CHANAKYA NATIONAL LAW

UNIVERSITY

Disciplinary Proceeding of Bar Council of

India
Professional Ethics

Submitted to:
Dr. Anshuman

Submitted by:
Garima Jain
IXth Semester
419
ACKNOWLEDGEMENT

I take this opportunity to express our humble gratitude and personal regards to Dr.
Anshuman, for inspiring us and guiding us during the course of this project work and also for
his cooperation and guidance from time to time during the course of this project work on the
topic Disciplinary Committee of Bar Council of India.

I express our gratitude to the faculty, Professional Ethics for the concepts given by him in the
subject which has been the base for this project work.

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 Research Methodology

Aims and Objectives:

The aim of the project is to present a detailed study of Disciplinary Committee of Bar
Council of India.

Scope and Limitations:

The project is basically based on the doctrinal method of research as no field work is done on
this particular topic. The whole project is made with the use of the secondary sources.

Method of Writing:

The method of writing followed in the course of this research paper is primarily analytical
and descriptive.

Mode of Citation:

The researcher has followed uniform form of citation throughout the course of this research
paper.

Sources of Data:

The following secondary sources of data have been used in the project-

1. Books
2. Websites

3. Statute

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Contents

I N T R O D U C T I O N ........................................................................................................1

B R I E F H I S T O R Y O F L A W I N I N D I A .................................................3

R U L E S O N P R O F E S S I O N A L S T A N D A R D S ..................................1 1

D I S C I P L I N A R Y P O W E R S O F B A R C O U N C I L O F I N D I A

...............................................................................................................................................1 8

C O N C L U S I O N ...........................................................................................................2 1

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 INTRODUCTION

BAR COUNCIL OF INDIA

Legal Profession in India is governed by 'The Advocates' Act. 1961, as amended from time to
time. There is a self-contained Code of Law relating to legal professionals. It provides for the
formation of State Bar Councils and the Bar Council of India. Persons enrolled as advocates
with any Bar Council are entitled to practise the Profession of Law throughout the country.

No person can be enrolled with more than one Bar Council. The Bar Councils have
disciplinary jurisdiction over advocates on their rolls, but this is subject to appeal to the Bar
Council of India, and a further right of appeal to the Supreme Court of India

Function of Bar Council of India

Some of the important functions of the Bar Council of India are as under:
to lay down standards of professional conduct and etiquette for advocates;
to lay down the procedure to be followed by its disciplinary committee and the
disciplinary committee of each State Bar Council;
to safeguard the rights, privileges and interests of advocates;
to promote and support law reform;
to deal with and dispose of any matter arising under this Act, which may be referred
to it by a State Bar Council;
to exercise general supervision and control over State Bar Councils;
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
Councils;
to recognise Universities whose degree in law shall be a qualification for enrolment as
an advocate and for that purpose to visit and inspect Universities or cause the State
Bar Council to visit and inspect universities in accordance with such directions as it
may give in this behalf.
to conduct seminars and organise talks on legal topics by eminent jurists and publish
journals and papers of legal interest;
to organise on a reciprocal basis foreign qualifications in law obtained outside India
for the purpose of admission as an advocate under this Act;
to manage and invest the funds of the Bar Council;
 to provide for the election of its members;
to perform all other functions conferred on it by or under this Act.
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 organise 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. The Bar Council of India may receive any grants, donations, gifts
or benefactions for all or any of the specified purposes which shall be credited to the
appropriate fund or funds constituted under that sub-section.

Constitution of Disciplinary Committee: Constitution of Legal aid Committees Constitution

of committees other than disciplinary Committees: (a) Executive committee (b) Enrolment
Committee.

BRIEF HISTORY OF LAW IN INDIA

Law in India has evolved from religious prescription to the current constitutional and legal
system we have today, traversing through secular legal systems and the common law. India
has a recorded legal history starting from the Vedic ages and some sort of civil law system
may have been in place during the Bronze Age and the Indus Valley civilization. 1 Law as a
matter of religious prescriptions and philosophical discourse has an illustrious history in
India. Emanating from the Vedas, the Upanishads and other religious texts, it was a fertile
field enriched by practitioners from different Hindu philosophical schools and later by Jains
and Buddhists. Secular law in India varied widely from region to region and from ruler to
ruler. Court systems for civil and criminal matters were essential features of many ruling
dynasties of ancient India. Excellent secular court systems existed under the Mauryas (321-
185 BCE) and the Mughals (16th 19th centuries) with the latter giving way to the current
common law system.2

Law in British-ruled India

The common law system a system of law based on recorded judicial precedents- came to
India with the British East India Company. The company was granted charter by King
George I in 1726 to establish Mayors Courts in Madras, Bombay and Calcutta (now
Chennai, Mumbai and Kolkata respectively). Judicial functions of the company expanded
substantially after its victory in Battle of Plassey and by 1772 companys courts expanded out
from the three major cities. In the process, the company slowly replaced the existing Mughal
legal system in those parts.

