INTRODUCTION

The word ethics is derived from the Greek word ethos (character), and from the Latin
word mores (customs). Together they combine to define how individuals choose to
interact with one another. In philosophy, ethics defines what is good for the individual
and for society and establishes the nature of duties that people owe themselves and one
another. The following items are characteristics of ethics:

Ethics involves learning what is right and wrong, and then doing the right thing.

Most ethical decisions have extended consequences.

Most ethical decisions have multiple alternatives.

Most ethical decisions have mixed outcomes.

Most ethical decisions have uncertain consequences.

Most ethical decisions have personal implications.

Legal profession is noble profession. The nobility of the legal profession is maintained by
the adherence and observance of a set of professional norms by those who adopt this
profession. It is knows as legal ethics or the ethics of the legal profession. The
fundamental of the legal ethics is to maintain the owner and dignity of the law profession,
to secure a spirit of friendly cooperation between Bench and Bar in the promotion of
highest standard of justice, to establish honorable and fair dealings of the counsel with his
client, opponent and witness, to establish a spirit of brotherhood with bar.

Areas of Application
1) Conflict of interest
A lawyer is at times faced with the question of whether to represent two or more clients
whose interests conflict. Quite aside from his ethical obligations, the legal systems of the
world generally prohibit a lawyer from representing a client whose interests conflict with
those of another, unless both consent.
2) Confidential Communication
In Anglo-American countries judicial decisions, legislation, and legal ethics generally
forbid a lawyer to testify about confidential communications between himself and his
client unless the client consents. Provisions regarding confidentiality are also found in
such diverse legal systems as those of Japan, Germany, and Russia. In countries in which
the attorneys obligation to protect state interests is given relatively greater emphasis,
there may be a duty to disclose information when it is deemed to be to the states
advantage
3) Advertising and solicitation
Traditionally, advertising by lawyers was forbidden almost everywhere. It was a longstanding principle of legal ethics in Anglo-American countries that an attorney must not
seek professional employment through advertising or solicitation, direct or indirect. The
reasons commonly given were that seeking employment through these means lowers the
tone of the profession, that it leads to extravagant claims by attorneys and to unrealistic
expectations on the part of clients, and that it is inconsistent with the professional
relationship that should exist between attorney and client. A more basic reason appears to
have been the social necessity of restraining the motive of personal gain and of stressing
the objective of service.
4) Fees
In principle, attorneys are ethically enjoined to keep their fees reasonable, neither too
high nor too low. Attempts to control fees have included the passage of general statutes
designed to regulate compensation for legal services of all sorts, as in Germany; the
imposition of fees by courts in contentious matters, as in England and Wales; and the
establishment of advisory fee schedules by the legal profession, as in Canada, France,

Spain, and Japan. In the United States, local bar associations sometimes enforced
minimum fee schedules through disciplinary proceedings; however, the U.S. Supreme
Court held in 1975 that such practices violated antitrust laws.
5) Criminal cases
Both the prosecution and the defense of criminal cases raise special ethical issues. The
prosecutor represents the state, and the state has an interest not only in convicting the
guilty but also in acquitting the innocent. The prosecutor also has an ethical and, in
considerable measure, a legal duty to disclose to the defense any information known to
him and unknown to the defense that might exonerate the defendant or mitigate the
punishment. He must not employ trial tactics that may lead to unfair convictions, nor
should he prosecute merely to enhance his political prospects.
6) Globalization
Although economic globalization has contributed in important ways to the worldwide
growth of the legal profession, it has also created the potential for conflict between
different ethical traditions. In Europe, for example, standards of confidentiality for inhouse counsel differ from those observed by independent attorneys, a fact that has created
difficulties for some U.S.-trained lawyers working for European firms. In China the
rapidly increasing market for legal services has attracted legal professionals from
democratic countries, which generally do not share the Chinese conception of an
attorneys public obligations. It is likely that these kinds of challenges will be intensified
by the continuing liberalization of the international legal market and by the development
of technologies that enable lawyers to give advice from their offices to clients in distant
and very different jurisdictions.
ETHICS OF LEGAL PROFESSION - Meaning, Nature and Need
Professional ethics are a set of norms or codes of conduct, set by people in a specific
profession. A code of ethics is developed for each profession. Suppose you write articles
in a newspaper. Professional ethics require that you verify facts before you
Write that article, isnt it? Simply put, professional ethics for lawyers in India lay down a
set of guidelines, which defines their conduct in the profession that is highly competitive
and dynamic. Indian law requires lawyers to observe professional ethics to uphold the
dignity of the profession.

