocate owes to society.
Section VII—Restrictions on Other Employments (6 duties)
49. An Advocate shall not personally engage in any business but he may be a sleeping partner in a firm doing business
provided that, in the opinion of the Bar Council the nature of the business is not inconsistent with the dignity of the
profession.
50. An Advocate may be a Director or Chairman of the Board of Directors of a company with or without any ordinary
sitting fee provided none of his duties are of an executive character. An Advocate shall not be a Managing Director or a
Secretary of any company.
51. An Advocate shall not be full-time salaried employee of any person, government, firm, corporation or concern, so
long as he continues to practise and shall, on taking up any such employment, intimate the fact to the Bar Council and
shall thereupon cease to practise as an advocate so long as he continues in such employment.
Nothing in this rule shall apply to Law Officer of the Central Government or the Government of a State or of any Public
Corporation or body constituted by statute who is entitled to be enrolled under the rules of the Bar Council made
under Section 28(2)(d) read with Section 24(1)(c) of the Advocates Act, 1961 despite his being a full-time salaried
employee.
52. An Advocate who has inherited, or succeeded by survivorship, to a family business may continue it, but may not
personally participate in the management thereof. He may continue to hold a share with others in any business which
has descended to him by survivorship or inheritance or by will, provided he does not personally participate in the
management thereof.
53. An Advocate may review Parliamentary Bills for remuneration, edit legal text books at a salary, do “press-vetting‟
for newspapers, coach pupils for legal examinations, set and examine question papers; and subject to the rules against
advertising and full-time employment, engage in broadcasting, journalism, lecturing and teaching subjects both legal
and non-legal.
54. Nothing in these rules shall prevent an Advocate from accepting, after obtaining the consent of the Bar Council
part-time employment provided that in the opinion of the Bar Council the nature of the employment does not conflict
with his professional work and is not inconsistent with the dignity of the profession.
These rules shall be subject to such directives if any as may be issued by the Bar Council of India from time to time

5. Professional misconduct.
Answer: A lawyer’s profession is meant to be a divine or sacred profession by all means. In every profession, there are
certain professional ethics that need to be followed by every person who is into such a profession. But there is the fact
that professional misconduct is a common aspect, not only in other professions but also in advocacy also. In simple
terms, it means certain acts done by the persons which seem to be unfit for the profession as well as which are against
certain ethics in this field. The term has been clearly defined in Black’s Dictionary as, the transgression of some
established and definite rule of action, a forbidden act, a dereliction of duty, unlawful behaviour, improper or wrong
behaviour. Its synonyms are a misdemeanour, impropriety, mismanagement, offense, but not negligence or
carelessness. From the definition, it is now clear that the act of professional misconduct is done purely with an
intention of getting unlawful gains. The Advocates Act, 1961 and the Indian Bar Council play a vital role in providing
rules and guidelines regarding the working, code of conduct and such other matters concerning lawyers and advocates
in India.
Misconduct is sufficiently comprehensive to include misfeasance (improperly performed) as well as malfeasance
(illegal act) and is applied to the professional people; it includes unprofessional acts even though they are not
inherently wrongful. The professional misconduct may consist of the fact in any conduct, which tends to bring
reproach on the legal profession or to alienate the favourable opinion which the public should entertain concerning it.
In state of Punjab v Ram Singh the Supreme Court held that the term misconduct may involve -
 Moral turpitude,
 It must be improper or wrong behaviour,
 Unlawful behaviour,
 Wilful in character,
 A forbidden act,
 A transgression of established and definite rule of action or code of conduct,
 But not mere error of judgement, carelessness or negligence in performance of duty.

The attributes of a profession are:

1. Existence of a body of specialized knowledge or techniques.
2. Formalized method of acquiring training and experience.
3. Establishment of a representative organization with professionalism as its goal.
4. Formation of ethical codes for the guidance of conduct.
 5. Charging of fees based on services but with due regards to the priority of service over the desire of monetary
rewards.

