PROFESSIONAL ETHICS
1. Introduction
Professional ethics serve as the foundation of any profession, ensuring that individuals adhere
to moral principles, integrity, and justice in their conduct. The legal profession, in particular,
demands a high standard of ethical behavior, as lawyers play a crucial role in upholding the
rule of law and ensuring justice
2. Meaning of Professional Ethics
Professional ethics refers to the set of moral principles, standards, and codes of conduct that
govern individuals engaged in a specific profession.
It defines the expected behavior, responsibilities, and integrity required in professional practice
to ensure fairness, accountability, and trust within the profession and society at large.
In legal terms, professional ethics means adhering to honesty, integrity, confidentiality, and
responsibility in practice. It ensures that professionals act in a manner that upholds the dignity,
respect, and trust of their profession while serving the interests of clients, society, and justice.
Components of Professional Ethics-
2.1 Integrity and Honesty – Professionals must act with truthfulness and transparency in
all dealings.
2.2 Accountability – They must take responsibility for their actions and ensure they
comply with ethical standards.
2.3 Confidentiality – Certain professions, like law and medicine, require maintaining
secrecy regarding client or patient information.
2.4 Competence and Diligence – Professionals must continually update their knowledge
and skills to serve clients efficiently.
2.5 Fairness and Justice – Decisions and actions should be based on ethical principles,
avoiding bias or discrimination.
2.6 Respect for Laws and Regulations – Professionals must abide by legal and
institutional rules governing their field.
2.7 Loyalty and Trust – A professional’s conduct should instill confidence among clients,
colleagues, and the public.
3. Difference Between Ethics and Professional Ethics :_
Ethics Professional Ethics
Ethics refers to a set of moral Professional ethics refers to the moral
principles that guide an principles and standards that regulate
individual's behavior and behavior within a specific profession,
decision-making based on what is ensuring integrity, accountability, and
considered right and wrong. adherence to professional norms.
Ethics apply broadly to all aspects Professional ethics are confined to the
of life, including personal, social, conduct expected within a particular
and professional spheres. profession or field.
Ethics are derived from cultural, Professional ethics originate from formal
religious, philosophical, and professional codes, guidelines, and industry
societal values. standards.
Examples of professional ethics include
Examples of ethics include
maintaining confidentiality (as in the case
honesty, kindness, fairness, and
of lawyers and doctors), avoiding conflicts
respect for others.
of interest, upholding a duty of care, and
maintaining professional integrity.
Ethics are not formally regulated Professional ethics are often regulated by
and rely on personal beliefs and professional bodies such as the Bar Council
societal norms. for lawyers or the Medical Council for
doctors.
Violating ethical principles may Violating professional ethics can result in
lead to personal guilt, social disciplinary actions, legal consequences,
criticism, or moral dilemmas. suspension, or revocation of professional
licenses.
4. Five Pillars of Legal Ethics -
4.1 Integrity & Honesty
A lawyer’s words carry immense weight in court. A single misrepresentation can change the
course of justice. Integrity means being honest in all dealings—whether with clients, judges,
or opponents.
In V.C. Rangadurai v. D. Gopalan (1979)1, an advocate was found guilty of misrepresenting
facts. The Supreme Court held that lawyers must act as the guardians of justice, not
manipulators of the system. The court also held that lawyers must uphold the integrity of the
legal profession and protect their clients' interests.
4.2 Duty of Confidentiality –
A lawyer must keep client information secret, except in cases where disclosure is necessary to
prevent a serious crime.
Professional Communications-( Section 132 of BSA, 2023) [ Section 126 of IEA]
No advocate shall at any time be permitted unless with his client’s express consent, to
disclose any communication made to him in the course and for the purpose of his service
as such advocate. However, the communication is made in furtherance of illegal purpose,
showing that any crime or fraud has been committed since the commencement of his
service in such cases the provisions of this section will not apply.
4.3 Conflict of Interest –
A lawyer must never represent conflicting interests in a case. This means that an advocate
cannot work for both parties in a dispute.
Conflict of interest can lead to disbarment under Section 49(1)(c) of the Advocates Act, 1961.
4.4 Duty Towards the Court –
Lawyers must uphold the integrity of the legal system and adhere to ethical standards while in
court. They should never mislead the judge by providing false information or distorting the
truth, as doing so undermines the fairness of judicial proceedings.
Fabricating evidence is strictly prohibited, as it not only jeopardizes the case but also
constitutes a serious legal offense that can result in disbarment or criminal charges.
1
1979 SCR (1)1054
Additionally, intentionally delaying proceedings for personal gain, whether to exhaust the
opposing party’s resources or manipulate the timeline for strategic advantage, is unethical and
can lead to professional sanctions.
Lawyers must always act with honesty, fairness, and respect for the judicial process to maintain
justice and public trust in the legal system.