People are surprised when they hear that lawyers are expected to follow professional
ethics and that they are accountable for dishonest, irresponsible and unprofessional
behavior. Further, most people do not know that lawyers in India can lose the license to
practice if they are found guilty of unethical practices that tarnish the dignity of their
profession. A lawyer must adhere to the professional norms, for fair dealing with his
client and to maintain the dignity of the profession
The Bar Council of India is a statutory body that regulates and represents the Indian bar.
It was created by Parliament under the Advocates Act, 1961. It prescribes standards of
professional conduct and etiquette and exercises disciplinary jurisdiction. It sets standards
for legal education and grants recognition to Universities whose degree in will serve as a
qualification for students to enroll themselves as advocates upon graduation.
PROFESSIONAL ETHICS
Section 49(1)(c) of the Advocates Act, 1961 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. It has been made clear that such rules shall have only when they are
approved by the Chief Justice of India. It has been made clear that any rules made in
relation to the standards of professional conduct and etiquette to be observed by the
advocates and in force before the commencement of the Advocates (Amendment) Act,
1973, shall continue in force, until altered or repealed or amended in accordance with the
provisions of this act.
Chapter II of part VI of the rules framed by the Bar Council of India deals with the
standards of professional conduct and etiquette. It contains several rules which lay down
the standards of professional conduct and etiquette. These rules specify the duties of an
advocate to the Court, client, opponent and colleagues, etc.

The rules mentioned in chapter II of part VI of the rules of Bar Council of India may be
discussed as followDuty towards court
The Bar Council of India has made certain rules so as to prescribe duties of an advocate
1) During the presentation the case and while acting otherwise as an advocate
before the court it is required to conduct himself with dignity and self respect. It is
his duty to submit his grievances to the proper authority. The rule empowers the
advocate to make complaint against judicial officer but it should be submitted to
proper authority.
2) An advocate is required to maintain towards the court respectful attitude
bearing in mind that the dignity of judicial office is essential for survival of free
community.
3) Rule has made it clear that no advocate shall influence the decision of the court
by any illegal means. It prohibits the private communication with the to the court.
Such duties may be explained as follow- judge relating to pending case. If any
advocate attempt to influence the decision of court by illegal means then it may
amount to misconduct.
4) The rule requires the advocate to use his best effort to restrain and prevent his
client from resorting to sharp or unfair practice opposite from council or parties
which the advocate himself ought not to do.
5) An advocate shall appear in court at all times only in the prescribe dress and his
appearance shall always be presentable.
6) An advocate shall not enter appearance act, plead, or practice in any way before
a court, tribunal, or authority mentioned in section 30 of the Advocates Act, 1961
if the sole or any member thereof is related to the advocate as father, nephew,
grandfather, son, grandson, uncle, brother, first cousin, husband, mother, wife,
daughter, sister, niece, sister-in-law, mother-in-law, and father-in-law.
7) The rule requires the advocate not to wear bands or gowns in public place other
than in court except on such ceremonial occasions and at such places as the Bar
Council of India and the court may prescribe.

8) The rule provides that an advocate shall not appear in or before any court or
tribunal or any other authority for or against an organization, institution, society,
or corporation if he is a member of executive committee of such organization,
institution, society, or corporation.
9) An advocate shall not act or plead in any matter in which he himself has some
pecuniary interest.
Duty towards Client
Rule 11 to 33 deal with the duties of an advocate to his client. These rules may be
explained as follow1) Rule 11 provides that an advocate is bound to accept any brief in the court or tribunal
or before any authority which he proposes to practice at fee consistent with his standing
at bar and also nature of case.
2)Rule 12 provides that an advocate shall not withdraw from engagement once accepted
without sufficient cause and unless reasonable and sufficient notice given to the client.
3) Rule 13 provides that an advocate should not accept the brief or appear in a case in
which he has reason to believe that he will be a witness.
4)Rule 14 provides that an advocate shall 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 judgment in either engaging him or continuing the
engagement.
5) Rule 15 provides that it is the duty of an advocate to uphold the interest of his client
fearlessly by all fair and honorable means without regard to any unpleasant consequences
to himself or to any other.
6)Rule 16 provides that an advocate appearing for the prosecution of criminal trial shall
so conduct the prosecution that it does not lead to conviction of an innocent.
7) Rule 17 provides that an advocate shall not commit directly or indirectly any breach
of the obligation imposed by section 126 of Indian Evidence Act.

