LLB(Hons)- 3 years course- Ist Semester Professional Ethics & Professional Accounting System
Nature of Legal Profession:- The legal profession plays on important role in the administration of Justice. The lawyer assists the court in arriving at a correct judgment. The lawyer collects legal material relating to the case and thereby helps the court or judge to arrive at a correct judgment. Without the assistance of the lawyer it would be a superhuman task for the judge to arrive at a satisfactory judgment.
Actually the law is very complicated. The language of Acts and regulations is often found to be very complicated and confusing and not easy to the understood. The citizen of the country requires the advice of the advocate to understand the exact meaning of the provisions of the Act and regulations.
The lawyers are not puppets compelled to obey the dictate of their clients, where matters of good faith and honorable conduct are concerned. They are responsible to the court for the fair and honest conduct of a case. They are agent, not of man who pays them but are acting in the administration of justice. It has rightly been observed that a sound system of the administration of justice should possess three ingredients, namely a well-planned body of laws based on wise concepts of social justice, a judicial hierarchy comprised of the bench and bar, learned in the law and inspired by high principles of professional conduct and insistence of suitable generation of ensure fair trial.
The layer play important role in the maintenance of peace and order in the society. The peace and order, no doubt are necessary of the very existence of the society. The advocates share with the judge the responsibility for maintaining order in the community. Thus, 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. The supreme court has rightly observed that the legal profession is a partner with the judiciary in the administration of Justice.
DEVELOPMENT OF LAGAL PROFESSION
LEGAL PROFESSION IN PRE-BRITISH INDIA:- It is now well settled as to whether the legal profession was in existence in the pre-British India. However it is clear that in pre-British India, it was not as organized as today. Actually, the legal profession as it exists today was created and developed during the British period.
During the Hindu period, the courts derived their authority from the king who was considered the fountain head of justice. The king’s court was superior to all other courts. The king was advised by his councilor in hearing and deciding the case but he was not bounding by their advice. The institution of lawyer as it exists today was not in existence during this period. The plaintiff was required to present plaint before the defendant to submit his reply thereafter the court was required to investigate the matter and deliver its judgment. The courts delivered judgment on the basis of evidence gathered from various sources, eg. Witnesses, documents etc. ordeal was also recognized as means of proof.
According to R P Kangle there is no mention in the Kautilya Arthasasstr about the existence of legal profession and therefore most probably such a class did not exists. However, justice Mukenerjee has expressed a contrary opinion. According to him, the legal profession was in existence during the Hindu period.
During the Muslim period the litigants were represented by a body of persons known as vakils. The vakils was paid a percentage of the amount in the suit. The court of the native administration concerned determined who should be allowed to appear as vakil in a zaila court. Even during this period, the legal profession was not organized. The vakils acted more as agents for principals than as lawyer.
LEGAL PROFESSION DURING BRITISH PERIOD:- The legal profession as it exists today was created and developed during the British period. However, it is notable that in early days of the British period the legal profession was not well organized. Actually the East-India Company was not interested in organisng the legal profession. There was no uniform judicial system in the settlements of the East- India co. In 1726 by a charter known as charter of 1726 in each presidency town a Mayar’s court was established and thus, by the charter a uniform judicial system was introduced in all the three presidency town- Bombay, Calcutta and Madras. The Mayor’s court established under the charter of 1726 was the Royal courts and they derived their authority from the British crown and not from East India co. The Mayer’s courts were to fellow well-defined procedure based on the English law and procedure.
The Regulating Act, 1773 and the charter of 1774 contribute much to the development on legal profession in India. The regulating Act, 1773 empowered the British crown to established a supreme court at Calcutta by issuing a charter. The exercise of this power the British crown issued a charter in 1774 establishing the supreme court of judicature at Calcutta. The charter of 1774 superseded the provisions of the charter of the Mayer court at Calcutta. In 1801 the Supreme Court was established at madras and in 1823 the supreme court was established t Bombay by the British crown by issuing charters.
Clause 11 of the charter 1774 empowered the supreme court to approve and enroll advocates and attorney at law. The supreme court had power to remove any advocate or attorney on reasonable cause.
The Indian High court Act,1861, occupies an important place in the development of judicial administration in India. It empowered the British crown to established one High Court in each presidency Town.
ETHICS OF LEGAL PROFESSION:-Need of Ethics of legal Profession: Rules are necessary even for the best self-interest is a misleading factor when you have to decide on the spur of the movement what is best to be done in the circumstances. The fact that these are definite rules and that much discretion is given to the individual will itself be an additional source of temptation. Never adopt the standard of business profession. But after all whatever light we may seek to get from rules of conduct which have been in prescribed in England or other countries, a great deal will have to be left to individual a conscience.
