PROFESSIONAL ETHICS-converted.pdf

5th Sem Notes

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PROFESSIONAL ETHICS - IMPORTANT QUESTIONS REP
1 Who is an Advocate? Procedure for admission of an advocate to legal profession
(enrolment) (qualifications & disqualifications)
5
Disqualification of an Advocate 2
2 Solicitors firm 4
3 Discuss the Seven Lamps of Advocacy 3
4 Examine the duties of advocates for the standards of professional conduct and etiquette 1
Enumerate the duties of advocates towards the client, courts and other advocates 5
Advocate's duty towards legal aid to the poor 4
5 Professional misconduct 6
6 Discuss the powers and functions of bar council of India 4
7 Define Disciplinary Committee and what are the powers and functions of disciplinary
committee under the advocates Act, 1961?
4
8 Discuss the nature and functions of accounting/accountancy 3
9 Important branches of Accounting/Accountancy 4
10 Bar Bench relations 4

PAPER-V:
PROFESSIONAL ETHICS AND PROFESSIONAL
ACCOUNTING SYSTEM

The written examination of this paper will be for 50 marks and the remaining 50
marks for record and viva voce. There shall be classroom instruction on the
following topics:

Unit-I:
Development of Legal Profession in India — The Advocates Act, 1961 — Right
to Practice — a right or privilege? - Constitutional guarantee under Article 19(1)
(g) and its scope — Enrolment and Practice — Regulation governing enrolment
and practice — Practice of Law — Solicitors firm — Elements of Advocacy.

Unit-II:
Seven lamps of advocacy— Advocate’s duties towards public, clients, court,
and other advocates and legal aid; Bar Council Code of Ethics.

Unit-III:
Disciplinary proceedings — Professional misconduct — Disqualifications —
Functions of Bar Council of India/ State Bar Councils in dealing with the
disciplinary proceedings —Disciplinary Committees -- Powers and functions -
Disqualification and removal from rolls.
Unit-IV:
Accountancy for Lawyers — Nature and functions of accounting — Important
branches of accounting — Accounting and Law – Bar Bench Relations.
Record (30 marks): Each student shall write 50 selected opinions of the

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Disciplinary Committees of Bar Councils and 10 major judgments of the
Supreme Court of India in the Record. The Record shall be evaluated for 30
marks by the teacher concerned. The Records of the students duly certified by
the University Representative appointed by the Controller of Examinations in
consultation with the Chairman, BOS in Law shall be submitted to the
University before the commencement of the theory examinations.

Viva- voce (20 marks): There shall be viva-voce examination on the above
components. The Viva-voce Board consisting of (i) Principal of the College/ the
teacher concerned (ii) University Representative appointed by the Controller of
Examinations in consultation with the Chairman, BOS in Law, and (iii) an
advocate with 10 years of experience at the Bar shall evaluate the student in the
Viva. The proceedings of the viva-voce shall be recorded.

Note: All the three components of the paper (written examination,
submission of record and attendance in viva) shall be compulsory.

Suggested Readings:
(1) Sirohi: Professional Ethics, Central Law Publications, Allahabad.
(2) G.B.Reddy, Practical Advocacy of Law, Gogia Law Agency, Hyderabad
(3) Myneni S.R.: Professional Ethics, Accountancy for Lawyers and Bench-
Bar Relation, Asia Law House, Hyderabad.
(4) Gupta S.P.: Professional Ethics, Accountancy for Lawyers and
Bench- Bar Relation, Asia Law House, Hyderabad.
(5) Kailash Rai: Professional Ethics, Accountancy for Lawyers and Bench-
Bar Relation, Allahabad Law Agency.
(6) Selected Judgments on Professional Ethics (in 2 volumes), Bar Council of
India Trust, New Delhi.

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ANSWERS TO IMPORTANT QUESTIONS
1. Who is Advocate? Procedure for admission of an advocate to legal profession (enrolment)
(qualifications & disqualifications).
Answer: Who is Advocate?
• Advocate is a person authorized to appear in litigation on behalf of a party.
• An advocate should possess a law degree and is enrolled with a Bar Council, as prescribed by the
Advocates Act, 1961.
• Advocates are the only class of persons legally entitled to practice law.
• Advocates provide legal advice to the clients.
• In the legal system, an advocate represents his client in the court of law.
• An advocate is the most important part of the legal system of any country.
• He is solely responsible for the presentation of the case and to bring justice to the victim through
his arguments.
• The court of law passes its judgment basing upon the facts and arguments presented by him.
• After being authorized to appear in a case by a client who has signed a vakalatnama, advocates
prepare cases and argue them in Court.
• In the Bombay and Calcutta High Courts there is a separate class of legal practitioners, known as
solicitors, who prepare the case, but do not argue in Court.
• When appearing in a courtroom, an advocate usually dresses in black and white, and wears a band
and gown.
• Any complaint against an advocate is made to the Bar Council of India.
• Legal Definition: Section 2 in THE ADVOCATES ACT, 1961
(1) In this Act, unless the context otherwise requires,—
(a) “Advocate” means an advocate entered in any roll under the provisions of this Act;

How to be an Advocate (enrolment):
Step 1: Bachelor’s degree in Law (L.L.B): To become an advocate in India, it is compulsory for a person to
complete his bachelor’s degree in law, i.e. L.L.B (Legum Baccalaureus). The bachelor degree of law can be
either of 3 years or 5 years.
a) Three-year course
One can opt for the three-year course of bachelor’s degree in law after completion of his graduation, the
eligibility criteria for this course is that the candidate must secure at least 50% in his graduation.
b) Five-year course
A candidate can directly get into the five-year course of bachelor’s degree immediately after completion
of his 10+2. One of the very popular entrance test conducted for this course is CLAT (Common Law
Admission Test). By cracking CLAT he can get into prestigious NLU’s (National Law University) which are
present in most of the state.