8) Rule 18 provides that an advocate shall not at any time be a party to the fomenting
litigation.
9) Rule 19 makes it clear that an advocate shall not act on the instruction of any person
other than his client or his authorized agent.
10) Rule 20 provides that the fee of an advocate depending upon the success of the sue he
is considered as oppose to public policy. Contract for contingent fee is also hit by section
23 of the Indian Contract Act.
11) Rule 21 provides that an advocate shall not buy or traffic in or stipulate for or agree to
receive any share or interest in any actionable claim.
12) Rule 22 provides that an advocate shall not directly or indirectly bid foe or purchase
either in his own name or any other name for his own benefit or benefit of any other
person, any property sold in execution of decree or other proceeding in which he was
professionally engaged.
13) Rule 23 provides that an advocate shall not adjust fee payable to him by his client
against his own personal property or liability to the client which liability does not arise in
course of his employment as an advocate.
14) Rule 24 provides that an advocate shall not do anything whereby he abuses or take
advantage of the confidence repose in him by his client.
15) Rule 25 provides that an advocate should keep an account of clients money entrusted
to him and accounts should show amount received from the client or on his behalf the
expenses incurred for him and the debits made on account of fees with the respective
dates and all other necessary particulars.
16) Rule 26 provides that where money are received from or on account of client, the
entries in the account should contain a reference as to whether the amount have been
received for fees or expenses and during the course of the proceeding no advocate shall
accept with the consent in writing of the client concerned be at liberty to divert any
portion of the expenses towards fee.

17) Rule 27 provides that where any amount is received or given to him on behalf of his
client, the fact of such receipt must be intimated to the client as early as possible. If the
client demands the payment of such money and in spite of such demand the advocate
does not pay him, he will be guilty of professional misconduct.
18) Rule 28 provides that after termination of the proceeding the advocate shall be at
liberty to appropriate towards the settle fee due to him any sum remaining unexpanded
out of the amount paid or send to him for expenses or any amount that has come into his
hands in that proceeding.
19) Rule 29 provides that if the fee has been left unsettled the advocate can deduct out of
any money of the client remaining in his hand at the termination of the proceeding for
which he had been engaged.
20) Rule 30 provides that the copy of clients account shall be furnish to him on demand
provided the necessary charges are paid.
21) Rule 31 requires an advocate not to enter into arrangements whereby funds in his
hands are converted into loans. It makes it clear that an advocate shall not enter into
arrangements whereby funds in his hands are converted into loans.
22) Rule 32 prohibits an advocate to lend money to his client for the purpose of any
action for legal proceeding in which he is engaged by such client. It provides that an
advocate shall not lend money to his client foe the purpose of any action or legal
proceeding in which he is engaged by such client.
23) Rule 33 provides that an advocate who has at any time advice in connection with the
institution of the suit appeal or matter as drawn pleading or acted for party shall not act
appear or plead for the opposite party.

Duty towards opponent

Rule 34 and 35 framed by the Bar council of India contain provisions as to the duties of
an advocate to the opponent.
Rule 34 provides 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.
Rule 35 provides that 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. It is the duty of the advocate not to engage in discussion or argument
about the subject of the dispute with the opposite party without notice of his counsel.
Resolution 43 of Hoffman providesI will never enter into any conversation with my opponents client relative to his claim
or defence, except with the consent and in the presence of his counsel.
Other duties
1) Rule 40 requires every advocate on the rolls of the State Bar Council to pay a certain
sum to the state bar council. Rule 41 provides that all the sums so collected by the state
bar council shall be credited in a separate fund to be known as Bar Council of India
Advocates welfare fund for the State and shall be deposited in the bank as provided
there under. According to rule 41(2) the Bar Council of India Advocates Welfare fund
Committee for the State shall remit 20% of the total amount collected and credited to its
account, to the bar council of India by the end of every month which shall be credited by
the
Bar council of India and the Bar council of India shall deposit the said amount in a
separate fund to be known as Bar Council of India Advocates Welfare fund.According
to rule 41(3) the rest 80% of the total sum so collected by the Bar Council of India
Advocate Welfare Fund Committee for the state shall be utilized for the welfare of the
advocates in respect of welfare schemes sponsored by the respective State Bar Council.
Rule 42 deals with the consequences of non payment of the said amount by the advocate.
It provides that if an advocate fails to pay the aforesaid sum within the prescribed time,
the secretary of the State Bar Council shall issue to him a notice to show cause within a

