DEFINITION & SCOPE OF ETHICS UNDER LEGAL PROFESSION

1. Introduction

A paramount stride to being an individual who is capable of being comprehensive as to

take a look upon the matter of ethics in broad-spectrum. Ethics are a moral doctrine that
administers demeanor or the directing of an action. Ethics is a prerequisite of humanoid
existence for the reason that it is the methodology of determining a root of an act. Thus,
we have a standard value by which all our actions are determined. Devoid of, hominids
would action without any reliable direction. An elementary of one’s moral principles
intended for humans is the means of endurance. Other fundamentals take in self-regard
and coherence of interests.1

Further, there are numerous of essentials - individuality, uprightness, scrupulousness,

pride, generosity, rationality and liberty. Professional ethics entail of those necessary
principles on which the profession has been put up. Legitimate principles are one of the
professional ethics which deals with demeanor grounded on the sense of duty that a legal
representative feel bounded to the law court, to the client, to his coworkers in the line of
work, as well as to the society. Those responsibilities are owed to almost each person
exhibits the social order regard for the legitimate profession and the society concern the
profession serves. In lieu of amateur dealing with legal representatives, the utmost
appropriate direct orientation about legal representatives ethics are the “Code of
Professional Responsibility” that delineates the expectations from lawyers, and the “Code
of Judicial Conduct” that expressly applies to those in the Judiciary.2

Professional ethics means a code of rules which regulates the behavior and conduct of a
practicing lawyer towards himself, his client, his opposite party, his counsel and of course
towards the court. Ethics means principles of behavior which are applied to an ordinary
citizen in the society shall be the standards of morals for a lawyer too.

Professional ethics consist of those fundamental values on which the profession has been
built. Legal ethics is one of the professional ethics which lays down certain duties for the

1
https://blog.ipleaders.in/professional-ethics-in-the-legal-profession/
2
Myneni SR, Professional Ethics, Accountancy for Lawyers and Bench – Bar Relation, Asia Law House,
Hyderabad

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observance of its members, which he owes to the society, to the court, to the profession,
to his client and to himself.

The practicing lawyer shall have the social responsibility and dignity of the legal
profession and high standard of integrity and efficient service to his client as well as for
public welfare. Professional ethics demands not to disclose any secrets of his client or
indulge in any unfair practice.3

Thus, Legal ethics refers to the code of conduct regulating and instructing behavior of
persons within the legal profession. This definition covers not only the nature of the
interaction of the lawyer with the client, but is recognized to include the duty owed to the
wider population. The duties and obligations also extend to legal educators who are
charged with the mandate of offering legal education to the public without
discrimination, paralegals and private investigators.

3
Prasad Aniruddh, Principles of Legal profession in India, University Book House, Rajasthan

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2. Definition of Ethics

The word “ethics” is derived from the Greek word ethos (character), and from the Latin
word ‘mores’ (customs). Derived from the Greek word “ethos”, which means “way of
living”, ethics is a branch of philosophy that is concerned with human conduct. It consists
in a code of conduct of human beings living in a society. Ethics examines the rational
justification for our moral judgments; it studies what is morally right or wrong, just or
unjust. 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 to themselves and to one another. It aims
at individual good as well as social good, the good of mankind as a whole.

Ethics is am attempt to guide human conduct and it is also an attempt to help man in
leading good life by applying moral principles. Ethics refers to well based standards of
right and wrong that prescribe what humans ought to do, usually in terms of rights,
obligations, benefits to society, fairness, or specific virtues. Ethics is related to issues of
propriety, rightness and wrongness. What is right is ethical and what is wrong is
unethical. The words ‘proper’,’ fare’ and ‘just’ are also used in place of right ‘and
‘ethical’. If it is ethical, it is right, proper, fair and just. Ethics is a matter of practical
concern. It tries to determine the good and right thing to do; choices regarding right and
wrong, good and evil; questions of obligation and value. Ethics is to consider the practice
of doing right actions or what we may call the art of living the good life.4

It is also defined as the science of the highest good. Mackenzie defines ethics as “the
study of what is right or good in human conduct” or the “science of the ideal involved in
human life”. So, it is clear that ethics is the study which determines rightness or
wrongness of actions.

Applied ethics is the practice of ethics that aims to guide the moral judgment governing
the decisions we make in all areas of our lives .Issues of right and wrong are related to
one’s values. In the context of ethics, values are our standards of right and wrong.

4
Sirohi JPS, Professional Ethics, Allahabad Law Agency

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3. Nature of Ethics under Legal Profession

Ethics aims at systematic knowledge. So, ethics is a science. Every science is concerned
with a particular sphere of nature. As a science ethics has its own particular sphere; it
deals with certain judgments that we make about human conduct. It deals with systematic
explanation of rightness or wrongness in the light of the highest Good of man.

