Introduction:
Earlier, there are no prescribed qualifications for legal professionals. These unqualified professionals are bungling and also those who are considered to be professional miscarries to keep up their promises. These incompetent professionals may also act unfairly for the fees he got for the particular case and he may also delay the court proceedings. To regularize the work of such professionals, certain legal ethics are prescribed. Legal ethics is a set of principles of conduct that should be followed by legal professionals[1].
Every law graduates should have this ethical knowledge about their profession. This legal ethics provides certain duties owed to individuals and to society. All bar associations adopted the rules from the American Bar Association (ABA). Bar Council of India affords certain rules and regulations for the advocates. These rules are considered to be the legal ethics for the advocates. In this article, the author deals with the importance of legal ethics which should be followed by the professionals and about the ethics which are violated by them.
Contrast Between Legal and Ethics
Mostly these two words are used in the same perspective. Selected laws are formulated based on ethics. Some legal activities are considered unethical and some ethics are illegal. Sometimes, both legal and ethical acts contrary. The major difference between them is the ethics are based on human rights and wrongs but legal is strictly only to what is written in law.
Legal ethics is something that is followed by the advocates, Judges, etc. It is considered to be a prominent one in the field of law. This legal ethics is a subdivision of applied ethics where one should know the good and bad in the practice of law.
Significance of Legal Ethics
The professionals should have ethical knowledge to do their activity effectively. Legal ethics is essential to maintain the standard of conduct. These ethics have some obligatory principles to the professionals. It is important to control the conflicts of interests, coercion, suborning, ineptitude, etc.
Ethics safeguard the interests of the clients and the advocates should render service without any discrimination among their clients. Both Judges and advocates had the same code of conduct. In addition to it, the judges have special rules which should be followed. If these advocates fail to follow legal ethics, the law faces disrepute and the public goes in search of alternative means to resolve their conflict. Every profession should have a collective reputation. To maintain these standards, legal ethics should be followed. These lawyers had the duty to serve the court and they should administer the justice effectively.
Every advocate should owe confidence to their clients. This could be done only if those advocates follow ethical principles. Legal ethics is essential so that the advocate will not mislead the court. In the case of The Secretary, Hailakandi Bar v. the state of Assam[2], the false evidence was produced before the court to mislead the court. This type of misleading the court should be avoided by the professionals
Violation of Legal Ethics
If the rules were violated by any of the attorneys or lawyers, the complaint should be filed to the respective state bar association in which the lawyer was enrolled. An advocate should not do any illegal practices or any activity which leads to professional misconduct. By this misconduct, the professionals can get unlawful advances.
Under Rule 47 of the Bar Council of India, An advocate should not actively engage in other businesses. In Babu Lal Jain v. Subhash Jain’s case[3], the advocate also worked as an editor in the publication. So he was produced before the Disciplinary Committee for professional misconduct. Under Section 35 of the Advocates Act, if the bar council believed the guilty of an advocate, the Bar Council refer such a case for disposal before the Disciplinary Committee. The persons who are involved in professional misconduct are punished with the suspension where they cannot practice further and their names were removed from the state roll (Section 37 of Advocates Act).
In the case of Indure Ltd. V. Deo Raj Gupta[4], the advocate is guilty of misconduct as he fails to serve a legal notice to the particular company. The appellant filed a case against his advocate in the Bar Council of India. The Bar Council of India came to the conclusion that the advocate is guilty of misconduct and his name should be removed from the state roll and he was restricted to practice as an advocate. An advocate should not neglect to communicate with their clients regarding the seriousness of their case. A lawyer should be cautious in their client’s money to avoid any mismanagement. Any advocates who made false evidence for the case is an illegal activity and this is against their professional ethics.
Conclusion
As advocacy is regarded as an honourable profession, these legal ethics should be followed by them. Bar Council of India implements rules and restricts the professional from acting unlawfully. By following these rules and regulations, one avoids professional misconduct and hold the reputation of the profession effectively.
References:
[1] https://www.britannica.com/topic/legal-ethics
[2] The secretary, Hailakandi Bar v. State of Assam, 1996 AIR 1925
[3] Babu Lal Jain v. Subhash Jain, BCI Tr. Case No.115/1996
[4] Indure Ltd v. Deo Raj Gupta, BCI Tr. Case No.58/1993
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