Nothing but a determination err always on the safe side in case of doubt well enable us to do our duty consciously. In this country it must be confessed that very often petitions are guilty of questionable conduct owing to ignorance. They do not really know what is proper to be done in any particular case and as there are no rules to guide there, no settled traditions to serve as an inspiration, each one is a law unto himself. It has further observed that it is not desirable that the lawyer’s guidance should be altogether under the judicial control. It would be impossible for judge to control the bar satisfactorily. Too strict a discipline on the part of the courts is likely to unfair the independence and self-reliance of the member of the abr. It is all the mere necessary therefore, that there should be disciplinary bodies and that the profession itself should try and frame rules for its guidance.
Legal profession is not business but a profession. It has been created by the state for the public good. Consequence, the essence of the profession lies in these things:-
i) Organization of its members for the performance of their function;
ii) Maintenance of certain standards, intellectual and ethical, for the dignity of their profession; and
iii) Subordination of pecuniary gains of efficient services.
Meaning & Nature:- According to Lord Boom,” a lawyer must know everything about something and something about everything”.
Legal professions is now a noble Profession having high traditional and has been catering to the needs of the society long time. Today lawyer has too many tasks to deal with and achieve in the comp enmities of social, economic, political and scientific matter. The role of lawyer is to be an advocate of his client. The lawyer of today, has to act as social engineer in the best traditions of his understanding of various socialistic process as law is only filtering a system as differentiate between chaffs and the gain.
Professional ethics may be defined as a code of conduct written or unwritten for regulating the behaviors of prelisting lawyer towards the court. Thus, ethics of legal profession means the body of the rules and practice which determine the professional conduct of the members of bar. When a person becomes an advocate his relation with men in general is governed by the general rules of law but his conduct as advocate is governed by the special rules of professional ethics of the abr. The main object of the ethics of the legal profession is to maintain the dignity of the legal profession and the friendly relation between the bench and bar.
The Amercian bar Association Committee has well observed the need of the code of the legal ethics. It has observed that the legal profession is necessarily the keystone of the arch of the government. If it is weakened by allowing it to be increasing for subject to the corroding and demoralizing influence of these who are controlled by craft, greed and gain or other influenced unworthy motive, sooner or later the arch must full. The future of the country, thus depends upon the maintenance of the shrine of justice pure and unrolled by the advocate and it cannot be so maintained , unless the conduct and motive of the legal profession are what they object to be. It , therefore, becomes the plain and simple duty of the lawyers to use their influence in every legitimate way to help and make the bar what it ought to be.
Advocate Act, 1961
Introduction:- Prior to 1961, there were different classes of legal practitioner in India, for eg: Advocate, Attorney at law, Solicitor, Pleader and Muktyrat. They were registered and enrolled under various legal practice.
In 1961, the Advocate Act was passed by the Indian Parliament which consolidated and amalgated those various classes of legal practioner into one class known as Advocate and abolish other classes of legal prctinoer by repairing the legal practical Act-1979, the government Act1920 and the Govt. Act 1926. Now there is only one legal practinoer Act in whole India and that is Advocate Act(25 of 1961).
Its governing , administration, enrollment, constitution of one council were enforced in Dec.1961. In present, there is only one category of legal practitioner and at a senior Advocates are entitled to practise lane in Supreme Court in India. According to section 30 of the Advocate Act, 1961 every advocate whose name has entered on the state roll shall be entitled to practice throughout the territories to which this Act intents, i.e. in all the court including the supreme court and before any tribunal or person who is legally authorized to advocate is entitled to practice under any law for the time being in force. In order to understand who can be effect of senior designation:
· The establishment of an all India Bar council and a common role of advocate and the advocate on the common role having a right to practice law in any part of the country of law including supreme court of India.
· Uniform qualification for admission of person to be an advocate.
· The division of the advocate into senior advocate and the other advocates.
· Bar council of India to have general supervision and control over state bar councils.
Advocate Act:- An Act to amend and Consolidated the law relating to legal practitioners and to provide for the constitution of Bar council and All India Bar.
Meaning of Advocate:- Sec. 2 of Advocate Act,1961, defines the meaning of advocate. An advocate enacted any wrong under the provision of this act one punishable. It is the duty of an advocate to assist the court in the due administration of justice. It is the duty of an advocate to assist the court in the administration of justice.