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ETHICS – 5th Semester

Misconduct means any acts which are unlawful in nature even though they are not inherently wrongful. Before the
Advocates Act, 1961, we had the Legal Practitioners Act, 1879. There is no definition given for the term ‘misconduct’ in
the Act, but the term ‘unprofessional conduct’ is being used in the Act. Some of the instances of professional
misconduct are as follows:
1. Appearing for both the sides: An advocate has to argue for one party of the case not both.
2. Dereliction of duty: Handling over brief to another advocate / transferring the case to another advocate without
client’s permission (V.C. Ranga Durai vs. Gopalan).
3. Professional negligence: In the case of Mohd. Ismail vs. Balarathna – it was held that it amounts to misconduct if
an advocate neglects to furnish requisite documents or material papers despite of repeated adjournments. Not
attending the trails also comes under professional negligence.
4. Misappropriation: Collecting money for court purpose and misusing – L.C. Goyal vs. Mrs. Suresh Joshi.
5. Seeking repeated adjournments: In N.G.Dastane Vs. Shrikant S.Shivde – the SC has made it clear that seeking
repeated adjournments for postponing examination of witnesses present in the court amounts to misconduct
and an advocate may be punished.
6. Making false allegation against judicial officers.
7. Deliberately lodging groundless criminal complaint.
8. Making groundless and insulting charges against witness.
9. Refusing to accept a case without justification.
10. Attending court proceedings in drunken state.
11. Attempting to influence judicial officers for favour.
12. Carrying on other trade or business.
13. Committing crimes.
14. Financing the Litigation.
15. Obtaining client’s signature on blank papers.
16. Shouting slogans or holding demonstration in front of the court.
17. Approaching investigation officers for favour during investigation of a case.
18. Tampering with the witness.
19. Failure to appear in the proceeding of a case without any sufficient reason.
20. Writing letters to persons for soliciting cases.
21. Advertising about his profession.
22. Misappropriation of decreed amount payable to the client.
23. Committing contempt of court.
24. Appearing without authority i.e. on the forged vakalat.
25. Changing sides: An advocate, once after arguing for one party, cannot become the council for the opposite for
the same party in same case (State vs. Lalit Mohan Nanda).
26. Contempt of court and improper behaviour before a Magistrate
27. Furnishing false information
28. Giving improper/wrong advice to the client.
29. Taking money from the client for the purpose of giving bride.
30. Misleading the clients in court
31. Not speaking the truth
32. Disowning allegiance to the court
33. Moving application without informing that a similar application has been rejected by another authority
34. Suggesting bribing the court officials (Refer below given case – Shambu Ram Yadav vs Hanuman Das Khatry).
35. Forcing the prosecution witness not to say the truth.
Informing About Bribe: Shambhu Ram Yadav v. Hanuman Das Khatry, the Court upheld the order of bar council of
India dated 31st July 1999, which held that the appellant has served as advocate for 50 years and it was not expected
of him to indulge in such a practice of corrupting the judiciary or offering bribe to the judge and he admittedly
demanded Rs.10,000/- from his client and he orally stated that subsequently order was passed in his client’s favour.
This is enough to make him totally unfit to be a lawyer by writing the letter in question. We cannot impose any lesser
punishment than debarring him permanently from the practice. His name should be struck off from, the roll of
advocates maintained by the Bar Council of Rajasthan. Hereafter the appellant will not have any right to appear in any
Court of Law, Tribunal or any authority. Court imposes a cost of Rs. 5,000/- to the appellant which should be paid by
the appellant to the Bar Council of India.
Prashant Bhushan’s Contempt of court case: In this case court has imposed one rupee fine.
Procedure Followed on the Notice of Professional Misconduct
The following is the procedure followed
1. In exercise of powers under Section 35 contained in Chapter V entitled “conduct of advocates”, on receipt
of a complaint against an advocate (or suo motu) if the State Bar Council has ‘reason to believe’ that any
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ETHICS – 5th Semester

advocate on its roll has been guilty of “professional or other misconduct”, disciplinary proceeding may be
initiated against him.
2. State Bar Council refers the case to a Disciplinary Committee.
3. Neither Section 35 nor any other provision of the Act defines the expression ‘legal misconduct’ or the
expression ‘misconduct’.
4. The Disciplinary Committee of the State Bar Council will give notice to the concerned advocate and the
Advocate General of the state, shall fix a date of hearing and issue a show cause notice to the.
5. Will allow the advocate to give his reply to the allegations made against him.
6. While under Section 42(1) of the Act the Disciplinary Committee has been conferred powers vested in a
civil court in respect of certain matters including summoning and enforcing attendance of any person and
examining him on oath, the Act which enjoins the Disciplinary Committee to ‘afford an opportunity of
hearing’ (vide Section 35) to the advocate does not prescribe the procedure to be followed at the hearing.
7. After being heard of both the parties, may:
A. Dismiss the complaint, or where the proceedings were initiated at the instance of the State Bar
Council, directs that proceedings be filed;
B. Reprimand the advocate;
C. Suspend the advocate from practice for such a period as it deems fit;
D. Remove the name of an advocate from the state roll of advocates.

Misconduct is of infinite variety; this expression must be understood in a broad meaning, such that it extends the
meaning under natural law, and there is no justification for restricting their natural meaning. Section 49 of the
Advocate Act empowers the Bar Council of India to frame rules and standards of professional misconduct. Under the
Act, no person has a right to make advertisement or soliciting; it is against advocate’s code of ethics. He is also not
entitled to any advertisement through circulars, personal communications or interviews, he is not entitled to demand
fees for training and to use name/service for unauthorized purposes.

6. Discuss the powers and functions of bar council of India.

Answer: The functions of Bar Council of India
Section 7 of the advocates Act 1961 provides that the functions of Bar Council of India shall be –

1. To lay down standards of professional conduct and etiquette for advocates;

2. To lay down the procedure to be followed by its disciplinary committee and the disciplinary committee of
each state bar council.
3. To safeguard the rights, privileges and interests of advocates.
4. To promote and support law reform.
5. To deal with the disposal of any matter arising under the Act which may be referred to it by a state bar
council.
6. To exercise general supervision and control over the state bar council.
7. To promote legal education and to lay down standards of such education in consultation with the universities
in India imparting such education and the state bar council
8. To recognize universities whose degree in law shall be a qualification for enrolment for an advocate for that
purpose to visit and inspect universities or cause the state bar council to visit and inspect universities in
accordance with such direction as it may be given in this behalf
9. To conduct seminars and organize talks on legal topics by eminent jurist and publish journals and papers of
legal interest.
10. To organize legal aid to the poor in the prescribed manner
11. To recognize on a reciprocal basis foreign qualifications in law obtained outside India for the purpose of
admission as an advocate under this Act.
12. To manage and invest the funds of the bar council.
13. To provide for the election of its members
14. To perform all other functions conferred on it by or under this Act
15. To do all other things necessary for discharging the aforesaid functions