Following the First War of Independence in 1857, the control of company territories in India
passed to the British Crown. Being part of the empire saw the next big shift in the Indian
legal system. Supreme courts were established replacing the existing mayoral courts. These
courts were converted to the first High Courts through letters of patents authorized by the
Indian High Courts Act passed by the British parliament in 1862. 3 Superintendence of lower
courts and enrolment of law practitioners were deputed to the respective high courts. During
the Raj, the Privy Council acted as the highest court of appeal. Cases before the council were
adjudicated by the law lords of the House of Lords. The state sued and was sued in the name
of the British sovereign in her capacity as Empress of India.

During the shift from Mughal legal system, the advocates under that regimen, vakils, too
followed suit, though they mostly continued their earlier role as client representatives. The

1
Dr. P. B. Mukharji, Professional Ethics of the Advocate, University Of Burdwan.
2
Raju Ramachandran, Professional Ethics: Changing Profession and Changing Ethics, Lexis Nexis,
Butterworths.
3
Nicolson and Webb, Professional Legal Ethics, OXFORD.
doors of the newly created Supreme Courts were barred to Indian practitioners as right of
audience was limited to members of English, Irish and Scottish professional bodies. 4
Subsequent rules and statutes culminating in the Legal Practitioners Act of 1846 which
opened up the profession regardless of nationality or religion.

Coding of law also began in earnest with the forming of the first Law Commission. Under the
stewardship of its chairman, Thomas Babington Macaulay, the Indian Penal Code was
drafted, enacted and brought into force by 1862. The Code of Criminal Procedure was also
drafted by the same commission. Host of other statutes and codes like Evidence Act (1872)
and Contracts Act (1872).

Law after Independence

At the dawn of independence, the parliament of independent India was the forge where a
document that will guide the young nation was being crafted. It will fall on the keen legal
mind of B. R. Ambedkar to formulate a constitution for the newly independent nation. The
Indian Bar had a role in the Independence movement that can hardly be overstated that the
tallest leaders of the movement across the political spectrum were lawyers is ample proof.
The new nation saw its first leader in Jawaharlal Nehru, and a paternal figure in M. K.
Gandhi, both exemplary lawyers.5 Perhaps it is the consequent understanding of law and its
relation to society that prompted the founding fathers to devote the energy required to form a
Constitution of unprecedented magnitude in both scope and length.

The Constitution of India is the guiding light in all matters executive, legislative and judicial
in the country. It is extensive and aims to be sensitive. The Constitution turned the direction
of system originally introduced for perpetuation of colonial and imperial interests in India,
firmly in the direction of social welfare. The Constitution explicitly and through judicial
interpretation seeks to empower the weakest members of the society.

India has an organic law as consequence of common law system. Through judicial
pronouncements and legislative action, this has been fine-tuned for Indian conditions. The
Indian legal systems move towards a social justice paradigm, though undertook
independently, can be seen to mirror the changes in other territories with common law

4
Gary Bellow & Bea Moultan, The Lawyering Process: Ethics and Professional Responsibility, The Foundation
Press, Inc.
5
S. C. Sarkar, Modern Advocay and Professinal Ethics.
system.6 From an artifice of the colonial masters, the Indian legal system has evolved as an
essential ingredient of the worlds largest democracy and a crucial front in the battle to secure
constitutional rights for every citizen.

ABOUT THE COUNCIL

The Bar Council of India is a statutory body created by Parliament to regulate and represent
the Indian bar. Bar perform the regulatory function by prescribing standards of professional
conduct and etiquette and by exercising disciplinary jurisdiction over the bar. Bar also sets
standards for legal education and grants recognition to Universities whose degree in law will
serve as qualification for enrolment as an advocate.7

In addition, we perform certain representative functions by protecting the rights, privileges

and interests of advocates and through the creation of funds for providing financial assistance
to organise welfare schemes for them.

The Bar Council of India was established by Parliament under the Advocates Act, 1961. The
following statutory functions under Section 7 cover the Bar Councils regulatory and
representative mandate for the legal profession and legal education in India:
To lay down standards of professional conduct and etiquette for advocates.
To lay down procedure to be followed by its disciplinary committee and the
disciplinary committees of each State Bar Council.
To safeguard the rights, privileges and interests of advocates.
To promote and support law reform.
To deal with and dispose of any matter which may be referred to it by a State Bar
Council.
To promote legal education and to lay down standards of legal education. This is done
in consultation with the Universities in India imparting legal education and the State
Bar Councils.
To recognise Universities whose degree in law shall be a qualification for enrolment
as an advocate. The Bar Council of India visits and inspects Universities, or directs
the State Bar Councils to visit and inspect Universities for this purpose.

