Unit one

Investigation and other disciplinary action on the violence of professional ethics in

Nepal Bar Council Act 2050

Section 11 disciplinary committee may be formed of the chairmanship of any councilor by the
council.

A lawyer who acts againsts the Nepal Bar Council Act 2050 and the rule and rule of code of
conduct formed under the Act committee can be make legal action

If someone lodged a Complaint/gives information against the lawyer the who violates , act, Code
of conduct, disciplinary committee shall be formed.

Since then disciplinary committee send start preliminary investigation.

It may issue summons.

witness could be taken disposition.

taking of disposition of witness

If a lawyer is found guilty it shall make decision against the lawyers as the following

To repairmend /warn
To suspended from practicing Law for a specific period of time

c) cancel license of the legal practitioner

If act is done in good intention , by the council, consider are committee of the council for any
member of the community under the act and rule cannot make any legal

A legal practioner can appeal againsts the decision of disciplinary committee before the Supreme
Court within 35 days after receiving the one warn of information.

An unauthorized person cannot take license of the lawyer.

No one can attend, mend any advocate in Any court Office on the behalf of client without
registering in the council of lawyer.

If anyone violates the provision againsts 13 (ii) he/she shall be fined 2000 and imprisioned up to
six months.

Special Provision
Any legal practice nurse cannot be interested course off going to plead in the court in case of
civil case relating to amount and punishment.

but what in criminal cases alone cannot attend specific relates

No slander cases be entertained againsts the lawyer in the court in course of pleading in the court
in behalf of the client.
Senior advocates are not allowed to plead in the court on the behalf of the client.

Without assistant senior advocate are unable to plead the case in the court on the behalf of the
court.

Code of conduct of legal profession 2051

Unit 4

Professional ethics under the existing Nepal.

The exercise of power conformed by section 27 of the Nepal bar council act 2050. Nepal legal
profession has framed the following rules entitled code of conduct of legal profession 2051:
There there are 30 code of conduct

1. A legal practioner should not do any act against the fundamental moral principle. A lawyer has
not been given any right to act against Basic morale.

2. lawyer should not motivate the client to file false cases.

3. lawyer should not create the cases in order to preferred are revenge anyone

4. In course of accompliation / completion or ending of cases a lawyer should not help the court
directly or indirectly.
5. Judicial process should not be missued and caused to mislead.
6. The witness should not be prevent from saying that true statement and carried to say to the
statement of the truth.
7. a lawyer should not propagate in order disseminate in order to defame the judges and lawyers
in course of disposing and deciding the cases regarding to judicial administration.
8. the case shall be withdraw by giving sufficient time to appoint the legal practioner in case
he/she is unable to withdraw the case.
9. the amount of association/ organization should not be embazzeled.
10. to attend in apporiate time in the court.
11. to attend in the court with prescribed uniform with black coat.
12. to respect the judge and the opponent lawyer.
13. not to defame with each other.
14. not to deal with any ego to any lawyers.
15. to make courtesy with the staff of the court.
16. to speak politely.
17. to speak rightly and properly in his/her turn.
18. not to submit any ruled precedent and law that cannot be used for benefits in case while
pleading.
19. please must contain only the facts in which issues are raised.
20. in course of pleading lawyers are not knowingly entitled to plead the facts that are not framed
in the cases.
21. a lawyer must not suppress or distort the truth. Difficulty arises when lawyer does not know
the facts personally.
22. the secrecy provided by the client in the case shall not be disclosed.
23. A lawyer should not represent as a lawyer on the written any document prepared by him/her
involving him/her in witness.
24. Not to disseminate the advertising by kinship, slogan, circular news, correspondence on basic
of legal relationship.
25. No one should have right to
the false description should not be given to nepal Bar Council.
Third unit
The relation between bar and bench.
The difficulty arises when when the lawyer does not know the facts personally. for a lawyer a
knowledge of the fundamental principles of the law is undoubtedly necessary
Morality and justice universal and abiding concern for lawyers everywhere. Lawyers exist for the
public and does not exist for lawyer.
I begin to understand that the decision in every great cases is likely to be written who is the
lifeblood of some lawyers.
Strong hands discuss ideas a lawyer is essentially an officer of the court, a servant of the public
and champion of liberty of his country.
A lawyer is not entitled to be wrong facts and they do mislead the court
Justice Without Law anarchy. Law without Justice is tyranny
Instruments of Justice in accordance with law. Judges are paid to listen and lawyers to talk. Let
us perform our respective duties.
Lawyer should not render that they are officers of the court.
Good judgement reflects assistance which a judge leavied from the bar
an advocate good never.