Rights of an Advocate:-Under section 30 of the Advocate Act,1961:- every advocate whose name has been enrolled in the state roll shall be entitled at right to practice throughout the territory of India which act intend.
i. All over India including supreme court,
ii. Before any tribunal or a person legally authorized to the evidence.
iii. Before any authority
Nature of Legal Profession:- The legal profession plays on important role in the administration of Justice. The lawyer assists the court in arriving at a correct judgment. The lawyer collects legal material relating to the case and thereby helps the court or judge to arrive at a correct judgment. Without the assistance of the lawyer it would be a superhuman task for the judge to arrive at a satisfactory judgment.
Actually the law is very complicated. The language of Acts and regulations is often found to be very complicated and confusing and not easy to the understood. The citizen of the country requires the advice of the advocate to understand the exact meaning of the provisions of the Act and regulations.
The lawyers are not puppets compelled to obey the dictate of their clients, where matters of good faith and honorable conduct are concerned. They are responsible to the court for the fair and honest conduct of a case. They are agent, not of man who pays them but are acting in the administration of justice. It has rightly been observed that a sound system of the administration of justice should possess three ingredients, namely a well-planned body of laws based on wise concepts of social justice, a judicial hierarchy comprised of the bench and bar, learned in the law and inspired by high principles of professional conduct and insistence of suitable generation of ensure fair trial.
The layer play important role in the maintenance of peace and order in the society. The peace and order, no doubt are necessary of the very existence of the society. The advocates share with the judge the responsibility for maintaining order in the community. Thus, 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. The supreme court has rightly observed that the legal profession is a partner with the judiciary in the administration of Justice.
DEVELOPMENT OF LAGAL PROFESSION
LEGAL PROFESSION IN PRE-BRITISH INDIA:- It is now well settled as to whether the legal profession was in existence in the pre-British India. However it is clear that in pre-British India, it was not as organized as today. Actually, the legal profession as it exists today was created and developed during the British period.
During the Hindu period, the courts derived their authority from the king who was considered the fountain head of justice. The king’s court was superior to all other courts. The king was advised by his councilor in hearing and deciding the case but he was not bounding by their advice. The institution of lawyer as it exists today was not in existence during this period. The plaintiff was required to present plaint before the defendant to submit his reply thereafter the court was required to investigate the matter and deliver its judgment. The courts delivered judgment on the basis of evidence gathered from various sources, eg. Witnesses, documents etc. ordeal was also recognized as means of proof.
According to R P Kangle there is no mention in the Kautilya Arthasasstr about the existence of legal profession and therefore most probably such a class did not exists. However, justice Mukenerjee has expressed a contrary opinion. According to him, the legal profession was in existence during the Hindu period.
During the Muslim period the litigants were represented by a body of persons known as vakils. The vakils was paid a percentage of the amount in the suit. The court of the native administration concerned determined who should be allowed to appear as vakil in a zaila court. Even during this period, the legal profession was not organized. The vakils acted more as agents for principals than as lawyer.
LEGAL PROFESSION DURING BRITISH PERIOD:- The legal profession as it exists today was created and developed during the British period. However, it is notable that in early days of the British period the legal profession was not well organized. Actually the East-India Company was not interested in organisng the legal profession. There was no uniform judicial system in the settlements of the East- India co. In 1726 by a charter known as charter of 1726 in each presidency town a Mayar’s court was established and thus, by the charter a uniform judicial system was introduced in all the three presidency town- Bombay, Calcutta and Madras. The Mayor’s court established under the charter of 1726 was the Royal courts and they derived their authority from the British crown and not from East India co. The Mayer’s courts were to fellow well-defined procedure based on the English law and procedure.
The Regulating Act, 1773 and the charter of 1774 contribute much to the development on legal profession in India. The regulating Act, 1773 empowered the British crown to established a supreme court at Calcutta by issuing a charter. The exercise of this power the British crown issued a charter in 1774 establishing the supreme court of judicature at Calcutta. The charter of 1774 superseded the provisions of the charter of the Mayer court at Calcutta. In 1801 the Supreme Court was established at madras and in 1823 the supreme court was established t Bombay by the British crown by issuing charters.
Clause 11 of the charter 1774 empowered the supreme court to approve and enroll advocates and attorney at law. The supreme court had power to remove any advocate or attorney on reasonable cause.
The Indian High court Act,1861, occupies an important place in the development of judicial administration in India. It empowered the British crown to established one High Court in each presidency Town.
