Professional Conduct and Etiquettes: National and

International Perspective

Submitted by

Mithelesh DK

B.A.L.L.B (Hons) Batch 2013-18 (Reg no: BA0130038)

Under the supervision and guidance of

Mrs Deepa Manickam and Miss. Preetham Balakrishnan

Associate Professor of law

THE TAMILNADU NATIONAL LAW SCHOOL

Navalurkuttapattu, Trichy.

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Contents
Chapter 1 ................................................................................................................................................. 3
Introduction ......................................................................................................................................... 3
HISTORICAL PRESPECTIVE .......................................................................................................... 4
MODREN PERSPECTIVE ................................................................................................................ 6
Chapter 2 ................................................................................................................................................. 7
Professional Etiquettes for Advocates: National perspective ............................................................. 7
The duties towards the court ........................................................................................................... 7
The duties of an advocate towards his client .................................................................................. 7
The duties of an advocate to opponent............................................................................................ 8
The duties of an advocate to the colleagues.................................................................................... 8
Chapter 3 ................................................................................................................................................. 9
International Perspective : Turin Principles ........................................................................................ 9
Summary of the Turins principle ....................................................................................................... 9
Seven Lamps of Advocacy ............................................................................................................... 11
Chapter 4 ............................................................................................................................................... 13
Conclusion: ....................................................................................................................................... 13
Bibilography ..................................................................................................................................... 14

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 Chapter 1
Introduction
The administration of justice is the process and structure which allows conflicts between
parties to be settled by a body dedicated to that purpose. According to Learned C.L. Anand 1 a
sound system of the administration of justice should possess three ingredients, namely a well
planned body of laws based on wise concepts of social justice, a judicial hierarchy comprised
of the Bench and the Bar, learned in the law and inspired by high principles of professional
conduct and existence of suitable generation to ensure fair trial. Thus, the legal profession is
one of the three ingredients that play an important role in the administration of justice. The
Lawyers assist the court in arriving at a correct judgment. Without the assistance of the
lawyers it would be a super human task for the judge to arrive at a satisfactory judgment.
Thus, an advocate renders assistance to the courts in the administration of justice and also
gives professional advice to members of the public who require their services. .

Legal profession has been created by the state for the public good and not for private gain. An
advocate is an officer of the court. The court acts on his statements. Consequently, the
essence of the profession lies in the three things:-

1. Organization of its members for the performance of their function;

2. Maintenance of certain standards, intellectual and ethical, for the dignity of the
profession;

3. Subordination of pecuniary gains to efficient service2.

An Advocate practicing law is under a triple obligation. An obligation to his clients to be

faithful to them till the last, an obligation to the profession not to besmirch its name by
anything done by him, and an obligation to the court to be and to remain a dependable part of
the machinery through which justice is administered. For fulfillment of these obligations
legal ethics have been enacted.

Legal ethics may be taken to mean the body of rules and practice which determine the
professional conduct of the members of bar. The main object of legal ethics has well been
explained by the Chief Justice Marshall:- The fundamental aim of Legal Ethics is to
maintain the honor and dignity of the Law Profession, to secure a spirit of friendly co-
operation between the Bench and the Bar in the promotion of highest standards of justice, to

1
C.L. Anand, General Principles of Legal Ethics, 39 (Law Book Co., Allahabad, 1965).
2
C.L. Anand, General Principles of Legal Ethics, 30 (Law Book Co., Allahabad, 1965).