Step 2: Enrolment in State Bar Council
The final step to be an advocate is to enrol in any of the State Bar Councils regulated by the Advocates Act
1961. Every state has its unique process of registration. Once the registration is completed the candidate
has to clear the All India Bar Examination (AIBE). The exam is conducted by the Bar Council of India, and
the candidate gets the certificate of practice upon clearing the exam. The test is conducted to assesses the
basic analytical capabilities and knowledge of the law.

Criteria for enrolment as an Advocate (As per Section 24 of the Advocates Act): A person shall be qualified
to be enrolled as an advocate if he fulfills the following conditions:
(a) He is a citizen of India. Provided that a national of any other country can also practice only if Indians
are allowed to practice in that other country;
(b) He has attained the age of 21 years;

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(c) He has completed his bachelors in law;
(d) He has paid the required stamp duty, which is chargeable under the Indian Stamp Act, 1899 and an
enrolment fee payable to the State Bar Council. He has to pay six hundred rupees to The State Bar Council
and one hundred and fifty rupees to the Bar Council of India. If such person is a Schedule Caste or
Schedule Tribe then he has to pay one hundred rupees to the State Bar Council and twenty-five rupees to
the Bar Council of India.
Qualifications for Registration in Roll of Advocate (India): (According to Section 24 of Advocate act 1961)
1. The person must be citizen of India: The first and most important condition for enrolment in India
is that the person must be citizen of India.
2. The nationals of other countries can only be allowed when Indians are allowed to practice in their
country.
3. Person must have completed the age of 21 years: It is a vital condition for enrolment that the
person who wants to register must have completed the age of 21 years at the time of enrolment.
4. Person must be law graduate: Section 24(1)C says about it as under -
• The person who have got the degree of law from any college/university before 12 March,
1967.
• The person who have got the degree from any university recognized by Bar Council of
India after 12 March, 1967.
• The person who have got degree from any university decided by Indian Rule Act 1935.
5. Payment of decided fees: The decided fees for the enrolment has to be paid by the candidate and
if there is any stamp fees than under Indian Stamp Act 1899, than it should also be paid.
6. Fulfilment of other Conditions: Other conditions that are decided by the state bar council must be
completed along with the above mentioned conditions.

Disqualifications: Section 24(A) of the Advocate Act 1961, describes the conditions in which the person
cannot be registered.
1. If the person is held guilty for crime related to moral turpitude.
2. If the person is held guilty under Untouchability Act 1955.
3. If the person has been dismissed from the post from employment office under state on the blame
of moral turpitude. This qualification will remain effective for 2 years from the date of removal.

2. Solicitors firm.
Answer: Solicitors advise clients and draft pleadings/documents, but engage advocates for conducting the
case in the court. Lawyers who want to be solicitors should pass an examination. In India, a two-year
practice is also required before an Indian lawyer can qualify as a solicitor.
A solicitor can cover large clientele unlike the advocate, Mostly solicitors work on retainer basis for
large companies for a handsome remuneration. Commercial clients call in solicitors for advice on matters
including litigation, property, tax and finance. Private client work usually involves personal legal matters
such as wills, property conveyancing, divorce and custody. Solicitors' firms come in all shapes and sizes so
it's important to do your research first and find out which one would suit you.
Solicitors need a wide range of skills. As well as being able to communicate with clients and develop good
working relationships with them, they need to be able to work closely with colleagues, pay close attention
to detail and be willing to work long hours. They also need initiative and good judgment to work with
complex information.

3. Discuss the Seven Lamps of Advocacy
Answer: INTRODUCTION:
A profession aims at rendering services and business aims at merely earning profits. A professional is the
one who has all the requisite technical knowledge and skills which the field demands. Hence, Advocacy
falls under the category of profession. People often insult this profession by saying that" lawyers are
liars". It is to be noted a lawyer argues for his client and not himself. A lawyer always presumes that his

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client is innocent because that is how our legal system works "Presumption of Innocence until proven
Guilty". He argues with the information provided by his client. Thus, Advocates should not only aim at
putting an end to their client's peril but also aim at uplifting this honourable profession.

THE SEVEN LAMPS OF ADVOCACY:
Justice Abbot Parry has put forward the qualities which are to be possessed by a person who pursues this
profession. These qualities are called the Seven Lamps of Advocacy. They are:
➢ Honesty.
➢ Courage.
➢ Industry.
➢ Wit.
➢ Eloquence.
➢ Judgement.
➢ Fellowship.
a). HONESTY:
A lawyer is expected to be honest at all times including while delivering his arguments. He is not supposed
to master the art of deceiving. He should take utmost care while delivering his arguments as the Judge
would rely mostly upon his submissions. He should be a pioneer of Dharma and prevent injustice from
prevailing. It is he who should uphold just. His honesty would make him more dependable in front of the
eyes of the law and his clients.

