Legal Ethics

UNIT 1
1.0 PROFESSIONAL ETHICS
Ethics denotes human behavior to make decisions between what is truthful and what is not. Professional ethics
are those set code or moral principles that govern a person's behavior in a professional workplace or work life.
In the legal profession, an advocate must obey professional codes for fair dealing with the client and maintain
and uphold the self-possession.
Chief Justice Marshall has observed in this respect, “The fundamental aim of legal ethics is to maintain
the honour and dignity of the law profession to secure a spirit of friendly co-operation between the bench and
bar in the promotion of higher standard of justice, to establish honourable and fair dealings of the counsel
with his client, opponent and witness, to establish a spirit of brotherhood with bar itself and to secure that
lawyers discharge their responsibilities to the community generally”.
1. Organisation 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 services
1.1 NEED FOR PROFESSIONAL ETHICS
Firstly, a Code of Professional ethics provides a sense of social control. Every now and then each profession
and industry (here the legal profession) a newcomer enters it. Thus, codified professional ethics makes the
newcomer aware of the standards that need to be met with, in the profession. A Codified form of ethics also
keeps the old members of a professional fraternity in line according to the standard of social requirement and
expectations.
Secondly, without a code of professional ethics the government or by society may try to control the standards
through its agencies. Thus to prevent such control and interference, a code is required. Therefore, it is believed
and practised that in order to standardise a certain set of rules, protocols and ethics, it should be done by the
profession itself so that governmental interference is kept away.
Thirdly, higher standards of conduct can only be developed by codifying it. The codes bring about a sense of
permanence and crystallize the standard of best ethics about the profession.
Fourthly, the existence of code will have great educative, corrective and appreciable value for both the lawyers
and the laymen.
1.2 HISTORY OF LEGAL PROFESSION IN INDIA
The legal profession is an important limb of the machinery for the administration of justice. Without a well-
organized profession of law, the courts wouldn't be in a position to administer justice effectively.
Legal Profession in British India:
During the British period, the model legal system was developed in India. Before 1726, the courts derived their
power, not from the British Crown but the East India Company.
 1. Charter of 1726
The mayor's courts were established in the presiding towns of Bombay, Calcutta, and Madras, they were the
royal courts. The courts heard all civil suits, action pleas between parties, they followed the procedure based on
English law.The Mayor's court has no jurisdiction in criminal cases. The criminal jurisdiction was conferred on
the governor.
2. Charter of 1753
It was issued to modify the charter of 1726. This charter also ignored significant provisions for legal training
and education relating to legal practitioners and as such, after this charter also the legal profession was not
organized.
3. Charter of 1774
The British crown issued a charter in 1774 by which the Supreme Court of judicature was established at
Calcutta. The Charter empowered the said Supreme Court to approve and enroll advocates and Attorney-at-law.
The Supreme Court had powers to remove any advocate or Attorney on reasonable cause.
4. The Bengal Regulation Act of 1793
This act for the first time provided for a regular legal profession for the company's court. Under the regulation,
only Hindu and Muslims were entitled to be enrolled as pleaders.
5. Indian High Courts Act, 1861
Under this act, The British Crown issued the Charter to establish one High Court in each presidency town. The
civil Courts were organized in provinces also subsequently.
6. Legal Practitioners Act, 1879
It was enacted to consolidate and amend the law relating to legal practitioners. It provided that an Advocate or
vakil on the roll of any high Court can practice in all the courts subordinate to the courts on the role of which he
was entered.
7. Indian Bar Committee 1923
It was constituted to consider the issue of the organization of the bar on an Indian basis. The committee didn't
favor the establishment of the All-India Bar Council. It was of the view that a bar council should be constituted
for each High Court. The committee suggested that in all High Court a single grade of the practitioner should be
established, and they should be called Advocates.
8. Indian Bar Council Act, 1926
To give effect to some of the recommendations of the Indian Bar Committee 1923, The Indian Bar Council Act
was enacted in 1926. The main purpose of the act was to provide for the constitution and incorporation of the
Bar Council for certain courts, to confirm powers and impose duties on such councils and also to consolidate
and amend the law relating to legal practitioners of such courts.
Legal Profession in India After Independence:
1. All India bar Committee, 1951
All India Bar Committee was constituted under the chairmanship of Justice S.R. Das. The committee in its
report recommended the establishment of an All India Bar Council and State Bar Council. It recommended the
powers of enrollment, suspension, or the removal of advocates to the Bar Council. Further recommended that
there should be no further recruitment of non-graduated pleaders or Mukhtars.
2. Advocates Act, 1961
The central government enacted the Advocates Act in 1961. This act has been in force in entire India. It brought
revolutionary changes in the legal profession in India. It sets out to achieve the utility and dignity of the
profession of law on an All-India basis. The preamble of the act says that the act amends as well as consolidates
the law relating to legal practitioners.
1.3 NATURE OF LEGAL PROFESSION
1. Service-Oriented
Lawyers are primarily service providers. They offer their expertise and legal knowledge to clients who need
assistance with various legal matters. The legal profession is fundamentally centered on helping individuals,
businesses, and organizations navigate complex legal systems and find solutions to their legal problems.
2. Ethical Responsibility
Lawyers are bound by a strict code of ethics. This includes maintaining client confidentiality, providing honest
and competent representation, and avoiding conflicts of interest. These ethical obligations are essential to
maintain the integrity of the legal profession.
3. Adversarial System
In an adversarial legal system, lawyers represent opposing sides in legal disputes. They vigorously advocate for
their clients' interests, presenting arguments, evidence, and legal precedents to support their case. The judge or
jury then decides the outcome based on these presentations.
4. Advocacy
Lawyers serve as advocates for their clients. This involves representing their clients' interests in negotiations,
mediations, and court proceedings. Effective advocacy often requires strong communication, negotiation, and
persuasion skills.
5. Confidentiality
Attorney-client privilege is a crucial aspect of the legal profession. It ensures that lawyers must keep all client