The bar council of India may constitute one or more funds in the prescribed manner for the purpose of giving
financial assistance to organize welfare schemes for indigent, disabled or other advocates Giving legal aid or advice in
accordance with the rules made in this behalf establishing law libraries

Bar council of India may receive any grants donations, gifts or benefactions for all or any of the purposes specified
in Sub-Section (2) which shall be credited to the appropriate funds constituted under the sub section.
According to Section 7 (a) of the Advocates Act, 1961 the Bar Council of India may become a member of
international legal bodies such as the International Bar Association or International Legal Aid Association, contribute
such sums as it thinks fit to Such bodies by way of subscription or otherwise and authorize expenditure on the
participation of its representatives in any international legal conference seminars.

Some of the important functions of Bar Council of India are as under -

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ETHICS – 5th Semester

I) Admission as advocate -
1.Power to Enrol directly: Section 20 of the Advocate Act provides that every advocate who was entitled as of
right to practice in the Supreme Court immediately before the appointed day and whose name was not entered
in any state roll may, within the prescribed time, express his intention in the prescribed form to the Bar Council
and on receipt thereof, the Bar Council of India shall direct that the name of each advocate shall, without
payment of any fee, be entered in the role of state Bar Council and the State Bar Council concerned shall
comply with such direction.
2.Getting information of State Bar Council rolls periodically: Section 19 - In this Section of the Advocates Act 1961,
requires the State Bar Council to send copies of rolls of advocate to the Bar Council of India. It provides that
every State Bar Council shall send to the Bar Council of India an authenticated copy of the roll of Advocates
prepare by it for the first time under this Act and shall, thereafter, communicate to the Bar Council of India all
alterations and addition to, such roll as soon as the same have been made.
3.Transfer of an advocate’s name from one State roll to another state roll: Section 18 of Advocate Act 1961 makes
provision in respect of transfer of name from one State roll to another. It provides that any person whose name
is entered as an advocate on the role of any State Bar Council for the transfer of his name from the roll of State
Bar Council to the roll of any other State Bar Council and on receipt of any such application, the Bar Council of
India shall direct that the name of such person shall, without the payment of any few, be removed from the roll
of the first mentioned State Bar Council and be entered in the roll of the other State Bar Council and State Bar
Council concerned shall comply with such direction.
II) Appointment of committees and Staff members -
1. Section 9 of the Advocate Act empowers The Bar Council of India to appoint one or more disciplinary
committees, Legal aid committee’s u/s 9-A executive committee u/s 10(2), Legal Education Committee, etc.
2. Section 11 of the Advocate Act empowered the Bar Council to appoint a secretary and accountant and such
number of other persons as may deem necessary the secretary and accountant, if any shall possesses such
qualification. It is mandatory that the Bar Council shall have a secretary.
III) Maintenance of Accounts and its Audit etc. -
Section 12 of the Advocate Act requires the Bar Council of India to maintain such book of accounts and other
books in such form and in such a manner as may be described. The account shall be audited by the auditor's duly
qualified to act as auditors of the companies, at such as times and in such a manner as may be prescribed. The Bar
Council of India shall send a copy of its accountants together with the copy of the report of the auditors thereon to the
Central Government and shall cause same to be published in the Gazette of India.
IV) Rules making power -
The Bar Council of India shall make Rules under the provisions of Section 15 of the Advocate Act.
Section 15(2) of this Act provides that in particular and without prejudice to the generality of the foregoing
power. Such Rules may provide for the election of the members of the Bar Council, chairman and Vice-chairman,
Election disputes, filling of casual vacancies in the Bar Council, power and duties of chairman and vice-chairman,
constitution of one or more funds, organizations of legal aid, and meetings conduct of business of any committee,
management and investment of funds of Bar Council.
Section 49 of the Advocate Act confers on the Bar Council of India general power to make Rules for discharging
its functions under this Act.
V) Power to Punish for Professional or other misconduct -
Section 36 of Advocate Act 1961 empowers the Bar Council of India to punish an Advocate for professional or
other misconduct like suspending advocate from practice for such as it may deem feet and remove the name of the
Advocate from the state roll of Advocate. It has power to dismiss the complaint, reprimand the Advocate.
VI) Appellate Power -
Section 37 of the Advocate Act empowers the Bar Council of India to hear appeal against the order of Disciplinary
Committee of a State Bar Council. Every such appeal shall be heard by the disciplinary committee of Bar Council of
India.
Section 38 provides that any person aggrieved by the order passed by the Disciplinary Committee of Bar Council
of India, maybe challenged within 60 days by way of appeal before Supreme Court.
VII) Other powers and functions of Bar Council of India -
 To give such financial assistance as it fit to the State Bar Council in need of funds for the purpose of performing
its function.
 To prevent a citizen of any country from practicing profession of law in India when that country specified by
the central government in this behalf, prevents citizen of India from practicing the profession of law in their
country.
 To call for the record of any proceedings from any State Bar Council or Committee thereof to see legality and
proprietary of such proceeding.
 To give direction to the State Bar Council or any other Committee thereof for the proper and efficient
discharge of the functions of the State Bar Council.
7. Define Disciplinary Committee and what are the powers and functions of disciplinary committee under the
Advocates Act, 1961?
Answer: Introduction:
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ETHICS – 5th Semester

Section 42 of the Advocates Act 1961, provides the Powers of Disciplinary Committee of a Bar Council. The
Provisions of this Section are same for both, the State Bar Council as well the Bar Council of India.