3
establish honorable and fair dealings of the counsel with his client, opponent and witnesses,
to establish a spirit of brotherhood in the Bar itself and to secure that lawyers discharge their
responsibilities to the community generally.3

HISTORICAL PRESPECTIVE
During Hindu Period, the legal profession as it exists today was not in existence. During this
period, the courts derived their authority from the King who was considered the fountain
head of justice. The Kings Court was superior to all other courts. The King was advised by
his Councillor in hearing and deciding the case but he was not bound by their advice. The
plaintiff was required to present plaint before the Court and thereafter the Court could direct
the defendant to submit his reply. Thereafter the Court was required to investigate the matter
and deliver its judgment. The Courts delivered judgment on the basis of evidence gathered
from various sources, e.g., witnesses, documents, etc. Ordeal was also recognized as means
of proof.4

During the Muslim Period, the litigants were represented by a body of persons known as
vakils.5 The vakil was paid a percentage of the amount in the suit.6 The Court of the native
administrations concerned determined who should be allowed to appear as Vakil in a Zilla
Court.7 Even during this period, the legal profession was not organized. The Vakils acted
more as agents for principals than as lawyer.8

The legal profession as it exists in India today had its beginnings in the first year of British
rule. The Hindu pundits, Muslim Muftis and Portuguese lawyers who served under earlier
regimes had little effect upon the system of law and legal practice that developed under
British administration. The Charter Act, 1726 contained no provision whatsoever regarding
the qualification for the persons desirous of practicing law. The courts were the sole judges in
this regard. This position continued up to 1774. The first real step in the direction of
organizing a legal profession was taken in 1774 when the Supreme Court was established in
Calcutta pursuant to the Regulating Act of 1773. Clause 11 of the Supreme Court Charter
empowered the court to approve, admit and enroll such and so many advocates and

3
C.L.Anand, General Principles of Legal Ethics, 63 (Law Book Co., Allahabad, 1965).
4
Dr Kailash Rai, Legal Ethics- Accountability for Lawyers & Bench-Bar Relations 15 (Central Law
Publications, Allahabad, 9th edn., 2010).
5
Namberumal Chetty v. M.P. Narasimhachari, (1916) 37 IC 699.
6
ibid
7
ibid
8
Dr Kailash Rai, Legal Ethics- Accountability for Lawyers & Bench-Bar Relations 15 (Central Law
Publications, Allahabad, 9th edn., 2010).

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attorneys at law as the court shall seem fit. They were to be attorneys of record and were
authorized to appear and plead and act for the suitors of the court. The court could remove
the said advocates and attorneys on reasonable cause. No other person whatsoever, but
such advocates and attorneys so admitted and enrolled were to be allowed to appear and
plead or act in the court, for or on behalf of such suitors. The advocates entitled, thus, to
appear were only the English and Irish barristers and members of the Faculty of advocates of
Scotland; the attorneys referred to were the British attorneys and solicitors. The same powers
of enrolment were later conferred on the Supreme Court established at Bombay and Madras.
An Indian lawyer had no right to appear before the courts.9

The Bengal Regulation VII of 1793 created, for the first time a regular legal profession for
the Companys Courts. Thereafter, The Legal Practitioners Acts of the years 1846, 1863 and
1879 made important innovations. Such as- (1) the office of pleaders was thrown open to all
persons of whatever nationality or religion duly certified by the Sadar Courts; (2) attorneys
and barristers of any of Her Majestys courts in India were made eligible to plead in any of
the Sadar courts; (3) the pleaders were permitted to enter into agreements with their clients
for their fees for professional services. Later on, the Indian Bar Councils Act, 1926, was
enacted that provided for constitution and incorporation of Bar Councils for certain courts for
the purpose of consolidating and amending the law relating to legal practitioners entitled to
practice in such courts. But this act did not satisfy the bar. As Bar Council was only an
advisory body in matter of the disciplinary action against the erring advocate. High courts
retained the controlling power both in matters of framing rules and punishing the advocates
for profession or the misconduct. With independence a new stimulus to the demand of legal
profession led to the appointment of all India Bar Committee in 1951.