month why his right to practice be not suspended. In case the advocate pays the amount
together with late fee within the period specified in notice, the proceeding shall be
dropped. If the advocate does not pay the amount or fails to show sufficient cause, a
committee of three members constituted by the state bar council in this behalf may pass
an order suspending the right of the advocate to practice.
Rule 43 provides that an advocate who has been convicted of an offence mentioned under
section 24-A of the Advocates Act or has been declared insolvent or has taken full time
service or part time service or engages in business or any avocation inconsistent with his
practicing as an advocate or has incurred any disqualification mentioned in the Advocates
Act or the rules made there under, shall send a declaration to the effect to the respective
state bar council in which the advocate is enrolled, within 90 days from the date of such
disqualification.
Rule 44 provides, an appeal shall lie to the bar council of India at the instance of an
aggrieved advocate within a period of 30 days from the date of the order passed under
rule 42 and 43.Rule 44-A provides that there shall be a Bar council of India Advocates
Welfare Committee consisting of five members elected from amongst the members of the
council. The term of the members of the committee shall be co-extensive with their term
in the Bar Council of India. Rule 44-b makes it clear that the Bar Council of India shall
utilise the funds received under rule 41(2), stated above, in accordance with the scheme
which may be framed from time to time.
2) Duty in imparting training rule 45 framed by the Bar Council of India makes it
clear that it is improper for an advocate to demand or accept fees or any premium from
any person as a consideration for imparting training in law under the rules prescribed by
the State Bar Council to enable such person to qualify for enrolment under the Advocates
Act, 1961
3) Duty to render legal aid rule 46 provides that every advocate shall in practice of the
profession of law 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 obligation, as an advocate owes to the society.

4) Restriction on other employment rules 47, 48, 49, 50, 51 and 52 deals with the
restrictions on other employment. Rule 47 provides that an advocate shall not personally
engage in any business but he may be a sleeping partner in a firm doing business
provided that in the opinion of the appropriate state bar council the nature of the business
is not inconsistent with the dignity of the profession. Rule 48 makes it clear that an
advocate may be director or chairman of the board of directors of a company with or
without any ordinary sitting fees, provided none of his duties are of executive character.
An advocate shall not be a managing director or a secretary of any company. Rule 49
provides that an advocate shall not be a full time salaried employee of any person,
government, firm, corporation or concern, so long as he continues to practice and shall
taking up any such employment intimate the fact to the bar council on whose roll his
name appears and shall thereupon cease to practice as an advocate so long as he
continues in such employment. Rule 50 provides that an advocate who has inherited or
succeeded by survivorship, to a family business may continue it, but may not personally
participate in the management thereof. According to rule 51 an advocate may review
parliamentary bills for a remuneration, edit legal text books at a salary, coach pupils for
legal examination, set and examine question papers and subject to the rules against
advertising and full time employment, engage in broadcasting journalism, lecturing and
teaching subject both legal and non legal. Rule 52 makes it clear that nothing in these
rules shall prevent an advocate from accepting after obtaining the consent of the state bar
council, part-time employment provided that in the opinion of the state bar council, the
nature of the employment does not conflict with his professional work and is not
inconsistent with the dignity of the profession.

CONTEMPT OF COURT
The Contempt of Court Act, 1971 defines contempt of court for the first time. There is no
statutory definition of contempt of court. Whatever definition provided under under this
act is not a definition but only classification of the term contempt of court. Contempt of
court in general means to offend the dignity of the court and lower the prestige of the
court.
Halsbury defines as follow any act done or writing publish which is calculated to bring a
pole or judge into content or lower his authority or to interfere with the due course of
justice or the lawful process of the court is contempt of court.
Contempt of court is disobedience to court by acting in opposition to the authority, justice
and dignity thereof. It signifies a willful disregard or disobedience of courts order.
Section 2(a) of the Contempt of Court Act, 1971 defines contempt of court as civil
contempt or criminal contempt.
Contempt by Lawyers
On account of nature of duty to be discharged by the lawyers and the judges they may get
into heated by law which may result in contempt of court. There are several instances of
the misconduct such as using insulting language against the judge, suppressing the facts
to obtain favorable order, imputation of partiality and unfairness against the judge. A
council who advices his client to disobey the order of court is also held liable for
contempt of court. Attacking the judiciary in the bar council election is taken as contempt
of court. If the council refuses to answer the question of the court is also liable for
contempt of court.
In Re Ajaykumar Pandey case the Supreme Court held that advocate using intemperate
language against various judicial officers and attributing motives to them while
discharging there judicial function would be held guilty of contempt of court. In this case
such advocate was sentenced or punished to 4 months simple imprisonment and fine of
rupees 1000/-.