Constitution / Composition of Disciplinary Committee

According to Section 9 of the Advocates Act 1961 A Bar Council shall constitute one or more disciplinary
committees, each of which shall consist of three persons of whom two shall be persons elected by the Council from
amongst its members and the other shall be a person co-opted by the Council from amongst advocates who possess
the qualifications specified in the proviso to sub-section (2) of section 3 and who are not members of the Council, and
the senior-most advocate amongst the members of a disciplinary committee shall be the Chairman thereof.

Powers of Disciplinary committee

1. The disciplinary committee of a Bar Council shall have the same powers as are vested in a civil court under the
Code of Civil Procedure, 1908, in respect of the following matters, namely —
A. Summoning and enforcing the attendance of any person and examining him on oath;
B. Requiring discovery and production of any documents;
C. Receiving evidence on affidavits;
D. Requisitioning any public record or copies thereof from any court or office;
E. Issuing commissions for the examination of witness or documents;
F. Any other matter which may be prescribed:
Provided that no such disciplinary committee shall have the right to require the attendance of —
i. Any presiding officer of a Court except with the previous sanction of the High Court to which such
court is subordinate;
ii. Any officer of a revenue court except with the previous sanction of the State Government.
2. All proceedings before a disciplinary committee of a Bar Council shall be deemed to be judicial proceedings
within the meaning of Sections 193 and 228 of the Indian Penal Code, 1860, and every such disciplinary
committee shall be deemed to be a civil court for the purposes of Sections 480, 482 and 485 of the Code of
Criminal Procedure, 1898.
3. For the purposes of exercising any of the powers conferred by sub-section (1), a disciplinary committee may
send to any civil court in the territories to which this Act extends, any summons or other process, for the
attendance of a witness or the production of a document required by the committee or any commission which
it desires to issue, and the civil court shall cause such process to be served or such commission to be issued, as
the case may be, and may enforce any such process as if it were a process for attendance or production before
itself.
4. Notwithstanding the absence of the Chairman or any member of a disciplinary committee on date fixed for
the hearing of a case before it, the disciplinary committee may, if it so thinks fit, hold or continue the
proceedings on the date so fixed and no such proceedings and no order made by the disciplinary committee in
any such proceedings shall be invalid merely by reason of the absence of the Chairman or member thereof on
any such date:
Provided that no final orders of the nature referred to in Sub-Section (3) of section 35 shall be made in any
proceeding unless the Chairman and other members of the disciplinary committee are present.
5. Sub-section (3) of Section 35: "The disciplinary committee of a State Bar Council after giving the advocate
concerned and the Advocate-General an opportunity of being heard may make any of the following orders,
namely —
A. Dismiss the complaint or, where the proceedings were initiated at the instance of the State Bar
Council, direct that the proceedings be filed;
B. Reprimand the advocate;
C. Suspend the advocate from practice for such period as it may deem fit;
D. Remove the name of the advocate from the State roll of advocates."
6. Where no final order of the nature referred to in Sub-section (3) of Section 35 can be made in any proceedings
in accordance with the opinion of the Chairman and the members of a disciplinary committee either for want
of majority opinion amongst themselves or otherwise, the case, with their opinion thereon, shall be laid
before the Chairman of the Bar Council concerned or if the Chairman of the Bar Council is acting as the
Chairman or a member of the disciplinary committee, before the Vice-Chairman of the Bar Council, and the
said Chairman or the Vice Chairman of the Bar Council, as the case may be, after such hearing as he thinks fit,
shall deliver his opinion and the final order of the disciplinary committee shall follow such opinion.

8. Discuss the nature and functions of accounting/accountancy.

Answer: Meaning of Accounting:
Accounting is the recording, classifying and summarizing of business transactions in terms of money, the preparation
of financial reports, the analysis and interpretations of these reports for the information and guidance of management
and the public.
Meaning Of Law:

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ETHICS – 5th Semester

Law consists of rules made by authority for the proper regulation of community or society. Law means any set of
uniform principles which is generally followed. It if referred to those rules which are issued by the State for
determining the relationship of men in organized manner.

What Is The Relation Of Accounting To Law?

Many Laws are made related to trade and industry; they are mostly presented in accounts. Law of these sectors are
Indian Companies Act, Sale of Goods Act, Partnership Act, Indian Contract Act, Sales Tax, Goods and Services Tax, SEBI,
Income Tax and Wealth Tax. All these Acts are related with the matter of money with their accounting system. In order
to understand and deal with all these Acts, one should have the preliminary knowledge of finances and accounting.

Importance of Accounting in Advocate Profession / Need for Accountancy for Lawyers.