information confidential unless authorized by the client to disclose it. This privilege encourages open and
honest communication between lawyers and their clients.
6. Moral and Ethical Dilemmas
Lawyers often face complex moral and ethical dilemmas. They may be required to represent clients whose
actions or beliefs they personally disagree with. Balancing professional duties with personal values can be
challenging but is essential to maintain the integrity of the legal profession.
1.4 ADVOCATES ACT, 1961 – DEFINITIONS
This Act’s primary goal is to unite and create a single class of attorneys called “advocates.” Their major goals
are to establish an All India Bar Council and State Bar Councils, as well as a common qualification for the bar.
It also outlines an advocate’s obligations and rights.
Advocate – 2(1)(a)
“advocate” means an advocate entered in any roll under the provisions of this Act
Bar Council – 2(1)(d)
“Bar Council” means a Bar Council constituted under this Act
Law Graduate – 2(1)(h)
“law graduate” means a person who has obtained a bachelor’s degree in law from any University established by
law in India
Legal Practitioner – 2(1)(i)
“Legal practitioner” means an advocate [or vakil] or any High Court, a pleader, mukhtar or revenue agent
Roll – 2(1)(k)
“roll” means a roll of advocates prepared and maintained under this Act
1.5 STATE BAR COUNCILS
Section 3 - State Bar Councils
Section 3 of the Act allows for the establishment of a Bar Council in each state. Union territories are joined by
neighbouring countries. There is a unique Bar Council for the union territory of Delhi. This is based on the All
India Bar Committee’s recommendations. For each State Bar Council, a chairman and vice chairman will be
chosen by the respective State Bar Council.
Section 8 - Term of office of members under the State Bar Council
According to Section 8 of the Act, State Bar Council members are chosen to serve terms of five years, starting
from the day the results of the election are published. The Bar Council of India will extend the term of office by
examining the reasons if the State Bar Council fails to hold elections for its members before the term expires,
provided that the extension does not exceed a 6-month period. By extending the term of members, the council
will be notified that it must hold a new election for members as the previous one was not held before the term’s
expiry.
Section 6 – Functions of State Bar Councils
Section 6 of the Act lays down the important functions of a State Bar Council. They are:
1. To admit persons as Advocates on its roll.
2. To prepare and maintain such roll.
3. To entertain and determine cases of misconduct against Advocates on its roll.
4. To safeguard the rights, privileges and interests of Advocates on its roll.
5. To promote and support law reform.
6. To conduct seminars and organise talks on legal topics by eminent jurists and publish journals and
papers of legal interest.
7. To organise legal aid to the poor.
8. To manage and invest the funds of the Bar Council.
9. To provide for the election of its members.
10. To visit and inspect Universities in accordance with the rules for imparting legal education.
11. To promote the growth of Bar Associations for the purpose of effective implementation of welfare
schemes introduced by the Council.
12. To perform any other functions as prescribed by the Act.
 13. The time within which and form in which an Advocate shall express his intention for the entry of his
name in the roll of State Bar Council.
14. The form in which an application shall be made to the Bar Council for admission as an Advocate on its
roll.
15. The conditions subject to which a person may be admitted as an Advocate on any such roll.
16. The instalments in which the enrolment fee may be paid.
The Council may constitute funds for the purpose of:
 Giving financial assistance to organise welfare schemes for the indigent, disabled or other Advocates.
 Giving legal aid or advice in accordance with the rules.
The State Bar Council may receive gifts, donations or any grants for the purposes mentioned above and such
amount may be credited to the welfare funds constituted accordingly.
Powers of State Bar Council
Every State Bar Council has the power to make rules regarding the following matters:
1. The election of members of the Bar Council. This will include the manner of conducting election,
eligibility to cast postal vote, manner of publishing results etc.
2. The manner of election of the Chairman and the Vice-Chairman of the Bar Council.
3. Deciding the validity of elections.
4. The filling of casual vacancies in the Bar Council.
5. The powers and duties of the Chairman and the Vice Chairman.
6. Constitution of funds.
7. Organisation of legal aid to the poor, constitution of committees and sub committees for the purpose.
8. Summoning the meeting of the Bar Council, Conduct of Business, deciding the number of persons to
constitute quorum.
9. The qualifications and the conditions of service of the secretary, the accountant, and other employees of
the Bar Council.
10. The maintenance of books of accounts and other books by the Bar Council.
11. The appointment of auditors and the audit of the accounts of the Bar Council.
12. The management and investment of the funds.
Rules made by the State Bar Councils are effective only when it is approved by the Bar Council of India.
Maintenance of rolls
As per Section 17 of the Act, every State Bar Council shall prepare and maintain a roll of Advocates. It shall
contain the names and addresses of the Advocates.
The roll shall consist of two parts. The first part shall include the details of senior Advocates and the second
part shall include the details of other Advocates. No person shall be enrolled as an Advocate in more than one
state roll.
But a person can file an application before the Bar Council of India to transfer his name from roll of one state to
another nevertheless he will retain the same seniority. The State Bar Council may issue a certificate of
enrolment to Advocates whose name is entered in the roll.
1.6 BAR COUNCIL OF INDIA
Section 4 - Bar Council of India:
Section 4 of the Act permits the establishment of an All-India Bar Council. The attorney general of India, who
serves as an ex officio member, the solicitor general of India, who also serves as an ex officio member and one
member who is chosen by each State Bar Council from among its members shall make up the body. The All
India Bar Council will have a chairman and vice-chairman who were chosen by the Council itself according to
the established procedures.
Section 5 - Bar Council to be a body corporate
Any corporate body, including the Bar Council of India and all state Bar Councils with perpetual succession and
their own common seal, is covered by Section 5 of the Act. Each Bar Council has the authority to acquire and
hold real property in its own name. It is capable of being sued, being sued in its name, and entering into
contracts in its name. A Bar Council can continue to exist since it is a corporate entity with perpetual
succession; therefore, it is unaffected by the fact that the members’ terms of office have ended.
Section 7 – Functions of Bar Council of India
The Bar Council of India was established by Parliament under the Advocates Act, 1961. The following statutory