b) COURAGE:
A lawyer should be fearless and courageous while upholding his stand in front of the bench. Only a person
who is truthful and honest will be fearless at all times. A lawyer should never back-off from any situation;
he should be bold and witty enough to tackle all the dangers advancing towards him. A lawyer should be
bold enough to fight against the social evils for the sake of the citizens. He should aid in directing and
moulding society in the right way.

c) INDUSTRY:
An advocate needs to possess all the necessary skill-set which is required by this profession. He needs to
master the art of both speaking and writing. He needs to work his way towards success. A lawyer should
never be ignorant of the law. Ignorance of the law is never permissible. He should have sheer dedication
and devotion towards this profession. Law is like the ocean the more you believe you've discovered the
more mysteries are lined up to be unravelled. Nobody in this world can master law because law evolves
continuously. In this profession who can never achieve Mastery, who will always be a pupil.

d) WIT:
A good lawyer should have a lot of wit and presence of mind while he's arguing. A well- prepared speech
will never work in the court of law. He should make a conversation with the judge. He should elucidate on
every significant fact of the case. He should lead the judge with his arguments. It is true that the judge
won't be convinced in the first go. He will be asking questions as he is supposed to because he has got the
most difficult job to do "rendering justice". Intelligence and knowledge are other things which are to be
vested in a lawyer; these would come in handy in later stages of his arguments.

e) ELOQUENCE•
A lawyer should be a very skilled speaker. He should have the required style and confidence in the court.
Eloquence adds more effectiveness to his submissions. His language should be error free. He should
employ the pauses at the right moment. His submissions need not be dramatic but need to be effective. It
should leave an impression on the judge. He should be persuasive. He should be able to re-frame his
submissions until he wins it in his client's favour. The Judge should be able to recollect the intrinsic details

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the advocate pointed out in his pleadings while writing his judgment. That's the level of effectiveness that
is to be achieved by a lawyer.

f) JUDGEMENT•.
Before drafting his submissions a lawyer should be able to anticipate the possible counterarguments that
might arise from the other side. He should be prepared to dodge all of the counters. He should be able to
assess which detail of the fact or the statute would help him to achieve the desired verdict. There's an old
saying "He can't be a good lawyer unless he can't take two sides". This particular skill would make the best
out of a lawyer.

g) FELLOWSHIP•
Though there is a battle of words in the court hall, no lawyer is supposed to hold grudge against another.
They should always uphold the fellowship in this profession. That is why the lawyers refer to their
opposite side counsel as "Learned Friend". If every lawyer takes it to their heart, that might hinder the
fellowship of this profession. It might even lead to its downfall.

CONCLUSION:
Thus, lawyers have an important duty of upholding justice in the most crucial of times. They must not only
work towards the betterment of this profession but also for the betterment of this society also. Every
lawyer is obliged to serve the society. It is one of his primary duties. The service of a lawyer to the
development of this society is indispensable.

4. Examine the duties of advocates for the standards of professional conduct and etiquette.
Enumerate the duties of advocates towards the client, courts and other advocates.
Advocate's duty to provide legal aid to the poor.
Answer: An Advocate shall, at all times, comport himself in a manner befitting his status as an officer of
The Court, a privileged member of the community, and a gentleman, bearing in mind that what may be
lawful and normal for a person who is not a member of the Bar or for a member of the Bar in his
nonprofessional capacity may still be improper for an advocate. Without prejudice to the generality of the
foregoing obligation, an advocate shall fearlessly uphold the interests of his client, and in his conduct
conform to the rules hereinafter mentioned both in letter and in spirit. The rules hereinafter mentioned
contain cannons of conduct and etiquette adopted as general guides; yet specific mention thereof shall
not be construed as a denial of the existence of others equally imperative though not specifically
mentioned.
Section I—Duty to the Court
1. An advocate shall, during the presentation of his case and while otherwise acting before a Court,
conduct himself with dignity and self-respect. He shall not be servile and whenever there is proper ground
for serious complaint against a judicial officer, it shall be his right and duty to submit his grievance to
proper authorities.
2. An advocate shall maintain towards the Courts a respectful attitude, bearing in mind that the dignity of
the judicial office is essential for the survival of a free community.
3. An advocate shall not influence the decision of a Court by any illegal or improper means. Private
communications with Judge relating to a pending case are forbidden.
4. An advocate shall use his best efforts to restrain and prevent his client from restoring to sharp or unfair
practices or from doing anything in relation to the Court, opposing counsel or parties which the advocate
himself ought not to do. An advocate shall refuse to represent the client who persists in such improper
conduct. He shall not consider himself a mere mouthpiece of the client, and shall exercise his own
judgment in the use of restrained language in correspondence, avoiding scurrilous attacks in pleadings,
and using intemperate language during arguments in Court.
5. An advocate shall appear in Court at all times only in the prescribed dress, and his appearance shall
always be presentable.