 Lawyers practice law for fee and earn income.
 In their profession they meet with certain expenditure. Thus, they have money transactions.
 Lawyers have to maintain accounts and for this they should have the knowledge of accounting.
 As a member of the Bar council, he should know the Bar council Accounting and the legal provisions of
Accounting of Bar Council.
 Advocate must know the accounting of Legal Services Authorities and the Supreme Court Legal Services
Committee as the government allots grants for legal aid to poor and deserving people.
 Advocates must know the accounting of Advocates as per Supreme Court Rules.
 Advocates must know the Welfare Fund Accounting as the Bar Councils maintain Welfare funds to provide
financial assistance for the needy advocates when they are disabled to earn and all the advocates are the
members of Welfare fund.
 Advocates must know to prepare their own accounts as every advocate is accountable to his client for the
amounts received from him. At the same time he is accountable to the government according to the tax laws.
 An Advocate is bound to accept any brief in the courts or Tribunals.
 An Advocate should keep accounts of the clients.
 An Advocate shall furnish to the client a copy of the clients account on demand provided the necessary
copying charges are paid.
 For corporate related matters like Income Tax, Wealth Tax, GST, SEBI, Partnership Accounts, Contract Act and
for Property related disputes, the advocates should possess good knowledge of accounting.

9. Important branches of Accounting/Accountancy.

Advocates welfare fund
Answer: Meaning of Accounting:
Accounting is the recording, classifying and summarizing of business transactions in terms of money, the preparation
of financial reports, the analysis and interpretation of these reports for the information and guidance of management
and the public.
Meaning of Law:
Law consists of rules made by authority for the proper regulation of community or society. According to Austin, “Law
is a rule laid down for the guidance of a being by an intelligent being having power over him”. Law means any set of
uniform principles which is generally followed. It is referred to those rules which are issued by the State for
determining the relationship of men in organized society.
What are the Branches for Advocates?
1. Bar Council Accounting:
Every advocate is a member of Bar Council, he is a member of general body and he has to accept the accounts
of the Bar Council. Hence he should know the legal provisions of accounting of Bar Council.
2. Legal Service Accounting:
The Government provided the legal services authorities and allots grants for legal aid to poor and deserving
people. All the advocates have to render service under legal aid. Hence they should know the accounting of
legal services accounting.
3. Welfare Fund Accounting:
The bar councils maintain funds to provide financial assistance for the needy advocates when they are
disabled to earn. All thee advocates are the members of Welfare Fund. Hence they should know the legal
provision of welfare fund accounting. The advocates welfare fund act, 2001 is mainly made for the welfare of
advocates. There is a fund created for the benefit of advocates. This is basically the combination of rules,
regulations and principles which are made for the benefit of the advocates.
This act came into force on 14th September, 2001. It is applicable to the whole of India except in those
states which already has its own state Welfare Fund Act functioning.
The act talks about how the fund is made, who makes it, to which the act is applicable. Further how the
welfare of the advocates is done and to what extent it is applicable is also clarified in the act.
How is the Fund constituted?
 Firstly, the fund is created by the government as given under Section 3 of the Act and then it is credited with
the following subscriptions or mediums-
 20 per cent of the amount received by the State Bar Council (Section 15)
 Other forms of contribution by the State Bar Council (Section 3(2)(b))
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ETHICS – 5th Semester

 Any voluntary donation made by the Bar Council of India, State Bar Association, State Advocates’
Association or any other institution or advocate or person to the Fund (Section 3(2)(c))
 Any amount donated by the Central or State Government to the Fund (Section 3(2)(d))
 Any amount borrowed by the State Bar Council for the purpose of the Act (Section 12(1))
 Sums generated by the sale of stamps (Section 26)
 Amount of application fee collected from registration to the Fund by the members
 Sums received from Life Insurance Corporation of India (LIC) or any insurance company on the death of
any member (Section 3(2)(g))
 Interest or dividend generated from the return on investment from any portion or part of the Fund
 Annual subscription collected from members who are not Senior Advocates and Senior Advocates
being Rs 50 and Rs 1000 respectively (Section 18(5) and Section 18(5) (Proviso)).
4. Individual Accounting of advocates or advocate partnerships:
Every advocate is accountable to his client for the amounts received from him. At the same time he is
accountable to the government according to the tax laws. Hence he should maintain accounts in the form of
Day Book, Ledger, Receipt Book, etc. to be on the safer side. Hence it is required to know how to maintain
individual accounts of his profession.
Conclusion: Bar Council Accounting, Legal Services Accounting, Welfare Fund Accounting and Individual Accounting of
Advocates are the Branches of Accounting for Advocates.

10. Bar Bench relations.

Answer: Introduction:
Bar-Bench relationship in law refers to the Advocates’ cordial relationship with the Judges. The Bar (Advocates) and
Bench (Judges) play a key role in administering justice. For the maintenance of the cordial relations between the
Bench and Bar, mutual respect is needed.
Bar and Bench are two parts of the same system, and when they operate in harmony, without which justice cannot
be effectively conducted in the courts.

Bar & Bench

The court hall where there are cases is composed of two parts, namely:
 The position where the judges are seated is called Bench.
 The position the Advocate is seated is called Bar.
The word ‘Bench’ refers to the judges and the ‘Bar’ refers to the Advocates. Bar-Bench relation implies the cordial
relation between the judges and the Advocates.