6
Deborah L. Rhode, In The Ineterst of Justice, Oxford Universtiy Press.
7
P. Ramanatha Aiyer, Legal & Professional Ethics Legal Ethics, Duties & Privileges Of a Lawyer, WADHWA
PUBLICATIONS.
 To conduct seminars and talks on legal topics by eminent jurists and publish journals
and papers of legal interest.
To organise legal aid to the poor.
To recognise on a reciprocal basis, the foreign qualifications in law obtained outside
India for the purpose of admission as an advocate in India.
To manage and invest the funds of the Bar Council.
To provide for the election of its members who shall run the Bar Councils.

The Bar Council of India can also constitute funds for the following purposes:
Giving financial assistance to organise welfare schemes for poor, disabled or other advocates,
Giving legal aid, and Establishing law libraries. The Bar Council of India can also receive
grants, donations, and gifts for any of these purposes.

Constitution
The Bar Council of India consists of members elected from each State Bar Council, and the
Attorney General of India and the Solicitor General of India who are ex-officio members. The
members from the State Bar Councils are elected for a period of five years. The Council
elects its own Chairman and Vice-Chairman for a period of two years from amongst its
members.

The Chairman
Gopal Subramaniam brings extensive legal and administrative experience to his twin roles of
Chairman of the Bar Council of India and Solicitor General of India.8 A key player in several
landmark constitutional law proceedings as counsel, the Supreme Court has often called for
his expert service. The Chairman of the Bar Council of India is elected from amongst its
members, ordinarily for a period of two years. Assisted by the various committees of the
Council, the chairman acts as the chief executive and director of the Council. Starting with
MC Setalvad, the post has seen several stalwarts occupy it.

Gopal Subramaniums tenure as the Additional Solicitor General of India during 2004-2009
saw him representing the Union in cases charged with political and juridical complexities
such as the Bihar Assembly dissolution, OBC quotas, de-freezing of Bofors related accounts,
Sethusamudram project and airport privatization. He was amicus curiae in similarly
controversial issues such as the petrol pump allotments and the matter of fake encounters in
8
www.barcouncilofindia.org/
Gujarat. Subramaniam is active in other courts too and was instrumental in confirming the
trial court convictions in the Parliament attack case in the High Court of Delhi.

He also served as counsel to various judicial and enquiry commissions, most notably, for the
Justice Verma Commission of Inquiry into security lapses leading to the assassination of the
former Prime Minister, Rajiv Gandhi. Subramaniam was closely associated with the Lyngdoh
Committee and the Raghavan Committee, both formed at the Supreme Courts behest. While
the former has taken steps towards cleaning up the often violent campus politics, the latter is
responsible for the stringent anti-ragging measures in place now. Gopal Subramaniam was
designated a senior advocate by the Supreme Court in 1993, pursuant to a sou motu
nomination by the full court.9 He is also a member of the governing council of the Indian
Law Institute and advisor to the National Human Rights Commission.

Committees
The Bar Council of India has various committees that make recommendations to the Council.
The members of these committees are elected from amongst the members of the Council. The
Advocates Act mandates the creation of a Disciplinary Committee (under section 9), a Legal
Education Committee, and an Executive Committee (under section 10). Chapter III of the Bar
Council of India Rules permit the Council to appoint from amongst its members, one or more
committees in addition to those specified in the Act. The Council can delegate powers, duties,
and functions to these committees.10 The term of the members of the committees of the
Council has been specified in Chapter III of the Bar Council of India Rules. A different term
can be specified at the time of election.

Set out in brief here are the structure, composition, authorities, responsibilities, and other
details of some of the Bar Council of Indias committees:

Legal Education Committee

The Legal Education Committee consists of five members of the Bar Council of India and
five co-opted members to represent the judiciary, the Law Ministry, the University Grants
Commission, and academia.11 This committee makes recommendations to the Bar Council of
India on all matters pertaining to legal education in the country. The committee elects its own
Chairman.

9
Ibid.
10
www.studentsguide.in/.../function-of-bar-council-of-india.html
11
Ibid.
The Legal Education Committee has the power:
To make recommendations to the Council for laying down the standards of legal
education for Universities.
To visit and inspect Universities and report the results to the Council.
To recommend to the Council the conditions subject to which foreign qualification in
law obtained by persons other than citizens of India may be recognised.
To recommend to the Council for recognition of any degree in law of any University
in the territory of India.
To recommend the discontinuance of recognition of any University already made by
the Council.