Ethics is a normative science. It is concerned with what ought to be done rather than what
is the case. It differs from positive science. A positive science, natural science or
descriptive science is concerned with what is. It deals with facts and explains them by
their causes. In positive science there is no question of judging its objects in any way. But
ethics does not deal with fact. Rather it deals with value. Therefore, it is clear that ethics
is concerned with judgments of value, while positive science deals with judgments of
facts. That is why ethics is not a positive science but a normative science. Normative
ethics deals with standards or norms by which we can judge human actions to be right or
wrong. For example, logic, aesthetics are also considered as normative sciences, because
logic and aesthetics are concerned with truth and beauty. So, truth, beauty and value are
the three ideals of logic, aesthetics and ethics respectively.5

Ethics is not a practical science. Practical science deals with means for the realization of
an end or ideal. It teaches us to know how to do. As for instance, medical science is a
practical science. It concerns with the means in order to remove the causes of ailments or
diseases. But ethics is not concerned with means in order to achieve moral ideal that is
rightness or goodness. It does not teach us how to live a moral life. So, ethics can not be
regarded as a practical science.6

Ethics is not an art. Ethics does not teach us an art as to how to lead a moral life. Rather it
helps us to justify rightness or goodness which can lead to the supreme goal of human life
that is to realize the summum bonum of human life. So, ethics is not a means to the
highest ideal of human life. But, like the practical science, art is also a means for
obtaining a goal. So, ethics is neither a practical science nor an art. Again the question is,

5
http://m.kkhsou.in/EBIDYA/PHILO/MODIFY_nature_ethics.html
6
Rai Kailash, Legal Ethics, CLP, Allahabad

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is there any art of conduct? The reply is, in case of morality this is not true. Art especially
deals with acquisition of skill to produce objects, while morality deals with motive,
intention, purpose and choice which are considered right or wrong in the light of
goodness. Therefore, morality consists of goodness, which is really an intrinsic end.

A norm or ideal in the ethical sense is defined as any regulatory principle that controls or
lays guidelines to thought and mode of acting. Ethics is a science of values as it discovers
the forms of conduct or behaviour, which have the character of oughtness. Ethics deals
with moral phenomena and it observes and classifies them and explains them by the
moral ideal. It distinguishes moral judgments from logical judgments and aesthetic
judgments and reduced them to a system. So, we may define the nature of ethics as
scientific. However, from another perspective all sciences also lead to philosophical
questions if we take philosophy to be quest for knowledge. That is way ethics is a branch
of philosophy.

There is no clear-cut boundary between science and philosophy, between descriptive

science and normative science and between ethics and philosophy. A norm is more than a
description. While philosophies have become more scientific and sciences have become
more philosophical, the distinction between science and philosophy and between value-
science like ethics and general‘ philosophy is a matter of degree. That way ethics is both
scientific and philosophical, both descriptive and normative science and both pure and
applied, pure ethics and meta ethics. Ethics is an art as it sets guidelines for practical
conduct and also for understanding the meaning of what it is to act in an ethical manner.
Ethics is concerned with Goodness as an ultimate value while some other normative
sciences like Aesthetics and Logic are oriented to the ideals of Beauty and Truth
respectively.

A distinction must be made between ethics and morals or morality. Whereas ethics is the
branch of philosophy concerned with moral values, the ethics or morals of an individual
or a group are the values according to which they act. Every people, even the most
uncivilized and uncultured, has its own morality or sum of prescriptions which govern its
moral conduct. Nature had so provided that each man establishes for himself a code of
moral concepts and principles, which are applicable to the details of practical life,

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without the necessity of awaiting the conclusions of science. Ethics is the scientific or
philosophical treatment of morality. The subject-matter of ethics proper is the deliberate,
free actions of man; for these alone are in our power, and concerning these alone can
rules be prescribed, not concerning those actions which are performed without
deliberation, or through ignorance or coercion.7

7
https://www.cleverism.com/lexicon/legal-ethics-definition/

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4. Scope of Ethics under Legal Profession

The scope of ethics indicates its subject matter. Ethics as normative science deals with
moral ideal or the good in order to enquire the nature of our conduct. It enquires into the
nature of the springs of actions, motives, intentions, voluntary actions and so on. It
determines rightness or wrongness of human actions. It does not enquire into the origin
and growth of human conduct. As a science of morality ethics discusses the contents of
moral consciousness and the various problems of moral consciousness. Ethics is
concerned with the highest good or absolute good. It investigates the nature of its
fundamental notions i.e. right, duty and good.