Faith in the judiciary to the general public and speedy justice depends primarily on the cordial relationship between
the judges and the lawyers, and the role of the lawyers is equally important to the judges in the administration of
justice. It is their joint responsibility to deliver justice.

Bar-Bench Position in the Administration of the Justice System

The Bar and the Bench play a significant part in judicial administration. According to Justice C.L. Anand, there is no
office of such power as the Judge is in the State. Judges have power far greater than any other functionaries. The life
and liberty of the common people, personal domestic happiness, wealth, and integrity subject to the judges’ wisdom
and hang on their decisions to the citizens. When there is no protection left in life when the judiciary is corrupt,
freedom dies, there is no guarantee in personal or domestic happiness. The greatest need of a state is a strong,
powerful, unbiased active and competent judiciary. Courts would perform their duties on account of the role of the
judges in the preservation of the orderly society.

Bar-Bench Relations
Administration of Justice isn’t something that just involves the Bench. It also affects the Bench. To preserve the cordial
ties between the Bar and the Bench, mutual respect is necessary. Lawyers and Judges have to support one another.
The bar is the primary recruiting ground for Judges. And they are both a member of the same culture. Bar and Bench
will have cordial relationships with each other. But due to the nature of the duties to be performed by advocates and
judges, occasionally, funny, often heated and often harsh, they may enter into dialogue.

Scandalizing the court by a lawyer also pollutes the very basis of justice and such behaviour by a lawyer gives
disrepute to the whole administration of justice.

An Advocate’s attitude towards the Tribunal should be one of universal reverence, regardless of the Court’s position.
Advocates Private opinion about the presiding officer, because he has to preserve the integrity of the judiciary as an
institution, he must not demonstrate in his actions. Likewise, it is the judiciary‘s duty not only to be respectful towards
the Bar members but to do everything possible to promote the high traditions of the Bar.
A lawyer or judge’s uncourteous conduct or wrongdoing can amount to contempt of the court; there are two forms of
contempt of the court. For example, to use insulting language against a judge or to threaten him with transfer or
removal or to approach the judge loosely or challenge his authority to ask questions or to make scandalous allegations
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ETHICS – 5th Semester

against a judge etc. It amounts to Court contempt. He is responsible for his uncourteous act and is punishable by Court
for such disrespect. The Court’s contempt punishment is intended to protect public trust in the Administration of
Justice system.

Role of the Bar to Strengthen Bar-Bench Relation

An Advocate will take the following steps to improve the relationship between the Bar and the Bench:

 They should show due respect to the courts, and stop talking ill of the courts and the judiciary.
 They will support the judges in the case trial by explaining the applicable laws in the right and consistent
manner. They should never act in such a way that the judges are annoyed.
 If the judges issue a false order, the judges should not be blamed. Upon appeal, they will try to set the wrong
order right.
 They should not put pressure on or manipulate the judges to receive favourable orders.
 If the judge’s treatment of advocate is annoying and arrogant, he should not enter into direct conflict with the
judge. The matter should be discussed with the judge in his chamber through the Bar Association and he shall
request that such misconduct be avoided.

Bench‘s Role in Strengthening Bar-Bench Relations

The Judges should follow and practice the following steps to strengthen the Bar-Bench relationship:
 Judicial respect: Just as the Advocates respect the Judges, so should the Judges respect the Advocates and the
Judges of the Brethren.
 Patient Hearing: Judges should hear the case with an open mind and without prejudice or bias, respectively.
They will behave according to the benefit of justice. They will provide ample time for the Advocates to present
the case in full.
 Impartiality: Judges are supposed to act impartially. They are not supposed to act in favour of any prosecutor
or party to the conflict.
 Avoidance of Interruptions: Judges have to avoid interruptions whenever possible while the Lawyer interviews
witnesses and presents the argument. The Advocates may be offended by unwarranted interference and
negative remarks from the Judges and thus he may not be able to present the case properly. A Judge’s
intervention may be limited to the following factors:
o To avoid repetition and time-wasting
o To check pertinence
o For clarification
o To share an opinion of the courts on one point and
o To promote swift disposal of the case.
 Proper Interpretation: In the course of the administration of justice, the courts frequently have to interpret
the law, rules, codes, regulations, directives, notices, circulars, bylaws, customs, precedents, etc. to assess the
real meaning of the statutes or to eliminate the confusion or incoherence. In these cases, a proper explanation
should be provided for the purpose of making the parties full justice.
 Avoiding Unreasonable Adjournments: adjournments are granted to provide the parties with a reasonable
opportunity to present the matter. Without fair and appropriate grounds, cases shall not be adjourned where
possible. Unreasonable adjournment is the main reason for the mounting arrears of cases that cause the
parties to suffer hardship.
 Speedy Disposal: ‘Justice deferred is justice denied’ will also be disposed of as soon as possible. When
preferential disposal of old cases is given, new cases should not be in arrears.
 Avoiding Unwarranted Comments: Judges should not make unwarranted open court comments about the
lawyer’s lack of knowledge of the law. They shouldn’t ask any lawyer to leave the trial, without justification
enough. Likewise, they should not ask any Advocate not to come hereafter to his court.
 Knowledge of Law: Judges will have a deep knowledge of the law. They should be able to apply the correct
legislation to the evidence at hand and make the right decision.
 Independence: The primary responsibility for maintaining and retaining judicial independence rests with the
judges.
 Integrity: A judge should be morally responsible and honest. He should have dignity in both individual and
intellect. The character and action should be deserving of praise.
 Industriousness: This means hard work and research frequently and systematically. A judge should get to
know the latest developments and changes in legislation by regularly updating the knowledge.
 Meeting of Judges and Lawyers: At regular intervals meetings of Judges and Advocates are scheduled to
improve the Bar-Bench relationship. The problems of the respective sides can be addressed in these sessions,
and the disagreements can be worked out.
Conclusion
The Colonial System of Judicial Courts has not fully developed into a representative democracy. It is therefore clear
that the principles and thus the relationships between the Bar and the Bench have not fully evolved as equally
responsible functionaries for the proper discharge of legal justice. What the current situation demands are a cordial
and mutually-respectful Bar and Bench with the high aspirations of people’s welfare and the protection of the
constitutional, fundamental and human rights of the aggrieved persons, citizens and others.
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As the Bar and the Bench connect, they should not forget their own long-lasting integrity and the dignity of the
least man you might imagine. Our Father of the Country was also an advocate and his dream was so. He too was both
revered and tried for contempt by the Judges of the Indian Judiciary.