Disciplinary Committee
The disciplinary committees of the Bar Council of India hears applications for revision by
persons against summary dismissal of their complaints against advocates for professional
misconduct, by the State Bar Councils. Appeals lie before the Bar Council of India against
orders of the disciplinary committees of the State Bar Councils. Every such appeal is heard
by the disciplinary committee of the Bar Council of India, which may pass an order,
including an order varying the punishment awarded by the disciplinary committee of the
State Bar Council. Each disciplinary committee consists of three members. The term of the
members of this committee is three years.

Executive Committee
The Executive Committee is the executive authority of the Council, and is responsible for
giving effect to the resolutions of the Council. Members of the Executive Committee are
elected from amongst the members of the Bar Council of India. The committee elects its
Chairman and Vice-chairman.12
The Executive Committee has the power:
To manage the funds of the Council,
To invest the funds of the Council in the manner directed by the Council from time to
time,
To grant leave to members of the staff, other than casual leave,
To prescribe books of account, registers and files for the proper management of the
affairs of the Council,
To appoint and supervise the work of the members of the staff and prescribe their
conditions of service

12
www.allindiabar.org/
 To appoint auditors and fix their remuneration,
To consider the annual audit report and place it before the Council with its comments
for its consideration,
To maintain a library and under the directions of the Council, publish any journal,
treatise or pamphlets on legal subjects,
To prepare and place before the Council, the annual administration report and the
statement of account,
To provide for proper annual inspection of the office and its registers,
To authorise the Secretary to incur expenditure within prescribed limits,
To fix travelling and other allowances to members of the committees of the Council,
and to members of the staff,
To delegate to the Chairman and/or the Vice-Chairman any of its aforementioned
powers,
To do all other things necessary for discharging the aforesaid functions.

Advocate Welfare Committee

The Advocates Welfare Committee looks into applications made by advocates through
various State Bar Councils for welfare funds. 13 The committee verifies the application and
allocates funds. The Advocates Welfare committee is empowered by the Advocates Welfare
Fund Act, 2001. The State Bar Council shall pay to the Fund annually, an amount equal to
twenty per cent of the enrolment fee received by it from advocates clause (f) of Section 24 of
the Advocates Act. The term of each member in this committee is two years.

There are some other committee are headed by Bar Council of India. These are:
Legal Aid Committee
Building Committee
Rules Committee

13
Ibid.
 RULES ON PROFESSIONAL STANDARDS

Advocates, in addition to being professionals, are also officers of the courts and play a vital
role in the administration of justice. Accordingly, the set of rules that govern their
professional conduct arise out of the duty that they owe the court, the client, their opponents
and other advocates.14

Rules on the professional standards that an advocate needs to maintain are mentioned in
Chapter II, Part VI of the Bar Council of India Rules. These rules have been placed there
under section 49(1)(c) of the Advocates Act, 1961.

RULES ON AN ADVOCATE S DUTY TOWARDS THE COURT

1. Act in a dignified manner

During the presentation of his case and also while acting before a court, an advocate should
act in a dignified manner. He should at all times conduct himself with self-respect. However,
whenever there is proper ground for serious complaint against a judicial officer, the advocate
has a right and duty to submit his grievance to proper authorities.15
2. Respect the court
An advocate should always show respect towards the court. An advocate has to bear in mind
that the dignity and respect maintained towards judicial office is essential for the survival of a
free community.

14
Legal Ethics & Professional Responsibility, edited by Ross Grauston, Clarendon Press, Oxford.
15
Manohar Raj Saxenas paper on Professional Ethics presented in the Silver Jubilee Celebrations of the Bar
Council, AP, Hyderabad, 1987.
3. Not communicate in private
An advocate should not communicate in private to a judge with regard to any matter pending
before the judge or any other judge. An advocate should not influence the decision of a court
in any matter using illegal or improper means such as coercion, bribe etc.
4. Refuse to act in an illegal manner towards the opposition
An advocate should refuse to act in an illegal or improper manner towards the opposing
counsel or the opposing parties. He shall also use his best efforts to restrain and prevent his
client from acting in any illegal, improper manner or use unfair practices in any mater
towards the judiciary, opposing counsel or the opposing parties.
5. Refuse to represent clients who insist on unfair means
An advocate shall refuse to represent any client who insists on using unfair or improper
means. An advocate shall excise his own judgment in such matters. He shall not blindly
follow the instructions of the client. He shall be dignified in use of his language in
correspondence and during arguments in court. He shall not scandalously damage the
reputation of the parties on false grounds during pleadings. He shall not use unparliamentary
language during arguments in the court.
6. Appear in proper dress code
An advocate should appear in court at all times only in the dress prescribed under the Bar
Council of India Rules and his appearance should always be presentable.
7. Refuse to appear in front of relations
An advocate should not enter appearance, act, plead or practice in any way before a judicial
authority if the sole or any member of the bench is related to the advocate as father,
grandfather, son, grandson, uncle, brother, nephew, first cousin, husband, wife, mother,
daughter, sister, aunt, niece, father-in-law, mother-in-law, son-in-law, brother-in-law
daughter-in-law or sister-in-law.
8. Not to wear bands or gowns in public places
An advocate should not wear bands or gowns in public places other than in courts, except on
such ceremonial occasions and at such places as the Bar Council of India or as the court may
prescribe.
9. Not represent establishments of which he is a member
An advocate should not appear in or before any judicial authority, for or against any
establishment if he is a member of the management of the establishment. This rule does not
apply to a member appearing as amicus curiae or without a fee on behalf of the Bar
Council, Incorporated Law Society or a Bar Association.
10. Not appear in matters of pecuniary interest
An advocate should not act or plead in any matter in which he has financial interests. For
instance, he should not act in a bankruptcy petition when he is also a creditor of the bankrupt.
He should also not accept a brief from a company of which he is a Director.
11. Not stand as surety for client
An advocate should not stand as a surety, or certify the soundness of a surety that his client
requires for the purpose of any legal proceedings.

