SUBJECT: professional ethics.

Project topic:
Satnam Singh V. BCI

Submitted By
RAJ VARDHAN SINGH
Roll no. 1635
th th
5 Year , 9 Semester,B. B.A.LL.B(Hons.)

Submitted to
Dr. Anshuman Pandey
Faculty of law

Chanakya national Law University, Patna

october, 2020.

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 DECLARATION BY THE CANDIDATE

I hereby declare that the work reported in the B.B.A. LL.B (Hons.) Project Report entitle
“Satnam Singh V. BCI” submitted at Chanakya National Law University, Patna is an
authentic record of my work carried out under the supervision of Dr. Anshuman Pandey. I have
not submitted this work elsewhere for any other degree or diploma. I am fully responsible for the
contents of my Project Report.

(Signature of the Candidate)

RAJ VARDHAN SINGH
Chanakya National Law University, Patna

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 Acknowledgement

I record my deep sense of obligations and gratitude to Dr. Anshuman Pandey, Faculty of Law,
Chanakya National Law University, Patna for his guidance offered with commendable clarity
and for persistent encouragement in the execution of the present project work.

I owe a special words of gratitude to my family specially my father Justice Arun Kumar who
himself being a High Court Judge was always there to provide me a helping hand whenever I
needed.

I will be failing in my duty if I don’t thank my friends who helped me immensely with the source
of research material and I would also like to thank the library staff for working long hours to
facilitate us with required material going a long way in quenching our thirst for Knowledge.

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 Research methodology.

 Whether Doctrinal or Non Doctrinal?

This Project is based upon Doctrinal method of research. Doctrinal in the sense that that i
have collected theoretical material from different sources such as text books and Internet
resources.

 Whether Primary or Secondary sources?

My research is based on secondary sources as I have totally relied upon Articles, Books,
journals and internet sources for collecting data.

 Whether Analytical or Descriptive?

The method of writing followed in the course of this research project is a blend of analytical
and descriptive method.

 Mode of Citation:

The researchers have followed a uniform mode of citation throughout the course

of this project.

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 TABLE OF CONTENT
INTODUCTION 04

Facts of the case 05

Findings of the Disciplinary Committee 06

Supreme Court’s Verdict 08

Conclusion 10

Bibliography 11

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 INTRODUCTION.

Legal practice in India is governed by the Advocates Act 1961; an act passed by the Indian
Parliament which provides for laws relating to legal practitioners in India and to provide for the
constitution of the Bar Council of India (BCI) and state bar councils. Under the powers granted
in the Act, the BCI has made rules known as BCI rules which lay down rules for practice, legal
education and professional ethics. Advocates Act 1961 replaced the earlier Indian Bar Councils
Act, 1926.

Before the Advocates Act 1961, there had existed various professions. The Pleaders, Mukhtars
and Revenue Agents Act was passed in 1865, followed by the Legal Practitioners Act in 1879,
the Indian Bar Councils Act in 1926 and the Advocates Act in 1961.

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, etiquette and exercises disciplinary jurisdiction over the bar. I t also sets standards
for legal education and grants recognition to universities whose degree in law will serve as a
qualification for students to enroll themselves as advocates upon graduation.

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Bar Council of India has been empowered under section 49 of the Advocates Act to make rules.
In exercise of those powers Bar Council of India made rules which were published in the official
gazette on 6 September 1975.

 Parts I, II and III deal with establishment of Bar Council of India, state bar councils,
lawyers and their roles.
 Part IV deals with rules of legal education being rules on standards of legal education and
recognition of degrees in law for the purpose of enrolment as advocate and inspection of
Universities for recognizing its degree in law.
 Parts V, VI, VII, VIII and IX deal with other aspects including the professional ethics.

Facts Of The Case.

In this case, the Respondent filed a claim for compensation on account of the death of her
husband as a result of the motor accident in the court of the Motor Accidents Claim Tribunal,
Delhi. Further, the respondent made a claim before the State Bard Council Delhi that she had
engaged a lawyer practicing in the Tis Hazari Court as her counsel on a fee of Rs.55 and that he
had thereafter took from her a sum of Rs. 83 towards expenditure for stamps etc, Rs. 37.50
towards publishing charges, Rs.31 for payment of process fees and Rs.33 for as charge for taking
copies of certain documents. The respondent grievance was that the lawyer did not deposit
Rs.37.50 in the court towards publication charges nor did he deposit Rs.31 towards process fee
as no process was taken out by him or applied for any copies of documents for which he had
taken Rs.33. The respondent further alleged that the advocate duped her by taking Rs. 642 stating
that Rs.621 had to be credited into the treasury towards income tax on the amount of
compensation awarded by the tribunal and Rs.21 as expenses, and that later on he represented to
her that the said amount had been credited into the treasury.

Findings Of The Disciplinary Committee.

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The Disciplinary Committee of the Bar Council of India found that the Advocate committed a
breach of the Rule 25 and 30 of the Bar council of India Rules, 1975 in that he failed to maintain
accounts and that he failed to furnish the said accounts when demanded of him.The testimony of
witnesses before the committee tend to show that the advocate represented that the tribunal had
made an award for Rs. 1,80,000 as compensation and that on the faith of such representation, the
respondent was made to be part with with Rs.642 which, the advocate claimed, had to be
credited into the treasury as income-tax payable thereon and expenses incidental thereto. The
evidence further shows that the amount was obtained by the appellant on the false pretences as
the claim was still pending and had not been decreed by the tribunal. The Disciplinary
Committee was inclined to believe the version of the respondent that she was made to part with
Rs.642 towards income tax but since the source from which the money came was not proved, did
not take that into account.

