Ethics is a fundamental prerequisite in any profession.

On a general note
Ethics basically denotes human behaviour and their standard of moralities
Ethics and the legal profession are closely related. The practice of law is a
noble profession. Therefore, conforming one’s conduct and behaviours to a
certain set of professional norms is an important aspect of this profession.
Legal ethics can be simply defined as a code of conduct which may be written
or unwritten. Such a code of conduct is meant to regulate the behaviour of a
practising legal professional towards the court, the presiding judge, his client
and his adversaries in the courtrooms.

The primary object of ethics in advocacy is to maintain the dignity and

integrity of the legal profession. Legal ethics ensure that the legal fraternity
serves the society honestly and present each case in the most formal way
possible so that the litigants have faith on not only their legal representative
or lawyer but also on the justice system. Not only the lawyer but also the
judge needs to have a sense and understanding of legal ethics in order to
maintain the functionality of Indian Courts.

The legal profession has been created by the state to serve the litigatory
needs of the public. Thus, it is not a business it’s a profession. Consequently,
there is 3 fundamental basis of legal ethics that gives an insight into the
essence of the legal profession:

1. The organisation of its members in order for the performance of their

function;

2. Maintain certain standards at both the intellectual and ethical level to

preserve the dignity of the profession;

3. Pecuniary gains must be subordinate to the client’s interest.

The Government of India established The Bar council of India which is a

statutory body under the Advocate Act, 1961.

The Advocates Act, 1961 is a comprehensive legislation that

regulates the legal profession in India. It defines the term
“advocate” and lays down the qualifications, rights, and duties of an
advocate.

Section 49(1)(c) of the Advocates Act, 1961 empowers the Bar Council of
India to make rules so as to prescribe the standards of professional
conduct and etiquette to be observed by the advocates. Accordingly, the
Bar Council included the rules regarding the standard of professional
conduct and etiquette to be observed by advocates, in Chapter II of the
Part VI of the Bar Council of India Rules. These rules contain the duties of
an advocate to the court, client, opponent and colleagues.

Duty to the Court: • The Bar Council of India has made certain rules so
as to prescribe duties of an advocate to the court in Section I of Chapter II
of Part IV of rules of Bar Council of India.

• An advocate shall conduct himself with dignity and self respect at the
time of presentation of his case and while otherwise acting before a court.

• An advocate shall maintain towards the courts a respectful attitude,

bearing in mind that the dignity of the judicial officer is essential for the
survival of free community.

• An advocate shall not influence the decision of the court by any illegal or
improper means, private communications with a judge relating to a
pending case are forbidden.

• An advocate shall use his best efforts to restrain and prevent his client
from resorting to sharp or unfair practices or from doing anything in
relation to the court, opposing council or parties which the advocate
himself ought not to do.

• An advocate shall appear in court at all times only in the prescribed

dress (uniform) and his appearance shall always be presentable.

• An advocate shall not enter appearance, act, plead or practice in any

way before a court, tribunal or authority mentioned in Section 30 of
Advocates Act 1961, if the sole or any member thereof is related to the
Advocate (as father, grand father, etc). For the purposes of this rule, court
shall ban a court, bench, tribunal in which above mentioned relation of an
advocate is a Judge, member or presiding officer.

• An advocate shall not wear bands or gown in public places other than in
courts except on such ceremonial occasions and at such places as the Bar
council of India or the court may prescribe.

• An advocate shall not appear in or before any court or tribunal or any

other authority for or against an organization or an institution or society or
corporation, if he is a member of the executive committee of such
organization or institution or society or corporation.

• An advocate should not act or plead in any matter in which he is himself

pecuniarily interested.

• An advocate shall not stand as a surety or certify the soundness of the

surety for his client required for the purpose of any Legal proceedings.
 Duty to Clients: • An advocate is duty bound to accept any brief in the
courts or tribunals or before any authority in or before which he professes
to practice at a fee consistent with his standing at the Bar and the nature
of the case (special circumstances may justify his refusal to accept a
particular brief).