11. Right to Practice / Practice of Law.

Answer: The expression ‘right to practice’, in context of the legal profession refers to the exclusive right of persons
enrolled as advocates to engage in practice of law before courts and tribunals. In Re. Lily Isabel Thomas, 1964 CriLJ724
the Supreme Court equated “right to practice” with “entitlement to practice”. This right enjoys protection at two
levels:
 General protection – Article 19(1)(g) of the Constitution of India protects the right of individuals to practice
professions of their choice. As members of the legal profession, advocates partake in this right along with
members of other trades, occupations and professions.
 Specific Protection – Section 30 of the Advocates Act, 1961 confers on persons whose name is enrolled in the
registers of State Bar Councils the right to practice before any court or tribunal in India including the Supreme
Court. This section has been recently made effective through a notification issued by the Central Government.
 Section 29 of the Advocates Act makes the right of practice an exclusive right and precludes all persons other
than advocates from practicing law.

Conditions for Right to Practice

Bar Council of India has framed rules accordingly and Chapter III of the Bar council of India rules regarding
conditions for right to practice provides as follows:

1. Every Advocate shall be under an obligation to see that his name appears in the roll of State Council within
whose jurisdiction he ordinarily practices:
Provided that if an advocate does not apply for transfer of his name to the roll of the State Bar Council
within whose jurisdiction he is ordinarily practicing within 6 months of the start of the practice, it shall be
deemed that he is guilty of professional misconduct within the meaning of Section 35 of the Advocate Act.
2. An advocate shall not enter into a partnership or any other arrangement for sharing remuneration with any
person or legal practitioner who is not an advocate.
3. Every advocate shall keep informed the bar council on the rolls of which his name stands, of every change
of his address.
4. The Council or a State Council can call upon an advocate to furnish the name of the state council on the role of
which his name is entered, and call for other particulars.
5. i) An Advocate who voluntarily suspends his practice for any reason whatsoever shall intimate by registered
post to the State Bar Council on the rolls of which his name is entered, of such suspension together with his
certificate of enrolment in original.
ii) Whenever any such advocate who has suspended his practice desires to resume his practice shall apply to
the Secretary of the State Bar Council for resumption of practice along with an affidavit damping stating
whether he has incurred any of the disqualifications under Section 24A, Chapter III of the Act during the
period of suspension.
iii) The Enrolment Committee of State Bar Council may order with the resumption of his practice and return
the certificate to him with necessary endorsement. If the enrolment committee is of the view that the
Advocate has incurred any of the disqualifications the committee shall refer the matter under proviso to
Section 26(1) of the Act.
iv) On Suspension and resumption of his practice the Secretary shall act in terms of rule 24 of part IX.
6. A. An advocate whose name has been removed by order of the Supreme Court or a High Court or Bar Council
as the case may be, shall not be entitled to practice the profession of law either before the court or before the
authorities mentioned under Section 30 of the Act, or in Chambers or otherwise.
B. An advocate who is under suspension shall be under the same disability one in which he held office.
7. An officer after his retirement or otherwise ceasing to be in service shall not practice for a period of 2 years in
the area in which he exercised jurisdiction for a period of 3 years before his retirement or otherwise ceasing to
be in service.
8. No Advocate shall be entitled to practice if in the opinion of the Council he is suffering from such contagious
disease as makes the practice of law hazard to the health of others. The disqualification shall last for such
period as the Council directs from time to time.

Advocate Alone entitled to practice

Section 33 of Advocates Act, 1961 provide that except as otherwise provided in this Act or in any other law for the
time being in force, no person shall, on or after the appointed day, be entitled to practice in any court or before any
authority or person unless he is enrolled as an advocate under this Act. It means advocates alone are entitled to
practice in a Court or in any Authority.
Case Law -
Hari Shankar Rastogi vs. Girdhari Sharma AIR 1978 SC 1019 In this the Case Supreme court has held that a private
person who is not an advocate , has no right to barge into Court and claim to argue for a party.
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12. Discuss the development of legal profession in India.