The report of the All India Bar Committee marked a landmark march towards unification and
autonomy of Bar. The chief recommendations of the committee consisted of- i) there should
be a unified Bar consisting of a single type of practitioners to be called advocates, with
prescribed minimum qualifications, and equal rights and privileges. ii) to constitute an All
India Bar Council in addition to the State Bar Councils. iii) that the Bar should be given an all
India recognition for the purposes of legal practice. The Committee recommended that there
should be common register of advocates for the whole of India to be maintained by the All
India Bar Council and every advocate on the common roll should have right to practice in all

9
B.M. Gandhi, V.D. Kulshresthas Landmarks in Indian Legal and Constitutional History(Eastern Book
Company, Lucknow, 9th edn., 2009).

5
courts of the Indian union from top to the bottom i.e. from Supreme Court to the District
Courts. iv) that the Bar should be made autonomous and independent. v) that the lawyers
should have a common code of professional ethics to be determined and prescribed by a
single authority, the All India Bar Council.10

MODREN PERSPECTIVE
In 1961, the Advocates Act was passed. This act marked the beginning of a new era in the
history of the legal profession by vesting largely in the Bar Councils the power and the
jurisdiction which the courts till then exercised, by fulfilling the aspirations of those who had
been demanding an All India Bar and effecting a unification of the Bar in India, by the
creation of a single class of practioners with power to practice in all the courts and bound by
rules made and a code of conduct laid down by their own bodies to which the member could
resort to for the protection of their rights, interests and privileges.11

The Advocates Act makes provision for the establishment of the State Bar Council and Bar
Council of India. The main functions of the Bar Council of India are to lay down the
standards of professional conduct and etiquette for advocates, to lay down the procedure to be
followed by its disciplinary committee, to safeguard the rights, privileges and interest of
advocates, to promote and support law reform, to promote legal education, to recognize
universities from which degree in law shall be a qualification for enrolment as an advocate, to
conduct seminars, etc. It provides for two classes of advocates, senior advocates and other
advocates. The State Bar Councils are required to maintain role of advocates and to send
copies of rolls of advocates to the Bar Council of India. The Act contains exhaustive
provisions relating to enrolment and admission of advocates, rights of advocates, punishment
for professional and other misconduct, etc. Section 49(1)(c) of the act empowers the Bar
Council of India to make rules so as to prescribe the standards of professional conduct and
etiquette to be observed by the advocates. In the exercise of this rule making power the Bar
Council of India has made several rules so as to specify the duties of an advocate towards the
court, client, opponent and colleagues, etc.12

10
Prof. Anirudh Prasad, Principles of The Ethics of Legal Profession in India, (University Book House Pvt Ltd.,
Nagpur, 3rd edn., 2010).
11
ibid
12
Dr Kailash Rai, Legal Ethics- Accountability for Lawyers & Bench-Bar Relations(Central Law Publications,
Allahabad, 9th edn., 2010).

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 Chapter 2

Professional Etiquettes for Advocates: National perspective

Bar council of India gives the rules which are to be adhered by advocates. These rules are
given Chapter II part VI of the BCI rules. In this there are duties which a advocate should
owe towards courts, opponents, clients and fellow advocates. These rules are to be
compulsorily abided by the advocates inoder to maintain the proper functioning of the
administration of justice. BCI rules are to be followed by advocates in the whole of India
irrespective of the state rules.

The duties towards the court

An advocate is required to maintain towards the court a respectful attitude, however an
advocate is not servile and in case of proper ground for serious complaint against a judicial
officer, it is his right and duty to submit his grievance to the proper authorities. It is the duty
of an advocate not to influence the decision of the court by any illegal or improper means.
The rule requires an advocate to use his best efforts to restrain and prevent his client from
resorting to sharp or unfair practice or from doing anything in relation to the court, opposing
counsel or parties which the advocate himself ought not to do. An advocate has been
prevented from acting or pleading in any matter in which he is himself pecuniarily interested.
The rule requires an advocate to appear in court in the prescribed dress. It also requires an
advocate not to wear bands or gowns in public places other than in court except on such
ceremonial occasions and at such places as the Bar Council of India or Court may prescribe.13