RULES ON AN ADVOCATE S DUTY TOWARDS THE CLIENT

1. Bound to accept briefs

An advocate is bound to accept any brief in the courts or tribunals or before any other
authority in or before which he proposes to practice. 16 He should levy fees which is at par
with the fees collected by fellow advocates of his standing at the Bar and the nature of the
case. Special circumstances may justify his refusal to accept a particular brief.
2. Not withdraw from service
An advocate should not ordinarily withdraw from serving a client once he has agreed to serve
them. He can withdraw only if he has a sufficient cause and by giving reasonable and
sufficient notice to the client. Upon withdrawal, he shall refund such part of the fee that has
not accrued to the client.
3. Not appear in matters where he himself is a witness
An advocate should not accept a brief or appear in a case in which he himself is a witness. If
he has a reason to believe that in due course of events he will be a witness, then he should not
continue to appear for the client. He should retire from the case without jeopardising his
clients interests.
4. Full and frank disclosure to client
An advocate should, at the commencement of his engagement and during the continuance
thereof, make all such full and frank disclosure to his client relating to his connection with
the parties and any interest in or about the controversy as are likely to affect his clients
judgement in either engaging him or continuing the engagement.17
5. Uphold 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. An advocate shall do so without regard to any unpleasant consequences to
himself or any other. He shall defend a person accused of a crime regardless of his personal
16
www.lawyersclubindia.com/.../Role-of-Bar-Council-of-India-in-the-Development-of-Legal-Edu-2904.asp
17
Sanjiva Row, The Advocates Act, 1961, D.V. Subba Rao, LEXIS NEXIS, BUTTERWORDS.
opinion as to the guilt of the accused. An advocate should always remember that his loyalty is
to the law, which requires that no man should be punished without adequate evidence.
6. Not suppress material or evidence
An advocate appearing for the prosecution of a criminal trial should conduct the proceedings
in a manner that it does not lead to conviction of the innocent. An advocate shall by no means
suppress any material or evidence, which shall prove the innocence of the accused.
7. Not disclose the communications between client and himself
An advocate should not by any means, directly or indirectly, disclose the communications
made by his client to him. He also shall not disclose the advice given by him in the
proceedings. However, he is liable to disclose if it violates Section 126 of the Indian
Evidence Act, 1872.
8. An advocate should not be a party to stir up or instigate litigation.
9. An advocate should not act on the instructions of any person other than his client or
the clients authorised agent.
10. Not charge depending on success of matters
An advocate should not charge for his services depending on the success of the matter
undertaken. He also shall not charge for his services as a percentage of the amount or
property received after the success of the matter.
11. Not receive interest in actionable claim
An advocate should not trade or agree to receive any share or interest in any actionable claim.
Nothing in this rule shall apply to stock, shares and debentures of government securities, or to
any instruments, which are, for the time being, by law or custom, negotiable or to any
mercantile document of title to goods.
12. Not bid or purchase property arising of legal proceeding
An advocate should not by any means bid for, or purchase, either in his own name or in any
other name, for his own benefit or for the benefit of any other person, any property sold in
any legal proceeding in which he was in any way professionally engaged.18 However, it does
not prevent an advocate from bidding for or purchasing for his client any property on behalf
of the client provided the Advocate is expressly authorised in writing in this behalf.
13. Not bid or transfer property arising of legal proceeding
An advocate should not by any means bid in court auction or acquire by way of sale, gift,
exchange or any other mode of transfer (either in his own name or in any other name for his
own benefit or for the benefit of any other person), any property which is the subject matter
of any suit, appeal or other proceedings in which he is in any way professionally engaged.