functions under Section 7 cover the Bar Council's regulatory and representative mandate for the legal profession
and legal education in India:
1. To lay down standards of professional conduct and etiquette for advocates.
2. To lay down the procedure to be followed by its disciplinary committee and the disciplinary committees
of each State Bar Council.
3. To safeguard the rights, privileges and interests of advocates.
4. To promote and support law reform.
5. To deal with and dispose of any matter which may be referred to it by a State Bar Council.
6. To promote legal education and to lay down standards of legal education. This is done in consultation
with the Universities in India imparting legal education and the State Bar Councils.
7. To recognize universities whose degree in law shall be a qualification for enrolment as an advocate. The
Bar Council of India visits and inspects Universities, or directs the State Bar Councils to visit and
inspect Universities for this purpose.
8. To conduct seminars and talks on legal topics by eminent jurists and publish journals and papers of legal
interest.
9. To organize legal aid to the poor.
10. To recognize a reciprocal basis, the foreign qualifications in law obtained outside India for admission as
an advocate in India.
11. To manage and invest the funds of the Bar Council.
12. To provide for the election of its members who shall run the Bar Councils.
UNIT 2
2.0 VARIOUS COMMITTES OF STATE BAR COUNCIL
Various Committees may be constituted by the State Bar Councils for discharging certain duties. Such as:
1. Disciplinary Committee
 The disciplinary committees are constituted to deal with the cases of professional misconduct of
Advocates. The Council may constitute one or more disciplinary committees.
 It shall consist of three persons in out of which two persons shall be members of the Council and the
remaining one being selected from the non-member Advocates. The senior most among the members of
the Committee shall be the Chairman of the Disciplinary Committee.
  The Disciplinary Committee shall have the same power as that of a civil Court in matters relating to the
disposal of disputes relating to professional misconduct.
2. Legal Aid Committee
 One or more legal aid committees may be constituted by the Council. It shall have minimum five
members; however it cannot exceed nine.
 The Legal Aid activities of the Council are monitored, conducted by the committee. The Council
prescribes the qualifications required for the members from time to time.
3. Executive Committee
 It shall consist of five members and they are elected by the Council amongst its members.
4. Enrolment Committee
 There must be three members in the enrolment committee who shall be elected from the members of the
Council.
 A State Bar Council shall refer every application for admission as an advocate to its enrolment
committee and it shall decide on the same.
5. Standing Committees
 Executive committee which shall consist of nine members elected amongst the members of the Council.
 Legal Education Committee which shall consist of ten members. Five out of ten members shall be
elected by the Council from its members and the remaining five shall be co-opted by the council from
non-member Advocates.
Every Bar Council and every committee other than Disciplinary Committee shall follow the rules of procedure
in regard to transaction of businesses at their meeting. The meeting shall be convened at the headquarters of the
Bar Council except that of Disciplinary Committee.
2.1 VARIOUS COMMITTEES OF BAR COUNCIL OF INDIA
The Bar Council of India has various committees that make recommendations to the council. The members of
these committees are elected from amongst the members of the council. The Advocates act, 1961 mentions the
creation of a disciplinary committee under section 9, a legal education committee and an executive committee
under section 10. These three committees are as follows:
1. Disciplinary Committee
 The disciplinary committee of the BCI hears the applications for revision by persons against summary
dismissal of their complaints against advocates for professional misconduct, by the State Bar Councils.
 Appeals lie before the BCI against orders of the disciplinary committee of the State Bar Councils. Every
such appeal is heard by the disciplinary committee of the BCI, which may pass an order, including an
order varying the punishment awarded by the disciplinary committee of the State Bar Councils.
 Each disciplinary committee consists of three members. The term of the members of this committee is
three years.
2. Legal Education Committee
The legal education committee consists of five members of the BCI and five co-opted members to represent the
judiciary, the law ministry, the UGC, and academia. The committee makes recommendations to the BCI on all
matters of legal education in the country. The committee elects its own chairman.
The legal education committee has the power:
 To make recommendations to the council for laying down the standards of legal education for
universities
 To visit and inspect universities and report the results to the council.
 To recommend to the Council the conditions subject to which foreign qualification in law obtained by
persons other than citizens of India may be recognised.
 To recommend to the Council for recognition of any degree in law of any University in the territory of
India.
 To recommend the discontinuance of recognition of any University already made by the Council.
3. Executive Committee
The executive committee is the executive authority of the council and handles giving effect to the resolutions of
the council. Members of the executive committee are elected from amongst the members of the BCI. The
committee elects its chairman and vice-chairman.
The executive committee has the power:
 To manage the funds of the council
 To invest the funds of the Council in the manner directed by the Council from time to time
 To grant leave to the members of the staff, other than casual leave
 To prescribe books of account, registers and files for the proper management of the affairs of the
Council
 To appoint and supervise the work of the members of the staff and prescribe their conditions of service
 To appoint auditors and fix their remuneration
 To consider the annual audit report and place it before the Council with its comments for its
consideration
 To maintain a library and under the directions of the Council, publish any journal, treatise or pamphlets
on legal subjects
 To prepare and place before the Council, the annual administration report and the statement of account
 To provide for proper annual inspection of the office and its registers
 To authorise the Secretary to incur expenditure within prescribed limits
 To fix travelling and other allowances to members of the committees of the Council, and to members of
the staff
 To delegate to the Chairman and/or the Vice-Chairman any of its aforementioned powers
 To do all other things necessary for discharging the aforesaid functions
2.2 ADVOCATES
Section 16 - Senior and other advocates
Section 16 provides that there shall be two classes of advocates, namely, senior advocates and other advocates.
An advocate may, with his consent, be designated as senior advocate if the Supreme Court or a High Court is of