Council of India or Court may prescribe.14

The duties of an advocate towards his client

An advocate is bound to accept any brief in the Court or Tribunal or before any other
authority in or before which he proposes to practice. However, in exceptional circumstances
he may refuse to accept a particular brief. The rule also provides hat an advocate shall not
ordinarily withdraw from engagements once accepted without sufficient cause and unless
reasonable and sufficient notice is given to the client. It has also been provided that an
advocate should not accept a brief or appear in a case in which he has reason to believe that

13
ibid
14
ibid

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he will be a witness. An advocate shall, at the commencement of his engagement and during
the continuance thereof, make all such full and frank disclouser 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 judgments in either engaging him or continuing the engagement. The advocate
shall not do anything whereby he abuses or takes advantage of the confidence reposed in him
by his client. Several rules have been made so as to provide duties with respect to the money
of the client in possession of the advocate.15

The duties of an advocate to opponent

The rule makes it clear that 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.16

The duties of an advocate to the colleagues

An advocate shall not solicit work or advertise whether by circulars, advertisements, touts,
personal communications etc. However, this rule will not stand in the way of the advocates
furnishing website information as approved by the Bar Council of India. An advocate shall
not entre appearance in any case in which there is already a vakalatnama 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
should not be produced and he shall appear only after obtaining the permission of the court.17

In addition to above, the following duties are also notable:-

Every advocate on the rolls of the State Bar Council is required to pay a certain sum to the
State Bar Council. Every advocate shall, in the practice of the profession of law, shall 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 advocates economic
condition, free legal assistance to the indigent and oppressed is one of the highest obligations,
as an advocate owes to the society.18

The lawyers are supposed to follow ethics of legal profession to maintain the dignity of the
profession and any deviation from these elementary principles amounts to professional or

15
Dr Kailash Rai, Legal Ethics- Accountability for Lawyers & Bench-Bar Relations (Central Law Publications,
Allahabad, 9th edn., 2010).
16
ibid
17
ibid
18
ibid

8
other misconduct as per section 35 of The Advocates Act, 1961. The breach of these duties
has been made punishable. The order of the disciplinary committee of the State Bar Council
may be challenged in appeal before the Bar Council of India and the order of the disciplinary
committee of the Bar council of India may be challenged in appeal before the Supreme Court.

Chapter 3

International Perspective : Turin Principles

The Turin principles for Advocates is kind of ethical nature for the proffesional involving
advocacy. These principles are widely accepted all over the universe with less cristicims and
been followed as a model by the Bar councils in majority of the countries. It is more or less
similar to the rules and duties that are given by the Bar Council of India with slight
differences.

The Turin Principles are widely accepeted because these rules adopted by the General
assembly of the UIA(Union Internationale des Avocats) held in Sydney on October 27th
2002.

Summary of the Turins principle:19

1. The Lawyers role:

All the lawyers have the right to practice their profession by understanding the
application of law , by furthering knowledge and also by adhereing the pricinples of
moral conscience. While practcing the same the lawyers should protect the intersts
with entrusted care. The interests include the intersts of himself, client and justice
itself.
2. Recognition of Lawyers Role:
Lawyers role is to recognised by the society and by any authority since they are the
essential instrument in the administartion of justice and in the organsisation of the
society.

19
Turin principles for professional conduct,
file:///C:/Users/admin/Downloads/TURIN%20PPLES%20OF%20PROF.%20CONDUCT.pdf accessed on 16th
sept 2017 at 1100 hrs.