18
Dr. Kailash Rai, Legal Ethics, Accountancy for Lawyers and Bench Bar Relations.
14. Not adjust fees against personal liability
An advocate should not adjust fee payable to him by his client against his own personal
liability to the client, which does not arise in the course of his employment as an advocate.
15. An advocate should not misuse or takes advantage of the confidence reposed in him
by his client.
16. Keep proper accounts
An advocate should always keep accounts of the clients money entrusted to him. The
accounts should show the amounts received from the client or on his behalf. The account
should show along with the expenses incurred for him and the deductions made on account of
fees with respective dates and all other necessary particulars.19
17. Divert money from accounts
An advocate should mention in his accounts whether any monies received by him from the
client are on account of fees or expenses during the course of any proceeding or opinion. He
shall not divert any part of the amounts received for expenses as fees without written
instruction from the client.
18. Intimate the client on amounts
Where any amount is received or given to him on behalf of his client, the advocate must
without any delay intimate the client of the fact of such receipt.
19. Adjust fees after termination of proceedings
An advocate shall after the termination of proceedings, be at liberty to adjust the fees due to
him from the account of the client. 20 The balance in the account can be the amount paid by
the client or an amount that has come in that proceeding. Any amount left after the deduction
of the fees and expenses from the account must be returned to the client.
20. Provide copy of accounts
An advocate must provide the client with the copy of the clients account maintained by him
on demand, provided that the necessary copying charge is paid.
21. An advocate shall not enter into arrangements whereby funds in his hands are
converted into loans.
22. Not lend money to his client
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. An advocate cannot be held guilty for a
breach of this rule, if in the course of a pending suit or proceeding, and without any
arrangement with the client in respect of the same, the advocate feels compelled by reason of

19
Ibid.
20
Stephen Gillers, Regulation of Lawyers: Problems of Law & Ethics, Little, Brown & Com Boston Toronto,
London.
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.
23. Not appear for opposite parties
An advocate who has advised a party in connection with the institution of a suit, appeal or
other matter or has drawn pleadings, or acted for a party, shall not act, appear or plead for the
opposite party in the same matter.

RULES ON ADVOCATE S DUTY TO OPPONENTS

1. Not to negotiate directly with opposing party
An advocate shall not in any way communicate or negotiate or call for settlement upon the
subject matter of controversy with any party represented by an advocate except through the
advocate representing the parties.21
2. Carry out legitimate promises made
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 the rules of the Court.

RULES ON AN ADVOCATE S DUTY TOWARDS FELLOW ADVOCATES

1. Not advertise or solicit work

An advocate shall not solicit work or advertise in any manner. He shall not promote himself
by circulars, advertisements, touts, personal communications, and interviews other than
through personal relations, furnishing or inspiring newspaper comments or producing his
photographs to be published in connection with cases in which he has been engaged or
concerned.22
2. Sign-board and Name-plate
An advocates 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 Member 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.
3. Not promote unauthorized practice of law
An advocate shall not permit his professional services or his name to be used for promoting
or starting any unauthorised practice of law.
4. An advocate shall not accept a fee less than the fee, which can be taxed under rules
when the client is able to pay more.
21
Justice Cardozo on Judicial Process.
22
Ibid.
5. Consent of fellow advocate to appear
An advocate should not appear in any matter where another advocate has filed a vakalt or
memo for the same party.23 However, the advocate can take the consent of the other advocate
for appearing. In case, an advocate is not able to present the consent of the advocate who has
filed the matter for the same party, then he should apply to the court for appearance. He shall
in such application mention the reason as to why he could not obtain such consent. He shall
appear only after obtaining the permission of the Court.

ENROLMENT OF ADVOCATES

Eligible persons are admitted as advocates on the rolls of the State Bar Councils. The
Advocates Act, 1961 empowers State Bar Councils to frame their own rules regarding
enrolment of advocates.24 Contact details for individual Councils can be found here. The
Councils Enrolment Committee may scrutinise a candidates application. Those admitted as
advocates by any State Bar Council are eligible for a Certificate of Enrolment.

All applicants for enrolment as advocates are required under Section 24 (1) (f) of the
Advocates Act, 1961 to pay an enrolment fee of Rs.600/- (Rupees Six hundred only) to the
respective State Bar Council and Rs.150/- (Rupees One hundred Fifty only) to the Bar
Council of India. These payments should be made using separate demand drafts.

PROFESSIONAL STANDARDS
Advocates have the dual responsibility of upholding the interests of the client fearlessly while
conducting themselves as officers of the court. Accordingly, they are expected to adhere to
the highest standards of probity and honour. An advocates conduct should reflect their
privileged position in society which derives from the nobility of this profession. 25 In a nut
shell, if you are an advocate your service to the common man should be compassionate,
moral and lawful. The rules mentioned in the Chapter II, Part IV of the Bar Council of India
Rules on standards of professional conduct and etiquette shall be adopted as a guide for all
advocates in conducting matters related to law.