opinion that by virtue of his ability, standing at the Bar or special knowledge or experience in law, he is
deserving of such distinction. Senior advocates shall, in the matter of their practice, be subject to such
restrictions as the Bar Council of India may, in the interest of legal profession, prescribe.
Provided, if the senior advocate makes an application to Bar Council to maintain his name in the roll but not as
a senior advocate, then in that scenario the Bar may alter the roll accordingly.
Section 17 - State Bar Councils maintain the roll of advocates
According to Section 17, it is the responsibility of the State Bar Council to create and maintain a list of state
advocates. The roll has two sections. Senior advocates make up the first part, while other advocates make up the
second part. The entry is based on seniority in the state roll record. According to Section 17(4), no person may
be listed as an advocate on the rolls of more than one State Bar Council.
Section 18 - Transferring the name from one state to another state
According to Section 18, anybody who wishes to move from one state’s Bar Council to another must submit an
application to the bar association of India, New Delhi.
Section 20 - Enrolment of certain Supreme Court advocates
Section 20 provides that every advocate who was entitled as of right to practice in the Supreme Court
immediately before the appointed day and whose name is not entered in any State roll may, within the
prescribed period, express his intention in the prescribed form to the Bar Council of India for the entry of his
name in the roll of a State Bar Council and on receipt thereof, the Bar Council of India shall direct that the name
of such advocate shall, without payment of any fee, be entered in the roll of that State Bar Council and the State
Bar Council concerned shall comply with such direction.
Section 22 – Certificate of enrolment
Section 22 provides that there shall be issued a certificate of enrolment in the prescribed form by the State Bar
Council to every person whose name is entered in the roll of advocates maintained by it under this Act. Every
person whose name is so entered in the State roll shall notify any change in tha place of his permanent residence
to the State Bar Council concerned within 90 days of such change.
Section 24 – Qualifications
Section 24 of the Act says that a person can be admitted as an Advocate in a State Roll, if-
 He is a citizen of India. However a foreign national may be admitted to a State Roll, if qualified Indian
citizens are allowed to practice in that country.
 He has completed twenty one years of age.
 He has obtained a law degree from a University or college recognised by Bar Council of India.
 He fulfills any other conditions set out by the concerned State Bar Council.
So any person who satisfies the above conditions can make an application to the State Bar Council in whose
jurisdiction he intends to practise as an Advocate. The application shall be accompanied by prescribed fees
payable to the State Bar Council and Bar Council of India.
The application for enrolment is scrutinised by the Enrolment Committee of the State Bar Council. The State
Council may refuse to admit an application provided that they shall refer the application to Bar Council of India
for their opinion.
The State Council shall intimate the Bar Council, its grounds for refusing the application. The application shall
be finally disposed in conformity with the opinion made by the Bar Council of India.
Once a State Bar Council has refused to entertain an application for enrolment, the Council shall intimate the
details of the applicant, reasons for refusal etc to other State Bar Councils. And if the requirements are met, the
applicant will be admitted as an Advocate in the State Roll.
Within two years of enrolling with the State Bar Council, an enrolled advocate shall appear for All India Bar
Examination conducted by Bar Council of India. The exam is conducted twice in a year. The Bar Council of
India decides eligibility, syllabi, pattern, fees and marks required to qualify the exam.
Once the exam is cleared by the candidate, Bar Council of India issues Certificate of Practice. The All India Bar
Examination is conducted by the Council to examine the practical knowledge of an Advocate.
Section 24A – Disqualification
Section 24A speaks about disqualification for enrolment. The section says that, no person shall be admitted as
an Advocate in a State Roll-
 If he is convicted for an offence involving moral turpitude.
 If he is punished for an offence under Untouchability (Offences) Act.
 If he was dismissed or removed from an employment or service under the State for an offence involving
moral turpitude.
However, such disqualification will cease to have effect after the lapse of two years since his removal or
dismissal or release. Also the Bar Council of India is empowered to remove the name of a person from State
Roll, if it is satisfied that he got his name entered through misrepresentation or undue influence or fraud.
UNIT 3
3.0 PROFESSIONAL OR OTHER MISCONDUCT
The Supreme Court has observed in the case of State of Punjab v Ram Singh, that the term misconduct may
involve moral turpitude, it must be improper or wrong behavior, unlawful behavior, willful in character
forbidden act, carelessness or negligence in performance of duty.
The expression “professional or other misconduct” in section 35 of the Advocates Act means misconduct in a
professional or other capacity. For the purposes of this section the meaning of the expression “professional or
other misconduct” is not confined to the acts done in a professional capacity by an Advocate.
On receipt of complaint or otherwise if Bar Council has reason to believe that there was a professional or other
misconduct by an advocate who is on roll, it will refer the case to the Disciplinary Committee. Disciplinary
Committee may dismiss the complaint or suspend the advocate from practice for a time period they deem fit.
They may also remove the name of the advocate from the roll. Bar Council can deal with the appeal against the
order of the Disciplinary Committee of the State Bar Council. The Appeal should be filed within 60 days from
the date of communication of the order. Such appeal to BCI shall be heard by the Disciplinary Committee of
BCI. Aggrieved party by the order of Disciplinary Committee of BCI may move to Supreme Court.
 Harish Uppal v Union of India
No order of the Disciplinary Committee of the BCI shall be varied by the Supreme Court as so as to
prejudicially affect the person aggrieved without giving him a reasonable opportunity of being heard.
Disciplinary jurisdiction over advocates though rests in Bar Councils yet by virtue of Section 38, final
authority is with the Supreme Court.
 State v Lalit Mohan Nanda
It is the duty of an advocate not to change side and appear for the opposite party in subsequent proceedings
in the same suit. The reason being there is likelihood or possibility of misuse of the instructions given to him
by his former client.
 Shambhu Ram Yadav v Hanuman Das
 The Supreme Court made clear that writing letter to his client to send money to bribe the judge is a serious
misconduct. Also, legal profession is not a trade or a business.