ETHICS OF LEGAL PROFESSION:-Need of Ethics of legal Profession: Rules are necessary even for the best self-interest is a misleading factor when you have to decide on the spur of the movement what is best to be done in the circumstances. The fact that these are definite rules and that much discretion is given to the individual will itself be an additional source of temptation. Never adopt the standard of business profession. But after all whatever light we may seek to get from rules of conduct which have been in prescribed in England or other countries, a great deal will have to be left to individual a conscience.
Nothing but a determination err always on the safe side in case of doubt well enable us to do our duty consciously. In this country it must be confessed that very often petitions are guilty of questionable conduct owing to ignorance. They do not really know what is proper to be done in any particular case and as there are no rules to guide there, no settled traditions to serve as an inspiration, each one is a law unto himself. It has further observed that it is not desirable that the lawyer’s guidance should be altogether under the judicial control. It would be impossible for judge to control the bar satisfactorily. Too strict a discipline on the part of the courts is likely to unfair the independence and self-reliance of the member of the abr. It is all the mere necessary therefore, that there should be disciplinary bodies and that the profession itself should try and frame rules for its guidance.
Legal profession is not business but a profession. It has been created by the state for the public good. Consequence, the essence of the profession lies in these things:-
i) Organization of its members for the performance of their function;
ii) Maintenance of certain standards, intellectual and ethical, for the dignity of their profession; and
iii) Subordination of pecuniary gains of efficient services.
Meaning & Nature:- According to Lord Boom,” a lawyer must know everything about something and something about everything”.
Legal professions is now a noble Profession having high traditional and has been catering to the needs of the society long time. Today lawyer has too many tasks to deal with and achieve in the comp enmities of social, economic, political and scientific matter. The role of lawyer is to be an advocate of his client. The lawyer of today, has to act as social engineer in the best traditions of his understanding of various socialistic process as law is only filtering a system as differentiate between chaffs and the gain.
Professional ethics may be defined as a code of conduct written or unwritten for regulating the behaviors of prelisting lawyer towards the court. Thus, ethics of legal profession means the body of the rules and practice which determine the professional conduct of the members of bar. When a person becomes an advocate his relation with men in general is governed by the general rules of law but his conduct as advocate is governed by the special rules of professional ethics of the abr. The main object of the ethics of the legal profession is to maintain the dignity of the legal profession and the friendly relation between the bench and bar.
The Amercian bar Association Committee has well observed the need of the code of the legal ethics. It has observed that the legal profession is necessarily the keystone of the arch of the government. If it is weakened by allowing it to be increasing for subject to the corroding and demoralizing influence of these who are controlled by craft, greed and gain or other influenced unworthy motive, sooner or later the arch must full. The future of the country, thus depends upon the maintenance of the shrine of justice pure and unrolled by the advocate and it cannot be so maintained , unless the conduct and motive of the legal profession are what they object to be. It , therefore, becomes the plain and simple duty of the lawyers to use their influence in every legitimate way to help and make the bar what it ought to be.
Advocate Act, 1961
Introduction:- Prior to 1961, there were different classes of legal practitioner in India, for eg: Advocate, Attorney at law, Solicitor, Pleader and Muktyrat. They were registered and enrolled under various legal practice.
In 1961, the Advocate Act was passed by the Indian Parliament which consolidated and amalgated those various classes of legal practioner into one class known as Advocate and abolish other classes of legal prctinoer by repairing the legal practical Act-1979, the government Act1920 and the Govt. Act 1926. Now there is only one legal practinoer Act in whole India and that is Advocate Act(25 of 1961).
Its governing , administration, enrollment, constitution of one council were enforced in Dec.1961. In present, there is only one category of legal practitioner and at a senior Advocates are entitled to practise lane in Supreme Court in India. According to section 30 of the Advocate Act, 1961 every advocate whose name has entered on the state roll shall be entitled to practice throughout the territories to which this Act intents, i.e. in all the court including the supreme court and before any tribunal or person who is legally authorized to advocate is entitled to practice under any law for the time being in force. In order to understand who can be effect of senior designation:
· The establishment of an all India Bar council and a common role of advocate and the advocate on the common role having a right to practice law in any part of the country of law including supreme court of India.
· Uniform qualification for admission of person to be an advocate.
· The division of the advocate into senior advocate and the other advocates.
· Bar council of India to have general supervision and control over state bar councils.
Advocate Act:- An Act to amend and Consolidated the law relating to legal practitioners and to provide for the constitution of Bar council and All India Bar.
Meaning of Advocate:- Sec. 2 of Advocate Act,1961, defines the meaning of advocate. An advocate enacted any wrong under the provision of this act one punishable. It is the duty of an advocate to assist the court in the due administration of justice. It is the duty of an advocate to assist the court in the administration of justice.