Supreme Court’s Verdict.

The Supreme Court ruled that the fact remains that the Advocate was guilty of breach of Rule 25
and 30. Under Rule 25, a lawyer has to keep detailed accounts of the money entrusted by his
clients and the account must show the amounts reveived from the client or on his behalf, the
expenses incurred for for him and the debits made on account of fees with respective dates and
all other necessary particulars. Rule 30 states that a lawyer must furnish a copy of the client’s
accounts to him on demand on payment of the copying charges.

These are statutory provision made for the protection of the litigant public, as instances are not
uncommon where lawyers withhold large sums of money without any reasonable excuse. In K.V.
Umro V. Smt. Venubai D. Osco & Anr1, a lawyer had misappropriated an amount of Rs. 11,760
awarded by the court under the Fatal Accidents Act, 1855 payable to poor helpless widow as
compensation for the death of her husband in a road accident. The court ruled that it is
unfortunate that such instances should occur which bring bad name to the legal profession and
tarnish the image of our entire legal system. The relation between a lawyer and is client is highly
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Civil Appeal No.2385 (NCM) of 1977.

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fiduciary in its nature and of very delicate, exacting and confidential character requiring a high
degree of fidelity and good faith. The court ruled that it is purely a personal relationship,
involving the highest personal trust and confidence. A lawyer when entrusted with a brief is
expected to follow the norms of professional ethics and try to protect the interests of his clients
in relation to whom he occupies a position of trust. The advocate betrayed the trust reposed in
him by the complainant and defalcated the various amounts entrusted to him.

Conclusion.

This not only means knowledge of all the rules but dire implementation of the same as well. As
officers of the court, advocates share a much bigger responsibility to refrain from the minutes of
things that might be comprehended as contempt of court.

The legal profession is solemn in nature and its profundity is complemented by its attire. Hence,
it is imperative for a lawyer to refrain from any act that may act as a bad example for the
profession. Advocates, in addition to being professionals, are also officers of the courts and play
a vital role in the administration of justice. Accordingly, the set of rules that govern their
professional conduct arise out of the duty that they owe the court, the client, their opponents and
other advocates.

An Advocate's Duty towards the Court:

Act in a dignified manner - during the presentation of his case and also while acting before a
court, an advocate should act in a dignified manner. He should at all times conduct himself with
self-respect. However, whenever there is proper ground for serious complaint against a judicial
officer, the advocate has a right and duty to submit his grievance to proper authorities.

Respect the court - should always show respect towards the court. An advocate has to bear in
mind that the dignity and respect maintained towards judicial office is essential for the survival
of a free community.

Not communicate in private - should not communicate in private to a judge with regard to any
matter pending before the judge or any other judge. An advocate should not influence the
decision of a court in any matter using illegal or improper means such as coercion, bribe etc.

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Refuse to act in an illegal manner towards the opposition - should refuse to act in an illegal
or improper manner towards the opposing counsel or the opposing parties. He shall also use his
best efforts to restrain and prevent his client from acting in any illegal, improper manner or use
unfair practices in any mater towards the judiciary, opposing counsel or the opposing parties.

Refuse to represent clients who insist on unfair means - shall refuse to represent any client
who insists on using unfair or improper means. An advocate shall excise his own judgment in
such matters. He shall not blindly follow the instructions of the client. He shall be dignified in
use of his language in correspondence and during arguments in court. He shall not scandalously
damage the reputation of the parties on false grounds during pleadings. He shall not use un-
parliamentary language during arguments in the court.

Appear in proper dress code - should appear in court at all times only in the dress prescribed
under the Bar Council of India Rules and his appearance should always be presentable.

Refuse to appear in front of relations - should not enter appearance, act, plead or practice in
any way before a judicial authority if the sole or any member of the bench is related to the
advocate as father, grandfather, son, grandson, uncle, brother, nephew, first cousin, husband,
wife, mother, daughter, sister, aunt, niece, father-in-law, mother-in-law, son-in-law, brother-in-
law daughter-in- law or sister-in-law.

Not to wear bands or gowns in public places - should not wear bands or gowns in public
places other than in courts, except on such ceremonial occasions and at such places as the Bar
Council of India or as the court may prescribe.

Not appear in matters of pecuniary interest - should not act or plead in any matter in which
he has financial interests. For instance, he should not act in a bankruptcy petition when he is
also a creditor of the bankrupt. He should also not accept a brief from a company of which he is
a Director.

Not stand as surety for client - should not stand as a surety, or certify the soundness of a surety
that his client requires for the purpose of any legal proceedings.

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While there are interesting times to be seen when it comes to the legal profession going through
paradigm shift like liberalization of the sector, new practice areas etc. but constants like adhering
to rules pertaining to uniforms etc. will remain one of the key identity parameters. So howsoever
massive size the profession may expand into, it will always remain imperative for it to maintain
its persona, imagery and identity.

Bibliography.

 Advocates Act, 1961.

 BCI Rules.

 www.manupatra.com

 www.scconline.com

 www.indiankanoon.com

 www.jurislaw.com

 www.livelaw.com

 www.mondaq.com

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