9
 Lawyers have to ensure that the recognition is maintained by maintaining quality and
faiurness in rendering services to the society. Therefore lawyers must be given access
with all the authorities and governmental agencies.
3. Independence:
Lawyers have the right to practise their profession freely and independently, without
being subjected to pressure or discrimination of any kind whatsoever. Lawyers have
the duty to preserve their independence by avoiding any situation in which their
actions could be compromised by interests inconsistent with those of their client.
4. Immunity and right to fair trail:
Lawyers have the right to practice their profession without prejudice or restraint,
shielded by total professional immunity, which precludes any unlawful search of the
Lawyer's office. Lawyers have the duty to do everything in their power to ensure that
their clients' rights are protected and that their clients receive a fair trial in any court
or before any other authority.
5. Relations with Judges:
Lawyers are entitled to recognition by Judges of the importance of their role in
judicial proceedings, for they are actors in those proceedings whose presence ensures
a fair trial. Lawyers have the duty to act in an honourable and dignified manner
towards Judges and to fight to ensure the independence of the judiciary.
6. Freedom to choose clients:
Lawyers have the right to choose the client based on his dicretion and according to
his own moral conscience. But this is one major point where it id different from the
BCI rules of India. In our country its mandatory and a lawyer should not reject any
client.
7. No duty to report:
Lawyers should not be compelled to report facts which they discover in practising
their profession. Where a Lawyer learns of an activity that could endanger human life,
he or she must take all precautions to protect that life, as permitted by the attorney-
client privilege. Whenever a Lawyer discovers a criminal or unlawful activity, he or
she must of course refuse to take part in it. Even then, the Lawyer should be under no
obligation to report it to the authorities, but rather has the duty to withdraw from the
matter as soon as the Lawyer has grave suspicions that the activity described may
conceal unlawful acts, and that the client does not intend to refrain from that activity
8. Regulation of the Practice of Law :

10
 Lawyers have the right to practise their profession in the form they deem most appropriate,
either individually or in partnership, in accordance with the laws of their own country and
those of the country in which they provide their services. Lawyers have the duty to preserve
the personal and exclusive nature of their representation of their client, even when they
practice in a larger entity.
9. Fees:
A Lawyer has the right to a fair fee for services rendered. The Lawyer's fee may
either be fixed or based on the services provided. The fee may take into account the
result obtained, provided that the client consents. The Lawyer has the duty to practice
in a spirit of service, in accordance with the rules of the profession, without allowing
economic or financial considerations to take precedence.
10. Cooperation:
A Lawyer has the right to work with and the duty to maintain solidarity with his or
her Colleagues, regardless of national boundaries, in obtaining recognition of the
Lawyer's role and in affirming the principles of the profession and observance of its
ethical rules. Lawyers may defend clients outside of their own country in accordance
with the principles of the International Convention on Safeguarding the Right of
Defence and the Code of Defence adopted by the UIA20.
11. Pro bono representation:
A Lawyer has the duty to work to provide the indigent with the best possible defence.
The Lawyer has the duty to request that the authorities make available the necessary
physical and financial resources, it being understood that any failure to provide a
quality defence is a violation of the individual's fundamental rights.

Seven Lamps of Advocacy

Advocacy is an honourable profession. Advocates are part and parcel of Court. Their efforts
solve the conflicts in the society. Advocates defend the rights and liabilities. They hold
unique place in the society. Advocacy is not a craft but a calling; a profession wherein
devotion to duty constitutes the hallmark.21

1) Honesty:

20
Abbrevation - Union Internationale des Avocats
21
Seven lamps of advocay, https://www.sites.google.com/site/tobelawyers/advocate-s-duty/sloa accessed on
16th september at 1120 hrs

11
Honesty means the quality of straightforwardness; freedom from deceit, cheating or stealing
and not telling lies. The best advocates of all generations have been devotees of honesty.
Example for honest character is Abraham Lincoln, who founded his fame and success on
what some called preserve honesty. 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.

2) Courage:

Courage is the quality that enables a person to control fear in the face of danger, pain,
misfortune, etc.; an advocate must possess courage. He should face the pressures from
outside with courage. Sometimes he has to fight against State. He should not fear about the
executive and politicians. He must perform his duty to safeguard the interests of his client.
Advocacy is a form of combat, where courage in times of danger is half won battle.