4.5 Prohibition Against Advertisement & Solicitation –
Unlike doctors or businesses, lawyers operate under strict ethical guidelines that prohibit direct
advertising of their services. The legal profession is built on reputation, credibility, and word-
of-mouth rather than marketing strategies. As a result, certain promotional activities are strictly
banned, including TV advertisements, distributing flyers or posters, and running online
promotional campaigns. Additionally, soliciting clients in public places, such as hospitals or
accident sites, is considered unethical and is strictly prohibited. However, lawyers are permitted
to share basic details about their practice on a professional website, provided they comply with
Bar Council guidelines. This allows for transparency without compromising the dignity and
integrity of the profession.
In the case of V.B. Joshi v. Union of India (2012)2, the Supreme Court of India held
that while advertising by lawyers is generally considered unethical and can damage the
profession's dignity, lawyers are allowed to provide certain basic information about themselves
on their websites, including their name, contact details, practice areas, and qualifications, as
per amended Bar Council of India rules.
5. Consequences of Unethical Behavior in the Legal Profession
Lawyers hold a position of trust and responsibility, and any violation of ethical standards can
lead to severe consequences. The legal profession demands integrity, honesty, and adherence
to professional codes of conduct. When lawyers engage in unethical behavior, they face serious
repercussions that can permanently damage their careers and reputations.
5.1 Disbarment : One of the most severe consequences of unethical conduct is disbarment,
where the Bar Council revokes a lawyer’s license to practice law. This penalty is imposed for
2
1992 SCR (3) 634
serious offenses such as fraud, professional misconduct, or criminal activities. Once disbarred,
a lawyer can no longer represent clients in court, effectively ending their legal career.
5.2 Contempt of court : Another major consequence is being held in contempt of court, which
occurs when a lawyer disrespects the judiciary, misleads the judge, or disrupts legal
proceedings. Under the Contempt of Courts Act, 1971, lawyers found guilty of such behaviour
can face heavy fines, imprisonment, or both. This not only damages their career but also
diminishes their standing within the legal community.
The Supreme Court, in Supreme Court Bar Association v. Union of India (1998)3,
ruled that courts do not have the authority to suspend or revoke an advocate’s license as a
punishment for contempt. This power exclusively belongs to the Bar Council under the
Advocates Act, 1961, which handles disciplinary actions related to professional misconduct.
This decision overruled In Re: Vinay Chandra Mishra (1995)4, where the Supreme Court had
suspended an advocate's license for three years under its contempt jurisdiction. The Court
clarified that contempt proceedings under Article 129 deal solely with contempt of court, and
professional misconduct must be addressed through the disciplinary procedure outlined in the
Advocates Act. The Court also said that its special powers under Article 142 (which allow it to
pass necessary orders for justice) should be used carefully and within limits. It cannot take over
the duties of other official bodies, like the Bar Council, which is legally responsible for
deciding if a lawyer has done something wrong professionally.
In the case of R Muthukrishnan v. Registrar General of Madras High Court (2019)5,
the Supreme Court of India held that High Courts have the authority to debar an advocate from
appearing in court solely as a punitive measure for contempt of court, and not for any other
instances of professional misconduct. Furthermore, the Court invalidated Rules 14A–14D of
the Madras High Court Rules (2016), which had empowered the High Court and District Courts
to debar advocates for specific forms of misconduct, such as attempting to influence judges,
tampering with court records, or appearing in court under the influence of alcohol. The
Supreme Court reaffirmed that the power to regulate and discipline advocates lies exclusively
3
1998 4 SCC 409
4
1995 2 SCC 58
5
2019 16 SCC 407
with the Bar Council, as prescribed under the Advocates Act, 1961, and that courts cannot
assume this role beyond their contempt jurisdiction.
5.3 Legal penalties : Unethical behaviour can also result in legal penalties, including fines and
imprisonment, depending on the severity of the misconduct. Engaging in activities such as
bribery, fabricating evidence, or breaching client confidentiality can lead to criminal charges.
Additionally, a lawyer who loses their credibility and reputation may find it impossible to
secure future clients, effectively ending their professional journey.
Upholding ethical standards is not just a legal obligation but also a fundamental
requirement for maintaining public trust in the justice system. Ethical violations harm not only
individual lawyers but also the integrity of the legal profession as a whole. Therefore, lawyers
must adhere to strict ethical guidelines to ensure justice is served fairly and impartially.
6. The True Essence of Professional Ethics in Law
Professional ethics in the legal field is not merely about adhering to rules; it is about fostering
trust, safeguarding rights, and upholding justice. A lawyer’s role extends beyond representing
clients—it involves maintaining the dignity of the profession and ensuring that the legal system
functions with integrity. Ethical conduct is the foundation of a just society, where lawyers serve
as custodians of fairness and truth.
A lawyer’s greatest asset is their integrity. Without it, their credibility, career, and professional
standing are at risk. A legal practitioner who compromises ethical values for personal gain not
only damages their own reputation but also weakens public confidence in the justice system.
Upholding ethical standards means remaining honest in court, respecting client confidentiality,
and ensuring that justice is pursued with fairness and objectivity.
As Justice Krishna Iyer wisely stated, “Law is a noble profession, but only when practiced
nobly.” A lawyer's duty is not just to win cases but to uphold the law with dignity and
righteousness. True success in the legal profession is not measured by victories in court but by
the unwavering commitment to truth and justice.