• An advocate shall not ordinarily withdraw from any engagements once

accepted, without sufficient cause or unless reasonable and sufficient
notice is given to the client. • An advocate shall not accept a brief or
appear in a case in which he has reason to believe that he will be a
witness and if being engaged in a case, it become apparent that he is a
witness on material question of fact, he should not continue to appear as
an advocate, if he can retire without jeopardizing his client's interest's.

• An advocate at the commencement of his engagement and during the

continuance thereof should make all, full and frank disclosures to his client
relating to his connection with the parties.

• An advocate shall fearlessly uphold the interest of his client by all fair
and honourable means without regard to any unpleasant consequences to
himself or to any other.

• An advocate appearing for a prosecution in a criminal trial shall so

conduct the prosecution that it does not lead to conviction of the innocent.
The suppression of material capable of establishing the innocence of the
accused shall be scrupulously avoided.

• An advocate shall not directly or indirectly, commit a breach of

obligations imposed by Section 126 of The Indian Evidence Act.

• An advocate shall not at any time be a party to fomenting of litigation.

• An advocate shall not act on the instructions of any person other than
his client or his authorized agent.

• An advocate shall not stipulate for a fee contingent on the results of

litigation or agreed to share the proceeds thereof.

• An advocate shall not buy or traffic in or stipulate for or agree to

receive any share or interest in any actionable claim.

• An advocate shall not directly or indirectly, bid for or purchase either in

his own name or in any other name, for his own benefit or for the benefit
of any other person, any property sold in the execution of a decree or
order in any suit, appeal or other proceedings in which he was in any way
professionally engaged.
Duty to Opponent: • An advocate shall not in any way communicate or
negotiate the subject matter of controversy with any party represented by
an advocate except through that advocate.

• 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 court.

Duty to Colleagues (other advocates): • An advocate shall not solicit

work or advertise either directly or indirectly, whether by circulars,
advertisement, touts, personnel communications, interviews etc.

• An advocate shall not permit his professional services or his name to be

used in aid of, or to make possible, to the unauthorized practice of Law by
any agency.

• An advocate shall not accept a fee less than the fee taxable under the
rules, when the client is able to pay the same.

• An advocate will not enter appearance in any case in which there is

already a vakalatnama or memo of appearance filed by an advocate
engaged for a party, except with his consent; incase such consent is not
produced he shall apply to the court stating reasons why the said consent
could not be produced and he shall appear on after obtaining the same.

It is very difficult to define the concept of ‘contempt of court’. What

would offend the dignity of the court and lower the court’s prestige is a
matter for the court to determine and it cannot be confined within the four
walls of a definition. The Contempt of Court Act, 1971 defined contempt of
court for the first time. There is no statutory definition of contempt of
court. Whatever definition is provided under this act is not a definition but
only classification of the term contempt of court. Contempt of court in
general means, “To offend the dignity of the court and lower the prestige
of the court”.

Contempt of court often referred to simply as “contempt”, is the offence

of being disobedient to or disrespectful toward a court of law and its
officers in the form of behaviour that opposes or defies the authority,
justice and dignity of the court.

There are broadly two categories of contempt:

1. Being disrespectful to legal authorities in the courtroom.

2. Willfully failing to obey a court order.

When a court decides that an action constitutes contempt of court, it can

issue an order that in the context of a court trial or hearing declares a
person or organization to have disobeyed or been disrespectful of the
court’s authority, called “found” or “held” in contempt. That is the judge’s
strongest power to impose sanctions for acts that disrupt the court’s
normal process.

Contempt proceedings are especially used to enforce equitable remedies,

such as injunctions. In some jurisdictions, the refusal to respond to a
subpoena, to testify, to fulfil the obligations of a juror, or to provide certain
information can constitute contempt of the court.

According to Section 2(a) of the Contempt of Court Act, 1971, contempt of

court means civil contempt or criminal contempt. Section 2(b) of the Act,
defines “Civil Contempt” as willful disobedience to any judgment, decree,
direction, order, writ or other process of a court or willful breach of an
undertaking given to a court. in Vidya Sagar v. Third Aditional District
Judge, Dehradun, 1991 Cr LJ 2286 it was held that Civil Contempt,
actually, serves dual purpose: (i) Vindication of the public interest by
punishment of contemptuous conduct; and (ii) Coercion to compel the
contemner to do what the Court requires of him.