23
Justice V. R. Krishna Iyer, Law, Lawyers and Justice, B. R. PUBLISHING CORPN, DELHI.
24
K.G.Chari, Advocay and Professional Ethics.
25
P. Ramanatha Iyer, Legal & Professional Ethich Legal Ethics, Duties & Privileges of a Lawyer, Wadhwa,
Nagpur, at p. 38.
DISCIPLINARY POWERS OF BAR COUNCIL OF
INDIA

Where on receipt of a complaint or otherwise the Bar Council of India has reason to believe
that any advocate whose name is not entered on any State roll has been guilty of professional
or other misconduct, it shall refer the case for disposal to its disciplinary committee.26

Notwithstanding anything contained in this chapter, the disciplinary committee of the Bar
Council of India may, either of its own motion or on a report by any State Bar Council or on
an application made to it by any person interested, withdraw for inquiry before itself any
proceedings for disciplinary action against any advocate pending before the disciplinary
committee of any State Bar Council and disposed of the same.

The disciplinary committee of the Bar Council of India, in disposing of any case under this
section, shall observe, so far as may be, the procedure laid down in section 35, the references
to the Advocate-General in that section being construed as references to the Attorney--
General of India.

In disposing of any proceedings under this section the disciplinary committee of the Bar
Council of India may make any order which the disciplinary committee of a State Bar
Council can make under sub-section (3) of section 35, and where any proceedings have been
withdrawn for inquiry before the disciplinary committee of the Bar Council of India, the State
Bar Council concerned shall give effect to any such order.

In Vikas Deshpande v. Bar Council of India,27an advocate practicing as an advocate on record

in the Supreme Court filed a review petition making baseless allegations and insinuations
reflecting on the conduct of Judges of Supreme Court, the matter is not within jurisdiction of
Supreme Court and only Bar Council of India is empowered to take appropriate action.

Changes in constitution of disciplinary committees28

Whenever in respect of any proceedings under section 35 or section 36, a disciplinary
committee of the State Bar Council or a disciplinary committee of the Bar Council of India
26
S 36, The Advocates Act, 1961.
27
(2003) 7 Scale 212.
28
S 36A, The Advocates Act, 1961.
ceases to exercise jurisdiction and is succeeded by another committee which has and
exercises jurisdiction, the disciplinary committee of the State Bar Council or the disciplinary
committee of the Bar Council of India, as the case may be, so succeeding may continue the
proceedings from the stage at which the proceedings were so left by its predecessor
committee.
Disposal of disciplinary proceedings29
(1) The disciplinary committee of a State Bar Council shall dispose of the complaint
received by it under section 35 expeditiously and in each case the proceedings shall be
concluded within a period of one year from the date of the receipt of complaint or the date of
initiation of the proceedings at the instance of the State Bar Council, as the case may be,
failing which such proceedings shall stand transferred to the Bar Council of India which may
dispose of the same as if it were a proceeding withdrawn for inquiry under sub-section (2) of
section 36.

(2) Notwithstanding anything contained in sub-section (1), where on the commencement of

the Advocates (Amendment) Act, 1973 (60 of 1973), any proceedings in respect of any
disciplinary matter against an advocate is pending before the disciplinary committee of a
State Bar Council, that disciplinary committee of the State Bar Council shall dispose of the
same within a period of six months from the date of such commencement or within a period
of one year from the date of the receipt of the complaint or, as the case may be, the date of
initiation of the proceedings at the instance of the State Bar Council, whichever is later,
failing which such proceedings shall stand transferred to the Bar Council of India for disposal
under sub-section (1).

Appeal to the Bar Council of India30

(1) Any person aggrieved by: an order of the disciplinary committee of a State Bar Council
made under section 35 or the Advocate-General of the State may, within sixty days of the
date of the communication of the order to him, prefer an appeal to the Bar Council of India.

(2) Every such appeal shall be heard by the disciplinary committee of the Bar Council of
India which may pass such order including an order varying the punishment awarded by the
disciplinary committee of the State Bar Council thereon as it deems fit:

29
S. 36B, The Advocates Act, 1961.
30
S. 37, The Advocates Act, 1961
Provided that no order of the disciplinary committee of the State Bar Council shall be varied
by the disciplinary committee of the Bar Council of India so as to prejudicially affect the
person aggrieved without giving him reasonable opportunity of being heard.

CONCLUSION

Ensuring equality before the law and the supremacy of the rule of law in
the Indian democracy.