Rights of an Advocate:-Under section 30 of the Advocate Act,1961:- every advocate whose name has been enrolled in the state roll shall be entitled at right to practice throughout the territory of India which act intend.
i. All over India including supreme court,
ii. Before any tribunal or a person legally authorized to the evidence.
iii. Before any authority
Advocate enjoys various rights:
i. Right to hold himself out as a lawyer
ii. Right to advise the clients
iii. Right to represent the client counsel
iv. Right to appear for the client in the court proceedings.
v. Right to change reasonable fees from clients
vi. Right to go in the honorary officers
vii. Right to write the books and the legal literature
viii. Right to take up the teaching works
ix. Right to provide legal aid to the needy and poor people.
x. Right to deliver speech on the legal conference.
Advocacy:- A lawyer should be jack of all traders but master of none except the case which he is pleadings in the court of law. In this regards he should passes the knowledge of humanities, social and technological sciences. For instance, when he is pleading a case relating to building constructions, he must know about the architecture and he able to form an opinion as to the requirements of materials needs for the constructions of a structures , secondly, when he is pleading a case relating to hurt and grievous hurt, he must know something about the medicine and surgery while examining or cross-examining a doctor. Thirdly, in a case relating to disseminations and disaffecting he has to depict himself as a poet, a noblest and an author.
In the words of Lord Boom, “ a lawyer must know everything about something and something about everything’s.”
The lawyer has to know about the human psychology. He has to act as psychologist while he is being instructed by his clients, there it is needed for lawyer that how quickly he can arrive at a conclusion in consonance with the mental trend of his client and satisfy him in relating relations to particular controversy in dispute.
Profound Learning:- The first and the formats essential in legal learning . This learning should be wide and accurate. A lawyer is to find out the particular law from literary which enable a lawyer to frame a right question and to locate the source of the answer.
High Morality:- Morality is no less an important equipment than intellectual learning . a lawyer should continue to enjoy the confidence of his client, court and the bar by his excellence. Money is not needed as much as the maintenance of honestly and character.
Legal Training:- Law schools are the first and the foremost places of legal training where after a specified period of legal training where after a specified one gets a requisite degree which entitles him to be called at the Bar. But this is not the only place for learning besides it there are other places, for instances, seniors chamber, court and actual trial before it. “ In the court house by watching carefully and constantly an actual trial, one trains himself by mistakes of others.”
i. Right to hold himself out as a lawyer
ii. Right to advise the clients
iii. Right to represent the client counsel
iv. Right to appear for the client in the court proceedings.
v. Right to change reasonable fees from clients
vi. Right to go in the honorary officers
vii. Right to write the books and the legal literature
viii. Right to take up the teaching works
ix. Right to provide legal aid to the needy and poor people.
x. Right to deliver speech on the legal conference.
Advocacy:- A lawyer should be jack of all traders but master of none except the case which he is pleadings in the court of law. In this regards he should passes the knowledge of humanities, social and technological sciences. For instance, when he is pleading a case relating to building constructions, he must know about the architecture and he able to form an opinion as to the requirements of materials needs for the constructions of a structures , secondly, when he is pleading a case relating to hurt and grievous hurt, he must know something about the medicine and surgery while examining or cross-examining a doctor. Thirdly, in a case relating to disseminations and disaffecting he has to depict himself as a poet, a noblest and an author.
In the words of Lord Boom, “ a lawyer must know everything about something and something about everything’s.”
The lawyer has to know about the human psychology. He has to act as psychologist while he is being instructed by his clients, there it is needed for lawyer that how quickly he can arrive at a conclusion in consonance with the mental trend of his client and satisfy him in relating relations to particular controversy in dispute.
Profound Learning:- The first and the formats essential in legal learning . This learning should be wide and accurate. A lawyer is to find out the particular law from literary which enable a lawyer to frame a right question and to locate the source of the answer.
High Morality:- Morality is no less an important equipment than intellectual learning . a lawyer should continue to enjoy the confidence of his client, court and the bar by his excellence. Money is not needed as much as the maintenance of honestly and character.
Legal Training:- Law schools are the first and the foremost places of legal training where after a specified period of legal training where after a specified one gets a requisite degree which entitles him to be called at the Bar. But this is not the only place for learning besides it there are other places, for instances, seniors chamber, court and actual trial before it. “ In the court house by watching carefully and constantly an actual trial, one trains himself by mistakes of others.”
Continous..../-
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