Section 2(c) of the Act, defines “Criminal Contempt” as the publication

(whether by words spoken or written or by signs or by visible
representations or otherwise) of any matter or the doing of any act
whatsoever which – (i) Scandalizes or tends to scandalize or lower or
tends to lower, the authority of any court, or (ii) Prejudices or interferes or
tends to interfere with, the due course of any judicial proceeding; or (iii)
Interferes or tends to interfere with or obstructs or tends to obstruct, the
administration of justice in any other manner.

The above definition contained in the Contempt of Court Act, 1971, is not
exhaustive. It merely indicates that the contempt may be civil contempt
or criminal contempt.

There are several instances of the misconduct such as using insulting

language against the judge, suppressing the facts to obtain favorable
order, imputation of partiality and unfairness against the judge. A council
who advices his client to disobey the order of court is also held liable for
contempt of court. Attacking the judiciary in the bar council election is
taken as contempt of court. If the council refuses to answer the question
of the court is also liable for contempt of court. In Re Ajay Kumar Pandey
case the Supreme Court held that advocate using intemperate language
against various judicial officers and attributing motives to them while
discharging there judicial function would be held guilty of contempt of
court. In this case such advocate was sentenced or punished to 4 months
simple imprisonment and fine of rupees 1000/-
Both the High Court and the Supreme Court of India are bestowed with the
power to punish for contempt of the court.

According to the Contempt of Court Act, 1971, contempt of court can be

punished with simple imprisonment for a term which may extend to six
years , or with a fine which may extend to two thousand rupees, or with
both.

A lawyer’s profession is meant to be a divine or sacred profession by all

means. In every profession, there are certain professional ethics that need
to be followed by every person who is into such a profession. But there is
the fact that professional misconduct is a common aspect, not only in
other professions but also in advocacy also. In simple terms, it means
certain acts done by the persons which seem to be unfit for the profession
as well as which are against certain ethics in this field. The term has been
clearly defined in Black’s Dictionary as, the transgression of some
established and definite rule of action, a forbidden act, a dereliction of
duty, unlawful behaviour, improper or wrong behaviour. Its synonyms are
a misdemeanour, impropriety, mismanagement, offense, but not
negligence or carelessness. From the definition, it is now clear that the act
of professional misconduct is done purely with an intention of getting
unlawful gains. The Advocates Act, 1961 and the Indian Bar Council play a
vital role in providing rules and guidelines regarding the working, code of
conduct and such other matters concerning lawyers and advocates in
India.

Misconduct means any acts which are unlawful in nature even though
they are not inherently wrongful. Before the Advocates Act, 1961, we had
the Legal Practitioners Act, 1879. There is no definition given for the term
‘misconduct’ in the Act, but the term ‘unprofessional conduct’ is being
used in the Act. Some of the instances of professional misconduct are as
follows:

 Dereliction of duty

 Professional negligence

 Misappropriation

 Changing sides
  Contempt of court and improper behaviour before a Magistrate

 Furnishing false information

 Giving improper advice

 Misleading the clients in court

 Not speaking the truth

 Disowning allegiance to the court

 Moving application without informing that a similar application has

been rejected by another authority

 Suggesting to bribe the court officials

 Forcing the prosecution witness not to say the truth.[2]

Advocates Act, 1961

The provisions of Section 35 of the Advocates Act deal with professional

misconduct of lawyers and advocates in India, which read as:

A person is found guilty of professional misconduct; it shall refer the case

to a disciplinary committee, shall fix a date of hearing and issue a show
cause notice to the Advocate and the Advocate General of the State. The
disciplinary committee of the State Bar Council, after being heard of both
the parties, may:

1. Dismiss the complaint, or where the proceedings were initiated at

the instance of the State Bar Council, directs that proceedings be
filed;

2. Reprimand the advocate;

3. Suspend the advocate from practice for such a period as it deems

fit;

4. Remove the name of an advocate from the state roll of advocates.

Misconduct is of infinite variety; this expression must be understood in a

broad meaning, such that it extends the meaning under natural law, and
there is no justification for restricting their natural meaning. Section 49 of
the Advocate Act empowers the Bar Council of India to frame rules and
standards of professional misconduct. Under the Act, no person has a
right to make advertisement or soliciting; it is against advocate’s code of
ethics. He is also not entitled to any advertisement through circulars,
personal communications or interviews, he is not entitled to demand fees
for training and to use name/service for unauthorized purposes.