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6. An advocate shall not enter appearance, act, plead or practice in any way before a Court, Tribunal or
Authority mentioned in Section 30 of the Act, if the sole or any member thereof is related to be Advocate
as father, grandfather, son, grandson, uncle, brother, nephew, first cousin, husband, wife, mother,
daughter, sister, aunt, niece, father-in-law, daughter-in-law or sister-in-law.
7. 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 or the Court may prescribe.
8. An Advocate shall not appear in or before any Court or Tribunal or any other authority for or against an
organisation or an institution, society or corporation, if he is a member of the Executive Committee of
such organisation or institution or society or corporation. “Executive Committee,” by whatever name it
may be called, shall include any Committee or body of persons which, for the time being, is vested with
the general management of the affairs of the organisation or institution, society or corporation.
Provided that this Rule shall not apply to such a member appearing as “amicus curiae‟ or without a fees
in a matter affecting the affairs or a Bar Council, Incorporated Law Society or a Bar Association.
9. An Advocate should not act or plead in any matter in which he himself is pecuniarily interested.
Illustration:
I. He should not act in a bankruptcy petition when he himself is also a creditor of the bankrupt.
II. He should not accept a brief from a company of which he is a director.
10. An Advocate shall not stand as a surety, or certify the soundness of surety, for his client required for
the purpose of any legal proceedings.
Section II—Duty to the Client
11. An Advocate is bound to accept any brief in the Courts or Tribunals or before any authority in or
before which he professes to practise 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.
12. An Advocate shall not ordinarily withdraw from engagements once accepted, without sufficient cause
and unless reasonable and sufficient notice is given, to the client. Upon his withdrawal from a case, he
shall refund such part of the fee as has not been earned.
13. An Advocate should 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 case, it becomes apparent that he is a witness on a material question
of fact, he should not continue to appear as an Advocate if he can retire without jeopardising his client’s
interests.
14. An Advocate shall at the commencement of his engagement and during the continuance thereof, make
all such full and frank disclosures to his client relating to his connection with the parties and any interest
in or about the controversy as are likely to affect his client’s judgment in either engaging him or continuing
the engagement.
15. It shall be the duty of an advocate fearlessly to uphold the interests of his client by all fair and
honourable means without regard to any unpleasant consequences to himself or any other. He shall
defend a person accused of a crime regardless of his personal opinion as to the accused, bearing in mind
that his loyalty is to the law which requires that no man should be convicted without adequate evidence.
16. An Advocate appearing for the 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.
17. An Advocate shall not, directly or indirectly, commit a breach of the obligations imposed by Section
126 of the Indian Evidence Act.
18. An Advocate shall not, at any time, be a party to fomenting of litigation.
19. An Advocate shall not act on the instruction of any person other than his client or his authorised agent.
20. An Advocate shall not stipulate for a fee contingent on the results of litigation or agree to share the
proceeds thereof.
21. An Advocate shall not buy or traffic in or stipulate for or agree to receive any share or interest in any
actionable claim. Nothing in this Rule shall apply to stock, shares debentures or government securities, or
to any instruments which are for the time being, by law or custom negotiable, or to any mercantile
document or title to goods.

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22. 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 person, any property sold in the execution of a decree
or order in any suit, appeal or other proceeding in which he was in any way professionally engaged. This
prohibition, however, does not prevent an Advocate from bidding for or purchasing for his client any
property which his client may himself legally bid for or purchase provided the Advocate is expressly
authorised in writing in this behalf.
23. An Advocate shall not adjust fees payable to him by his client against his own personal liability to the
client, which liability does not arise in the course of his employment as an Advocate.
24. An Advocate shall not do anything whereby he abuses or takes advantage of the confidence reposed in
him by his client.
25. An advocate should keep accounts of the client’s money entrusted to him, and the accounts should
show the amounts received from the client or on his behalf, the expenses incurred for him and the debits
made on account of fees with respective dates and all other necessary particular.
26. Where moneys are received from or on account of a client, the entries in the accounts should contain a
reference as to whether the amounts have been received for fees or expenses, and during the course of
the proceedings, no Advocate shall, except with the consent in writing of the client concerned, be at
liberty to divert any portion of the expenses towards fees.
27. Where any amount is received or given to him on behalf of his client the fact of such receipt must be
intimated to the client as early as possible.
28. After the termination of the proceeding the Advocate shall be at liberty to appropriate towards the
settled fee due to him any sum remaining unexpended out of the amount paid or sent to him for
expenses, or any amount that has come into his hands in that proceeding.
29. Where the fee has been left unsettled, the Advocate shall be entitled to deduct, out of any moneys of
the client remaining in his hands, at the termination of the proceeding for which he had been engaged,
the fee payable under the rules of the Courts in force for the time being, or by then settled and the
balance, if any, shall be refunded to the client.
30. A copy of the client’s account should be furnished to him on demand provided the necessary copying
charge is paid.
31. An Advocate shall not enter into arrangements whereby funds in his hands are converted into loans.
32. An Advocate shall not lend money to his client, for the purpose of any action or legal proceedings in
which he is engaged by such client.
Explanation—An Advocate shall not be held guilty of a breach of this rule, if in the course of a pending,
suit or proceedings, and without any arrangement with the client in respect of the same, the
Advocate feels compelled by reason of the rule of the Court to make a payment to the Court on account of
the client for the progress of the suit or proceeding.
33. An Advocate who has at any time, advised in connection with the institution of a suit, appeal or other
matter or has drawn pleadings or acted for a party, shall not appear or plead for the opposite party.
Section III—Duty to Opponent
34. An Advocate shall not in any way communicate or negotiate upon the subject matter of controversy
with any party represented by an Advocate except through that Advocate.
35. 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 rules of the Court.
Section IV—Duty to Colleagues
36. An Advocate shall not solicit work or advertise, either directly or indirectly, whether by circulars.
Advertisements, touts, personal communications, interview not warranted by personal relations,
furnishing or inspiring newspaper comments or procuring his photograph to be published in connection
with cases in which he has been engaged or concerned. His sign-board or name-plate should be of a
reasonable size. The sign-board or name-plate or stationery should not indicate that he is or has been
President or Members of a Bar Council or of any Association or that he has been associated with any
person or organisation or with any particular cause or matter or that he specialises in any particular type
of work or that he has been a Judge or an Advocate-General.