 L.C. Goyal v Suresh Joshi

In this case. The advocate misappropriated the money received as court-fee. He was held guilty of
professional misconduct.
 In re. Vinay Chandra Mishra
The court has right to suspend/ remove/ punish/ imprison for professional misconduct.
3.1 DISCIPLINARY COMMITTEE OF STATE BAR COUNCIL
Section 9 – Disciplinary Committees
The Bar Council shall constitute a disciplinary committee as per Section 9 of the Advocates Act, 1961. This
section provides that the one or more disciplinary committee are required to be formed and each of these
disciplinary committee shall consist of three members.
The election of two of the members of the disciplinary committee shall be done by the Council from the
members of the Council itself. The third member shall be co-elected by the Council outside of the members of
the Bar Council but who shall be an advocate and possess qualifications as prescribed in Section 3(2) of the
Advocates Act, 1961.
The section further states that the senior most advocate shall be the chairman of the committee. The term of
members of this committee shall be not more than 3 years.
Section 35
It states that on receipt of a complaint or otherwise a State Bar Council has reason to believe that any advocate
on its roll has been guilty of professional or other misconduct, it shall refer the case for disposal to its
disciplinary Committee.
Powers of Disciplinary Committee
Section 35
After giving the advocate concerned and the Advocate General an opportunity of being heard, the Disciplinary
Committee of a State Bar Council may make any of the following orders:
a) Dismiss the complaint
b) Reprimand the advocate
c) Suspend the advocate from practice for such period as it deems fit
d) Remove the name of the advocate from the State roll of advocates
Section 42
The section states that the disciplinary committee shall have the same powers as vested in a civil court as per the
Code of Civil Procedure, 1908 which are as follows:
1. Summoning and enforcing the attendance of any person and examining him on oath.
2. Requiring discovery and production of any documents.
 3. Receiving evidence on affidavits.
4. Requisitioning any public record or copies thereof from any court or office.
5. Issuing commission for the examination of witness or documents.
6. Any other matter which may be prescribed.

