Code and conduct are necessary for the human being to become a civilized person in society. Because we learn discipline from code of conduct in the society. The code of conduct of the Lawyers is majorly encapsulated under the legal provisions i.e called The Advocates Act. The code and conduct of an advocate has been addressed under chapter 5 of the Advocate Act 1961. The legal profession in India plays an important role in maintaining law and order in the society. While Justice is provided by Judiciary, but the main backbone in the legal profession are Advocates. Without Advocates, the legal profession is toothless. In India, the code of conduct of the lawyers is further elaborated by the Bar Council of India Rules.
Historical Aspects of Legal Profession in India
The legal profession is the backbone in the administration of Justice. The lawyers or Advocates assist the Court during the proceedings of the court in arriving at the correct judgment. Upholding justice is not possible without the assistance of Advocates.
1. Pre-British India
a) Hindu Ruled India: While there was no formal Court in ancient India, justice was taken care of by the King and his administration.
b) Muslim Period: Lawyers are called the VAKIL. In this period, the existence of the legal profession was not well organized.
2. British Period
During this period, Britishers came to India as Traders and established the East India Company. A Mayor Court was established in three presidencies town (Calcutta, Madras and Bombay). This somewhat laid the foundation of present day Indian Legal System.
3. Regulating Act, 1773
The Regulating Act of 1773 was an Act of the Parliament of Great Britain intended to overhaul the management of East India Company’s rule. It further sought to establish a Supreme Court.
4. Legal Practitioners Act, 1879
The Legal Practitioners Act 1879 was the first Act and it was one of the exhaustive laws in respect of the legal profession in India.
5. Advocate’s Act, 1961
This Act provides the rules, regulations and code of conducts of an Advocate in India. This is the universal Act which contains all the code of conduct for lawyers in India.
Key Principles on Code of Conduct for Lawyers
Duty towards Court
The relationship between Bench (Judge) and Bar ( Advocates) is of respect and integrity. Lawyers have an essential participation in the Administration of Justice. When the lawyers enter the courtroom, they must be well dressed and their mobile phones in silent mode. A lawyer performs various duties when he is in court. Firstly, he should not stand behind the side of the front of the judge. Lawyers shall treat judges, Court-master, and all court staff in the court with respect. If any lawyers disrespect the Judges or court-master, then he will be liable for the contempt of court under the provision of laws. Lawyers even have a duty as an officer of the Court, and should never mislead the court during the proceedings of the Courts. All the lawyers have to appear in his own case where he is appointed. Lawyers should never tamper evidence with his clients.
Duties towards Clients
Another very important aspect in the legal profession is a lawyer’s duty towards his clients. Lawyers must maintain the confidentiality in the conversation and any proof shared by his clients. The breach of confidentiality destroys the relationship between clients and his advocates. Lawyers have the duty to handle his client case in the court and regular appearance on his behalf in court and he has to deal with the client honestly which enhances the trust on them.
Duty towards Colleagues
Lawyers should have courtesy towards their colleagues i.e., fellow advocates. They both should cooperate with each other while in the court proceedings and in the interest of Justice. He must avoid delay in the court proceedings and maintain dignity between them.
Prohibition in Advertising
As per laws, Lawyers are prohibited from advertising their public services in any newspapers, radio, television or other modes. The code of conduct for lawyers in India specifically prohibits the advertising by Advocates.
Legal Provisions as per Advocate’s Act, 1961
Section 19 of the Act provides the right to practice of the lawyers. It lays down the provision that ‘The Advocates are only recognized class of person entitled to practice law’. This section provides that, any rules made there under shall as from appointed day be only one class of person entitled to practice the profession of law namely advocates.
Section 29, defines the advocates to be the only recognised class of person entitled to practise law. This provisons provides the unified Bar for the whole of India. This section has been enacted in response to demand by the legal profession for the unification of Bar.
Harish Uppal v. Union of India (2003)
In this case, the Supreme Court held that the Advocates’ rights to appear and conduct cases in the court is not absolute. The Courts can frame the rules of debarring and advocates due to their being guilty of contempt of court or professional misconduct.
As, per the Section 26(A) of advocates Act 1961, the State Bar Council may remove from the State Roll the name of any advocate if the following grounds has been occurred;
a) Who is Dead;
b) From whom a request has been received to that effect;
c) If any lawyers/ Advocates professionally misconducts.
Section 30 provides that subject to the provisions of this Act, every advocate whose name is entered in the State Roll shall be entitled as of the right to practice throughout the territories to which this act extends.
a) In all courts including the Supreme Court.
b) Before any Tribunal like NCLT, NCLAT, DRT etc.
Section 33 states that, no person shall on or after the appointed day be entitled to practice in the courts unless he is enrolled as an advocate under this Act.
Protection of Advocates
Recently the Parliament has been discussing for bringing in a law afresh – The Advocates Protection Act, because of frequent incidents of brutal attacks, murders of Advocates happening day by day. The Advocates have demanded the Advocate Protection Act. The proposed Advocates Protection Bill was introduced in 2011. This Bill’s aim was to protect Advocates from threat, criminal force intimidation, faced by Advocates on a day to day basis in India.
Inference
Thus, we can conclude that the Bar Council of India is an apex body to make the rules for lawyers. As per the Apex body, all the registered Lawyers shall adhere to their rules, the code of conduct for lawyers in India.
The Code of Conduct for Lawyers in India has been simplified by Advocate Aakash Poddar, who is interning at Lawgical Shots and assisting the team to bring the most informational and valuable legal blogs for the legal fraternity.