Advocates are much devoted to Justice and fair play as judges

It is quality of Justice which will establish the quote in confidence of people and it is the
confidence of people with it the cultivate reliance of court. Frank Fruter.
if Lawyer professionally knows the fact of the case he/she should assist the judges.
bar is procedure and bench is substantive.
Water and fish
Two wheels of car
Two sides of same coin
harmony and peace
Right judgement is the combination of bench and bar.
Every judge and lawyer should remember that law is concerned with the external relation of
men.
The fact of the case through evidence law must be shown by lawyer to help the bench to make
decision.
Lawyer and judge comprehended that corruption and negligence is the great Enemy of the
justice. System is the bridge of bar and bench. System guides and leads rule and by relation that
cannot be violated.
Law covers everything related to law. How to make corruption that destroys Society. Corrupt
government is nothing less than and organized crime.
To properly use government utilities that are useful for people. To lead Society as a good leader.
To represent as a good character in our society characters stands for self discipline, loyalty,
readiness to accept responsibility and willingness to admit mistakes.
The basic structure of society is the primary subject of Justice.

Make discussion about the relationship of lawyer towards the state and Society.
Responsibilities of lawyer towards the society and State:
Lawyers exist for society and Society does not exist for lawyer.
Lawyers are social engineers.
To find out mistakes of law and correct it for welfare of society.
To Involved in perpetual study and the standard for better law is the society.
Try to teach discipline and law to the society.
Discipline and law can be isolated. Law makes people discipline.
To maintain Law and Order in the society.
To make people conscious in society through law.
To encourage the state to go to correct route for benefit of people.
To protect human rights and fundamental freedom of people.
To Advocate public interest litigation
To provide legal need as necessity.
To Involved in stopping criminal activities that are harmful to society.
Not to engage in criminal activities
Not to act as broker because lawyers are renowned and guided person. they are also social leader.

Sita Singh Poudel vs Public Service Commission Central office Kathmandu.

Examine observation=be carefully and closely watched
Every stalk should soon be under observation for six months doing six months this stuff can be
discharged from service if any violate law and regulation. The observation of Six month equally
executed before man and woman. After the completion of observation period that staffs are ipso
facto permanent and they cannot be expelled from service.
In this case the petitioner had completed the observation period off six months, the petitioner was
expelled from service from the decision made by distinct public health Makwanpur.
After the said observation period has been completed he/she is eligible for getting permanent
staff. The permanent stuff cannot be expelled by decision, therefore the mentioned decision made
by Public Heath office delegated by public service commission was avoid because the decision
has violated prevailing health service Act and Government Service Act 2049.

Responsibility of lawyers towards opponent lawyer.

 Profession is known as paid job rather than holy.
Respect and use polite language towards opponent lawyer.
Respect needs distance. To respect I can fight only for something that I love. I can love only
what I respect.
ii) Address opponents lawyer as intelligent friend while making plead on behalf of parties.
iii) not to use vulgar warts and defame him/ her .
iv) not to revenge him/ her in every case outside the court.
v) not to take any anger, Ego with him/her on the basis of case.
vi) not to make him/her influence on any matter.
vii) a lawyer is not entitled to plead wrong fact and mislead the court.
viii) a lawyer should avoid bad habits by using inaccurate it expression .
ix) not to create any cases in order to bother/ irritate anyone
x) courtesy and friendship should be maintained.

Responsibility of a lawyer towards the court.

i) The courts are the guardians of constitution and must be mindful the right of
accused. Therefore the court is a reversed organization.
ii) To respect the court like the bend before the bench. Impolite language disregards
respects that can be uncivilized Manner. Lawyers are deemed as a wise scholar it is
presumed that every lawyer must be teacher of law and government.
- use polite language like hon. Judge or your honor.
- to maintain courtesy.
- to maintain code of dress. To maintain prescribed dress while appearing in the
court.

To have the court in proceeding.

Not to present in court intoxicated.
To manage the time in order to be punctual.
iii) To plead the case on behalf of client with deep study of case in the court in order to
make the case de decide easily.
iv) Not to behave to cause the contempt of court.
v) To present all necessary documents and books in the court.
vi) Not to cite the overruled precedents.
vii) Every lawyers should understand that a lawyer is not entitled to plead wrong facts and
try to mislead the court.

Law is what courts do. Real law is not found anywhere except in the judgement of court.
Advocates are much devoted to justice and fair play as the Judge.
All advocates make mistakes. That make better advocates learn from their mistakes and
resolve not to respect them.

Professional ethics of lawyers towards client, opposite party, court ,Society and state.

Responsibility of the lawyers towards its clients

Lawyer: a helper of client, should guide client who in one of the important element offer
law profession. Lawyer and client should go together.
i. Respect the client by using polite language
ii. tried to understand the fact of the case and emotional feelings of client.
iii. Not to encourages the client filing false case.
iv. Never lie with the client to win the case that is impossible to win.
v. The lawyer should not work as broker,
vi. The reasonable fee of the case should be taken to the client.
vii. The converse with The client should be simple and understandable language.
viii. The lawyers should maintain in secrecy in the matter related to case.
ix. The lawyers should not advice in such case in which he/she is not competent.
x. Discourage the client to false statement.
xi. To state the condition of case to the client.
xii. The lawyer should not miss evidence of client and to prove evidence to other party to
own benefit
xiii. The lawyers should not write on blank paper given by client by making signature
xiv. The lawyers should preformed his/her duty to deliver Justice to client as far as
possible
xv. To study the case of client deeply in order to win the case
xvi. The case the parties on the basis of percentage remuneration and lease or tender.
xvii. The facts furnished by client should be kept secret
xviii. The remuneration should not be fixed on the basis of win and lose.
xix. In the course of withdraw of case, opposite lawyer should be given the time to
withdraw the case.
xx. The agent and broker should not be appointed to get the cases.
xxi. The party should not be stopped to make this statement and statement as witness.
xxii. every question asked by the party should be replied abtly and respectively honestly.
xxiii. Lawyer should meet the client in its context of case as per necessity.
xxiv. The Gift should not be taken given by party and his/her relatives.
xxv. if lawfirm is transferred from one place to another it should be given to client as soon
as possible
xxvi. Law Firm is closed before deciding the case alternation law Firm is to be given to the
client
xxvii. Information should be given to the client that if he/she dies deciding the case the said,
should be managed to notice the client.
xxviii. The handle document of case should be informed immediately in the context of given
and taken the said case.