What are the significant changes in the legal profession after independence in India?
Answer: What is Profession?
In society, people occupy different occupations for their livelihood or for their satisfaction. The occupations
may be broadly divided as productive occupation and service occupations. The occupations which require advanced
education and special training are called professions. Law, teaching, architecture, medicine, etc. are related to
professions. They are intended to serve mankind.

What is the legal profession?

The profession of law is one of the oldest and noblest professions. The person in the legal profession is called an
advocate or lawyer. An advocate is an officer of justice and a friend of the court. He has to accept a brief for any man
who comes before the courts and do what one can do honourably on behalf of his client. He has to collect legal
material relating to the case of his client and argue in the courts to help the judges to deliver judgments. The central
function that the legal profession must perform is nothing less than the administration of Justice.
An advocate also serves the public by giving legal advice by explaining the complicated and confusing provisions of
different Acts and Rules to citizens who seek his service.
 An advocate assists the parties in drafting the economic transactions like contracts, agreements, deeds, wills
etc.
 An advocate also provides professional services regarding taxation and trade.
 An advocate should provide free Legal Aid to the poor and deserving people on compassionate grounds.
 An advocate has to protect the fundamental and Human Rights in addition to propagating them among
citizens.
 An advocate is the foreigner of society. He has to fight for law reforms and social change and at the same time
extend his services to maintain law and order.

Development of legal profession in India -

Development of legal profession in India can be divided into three phases are as follows –
1) Legal profession in ancient India -
2) Legal profession in medieval India -
3) Legal profession in British India -
4) Legal profession in India after independence -
1) Legal profession in ancient India -
In India during the earlier period, people live in small groups. The heads of these groups or tribes
delivered justice under open sky before all the members. Open arguments were made. There was no specialist like a
lawyer during those days. When Kingships was established in the society, Kings delivered justice. In King's Court, the
king was advised by his councillors. The law of those days was a rooted in Hindu religion and custom. Dharma was
protected by the king. Though there was no Institution of a lawyer, some intellectual people served justice. From the
stories of Maryada Ramayana and Vikramaditya, we are well aware of the wise man who solved the critical cases of
those days. During those days the legal profession was administered by the administrators. For some time religious
heads dominated the society in administering the justice. During those days, the sufferer presented complaint before
the king in his court and thereafter the court summoned the defendant to submit his reply. The Court then
investigated the matter on the evidence. The King took the advice of the religious heads and wise courtier and then
delivered the judgment. The same procedure was followed in all cases.

2) Legal profession in medieval India -

During the Muslim period, there was no Institution of the legal profession. But both the parties of the
litigation appoint their Vakils. This body decides the case and they were paid a percentage of the amount in the suit.
The Court has the power to decide who should be allowed to appear as Vakils. They act as agent for principals but not
as lawyers.
The same system was continued in North India even under the rule of East India Company.

3) Legal profession in British India -

The Supreme Court of Judicature was established by a Royal Charter in 1774. The Supreme Court was established as
there was dissatisfaction with the weaknesses of the Court of the Mayor. Similar Supreme Courts were established in
Madras in 1801 and Bombay in 1823. The first barristers appeared in India after the opening of the Supreme Court in
Calcutta in 1774. As barristers began to come into the Courts on work as advocates, the attorneys gave up pleading
and worked as solicitors. The two grades of legal practice gradually became distinct and separate as they were in
England. Madras gained its first barrister in 1778 with Mr. Benjamin Sullivan.

4 ) Legal profession in India after independence -

All India Bar Committee, 1951-

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ETHICS – 5th Semester

In 1951, the All India Bar committee was constituted under the chairmanship of justice S.R.Das. The
committee in its report recommended the establishment of an All India Bar Councils and State Bar Councils. It
recommended the powers of enrolment, suspension or the removal of advocates to the Bar Council. It recommended
the common role of advocates should be maintained and they should be authorized to practice in all courts in the
country. It further recommended that there should be no further recruitment of non-graduated pleaders or mukhtars.
The similar recommendations were made by the fifth Law Commission of India in its fourteenth report.

Advocate Act 1961 -

As a result of the report of the "All India Bar Committee” the central government enacted the Advocate
Act 1961. This Act has been in Force In entire India. It brought Revolutionary changes in the legal profession in India. It
was set out to achieve the utility and dignity of the profession of law on an all India basis. The Preamble of says that
the Act amends as well as consolidates the law relating to legal practitioners.
The Advocate Act 1961 repeals the Indian Bar Council Act, 1926 and all other laws on the subject.
The Advocate Act, 1961 provides for an autonomous bar council in each state and All India Bar Council at New
Delhi, consisting mainly of the representatives of the state bar councils. Under the act, a state bar council is to enrol
the qualified person as advocates and to prepare a roll of advocates practicing in the state and thereafter a comment
roll of advocates for the whole of India is to be prepared by the bar council of India.
The Advocates whose names are entered in the common roll would be entitled as of right to practice in all courts in
India including the Supreme Court.
Advocate Act 1961 amended many times to bring changes with the changing times and to solve the practical
problems.

*****
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