Section 43
It provides that the Disciplinary Committee of a State Bar Council may make such order as to the costs of any
proceedings before it as it may deem fit and any such order shall be executable as if it were an order of the High
Court.
Section 44
It provides that the Disciplinary Committee of State Bar council made of its own motion or otherwise review
any order within 60 days of the date of that order passed by it dealing with the punishment of advocate for
misconduct. However, no order or review of the disciplinary committee of state Bar Council shall have effect
unless it has been approved by the Bar Council of India.
3.2 DISCIPLINARY COMMITTEE OF BCI
Section 9 – Disciplinary Committees
The Bar Council shall constitute a disciplinary committee as per Section 9 of the Advocates Act, 1961. This
section provides that the one or more disciplinary committee are required to be formed and each of these
disciplinary committee shall consist of three members.
The election of two of the members of the disciplinary committee shall be done by the Council from the
members of the Council itself. The third member shall be co-elected by the Council outside of the members of
the Bar Council but who shall be an advocate and possess qualifications as prescribed in Section 3(2) of the
Advocates Act, 1961.
The section further states that the senior most advocate shall be the chairman of the committee. The term of
members of this committee shall be not more than 3 years.
Section 36
This Section empowers the Bar council of India to refer, in certain circumstances, the case for disposal to its
disciplinary Committee.
Powers of the Disciplinary Committee
Section 42
The section states that the disciplinary committee shall have the same powers as vested in a civil court as per the
Code of Civil Procedure, 1908 which are as follows:
1. Summoning and enforcing the attendance of any person and examining him on oath.
2. Requiring discovery and production of any documents.
3. Receiving evidence on affidavits.
4. Requisitioning any public record or copies thereof from any court or office.
5. Issuing commission for the examination of witness or documents.
6. Any other matter which may be prescribed.
Section 43
It provides that the Disciplinary Committee of Bar Council of India may make such order as to the costs of any
proceedings before it as it may deem fit and any such order shall be executable as if it were an order of the High
Court.

Section 44
It provides that the Disciplinary Committee of BCI made of its own motion or otherwise review any order
within 60 days of the date of that order passed by it dealing with the punishment of advocate for misconduct.
3.3 BAR AND BENCH RELATION
 If the independent Judiciary is considered as the most important pillar of democracy, the Bar is regarded
as the foundation of the independent Judiciary. The Bar is the mother of the Bench and also the bright
mirror of the Judicial Officers whose image, character and conduct is correctly and visibly reflected
therein, and it’s for the Bench to nurse and nourish the merits of the Bar.
 It has been an age old saying that the ‘court and counsel are two wheels of the chariot of justice’.
 Within the justice delivery system, it is the closest harmony between the Bar and also the Bench which
will yield the most effective leads in achieving the objectives enshrined in our Constitutional Document.
 The Bar as well as the Bench are two sides of a coin. Thus, in order to ensure Justice both the partners
have to work together efficiently and effectively.

 Bar – Advocates are registered by the State Bar Council as such after receiving their degree of L.L.B
from a university and receiving a specific amount of training under the supervision of an advocate as
stipulated by the rules. The advocates are collectively referred to as the ‘Bar,’ and an advocate is
designated as the representative of the Bar. For the most part, the term “Bar” refers to an association of
attorneys who are licensed to practice in the courts, or a specific court, of any state.

 Bench – The term “bench” refers to all of the judges taken together, as opposed to the term “Bar,” which
refers to all members of the legal profession. The term “bench” also refers to the key component of the
court deemed in its official capacity while the judges are sitting. The term ‘Bar’ was originally used to
refer to the part of the court that dealt with attorneys. However, the term is now used to refer to the part
of the court that deals with judicial officers, which is known as the Bench.
The Bar and the Bench are considered as the two wheels of a chariot that play a role in administering the law.
Both are subordinate to and interrelated to one another in their respective roles. In law, the term “Bar-Bench
relationship” pertains to the friendly relationship that advocates have with judges. The Bar (advocates) and the
Bench (judges) both play critical roles in the administration of justice. Maintaining cordial relations between the
Bench and the Bar requires respect and understanding on both sides of the bench and bar.
The Supreme Court in P.D. Gupta v. Ram Murti and Others case has laid down its opinion on Bar and Bench
relation in the following words:
“An advocate should be fair not only towards his client but also towards the court as well as towards the
opposite party of the case. The process of administration of justice has to be kept clean and uncorrupted. The
Administration of justice not only concerns the Bench, it concerns both the Bench and the Bar. The principal
ground for recruiting judges is the Bar, both the judges and the advocates complement each other. The main
duty of an Advocate is to present the case in court by informing the court about the law and the facts of the case
and to help the court in arising at the conclusion of the case. For good administration of justice, an advocate
shall possess good advocacy skills, so that he can put forward the case in court properly and not get
interrupted by the judge unless the interruption is necessary.”