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37. An Advocate shall not permit his professional services or his name to be used in aid of or to make
possible, the unauthorised practise of law by any lay agency,
38. An Advocate shall not accept a fee less than the fee taxable under the rules when the client is able to
pay the same.
39. An Advocate shall not enter appearance in any case in which there is already a vakalat or memo of
appearance filed by an Advocate engaged for a party except with his consent, in case 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 only after obtaining the permission of the Court.
Section IVA
40. Every advocate borne on the Rolls of a State Bar Council shall pay to the State Bar Council a sum of Rs.
30 every third year, commencing 1st April, 1980, either at one time or in three equated instalments.
41. The aforesaid sum collected by the State Bar Council shall be credited to a separate fund to be known
as „Advocates Welfare Fund‟.
42. All sums so collected by the State Bar Council in accordance with Rule 40 shall be remitted to the Bar
Council of India forthwith, which shall be credited by the Bar Council of India to a separate fund to be
known as „Advocates Welfare Fund.‟
43. Every advocate borne on the rolls of a State Bar Council shall deliver on or before 1st April every year,
commencing from 1st April 1980 a declaration in the form prescribed.
44. Every Advocate borne on the Rolls of a State Bar Council shall enrol himself as member of a Bar
Association within the territory over which the said Bar Council exercises jurisdiction. Every declaration
under Rule 43 above, shall be accompanied by a certificate of the Secretary of that Bar Association,
certifying that he is a member and that he has paid all the dues of the Bar Association.
45. The name of every Advocate, who fails to pay the aforesaid sums within the prescribed time set out in
Rule 40 or fails to file the declaration under Rule 43 or makes any false statement in the declaration under
Rule 43 shall be removed from the Rolls of the State Bar Council.
46. Before the name of any Advocate is removed from the Rolls under Rule 45 the Secretary of the State
Bar Council shall serve on the Advocate concerned a notice to show cause against the removal of his name
and the cause shown, if any, shall be dealt with by the Chairman of the State Bar Council forthwith who, in
his discretion, shall pass such orders as he thinks fit.
Section V—Duty in Imparting Training
47. It is improper for an Advocate to demand or accept fees or any premium for any person as a
consideration for imparting in law under the rules prescribed by the Bar Council to enable such person to
qualify for enrolment under the Advocates Act, 1961.
Section VI—Duty to Render Legal Aid
48. Every Advocate shall in the practice of the profession of law bear in mind that any one genuinely in
need of a lawyer is entitled to legal assistance even though he cannot pay for it fully or adequately and
that within the limits of an Advocate’s economic condition, free legal assistance to the indigent and
oppressed is one of the highest obligations an Advocate owes to society.
Section VII—Restrictions on Other Employments
49. An Advocate shall not personally engage in any business but he may be a sleeping partner in a firm
doing business provided that, in the opinion of the Bar Council the nature of the business is not
inconsistent with the dignity of the profession.
50. An Advocate may be a Director or Chairman of the Board of Directors of a company with or without
any ordinary sitting, fee provided none of his duties are of an executive character. An Advocate shall not
be a Managing Director or a Secretary of any company.
51. An Advocate shall not be full-time salaried employee of any person, government, firm, corporation or
concern, so long as he continues to practise and shall, on taking up any such employment, intimate the
fact to the Bar Council and shall thereupon cease to practise as an advocate so long as he continues in
such employment.
Nothing in this rule shall apply to Law Officer of the Central Government or the Government of a State or
of any Public Corporation or body constituted by statute who is entitled to be enrolled under the rules of

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the Bar Council made under Section 28(2)(d) read with Section 24(1)(c) of the Advocates Act, 1961 despite
his being a full-time salaried employee.
52. An Advocate who has inherited, or succeeded by survivorship, to a family business may continue it,
but may not personally participate in the management thereof. He may continue to hold a share with
others in any business which has descended to him by survivorship or inheritance or by will, provided he
does not personally participate in the management thereof.
53. An Advocate may review Parliamentary Bills for a remuneration, edit legal text books at a salary, do
„press-vetting‟ for newspapers, coach pupils for legal examinations, set and examine question papers;
and subject to the rules against advertising and full-time employment, engage in broadcasting, journalism,
lecturing and teaching subjects both legal and non-legal.
54. Nothing in these rules shall prevent an Advocate from accepting, after obtaining the consent of the Bar
Council part-time employment provided that in the opinion of the Bar Council the nature of the
employment does not conflict with his professional work and is not inconsistent with the dignity of the
profession.
These rules shall be subject to such directives if any as may be issued by the Bar Council of India from time
to time

5. Professional misconduct.
Answer: 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.

The attributes of a profession are:
1. Existence of a body of specialized knowledge or techniques.
2. Formalized method of acquiring training and experience.
3. Establishment of a representative organization with professionalism as its goal.
4. Formation of ethical codes for the guidance of conduct.
5. Charging of fees based on services but with due regards to the priority of service over the desire of
monetary rewards.

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

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• 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.
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.