In the largest democracy in the world, the role of the legal profession cannot be
underestimated as it is the law and the delivery of justice that serve as the conscience of a
nation and the foundation of the society that India is, and will become, in the years to come.
In spite of the wear and tear and the erosion suffered during the passage of time, the legal
fraternity in India continues to be an influential seat of society and the legal profession carries
with it the identity of a noble and learned profession, which has produced great leaders for
India (including during our freedom struggle). However, our profession finds itself at the
crossroads today and it is the path that we choose that will surely influence the future of India
as a true democracy.

On the one hand we face a prosperous future as a country with a growing economy and the
aspirations of a billion Indians unleashed upon the world. On the other we see massive
inequities, shortfalls in education/health/infrastructure, delivery of justice and various other
ills moving at a similar pace. In such a scenario, the need for a stronger, more robust and
ethically driven legal profession in India cannot be overemphasised.

The Indian legal profession today consists of approximately 11 lakh (1.1 million) registered
advocates, around 1,000 law schools and approximately 5 lakh (0.5 million) law students
across the country.31 Every year, approximately 60,000 law graduates join the legal profession
in India.32 These broad estimates also contain within them a rapidly growing (and
international quality) corporate legal sector and a nascent outsourced legal process services
sector. One need only understand the size of the Indian legal profession to appreciate the
important and immense nature of the task at hand.

In order for us to strengthen every single member and area of the profession, it is necessary
for us to realistically introspect to identify the various challenges that we collectively face
today. The issues that plague the profession today are not unique or specific to only one part
but are systemic issues that need to be dealt with keeping in mind the connect between the
different parts of the profession.
These issues broadly are:
Inadequate quality of legal education and infrastructure
Lack of relevant skills training to meet with the ever-changing demands of the
modern world
Lack of clear data on the profession for assessment and efficient distribution of
resources

31
Reports: Law Commision of India
32
Reports: Bar Councils of India.
 Low absorption of technology and lack of connect with different parts of a
modern economy
Lack of entry point and continuous assessment mechanisms to ensure the
continuous growth and improvement of the legal profession
Lack of awareness and ideation about the heritage, tradition, and culture of the
legal profession, and levels of excellence within the legal profession, and a
consequent lack of motivation to fulfil the highest aspirations within the
profession
Lack of the ability to ensure access to basic human rights to the poor and
marginalised sections of society, and the realisation of the vision of the Indian
lawyer as an effective social engineer. While each of the above problems can be
seen in isolation, it is their cumulative effect that has a negative bearing on the
identity of the entire Indian legal profession. Irrespective of the success any part
of the profession may achieve, it will always carry along with it the positives and
negatives of our collective identity and hence every part of the profession is a
stakeholder in this identity. It is in this light that the Bar Council of India is
seeking to connect, create and implement large-scale solutions to strengthen the
Indian lawyer and the Indian legal profession by March 31, 2012. These solutions
will be aimed at all aspects of the profession, but the highest priority would be on
the following areas:
Raising the quality of the bar through entry-level assessment and continuous
education and training
Providing access to knowledge and information resources (embracing a multi-
disciplinary approach) to all parts of the legal profession
Creating a database of lawyers, law schools, academia and law students across the
country so that resources can be efficiently deployed and common platforms can
be created
Creating clear quality standards for legal education and a common entry level
standard for entering law schools across the country
Creating a system of access to hardware and software resources, as well as
training on the use of technology across the profession
Establishing a strong system of connect between the legal profession and the
weakest sections of society, so as to provide effective legal aid, and the fulfilment
of the professions role as an agent of social justice and equity
 Improving interaction between the bar and the judiciary so as to establish a
common platform to collectively address problems facing justice delivery in India
Identifying clear values and standards so that the legal profession is fearlessly
independent and of robust character
Through a combination of the above, raising the confidence and skills of the
constituents of the legal profession, thereby improving the identity of the
profession as a whole
As a statutory body having access to the entire legal profession (including the
senior leadership of law officers in India) the Bar Council of India should reach
out to all parts of the legal profession and create long-term solutions in each of
these areas. The Bar Council of India also should undertake to conduct itself in a
transparent and approachable manner so as to reflect the thoughts and aspirations
of the Indian legal profession.

BIBLIOGRAPHY

BOOKS
Gary Bellow & Bea Moultan, The Lawyering Process: Ethics and Professional
Responsibility, The Foundation Press, Inc.
V. R. Krishna Iyer, Law, Lawyers and Justice, B. R. Publishing Corpn, Delhi.
K.L. Sharma, Sociology of Law and Legal Profession- A Study of Relation Between
Layers and Their Clients, Rawat Publications, Jaipur.
K.V. Krishnaswami Aiyer, Professional Conduct and Advocacy, Oxford University.
WEBSITES:
www.allindiabar.org
www.barcouncilofindia.org
www.indiaedunews.net
www.studentsguide.in