3.4 ROLE OF BAR IN STRENGTHENING RELATION

An advocate has to practice the following steps to preserve and strengthen the relation between Bar and Bench:
 A respectful attitude shall be maintained by advocates towards the courts, bringing in mind that for the
survival of the society the dignity of the judicial office is essential.
 Efforts shall be made by advocates in order to prevent his/her client from adopting unfair practices
concerning the court.
 By any illegal or improper means, an advocate shall not try to influence the judgment of the court.
 Dignity and self-respect shall be maintained by an advocate while presenting his/her case in front of the
judge.
 An advocate shall help the court in the trial of the case by presenting clearly the laws which are relevant
to the particular case.
 An advocate shall not present any fact in front of the court which he knows to be false.
 An advocate shall not ask for an adjournment of the case without any sufficient reason.
 An advocate shall always appear in court in a presentable manner and a prescribed dress. In public
places, he should not wear a gown or bands.
 If an advocate knows a judge personally he should not practice before him.
 An advocate shall not interrupt in between when an opposite council or judge is speaking.
 If an advocate has a monetary interest in any case, he shall not plead in such a case.
 An advocate shall not represent any organization or institution if he is a member of the executive
committee of such an organization or institution.
 An advocate shall not apply any personal influence over the decision of the court, nor he should give
any kind of impression that he possesses personal influence with the judge before whom he practices.
3.5 ROLE OF BENCH IN STRENGHTENING THE RELATION
A judge is a public official who hears and decides cases in the court of law, thereby resolving a legal dispute.
Judges wield enormous power, far exceeding that of any other official in the government or military.
Only when the Bar-Bench relations are strengthened, the general public will have confidence and faith in the
Judiciary. In order to strengthen the relations between the Bar and the Bench, the Judges must take the
subsequent steps:
 Judicial Respect: The Judges should give due respect to the Advocates as well as to the brethren Judges.
 Patient Hearing: Judges should hear the Court proceedings with an open mind and without any bias.
They must only act to render Justice to the society. The Judges should sufficient opportunity to the
Advocates to present their case fully.
 Impartiality: Judges should act impartially. They should not act in favor of any Advocate or in favor of
any party to the dispute.
  Avoidance of Interruptions: As far as possible, Judges must avoid interrupting the Advocates while
examining their witnesses or during the arguments. Interference may adversely affect the Advocates and
he might not be able to present the case in an effective manner.
 Avoidance of Unreasonable Adjournments: Adjournments should always be made on reasonable and
sufficient grounds. Unreasonable adjournments are the prime cause for arrears in the cases and further
causing harm to the parties.
 Speedy Disposal: We all know about the saying ‘Justice delayed is Justice denied’. Thus, cases should
be disposed off as soon as possible. When preference is given for disposal of the old cases, it should be
determined that the new cases do not get into arrears.
3.6 INTEGRITY: BAR AND BENCH
 A lawyer, who is a member of Bar Council and hence the judiciary system of India, represents his
clients in the court & has certain responsibilities towards them. He is responsible for providing pure
justice to his clients.
 A lawyer has to perform various functions: As a client’s representative, he represents his client in the
court of law. As an Advocate, he ensures proper delivery of justice. As an evaluator, he ensures that the
clients or individuals are aware of their rights & obligations and also takes steps to provide victims of
crimes with clear procedure for obtaining their remedy through law.
 An Advocate must be hardworking, prestigious, competent & diligent. A lawyer must be able to keep in
confidence info about the client & only disclose the information permissible by the law.
 A lawyer must solve the conflicts among his professional association with proficiency. His conduct must
be adequate in respect of the court, clients as well as with other advocates.
 A judge should be law-abiding, faithful in actions, loyal by heart, fearless in bravery & ambitious for
justice.
 For proper administration of justice there must be mutual understanding & respect among these two
branches I.e., Bench & Bar. Without cordial relations between these organs a peaceful atmosphere
cannot be created
 Lawyers as well as judges have a very important & crucial role in maintaining the well-being of society.
These roles are crucial for society & can only be fulfilled with a complete understanding of the relations
among them.
 Legal profession demands proficiency, fearlessness, non-biasness. Whether one is a member of a Bar or
Bench, one must stand by what is right & what is wrong, in a cordial manner & without fear.
 There must be tolerance & understanding on the part of both sides. And neither the judge nor advocate,
neither of them is bigger than law.
3.7 DUTIES OF AN ADVOCATE TO COURT
1. Act in a dignified manner
Any advocate before the court (while presenting his case) is required to have self-respect and conduct himself
with dignity.
2. An advocate must maintain a respectful attitude while at court and shall respect the dignity of the
judicial office

3. Not to communicate in private

This rule prohibits any private communication with the judge which would be specifically regarding a pending
case. It is considered as a gross form of professional misconduct if at all an advocate tries to influence the
decision of the court by having private communication with the judge.
4. Refuse to act in an illegal manner towards the opposition
An advocate is also required to prevent his client from resorting to unfair practices relating to the court,
opposing counsel or opposite parties or even co-parties. The advocate must earnestly restrain and explain the
implications and the consequences of such unfair practices. This rule also empowers an advocate to refuse to
represent a client if he/she insists on such improper conduct.

5. An advocate shall have his own sense of judgement and mustn’t use strong language in the court
of law
The advocate is expected to have his own sense of judgment regarding the cause or the case he/she is
representing. An advocate must also restrain oneself from the use of scurrilous remarks while in pleadings.
They shall use intemperate language during pleadings in court.
6. Appear in proper dress code
Legal profession is one of the few professions that have a designated uniform. The court demands that an
advocate must necessarily show up inappropriate dress code. Thus, if an advocate is improperly or inadequately
dressed, he is not only looked down upon but also his appearance is a breach of the prescribed dress code.
7. Refuse to appear in front of relations
This rule was laid down in order to avoid conflict of interest and bias in judgment. If there is a family tie
existing between the presiding judicial officer and an advocate, then the advocate shall not appear in such cases
and shall request for the change in bench.
8. Not to wear bands or gowns in public places
The advocate cannot utilise his/her gown or band in other public places unless in any ceremonial occasions that
the Bar Council of India and the court may prescribe.
9. Not to represent establishments of which he is a member
The rule simply provides that an advocate is not allowed to represent, defend or even stand against an
organization, institution, society, corporation etc. if he is a part of the executive committee of such institutions.
However, an advocate can appear as an ‘amicus curiae’ on behalf of a Bar Council.
10. Not appear in matters of pecuniary interest
An advocate shall not act or plead in any matter in which he himself has some pecuniary interest.
11. Not stand as surety for the client
An advocate shall not stand as a surety for his client in any legal proceedings.
3.8 DUTIES OF AN ADVOCATE TOWARDS CLIENT
1. Bound to accept briefs
Rule 11 lays down that an advocate is bound to accept any brief in the court that is if he proposes to take up
without any fee at the Bar council.
 2. Not to withdraw from service
Rule 12 provides that an advocate shall give the client reasonable and sufficient notice before withdrawing from
an engagement. He shall not withdraw without any reasonable grounds. If he withdraws himself with sufficient
cause he is bound to refund the fee.
3. Not to appear in matters where he himself is a witness
Rule 13 provides this rule as it can give rise to a conflict of interest. It must be noted that if an advocate is a
witness of a party and he is asked to represent the other side then only such an advocate shall refrain from
taking up such matters