6. Discuss the powers and functions of bar council of India.
Answer:

The functions of Bar Council of India
Section 7 of the advocate Act 1961 provides that the functions of Bar Council of India shall be –

A) The functions of bar council of India shall be –
i) to lay down standards of professional conduct and etiquette for advocates; (See also....Professional
Misconduct)
ii) to lay down the procedure to be followed by its disciplinary committee and the disciplinary committee
of each state bar council.
iii) to safeguard the rights, privileges and interests of advocates.
iv) to promote and support law reform.
v) to deal with the disposal of any matter arising under the Act which may be referred to it by a state bar
council.
vi) to exercise general supervision and control over the state bar council.
vii) to promote legal education and to lay down standards of such education in consultation with the
universities in India imparting such education and the state bar council
viii) to recognize universities whose degree in law shall be a qualification for enrollment for an advocate
for that purpose to visit and inspect universities or cause the state bar council to visit and inspect
universities in accordance with such direction as it may be given in this behalf
ix) to conduct seminars and organize talks on legal topics by eminent jurist and publish journals and
papers of legal interest.

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x) to organize legal aid to the poor in the prescribed manner
xi) to recognize on a reciprocal basis foreign qualifications in law obtained outside India for the purpose
of admission as an advocate under this Act.
xii) to manage and invest the funds of the bar council.
xiii) to provide for the election of its members
xiv) to perform all other functions conferred on it by or under this Act
xv) to do all other things necessary for discharging the aforesaid functions

2) The bar council of India may constitute one or more funds in the prescribed manner for the purpose of
giving financial assistance to organize welfare schemes for indigent, disabled or other advocates Giving
legal aid or advice in accordance with the rules made in this behalf establishing law libraries

3) Bar council of India may receive any grants donations, gifts or benefactions for all or any of the
purposes specified in sub-section (2) which shall be credited to the appropriate funds constituted under
the sub section.
According to Section 7 (a) of the Advocate Act, 1961 the Bar Council of India may become a
member of international legal bodies such as the International Bar Association or International Legal Aid
Association, contribute such sums as it thinks fit to Such bodies by way of subscription or otherwise and
authorize expenditure on the participation of its representatives in any international legal conference
seminars.

Some of the important functions of Bar Council of India are as under -

I) Admission as advocate -
Section 20 of the Advocate Act provides that every advocate who was entitled as of right to practice
in the Supreme Court immediately before the appointed day and whose name was not entered in any
state roll may, within the prescribed time, express his intention in the prescribed form to the Bar Council
and on receipt thereof, the Bar Council of India shall direct that the name of each advocate shall, without
payment of any fee, be entered in the role of state Bar Council and the State Bar Council concerned shall
comply with such direction.
Section 19 - In this Section of the Advocates Act 1961, requires the State Bar Council to send copies
of rolls of advocate to the Bar Council of India. It provides that every State Bar Council shall send to the
Bar Council of India an authenticated copy of the roll of Advocates prepare by it for the first time under
this Act and shall, thereafter, communicate to the Bar Council of India all alterations and addition to, such
roll as soon as the same have been made.
Section 18 of Advocate Act 1961 makes provision in respect of transfer of name from one State roll
to another. It provides that any person whose name is entered as an advocate on the role of any State Bar
Council for the transfer of his name from the roll of State Bar Council to the roll of any other State Bar
Council and on receipt of any such application, the Bar Council of India shall direct that the name of such
person shall, without the payment of any few, be removed from the roll of the first mentioned State Bar
Council and be entered in the roll of the other State Bar Council and State Bar Council concerned shall
comply with such direction.
II) Appointment of committees and Staff members -
Section 9 of the Advocate Act empowers The Bar Council of India to appoint one or more
disciplinary committees, Legal aid committee’s u/s 9-A executive committee u/s 10(2), Legal Education
Committee, etc.
Section 11 of the Advocate Act empowered the Bar Council to appoint a secretary and accountant
and such number of other persons as may deem necessary the secretary and accountant, if any shall
possesses such qualification. It is mandatory that the Bar Council shall have a secretary.
III) Maintenance of Advocates etc. -

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Section 12 of the Advocate Act requires the Bar Council of India to m maintain such book of
accounts and other books in such form and in such a manner as may be described. The account shall be
audited by the auditor's duly qualified to act as auditors of the companies, at such as times and in such a
manner as maybe prescribed. The Bar Council of India shall send a copy of its accountants together with
the copy of the report of the auditors thereon to the Central Government and shall cause same to be
published in the Gazette of India.
IV) Rules making power -
The Bar Council of India shall make Rules under the provisions of Section 15 of the Advocate Act.
Section 15(2) of this Act provides that in particular and without prejudice to the generality of the
foregoing power. Such Rules may provide for the election of the members of the Bar Council, chairman
and Vice-chairman, Election disputes, filling of casual vacancies in the Bar Council, power and duties of
chairman and vice-chairman, constitution of one or more funds, organizations of legal aid, and meetings
conduct of business of any committee, management and investment of funds of Bar Council.
Section 49 of the Advocate Act confers on the Bar Council of India general power to make Rules for
discharging its functions under this Act.
V) Power to Punish for Professional or other misconduct -
Section 36 of Advocate Act 1961 empowers the Bar Council of India to punish an Advocate for
professional or other misconduct like suspending advocate from practice for such as it may deem feet and
remove the name of the Advocate from the state roll of Advocate. It has power to dismiss the complaint,
reprimand the Advocate.
VI) Appellate Power -
Section 37 of the Advocate act empowers the Bar Council of India to hear appeal against the order of
Disciplinary Committee of a Bar Council. Every such appeal shall be heard by the disciplinary committee of
Bar Council of India.
Section 38 provides that any person aggrieved by the order passed by the Disciplinary Committee of
Bar Council of India, maybe challenged within 60 days by way of appeal before Supreme Court.
VII) Other powers and functions of Bar Council of India -
• To give such financial assistance as it fit to the State Bar Council in need of funds for the purpose
of performing its function.
• To prevent a citizen of any country from practicing profession of law in India when that country
specified by the central government in this behalf, prevents citizen of India from practicing the
profession of law in their country.
• To call for the record of any proceedings from any State Bar Council or Committee thereof to see
legality and proprietary of such proceeding.
• To give its own order of any of its committee accept the disciplinary committee.
• To give direction to the State Bar Council or any other Committee thereof for the proper and
efficient discharge of the functions of the State Bar Council.