General principles of professional ethics

i. Loyalty to know oneself is to study loyalty in an attitude other.
ii. Transparency: Corruption always starts with little things. He who knows other is learned.

Accountability: Accountability Makes stakeholder responsible. Freedom and responsibility

go together.
Honesty:
Competency: If you are false, proper care. You cannot recognize a real man.
Good behavior: Morality is based on good behavior.
Politeness:
Discipline: Money earned by unworthy means nothing but dust.
Representation: Means to dedicate do the profession and service off stakeholder. To serve the
stakeholders is to represent as profession. he knows what is right- will do it right.
All professionless life is living death. If you salute your profession you no need to solute
anybody.
Collective responsibility reflects mutual confidence.
Opportunity comes from the responsibility for what we do.
The legal profession is the most honorable profession.
There is no profession higher than that of law.
The law of History relates to men.
The illusion of knowledge is not education but ignorance.
In the context of principles of lawyers that should need to follow professional principles of
lawyers.
a) principle of rule of law: Lawyers must be a teacher of Law & government.
b) principle of constitutional Supremacy.
c) principle of natural Justice
c) principle of separation of powers.
d) principle of independent judiciary.
e) principle of interpretation of statutes.
f) principle of precedent.
g) principle of evidence.
h) principle of jurisdiction.
i) principle of ex post facto.
j) principle of locus standi.
k) principle not to witness in any case.
l) principle of estopples.
No one shall be held guilty of any criminal offense on account of any act or omission which
did not constitute criminal offence under national or international law at the time when it was
committed.

Professional ethics
Concept and principles
Profession: A vocation or occupation requiring special usually advanced, education,
knowledge and skill.
Law or medical professions 1210 page black law
Type of job that needs special training or skills especially one that need high level of
Education. Oxford Dictionary page 1010.
Legal/ teaching profession.
A profession involves the idea of an occupation requiring either purely intellectual skill
manual skill as in painting sculpture or surgeory. Skills committed by intellectual skill of
operator.
Profession: employment , Vocation, occupation, Business, trade, job. Profession
Profession is prescribed duty livinghood. Perform your prescribed Duty for doing so better
than not working. One cannot even maintain one's physical body without work.
What is difference between profession and ethics?
Define about profession and ethics.
Is profession defunct without ethics.
Write down about the concept of principal and professional ethics.
or
What do you mean by professional ethics?
Ethic(ethics)
It's said to be a moral principle that content or lastinfluence person's Behavior.
Legal ethics/ medical ethics, a code of ethics that is supposed to be treating of moral feeling,
duties or conduct.
ethic is deemed to be containing percepts of morality.
Ethics are considered to be relating to moral action, motive or character. It is moral code that
is an essential part of professions.
Ethics: Moral, principles and standards:
ethic is scruple to be known what is to be done and what is not to be done in profession.
Ethic makes professionals ponder/ decide to perform prescribed duties against the wrong as
well as illegal act.
Ethic is moral obligation to perform prescribed duties that is not against moral principles.
Ethics is knowing the difference between what you have right to do and what is right to do.
Peter Stewart.
Concept
Profession and ethics go hand-in-hand.
Ethic lead to profession.
Two sides of same coin.
Ethics and profession make men happy.
As long as profession and it starts to appear ethic follows profession like shadow of the body.
Profession without ethics,it is corrupt conception.
Social obligation is connected to profession.
Action oriented to duty and behavior should address the professions.
Profession oriented to people and Country produce good result.
ethic teach person to respect and love the profession rightly, morally and justifiably.
Every professionals should be skillful in their profession.
Professional ethics make profession honest, competent, active, loyal and successful.
Principles
Respect and discipline profession are part and parcel of today's society. Immoral professions
create dishonest destruction and hatred.
Today's profession should be respected disciplined and moral job. Professional activities
should be controlled by professional ethics.
Special education and knowledge should lead to professional ethics.

I envy no one know I am partial to anyone. I'm equal to all but whoever renders service must
haves in devotion is a friend is in me and I am a friend to him.
Everybody needs equal opportunities to grow unequal. We need good people to have good
government. The government needs support. Professional ethics of Good Men in order to
exist or is necessary part of profession in 21st century. Corrupt government is nothing less
than organized crime. Professional ethics should be based on civilised manner.