SVKMs Narsee Monjee Institute of Management Studies

Name of School -______________

00Program:BA LLB Trimester /Semester :

Course : Professional Ethics & Code:

Professional Accounting
system

Teaching Scheme Evaluation Scheme

Internal Continuous Term End
Lecture Practical Tutorial Credit Assessment (ICA) Examinations (TEE)
(weightage) (weightage)
50 - - 5 100 0
Pre-requisite:
None
Objectives:
Ethics is an essential part in all walks of life. This course focuses on aspects to explore & boost different
approaches to ethical problems in professionalism. Ethical principles provide the frame of reference for
ethical behavior for all legal professionals, enhance the perception of harmonization and create a gauge to
balance and counter ethical dilemmas in day-to-day life.

Outcomes:
After completion of the course, students would be able to:

1. Acquaint with the conceptual and operational parameters of various ethical principles relating to
professional ethical dilemmas.
2. Equip with the concepts of Advocate Act, so as to enable the advocates enrolled in the Bar to
understand what they should and should not do.
3. Identify and illustrate relevant theoretical & practical approaches analogous to professional ethics
in legal field.

Detailed Syllabus: ( per session plan )

Unit Description Duration

1 Professional Ethics Introduction to Ethics & Legal profession 8

Development of legal profession in India

1. Importance of legal profession

2. Professional ethics and responsibility
3. Legal ethics
4. Rule of confidentiality and conflict of interest

2 Development of legal profession and its regulation in India 6

1. Development of law relating to legal profession
2. History of the constitution of the Bar Council of India
 SVKMs Narsee Monjee Institute of Management Studies

Name of School -______________

3. Advocates Act-an overview

Case
1. Aswani Kumar Ghosh v. Arbind Bose, (AIR 1952 SC 369)

3 Regulations governing the practice and enrollment in India 10

Bar Council of India and its constitution and powers and duties
State Bar Councils and its constitution and power and duties
Different committees under Bar Council of India and State Bar Councils
Admission and enrollment of advocates
Disqualification for enrollment
Rights to practice
4 Professional responsibilities 8
Duty to the court, client, opponent and colleague
Duty towards society and obligation to render legal aid
5 Professional misconduct of an advocate 6
1. Professional and other misconduct- Meaning
2. How to make a complaint against an advocate
3. Procedure after a complaint has been referred to a Disciplinary Committee
4. Punishments
5. Review and Appeal against the order of the disciplinary committees
6. Consumer Protection Act- Advocates Deficiency of Service

6 Bench-Bar relation and contempt of court 6

1. Bench-bar relation
2. Contempt of court:
3. its meaning and nature
4. Categories of contempt of court
5. Basis and extent of contempt jurisdiction
6. Procedure in case of contempt
7. Punishment for contempt of court
8. Defenses
9. Remedies against punishment

7 Some emerging issues in professional ethics 6

1. Negligence by Lawyers and the Consumer Protection Act Advertising in

legal profession
2. Lawyers strike
3. Latest case laws on legal ethics
a)
Total 50
 SVKMs Narsee Monjee Institute of Management Studies

Name of School -______________

Text Books:
1. Kailash Rais Legal Ethics, Accountability for Lawyers & Bench-Bar Relations

Reference Books:
1. P. Ramanatha Aiyer, Legal & Professional Ethics- Legal Ethics, Duties & Privileges ofa Lawye r,
W adhwa Publications, Nagpur
2. Justice V.R. Krishna lyer, Law, Lawyers and Jusrice, B.R. Publishing Corp. Delhi
3. Stephen Gillers, Regulation of Lowyers: Problems of Law & Ethics, Little, Brown & Com Boston
Toronto, London
4. D.V. SubbaRao, Sarjiva Row 's The Advocates Act, 1961 , LexisNexis, Butterworths
5. Nicolson and Webb, Professional Legal Ethics, Oxford University Press

Unit Description Course Outcome

1 Professional Ethics Introduction to Ethics 1. Acquaint with the conceptual and

operational parameters of various ethical
& Legal profession
principles relating to professional ethical
Development of legal profession in India dilemmas.

5. Importance of legal profession

6. Professional ethics and
responsibility
7. Legal ethics
8. Rule of confidentiality and conflict
of interest

2 Development of legal profession and its 1. Acquaint with the conceptual and
operational parameters of various ethical
regulation in India
principles relating to professional ethical
4. Development of law relating to dilemmas.
legal profession
5. History of the constitution of the
Bar Council of India
6. Advocates Act-an overview
Case
1. Aswani Kumar Ghosh v. Arbind Bose,
 SVKMs Narsee Monjee Institute of Management Studies

Name of School -______________

(AIR 1952 SC 369)

3 Regulations governing the practice and 3. Identify and illustrate relevant theoretical &
enrollment in India practical approaches analogous to professional
Bar Council of India and its ethics in legal field
constitution and powers and duties
State Bar Councils and its
constitution and power and duties
Different committees under Bar
Council of India and State Bar
Councils
Admission and enrollment of
advocates
Disqualification for enrollment
Rights to practice
4 Professional responsibilities 3. Identify and illustrate relevant theoretical &
Duty to the court, client, opponent practical approaches analogous to professional
and colleague ethics in legal field
Duty towards society and
obligation to render legal aid
5 Professional misconduct of an advocate 2.Equip with the concepts of Advocate Act, so as to
enable the advocates enrolled in the Bar to
7. Professional and other misconduct-
understand what they should and should not do.
Meaning
8. How to make a complaint against
an advocate
9. Procedure after a complaint has
been referred to a Disciplinary
Committee
10. Punishments
11. Review and Appeal against the
order of the disciplinary
committees
12. Consumer Protection Act-
Advocates Deficiency of Service

6 Bench-Bar relation and contempt of 1. Acquaint with the conceptual and operational
court parameters of various ethical principles relating to
10. Bench-bar relation professional ethical dilemmas
11. Contempt of court:
 SVKMs Narsee Monjee Institute of Management Studies

Name of School -______________

12. its meaning and nature

13. Categories of contempt of court
14. Basis and extent of contempt
jurisdiction
15. Procedure in case of contempt
16. Punishment for contempt of court
17. Defenses
18. Remedies against punishment
Cases
a) Delhi Judicial Service Association
v. State of Gujrat, (AIR 1991
SC2176)
b) In re Dr. D.C. Sexena v. Honble
Chief Justice of India, (AIR 1996
SC 2481)
c) Supreme Court Bar association v.
Union of India, (AIR 1998 SC
1895)
d) Mrityunjoy Das v. Sayed Hasibur
Rahman,( AIR 2001 SC 2763

7 Some emerging issues in professional 2.Equip with the concepts of Advocate Act, so as to
ethics enable the advocates enrolled in the Bar to
understand what they should and should not do.
4. Negligence by Lawyers and the
Consumer Protection Act
Advertising in legal profession
5. Lawyers strike
6. Latest case laws on legal ethics
Cases
b) D.K. Gandhi V. M. Mathias,
(National Consumer Disputes
Redressal Commission, New
Delhi, Decided by a order dated
6th August, 2007

Signature Signature
(Concerned Faculty/HOD) (Dean)