7. Define Disciplinary Committee and what are the powers and functions of disciplinary committee under
the advocates Act, 1961?
Answer: Introduction:
Section 42 of Advocates Act 1961, provides the Powers of Disciplinary Committee of a Bar Council.
The Provisions of this Section are same for both, the State Bar Council as well the Bar Council of India.

2. Constitution / Composition of Disciplinary Committee
According to Section 9 of Advocates Act 1961 A Bar Council shall constitute one or more
disciplinary committees, each of which shall consist of three persons of whom two shall be persons
elected by the Council from amongst its members and the other shall be a person co-opted by the Council
from amongst advocates who possess the qualifications specified in the proviso to sub-section (2) of
section 3 and who are not members of the Council, and the senior-most advocate amongst the members
of a disciplinary committee shall be the Chairman thereof.

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3. Powers of Disciplinary committee
1) The disciplinary committee of a Bar Council shall have the same powers as are vested in a civil court
under the Code of Civil Procedure, 1908 (5 of 1908), in respect of the following matters, namely —
(a) summoning and enforcing the attendance of any person and examining him on oath;
(b) requiring discovery and production of any documents;
(c) receiving evidence on affidavits;
(d) requisitioning any public record or copies thereof from any court or office;
(e) issuing commissions for the examination of witness or documents;
(f) any other matter which may be prescribed:
Provided that no such disciplinary committee shall have the right to require the attendance of —
(a) any presiding officer of a Court except with the previous sanction of the High Court to which
such court is subordinate;
(b) any officer of a revenue court except with the previous sanction of the State Government.
2) All proceedings before a disciplinary committee of a Bar Council shall be deemed to be judicial
proceedings within the meaning of sections 193 and 228 of the Indian Penal Code, 1860, and every such
disciplinary committee shall be deemed to be a civil court for the purposes of sections 480, 482 and 485 of
the Code of Criminal Procedure, 1898.

3) For the purposes of exercising any of the powers conferred by sub-section (1), a disciplinary
committee may send to any civil court in the territories to which this Act extends, any summons or other
process, for the attendance of a witness or the production of a document required by the committee or
any commission which it desires to issue, and the civil court shall cause such process to be served or such
commission to be issued, as the case may be, and may enforce any such process as if it were a process for
attendance or production before itself.

4) Notwithstanding the absence of the Chairman or any member of a disciplinary committee on date
fixed for the hearing of a case before it, the disciplinary committee may, if it so thinks fit, hold or continue
the proceedings on the date so fixed and no such proceedings and no order made by the disciplinary
committee in any such proceedings shall be invalid merely by reason of the absence of the Chairman or
member thereof on any such date:

Provided that no final orders of the nature referred to in sub- section (3) of section 35 shall be made in
any proceeding unless the Chairman and other members of the disciplinary committee are present.

Sub-section (3) of Section 35 :
"The disciplinary committee of a State Bar Council after giving the advocate concerned and the Advocate-
General an opportunity of being heard, may make any of the following orders, namely —
(a) dismiss the complaint or, where the proceedings were initiated at the instance of the State
Bar Council, direct that the proceedings be filed;
(b) reprimand the advocate;
(c) suspend the advocate from practice for such period as it may deem fit;
(d) remove the name of the advocate from the State roll of advocates."

5) Where no final order of the nature referred to in sub-section (3) of section 35 can be made in any
proceedings in accordance with the opinion of the Chairman and the members of a disciplinary committee
either for want of majority opinion amongst themselves or otherwise, the case, with their opinion
thereon, shall be laid before the Chairman of the Bar Council concerned or if the Chairman of the Bar
Council is acting as the Chairman or a member of the disciplinary committee, before the Vice-Chairman of
the Bar Council, and the said Chairman or the Vice Chairman of the Bar Council, as the case may be, after

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such hearing as he thinks fit, shall deliver his opinion and the final order of the disciplinary committee
shall follow such opinion.

8. Discuss the nature and functions of accounting/accountancy.
Answer: Meaning of Accounting:
Accounting is the recording, classifying and summarizing of business transactions in terms of money, the
preparation of financial reports, the analysis and interpretations of these reports for the information and
guidance of management and the public.
Meaning Of Law:
Law consists of rules made by authority for the proper regulation of community or society. Law means any
set of uniform principles which is generally followed. It if referred to those rules which are issued by the
State for determining the relationship of men in organized manner.

What Is The Relation Of Accounting To Law?
Many Laws are made related to relating to trade and industry; they are mostly presented in accounts. Law
of these sectors are Indian Companies Act, Sale of Goods Act, Partnership Act, Indian Contract Act, Sales
Tax, and Wealth Tax. All these Acts are related with the matter of money with their accounting system. In
order to understand and deal with all these Acts, one should have the preliminary knowledge of finances
and accounting.

