PROFESSIONAL ETHICS

Course Code: LAW 2904 Credit Units: 05

Course Objective:
The Course has been designed to acquaint the students of Law about the Professional Ethics
and Professional etiquettes that are essentially significant for an advocate to observe while at
the Bar. Accountability and transparency are imperative to the profession. Besides, the
conducive and cordial Bar- Bench relations can send a good message concerning the richness
of the Legal profession. With this background cue, the course aims at developing insights of
the students about the professional parameters.

Course Contents:

Module I: Historical Introduction

Historical introduction to legal profession in India – Barristers, Vakils, High Court Pleaders,
Advocates, etc. The All India Bar Committee, 1951 and the passing of Indian Advocates
Act, 1961; The Advocates Act 1961: Definitions Section 2, Constitution and function of
State Bar Councils, Bar Council of India, Terms of Office, various sub-committees including
Disciplinary Committee and the qualification for their membership. Power to make rules
(Sections 3 to 15).

Module II: The Advocate’s Act, 1961

The Advocate Act, 1961, Admission and enrolment of Advocate – Senior and other
Advocates, Common role of Advocates, Qualifications and Disqualifications for enrolment
and procedure thereof, (Sections 16 to 28), Rights to Practice: Monopoly of representation,
Exclusion of advocates from certain cases, self representation by litigants. (Ss. 29 to 34.)
Professional and other misconduct, Principles for determining misconduct, Disciplinary
Committees of State Bar Council and the Bar Council of India, Punishment of advocates for
misconduct, Appeals to Supreme Court (Ss. 35 to 44.)

Module III: Legal Profession

Nature of Legal Profession, Need for an Ethical Code of Rights: privileges and duties of
Advocates, Preparation of a case and fees of an Advocate, ‘Under-cutting’ in Legal
profession, Bar against soliciting work and advertisement, Bar against touting, refusal of
briefs, accountability to the client, confidentiality communication between Advocates to
compromise, Study of Code of Ethics prepared by the Bar Council of India.

Module IV: Contempt of Courts Act, 1971

Contempt – Meaning, Civil and criminal contempt, punishment for contempt, Procedures in
contempt cases. High Court rules and the Supreme Court rules to regulate contempt
proceedings, Contempt of Courts Act, 1971
Examination Scheme:

Components P/S/V CT C A EE
Weightage (%) 10 10 5 5 70

Text & References:

• Sanjeev Rao, Indian Advocates Act, 1971.

• M.P. Jain, Indian Legal History (Chap. On Legal Profession).
• Krishnaswami Aiyer, Professional Conduct and Advocacy.
• The Contempt of Courts Act, 1971.
• Journal of Bar Council of India.