Moral judgments passed on our voluntary actions are also included within the scope of
ethics. In discussing the moral judgment it has also to concern with the nature, object,
faculty and standard of moral judgment. Moral sentiments and feelings are arising in our
mind when we contemplate about the moral judgment and therefore, ethics has to discuss
the nature of moral sentiments to moral judgment.

The scope of ethics includes whatever has reference to free human acts, whether as
principle or cause of action (law, conscience, virtue), or as effect or circumstance of
action (merit, punishment, etc.) Ethics discusses the nature of human freedom. Ethics
investigates what constitutes good or bad, just or unjust. It also inquires into-what is
virtue, law, conscience and duty? What obligations are common to all? What is the good
in all good acts? These questions lie within the scope of ethics. The sense of duty,
oughtness or moral obligation and the responsibility for actions are also included within
the range of ethics.

The particular aspect under which ethics considers free acts is that of their moral
goodness or the rectitude of order involved in them as human acts. A man may be a good
artist or orator and at the same time a morally bad man, or, conversely, a morally good
man may be a poor artist or technician. Ethics has merely to do with the order which
relates to man as man and which makes of him a good man. Thus we find that although
Ethics is not a guidebook of moral rules as a branch of philosophy Ethics seeks
clarification of terms used in moral language. The ‘meta-ethical” problems fall within the

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scope of philosophical aspect of Ethics. There are other ‘meta ethical discussions related
to the nature of moral judgments, the logical basis of ethical evaluation etc.

The applied dimension of Ethics is known as “Applied Ethics’ that falls within the broad
field of Ethics. These comprise the areas of situational Ethics while Meta Ethics deals
with logical and semantic questions like ‘What do we mean by “freedom” and
“determinism” etc. Ethics is essentially related to all other branches of knowledge like
sociology, political science, jurisprudence, law and legal study, psychology,
anthropology, culture study, ecology and environmental study, economics, religion,
aesthetics and other similar areas. Ethics is concerned with political, sociological,
cultural, psychical, economic, environmental, religious problems in pursuit of highest
good. So these problems have an additional place in the scope of ethics. With the
emergence of new technology there is scope for widening the scope of ethics to address
new issues.

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5. Sources & Importance of Ethics under Legal Profession

Sources of Legal Ethics

Adherence to ethics in the practice of law is overseen by bar associations and court
rulings in the United States, with the latter holding greater weight and is used to enforce
the code. Lawyers can be disciplined for any breach of ethical rules.

In England and Wales, there is the Lord Chancellor’s Advisory Committee on Legal
Education and Conduct, which has been mandated with the duty to oversee the proposal
for changes to the rule of conduct.8

Besides the role of oversight, these bodies also provide the necessary guidelines and are
the main sources of legal ethics.

Importance of Legal Ethics

Ethics in any profession are crucial, and it is perhaps more pressing in the legal
profession where lawyers especially are viewed with suspicion. Thus an enforced code of
conduct is vital in ensuring the credibility of the practitioners and legal system as a
whole.

Often lawyers and other legal practitioners are faced with conflicting interests from the
clients they represent, society at large and personal interests. Legal ethics are therefore
important in helping the lawyer to navigate the delicate balance of these interests and
work to promote the greatest good.

Ethics also serve to safeguard the interests of the client being represented and ensure they
receive service without discrimination.

8
https://www.cleverism.com/lexicon/legal-ethics-definition/

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6. Common Breaches of Ethics under Legal Profession

Since codes of ethics are determined by various bodies and associations formed for that
purpose, the codes are varied from place to place, as are the disciplinary measures were
taken. However, there are some common malpractices that apply across the board. These
include:

Neglect and lack of communication: Lawyers must keep their clients informed on
matters about their cases and should not ignore or intentionally delay in responding to
any queries and concerns raised by the clients.

Misappropriation of client’s funds: The lawyer should keep the client’s money
separately from his own to avoid mismanagement.

Conflict of interest: A lawyer should not have divided loyalties when representing the
client nor have vested interest in the opposition.

Malpractice: This may include forging of documents or fabrication of evidence.

Solicitation: Lawyers should not use false or misleading information to attract more
clients.