Contempt by judges, magistrates or other person acting judicially

Section 16 of Contempt of Court Act, 1971 makes judges, magistrates and other person
liable for contempt of court. This section provides that subject to the provision of any law
for time being in force a judge, magistrate or other person acting judicially shall also be
held liable for contempt of his own court or any other court in same manner as any
individual is liable and provision of this act shall also be applied accordingly. This
provision is not applicable to any reward or expression delivered by a judge in a matter
which came before him in appeal or revision.
Contempt liability of state, corporate bodies and there officers
As state becomes welfare state, now it is well settled that state shall not immune from
contempt liability and therefore it will be held liable for contempt of court. In
Mohammad Aslam v. Union of India the chief minister of Uttar Pradesh Kalyan Singh
had given the undertaking to the court for protecting the Babri Masjid in his personal
capacity as well as in his official capacity. He was found guilty of willfully committing
breach of undertaking and therefore the court sentenced him to one day token
imprisonment and fine of rupees 2000/-. The minister or officer of government is also
either in his official capacity or if there is personal element contributing to contempt in
his personal capacity, is liable in contempt.

CASE LAWS RELATING TO CONTEMPT OF COURT

Dr. Subramanian Swamy versus Dr. Manmohan Singh & Other Respondents
Subject Index: Prevention of Corruption Act, 1988 whether a complaint can be filed
by a citizen for prosecuting a public servant for an offence under the Prevention of
Corruption Act, 1988 whether the High Court was justified in refusing to entertain the
writ petition filed by the appellant to consider illegal grant of licences at the behest
of Mr. A. Raja - respondent No. 2 the appellant filed Civil Writ Petition for issue of a
mandamus to respondent No.1 to pass an order for grant of sanction for prosecution of
respondent No. 2 the High Court dismissed the petition holding that when the matter is
being investigated by the CBI, and the investigation is in progress, it would not be in
fitness of things to issue a mandamus to the first respondent to take a decision on the
application of the petitioner hence, the appeal no provision either in the 1988 Act
or the Code of Criminal Procedure, 1973 which bars a citizen from filing a complaint for
prosecution of a public servant who is alleged to have committed an offence the
Supreme Court held that while considering the issue regarding grant or refusal of
sanction, the only thing which the Competent Authority is required to see is whether the
material placed by the complainant or the investigating agency prima facie discloses
commission of an offence the material placed on record does not show that the CBI
had registered a case or started investigation at the instance of respondent No.1. Even
though the appellant repeatedly wrote letters to respondent No.1 highlighting the
seriousness of the allegations and supplied the facts and documents which could be made
basis for grant of sanction to prosecute respondent No.2, the concerned officers in the
PMO kept the matter pending and then took the shelter of the fact that the CBI had
registered the case and the investigation was pending impugned order set aside
however, keeping in view the fact that the Court of Special Judge, CBI already too
cognizance of the offences allegedly committed by respondent No.2 under the 1988 Act,
no other direction issued appeal allowed.

Joshna Gouda versus Brundaban Gouda & Another Respondent

Subject Index: Gram Panchayat Act, 1964 section 31 r/w section 34 election
petition under on the ground that the appellant was not eligible to contest the election
in view of Section 11(b) of the Act which declares that no member of `Gram Sasan' shall
be eligible to contest for the post of Sarpanch if he has not attained the age of 21 years
allowed hence, the appeal the Supreme Court held that the burden to proof the fact
that the appellant was born on 20.6.1986 and thus, he was not eligible to contest the
election on the ground that the appellant was not 21 years of age on the relevant date rests
squarely on the first respondent and since the first respondent failed to discharge the
burden cast upon him, the election petition must fail impugned judgment under appeal
set aside appeal allowed.

INDEX

Introduction

Areas of Application

Ethics of Legal Profession

Professional Ethics
Duty towards Court

Duty towards Client

Duty towards Opponent
Other Duties of an Advocate
Contempt of Court
Contempt by Lawyers
Contempt by Judges, Magistrates & others
Contempt Liability of State, Corporate bodies & Officers

Case Laws related to Contempt of Court

BIBLIOGRAPHY