4. Full and frank disclosure to the client

Rule 14 provides that an advocate is expected to be honest with his client before the commencement of his
engagement. He is obligated to reveal whether he has any connection with the other side of parties and any
interest in their case.
5. Uphold interest of the client
Rule 15 provides that an advocate owes his loyalty to his client and must uphold the interest of his client
fearlessly and honestly by all fair means. He shall not give regard to unpleasant consequences that he may bear.
6. Not to suppress material or evidence
Suppressing material evidence is absolutely disregarded in the court of law. This rule is provided under Rule 16.
It basically provides that if a prosecutor in a criminal trial tries to suppress material evidence that may lead to
the innocence of the accused or taint the justice of the victim if shall be considered a gross breach of
professional conduct and can also invite legal trouble for themselves.
7. Not to disclose the communications between the client and himself
A non-disclosure agreement is always signed between the client and the advocate. Since there exists a fiduciary
relationship between the client and the advocate, breach of confidentiality is taken seriously even at the court of
law.
8. Not charge depending on the success of matters
Rule 20 provides that an advocate shall not charge depending upon the success of the lawsuit. Such a practice is
opposed to public policy.
9. An advocate must not lend money to his client
Rule 32 provides that when an advocate lends money to his client then interest is created. Such a creation of
interest if not allowed as it affects the advocate’s sense of judgment and also disallows the client to think upon
before commencing with engagement.
10. Not appear for opposite parties
Rule 33 provides that an advocate shall not represent the opposite party after withdrawing from the case on
behalf of the previous party.
3.9 DUTIES OF AN ADVOCATE TO OPPONENTS
1. Not to negotiate directly with opposing party
An advocate shall not in any way communicate or negotiate or call for settlement upon the subject matter of
controversy with any party represented by an advocate except through the advocate representing the parties.
2. Carry out legitimate promises made
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.

3.10 DUTIES OF AN ADVOCATE TOWARDS FELLOW ADVOCATES

1. Not advertise or solicit work
An advocate shall not solicit work or advertise in any manner. He shall not promote himself by circulars,
advertisements, touts, personal communications, and interviews other than through personal relations,
furnishing or inspiring newspaper comments or producing his photographs to be published in connection with
cases in which he has been engaged or concerned.
2. Sign-board and Name-plate
An advocate's sign-board or name-plate should be of a reasonable size. The sign-board or name- plate or
stationery should not indicate that he is or has been President or Member of a Bar Council or of any Association
or that he has been associated with any person or organisation or with any particular cause or matter or that he
specialises in any particular type of work or that he has been a Judge or an Advocate General.
3. Consent of fellow advocate to appear
An advocate should not appear in any matter where another advocate has filed a vakalt or memo for the same
party. However, the Advocate can take the consent of the other Advocate for appearing.
3.11 7 LAMPS OF ADVOCACY
Sir Edward abbot Parry in his "Lawyers Legal Ethics", speaks about the professional skills of advocacy through
Seven Lamps of Advocacy.' Justice Rajkishore Prasad, former judge of High Court of Patna calls this
profession of law great calling and speaks about the Seven Lamps of advocacy mentioned: by learned Sir
Edward Abbot Parry. Along with the above Seven Lamps, justice Rajkishore adds another Lamp as "Lamp of
Tact".
Lamp of Honesty (honest and be of integrity and character): An advocate should be straightforward, free from
deceit, stealing, cheating and telling lies. The best advocates of all generation have been the devotees of
honesty.
Lamp of Courage (many faces): Courage is a quality that enables a person to control fear in the face of danger,
misfortune, and an advocate should face the pressure from outside with courage.
Lamp of Industry (read: read; think and think): Advocacy is needed a life of industry. Success in advocacy is
not arrived at by intuition but through industry. Industry is the quality of being hard-working; being always
employed usefully.
Lamp of Wit (to lighten the darkness): an advocate should be clever and humorous in expressing his ideas.
Lamp of Eloquence (eloquence of manner is real eloquence): The success of an advocate depends upon his
eloquence and eloquence means fluent speaking and skilful use of language to persuade or to appeal to the
feelings of others. Fluent speaking impresses the listener.
Lamp of Judgement (intellectual capacity to study the judge): The inspiration which enables a man to translate
good sense into right action is judgement. In judgment one has to estimate, consider and form an opinion about
the issues with good sense and ability.
Lamp of Fellowship (encourage each other): Fellowship means the membership in friendly association or
companionship. Though the advocates are opponent parties before the bench, but they should not act like
enemies with each other.