It is worth noting that Judges are held to the same code of conduct used on lawyers.
However, judges also have specific rules they are bound to in the execution of their duties
in their office.9

9
https://www.cleverism.com/lexicon/legal-ethics-definition/

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7. Code of Professional Responsibility

The Code of Professional Responsibility consists of three separate but interrelated parts:
Canons, Ethical Considerations, and Disciplinary Rules. The Code is designed to be both
an inspirational guide to the members of the profession and a basis for disciplinary action
when the conduct of a lawyer falls below the required minimum standards stated in the
Disciplinary Rules.10

Certain amendments in Advocates Act 1961 have been constructed in the light of
professional ethics in the legal profession. It comes up with various conclusions like

(i) Misconduct means “all-inclusive besides drafted in the utmost potential

provocative manner.”
(ii) The license of Practice of Lawyers in India can be annulled or suspended on a
complaint about his behavior or conduct made by a Justice or a Judicial
Officer.
(iii) Advocates shall not be able to claim the security of non-receipt of fees while
defending themselves against any proceedings initiated against them.
(iv) The Bill put forward imposition of a fine of Rs. 3 lakh and cost of proceedings
in a complaint filed by a litigant against legal representatives. It addition
provides for payment of compensation up to Rs. 5 lakh to a person aggrieved
by a lawyer’s transgression. It also recommends imposing a fine of Rs. 2 lakh
on a lawyer, if he does not cooperate in the disciplinary proceedings.

The Code of Professional Responsibility points the way to the aspiring and provides
standards by which to judge the transgressor. Each lawyer's own conscience must provide
the touchstone against which to test the extent to which the lawyer's actions should rise
above minimum standards. But in the last analysis it is the desire for the respect and
confidence of the members of the profession and of the society which the lawyer serves,
that should provide to a lawyer the incentive for the highest possible degree of ethical
conduct. The possible loss of that respect and confidence is the ultimate sanction. So long

10
Deb Ashok Kumar, Indian Bar View, The Bar Council of India Trust, Vol.31

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as its practitioners are guided by these principles, the law will continue to be a noble
profession. This is its greatness and its strength, which permit of no compromise.

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8. Code of conduct for Judges

An independent and honorable judiciary is indispensable to justice in our society. A judge

should maintain and enforce high standards of conduct and should personally observe
those standards, so that the integrity and independence of the judiciary may be preserved.
The provisions of this Code should be construed and applied to further that objective.11

 A judge should respect and comply with the law and should act at all times in a
manner that promotes public confidence in the integrity and impartiality of the
judiciary.
 A judge should not allow family, social, political, financial, or other relationships
to influence judicial conduct or judgment.
 A judge should not hold membership in any organization that practices invidious
discrimination on the basis of race, sex, religion, or national origin.
 A Judge should perform the duties of the office fairly, impartially and diligently
and can engaged in extrajudicial activities that are within obligations of judicial
office.
 A judge should be faithful to, and maintain professional competence in, the law
and should not be swayed by partisan interests, public calmer, or fear of criticism.
 A judge should not act as a leader or hold any office in a political organization;
Should not make speeches for a political organization or candidate, or publicly
endorse or oppose a candidate for public office; solicit funds for, pay an
assessment to, or make a contribution to a political organization or candidate, or
attend or purchase a ticket for a dinner or other event sponsored by a political
organization or candidate.
 A judge should resign the judicial office if the judge becomes a candidate in a
primary or general election for any office.

11
Hugh E Wills, Legal Ethics, International Journal of Ethics, Vol. 43, pg. 269-278

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9. Conclusion

The legal profession is a profession of great honor. It has been created not for private
gain but for public good. It is not a money-making occupation but a branch of
administration of justice. Since it is not a business, a lawyer cannot solicit work or
advertise either directly or indirectly. An advocate is an officer of the Court and required
to maintain towards the Court a respectful attitude bearing in mind that the dignity of the
judicial office is essential for the survival of the society. Th e Supreme Court has rightly
observed that the legal profession is a partner with the judiciary in the administration of
justice.

The legal profession is not a business but a profession. It has been created by the state for
the public good.

The behavior of an individual with others is considered as values that are generally
cultured as an element of ethics. Subsequently, these ethics transform into regard for and
acquiescence to the law and the legal authorities.

When a student enters law institute; educationalists are confronted with law students with
their peculiar moderately matured beliefs, some of them by now completely implanted.
This is an actuality that law schools should agree to take as a starting socket in training
Legal Ethics.

Afterward law school and the Bar, the turns of the profession and the administrative
authorities twitch. The legitimate profession, through the Bar and the law corporations,
must aid and monitor its lawyer-members emancipate their ethical bonuses, while the
administrative authority – the Supreme Court – must be authoritarian though unbiased
and evenhanded.

It is imperative for one and all to have ethical modules in every single profession for the
reason that at the sundown it guides the moral awareness of that individual person in
anything he does.

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http://m.kkhsou.in/EBIDYA/PHILO/MODIFY_nature_ethics.html

http://www.pathlegal.in/Importance-of-professional-ethics-in-the-legal-

profession-blog-1020204

https://www.cleverism.com/lexicon/legal-ethics-definition/

https://blog.ipleaders.in/professional-ethics-in-the-legal-profession/

https://www.coursehero.com/file/21891651/Professional-Ethics-1/

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