According to former Chief Justice of India S H Kapadia, to succeed as a

lawyer, one must work like a horse and live like a hermit. A great legal
practitioner is said to be a Jack of all trades, a master of none.

These qualities, along with legal ethics rooted in the Seven Lamps of
Advocacy book authored by Justice Abbott Parry, including honesty,
courage, wit, proficiency, competency, bravery, articulacy and rationality,
are essential skills for every legal professional.

Honesty

Lawyers are often labelled as liars, but honesty is a crucial quality for a
legal professional. They have a fiduciary duty to act in their client’s best
interests and this honesty should reflect in every aspect of their work.

Honesty and straightforwardness entail not relying on deceit, dishonesty,

cheating or any other unethical or criminal behaviour. Professional
misconduct can harm their growth, so lawyers should be pioneers of
justice, providing proper legal guidance to their clients.

Courage

The nexus between courage and honesty is irrefutable. Refined legal

knowledge, skills and truthfulness enhance the ability to remain fearless
under pressure and pain. Courage is a defined quality of great lawyers
attributable to eloquent speech, persuasive writing and critical thinking.
They combine extraordinary work ethics with compassion and this quality
is necessary to be an expert in the field. Lawyers should not back down
from dissenting actions out of fear or danger and should uphold their
clients in front of the bench.

Wit
Wit denotes the capacity to think clearly and express thoughts concisely
and cleverly. Wit is one of the seven lamps of advocacy. It is the keen
perception of connections between ideas that awaken amusement and
pleasure. Wit lightens the darkness of advocacy and it is an essential
quality for advocates to possess.

Quick-wittedness is crucial in court as a planned and prepared speech will

not help an advocate. It is pertinent to note that law is often compared to
a spider web because it entangles and holds the poor and weak, while the
rich and powerful break through them easily. An advocate must possess
sufficient wit to bridge this gap.

Industry

Industry recommends that advocates excel at all the required skill sets to
sustain or succeed in the field of law. Law is not static but dynamic,
evolving with the needs of society and adapting to the changing status
quo.

Pursuant to this, an advocate should update themselves in compliance

with the adage “There is no alternative to hard work.” Law is like a
language that develops with the life of people and as such, it grows and
strengthens with the people. Thus, if the law gets amended in compliance
with societal needs, lawyers should also be acquainted with the latest law.

Eloquence

Eloquence is the art of speaking and plays a pivotal role in assessing the
abilities of an advocate and determining their career success rate. An
eloquent speech holds a long-lasting effect on the bench, clients and
listeners. Eloquence is one of the seven lamps of advocacy.

Eloquence is not about delivering grandiloquent speeches that sound

better than reality, but rather error-free fluent communication that has a
persuasive effect. Fluency of speech can be developed through acquired
knowledge and constant practice. To bring off this skill, one must notice
other parties’ faults, have a presence of mind and be efficient in
argumentation with justification.

Legal Judgement
The most important quality that an advocate should possess is a legal
judgement. This skill involves the ability to analyse and evaluate the
strengths and weaknesses of a case, anticipate potential
counterarguments and identify the turning points of the case.

The legal judgement also entails the responsibility of informing clients of

the true legal status of their case and making the best decisions based on
all possible contingencies.

Professional Fellowship

While advocates may represent opposing sides in a legal dispute, they

should not allow their professional differences to hinder their ability to
maintain a cordial and respectful relationship.

As a result, bar associations require advocates to obtain membership to

encourage professional fellowship and facilitate positive relationships
among legal professionals.

Hence, professional fellowship is also one of the seven lamps of advocacy.

Conclusion

The Seven Lamps of Advocacy is a set of essential qualities that every

legal person needs to be a master of. These seven lamps are honesty,
courage, wit, industry, eloquence, legal judgement and fellowship.