It is not a professional etiquette for a lawyer, when hired by one party, to accept the assignment of the other party. It is not professional to represent conflicting interests unless all parties have expressly consented to it after full disclosure of the facts. The acceptance of a pleading for the accused after appearing for the complainant constitutes professional misconduct. Inappropriate legal advice may constitute professional misconduct, but not incorrect legal advice. Mere negligence that is not accompanied by moral negligence committed by a lawyer in the practice of his profession does not constitute professional misconduct. However, caution should be exercised when issuing a notice. The pros and cons should be reviewed and indicated. It`s a sacred act – can do or affect your customer – and put the utmost confidence in you. The legal profession is service-oriented, not trade or industry and is noble. The preservation of dignity and decency is essentially based on mutual respect between the members of the Bar Association and the Bank.
The dignity, decency and self-respect of the Bar Association must be preserved, as they are counterparties to the administration of justice, a divine act. The judiciary is not an act of individual justice, but a joint act of the Bar Association. The central function of the legal profession is to contribute to the promotion of the administration of justice. Any offence or misconduct can become a criminal act. It is desirable to respect the written and oral conventions that have been built up over the years and followed since time immemorial. A lawyer is in a loco parentis vis-à-vis litigants. Therefore, he is expected to follow the standards of professional ethics and try to protect the interests of his client, with whom he occupies a position of trust. The lawyer`s first duty is to the client.
The client is entitled to altruistic, sincere and honest treatment. It was also stated that no lawyer can expect to appear in court on a whim or at convenience. It would be unethical for a lawyer to refrain from appearing in court if his client`s case was called upon to appear before a trial or other proceedings. A lawyer should not hesitate to condemn tyranny or injustice. A lawyer defends justice more than a judge and he argues for that. A lawyer should continue to enjoy the confidence not only of his client, but also of the court and the Bar Association thanks to his moral excellence. It is not the duty to follow all the customer`s instructions in a friendly/mechanical manner. This is a complete misunderstanding of the duty of a lawyer. He must not deceive the court or attempt to give an advantage to his client by unfair means. The judiciary cannot and should not be blocked by methods of beatings or intimidation, whether by litigants or defence counsel.
The trial must proceed smoothly without being hampered by a call for a boycott by the Bar Association or by obstructionist tactics by a member of the Bar Association. She concluded: “Some courts could have conducted cases even during periods of strike or boycott, or adjourned them due to impotence because they were unable to decide cases in the absence of defence counsel, but the majority of courts in the country were implicitly sympathizers by not facing the occasion, by advocating positively for the preservation of high legal traditions and for the continuation of the “restoration of Trust”. of the common man in the institution of justice. It is not too late for the country`s courts to awaken from their slumber and carry out their functions without fear or favour, especially after this court`s judgment in the Mahabir Singh case (op. cit.). Inaction will certainly contribute to the erosion of ethics and values in the legal profession. Failing courts can also contribute to contempt of court. Seizing memories by standing at the door of the courthouse and fighting for it is too dishonorable, shameful and indecent to be approved. The canon of ethics and decency for the legal profession has taboo behavior through advertising, advertising, jamming and other offensive, subtle or clumsy practices, to improve legal affairs. Law is not a business, briefings are not commodities, and therefore the skies of commercial competition or supply should not vulgar the legal profession.
The relationship between a lawyer and his client is trusting and therefore sacred. The Court is concerned about professional misconduct and the frequency with which such acts are revealed. Maintaining mutual trust between lawyer and client is essential, otherwise the country`s judicial system would collapse and fail. Such actions not only affect convicted lawyers, but also undermine public confidence in the existing judicial system. This is all the more true since today, one hundred per cent recruitment of the judiciary takes place from the order of the bar, from the subordinate judiciary to the higher magistracy. You can`t find honest, hard-working judges if you can`t find honest, hard-working lawyers in their firms. It is time for society in general, the respective Council of States and judges to take note of the alarm bells and remedy them and nip evil or curse in the bud. The main characteristics that distinguish the legal profession from the economy are: (a) “a public service obligation, the by-product of which is remuneration and in which one can attain the highest eminence without earning much money”, (b) “a relationship as a judicial agent with the administration of justice, characterized by thorough honesty, integrity and reliability”, (c) “a relationship with the client of the highest fiduciary degree”, and (d) “a relationship with colleagues in the Bar Association characterized by openness, fairness and a refusal to use current commercial methods of advertising and to interfere with their practice or direct relations with their clients”. He must show different respects to the judge at all times, unscrupulously observe the decency of the courtroom and maintain strict fiduciary relationships with clients in all circumstances.
We need to act as a “model for juniors” in the profession. It should be noted that his first duty is to the Court of Justice, he has nothing to fear. “Fear no one except the one who is above us all.” He must disobey certain instructions of his client if they conflict with his duty to the court. If he violates it, he violates the rules of the profession and is subject to their discipline. The Indian legal system is the product of history. It is rooted in our soil; nourished and nourished by our culture; languages and traditions; promoted and honed by our genius and pursuit of social justice; strengthened by history and heritage; It is not a mere copy of English common law, although it is inspired and strengthened, guided and enriched by concepts and commandments of justice, equality and good conscience, which are indeed the hallmark of the common law. The rules developed by the Bar Council of India provide for the duty of a lawyer to the court, to the client; the opponent`s lawyer and colleagues; To adopt a respectful attitude towards the Court, bearing in mind that the dignity of the judicial office is essential to the survival of a free community, that it will do its utmost to prevent its client from engaging in harsh or unfair practices or doing anything towards the Court; lawyers or opposing parties that the lawyer himself should not do; protect the interests of his client by all just and honourable means, regardless of the unpleasant consequences for himself or for others; etc. The high standards of the profession require that if the client`s money comes into the possession of a lawyer who is not paid as a reserved fee, he or she must treat himself or herself as a trustee for the client with respect to those funds. Even if he has a lien on these funds, it would be inappropriate for him to use them for his fees without the express or implied consent of his client or without a court order. The lawyer must serve as a role model for others in his professional life as well as in his private and public life. Society has the right to expect such ideal behavior from him.
Service to humanity is service to God. Let us commit ourselves to serve humanity after fulfilling our duties and obligations of this unique institution. Let us search, look within, and correct ourselves. Lawyers do not have the right to strike or call for a boycott, including a symbolic strike. The protest, if necessary, can only be made through press releases, television interviews, the carrying of banners and / or placards on the court grounds, the wearing of armbands in black or white or other colors, peaceful protest marches outside and outside the court, dharnas or relay fasts, etc. It has been decided that only in the rarest cases where the dignity, integrity and independence of the Bar Association and/or the Chamber are at stake can the courts ignore (turn a blind eye) abstention for up to one day. It has been recognized that the judiciary is overburdened with ongoing litigation. If strikes were resorted to for one reason or another, litigants would suffer because cases would not be decided in the years to come. Therefore, the Chamber and the Bar Association must take concrete joint measures to ensure that there are no more strikes. Lawyers` strikes are illegal and unethical. It violates the fundamental right of litigants to a speedy trial. Lawyers who fail to appear before the courts are also guilty of professional misconduct.
The lawyer must at all times behave in a manner proportionate to his status as an official of the court, a privileged member of the community and a gentleman, bearing in mind that what may be lawful and moral for a person who is not a member of the Bar Association or for a member of the Bar Association in a non-professional capacity: may still be inappropriate for a lawyer.