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. Success in advocacy is not arrived at by intuition but through
industry. Industry is the quality of being hard-working; being always employed usefully.
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. Advocacy is the profession which requires Study and Study throughout
the career. An advocate must know about every trade. He must acquire the knowledge of
every field. He must learn about all professions. Industry brings a good fame and name to an
advocate. Law changes day-to-day.

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.
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

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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. As 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.

6) Judgment

Judgment is an intellectual capacity, the inspiration which enables a man to translate good
sense into right action. In judgment one has to estimate, consider and form an opinion about
the issues with good sense and ability. An advocate could be in a position to judge the merits
and demerits of the case on hearing the brief and seeing the document. He should inform his
client the legal position openly after judging the issues. Here judgment is not giving the
decision of the case by the Judge in the Court. Judgment means the study of the case in deep
by considering all shades of the consequences.

7) Fellowship

Fellowship means the membership in friendly association or companionship. Fellowship

isexactly like great public schools, the boys of which have grown older, and have exchanged
boyish for manly objects. Though the advocates are opponent parties before the bench but not
enemies with each other. Their conflict ends as they come out of the door steps of the Court.
Daniel Webster says, Lawyers on opposite sides of a case are like the two parts of shears,
they cut what comes between them, but not each other

Chapter 4
Conclusion:
All in all, an advocate performs multiple functions such as an agent of his client, trustee of
his client, officer of the court, etc. If his conduct is such as to make him unworthy to remain a
member of the honourable legal profession and unfit to be entrusted with the responsible
duties that an advocate is called upon to perform, he will be held guilty of misconduct and

13
may be punished therefor.22 Although professional or other misconduct is punishable yet such
misconduct is as frequent as is evident from the cases discussed above.

Therefore, there is a need to bridge the gap between actual professional performance and the
expected professional performance, in order to achieve one of the main objectives of the
Constitution i.e. to secure all its citizens-Justice- Social, Economic and Political, by balancing
the interests of members of the profession on one side and the interests of the society on the
other.

Bibilography
Text Books
B.M.Gandhi; V.D. Kulshresthas Landmarks in Indian Legal and Constitutional History, 9th
Edition, Eastern Book Company, Lucknow, 2009.

C.L.Anand; General Principles of Legal Ethics, Law Book Company, Allahabad, 1965.

C.Rama Rao, Y.VijayalakshmiTayaru, Y.NageswaraRao; Professional Ethics and Advocacy,

Visakhapatnam, Gayatri Book, 1987.

Dr.S.R.Myneni; Professional Ethics, Accountancy for Lawyers and Bench-Bar Relations,

Asia Law House, Hydrabad, 2007.

G.H.Farrar and A.M.Dugdale; Introduction to Legal Method, 3rd Edition, Sweet & Maxwell,
London, 1990.

J.C.Callahan; Ethical Issues in a Professional Life, New York, OxfordUniversity

Press,Oxford, 1988.

J.P.S.Sirohi; Professional Ethics, Accountability for Lawyers and Bench Bar Relations,
Allahabad Law Agency, 5th Edition, 2010.

NirmalenduDuttMajumdar; Advocates Act and Professional Ethics, 2nd Edition, Eastern Law
House, 1975.

P.RamanathaAiyer; Legal and Professional Ethics- Legal Ethics, Duties and Privileges of a
Lawyer, 3rd Edition, Wadhwa and Company, Nagpur, 2003.

Prof.Anirudh Prasad; Principles of The Ethics of Legal Profession in India, 3rd Edition,
University Book House(p)Ltd., Jaipur, 2010.

22
In the matter of an advocate, AIR 1934 Rang 33.

14
Bare Acts

The Advocates Act, 1961

The Contempt of Courts act,1971

The Consumer Protection Act,1981

The Constitution of India

Internet Resource or Website

www.barcouncilofindia.org

www.abajournal.com

www.law.cornell.edu/wex/ethics

www.allindiareporter.in

www.google.com

www.legalindia.in

www.ratedesi.com

www.legalserviceindia.com/articles

www.lawyersclubindia.com

www.ssrn.com

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