Importance of Accounting in Advocate Profession / Need for Accountancy For Lawyers.
➢ Lawyers practice law for fee and earn income.
➢ In their profession they meet with certain expenditure. Thus, they have money transactions.
➢ Lawyers have to maintain accounts and for this they should have the knowledge of accounting.
➢ As a member of the Bar council, he should know the Bar council Accounting and the legal
provisions of Accounting of Bar Council.
➢ Advocate must know the accounting of Legal Services Authorities and the Supreme Court Legal
Services Committee as the government allots grants for legal aid to poor and deserving people.
➢ Advocates must know the accounting of Advocates as per Supreme Court Rules.
➢ Advocates must know the Welfare Fund Accounting as the Bar Councils maintain Welfare funds to
provide financial assistance for the needy advocates when they are disabled to earn and all the
advocates are the members of Welfare fund.
➢ Advocates must know to prepare the own accounts as every advocate is accountable to his client
for the amounts received from him. At the same time he is accountable to the government
according to the tax laws.
➢ An Advocate is bound to accept any brief in the courts or Tribunals.
➢ An Advocate should keep accounts of the clients.
➢ An Advocate shall furnish to the client a copy of the clients account on demand provided the
necessary copying charges are paid.
Where the fee has been left unsettled the advocate shall be entitled to deduct out of any moneys of the
client remaining in his hands, at the termination of the proceeding for which he had been engaged, the fee
payable under the rules of the Court, in force for the time being, or by then settled and the balance, if any
shall be refunded to the client.

9. Important branches of Accounting/Accountancy.
Answer:

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10. Bar Bench relations.
Answer: Introduction:
Bar-Bench relationship in law refers to the Advocates’ cordial relationship with the Judges. The Bar
(Advocates) and Bench (Judges) play a key role in administering justice. For the maintenance of the cordial
relations between the Bench and Bar, mutual respect is needed.
Bar and Bench are two parts of the same system, and when they operate in harmony, without which
justice cannot be effectively conducted in the courts.

Bar & Bench
The court hall where there are cases is composed of two parts, namely:
• The position where the judges are seated is called Bench.
• The position the Advocate is seated is called Bar.
The word ‘Bench’ refers to the judges and the ‘Bar’ refers to the Advocates. Bar-Bench relation implies the
cordial relation between the judges and the Advocates.

Faith in the judiciary to the general public and speedy justice depends primarily on the cordial relationship
between the judges and the lawyers, and the role of the lawyers is equally important to the judges in the
administration of justice. It is their joint responsibility to deliver justice.

Bar-Bench Position in the Administration of the Justice System
The Bar and the Bench play a significant part in judicial administration. According to Justice C.L. Anand,
there is no office of such power as the Judge is in the State. Judges have power far greater than any other
functionaries. The life and liberty of the common people, personal domestic happiness, wealth, and
integrity subject to the judges’ wisdom and hang on their decisions to the citizens. When there is no
protection left in life when the judiciary is corrupt, freedom dies, there is no guarantee in personal or
domestic happiness. The greatest need of a state is a strong, powerful, unbiased active and competent
judiciary. Courts would perform their duties on account of the role of the judges in the preservation of the
orderly society.

Bar-Bench Relations
Administration of Justice isn’t something that just involves the Bench. It also affects the Bench. To
preserve the cordial ties between the Bar and the Bench, mutual respect is necessary. Lawyers and Judges
have to support one another. The bar is the primary recruiting ground for Judges. And they are both a
member of the same culture. Bar and Bench will have cordial relationships with each other. But due to the
nature of the duties to be performed by advocates and judges, occasionally, funny, often heated and often
harsh, they may enter into dialogue.

Scandalizing the court by a lawyer also pollutes the very basis of justice and such behaviour by a lawyer
gives disrepute to the whole administration of justice.

An Advocate’s attitude towards the Tribunal should be one of universal reverence, regardless of the
Court’s position. Advocates Private opinion about the presiding officer, because he has to preserve the
integrity of the judiciary as an institution, he must not demonstrate in his actions. Likewise, it is the
judiciary‘s duty not only to be respectful towards the Bar members but to do everything possible to
promote the high traditions of the Bar.

A lawyer or judge’s uncourteous conduct or wrongdoing can amount to contempt of the court; there are
two forms of contempt of the court. For example, to use insulting language against a judge or to threaten
him with transfer or removal or to approach the judge in a loose manner or to challenge his authority to
ask questions or to make scandalous allegations against a judge etc. It amounts to Court contempt. He is

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responsible for his uncourteous act and is punishable by Court for such disrespect. The Court’s contempt
punishment is intended to protect public trust in the Administration of Justice system.

Role of the Bar to Strengthen Bar-Bench Relation
An Advocate will take the following steps to improve the relationship between the Bar and the Bench:

• We should show due respect to the courts, and stop talking ill of the courts and the judiciary.
• They will support the judges in the case trial by explaining the applicable laws in the right and
consistent manner. They should never act in such a way that the judges are annoyed.
• If the judges issue a false order, the judges should not be blamed. Upon appeal, they will try to set
the wrong order right.
• They should not put pressure on or manipulate the judges to receive favourable orders.
• If the Advocates’ treatment of judges is annoying and arrogant, he does not enter into direct
conflict with the judge. The matter should be discussed with the judge in his chamber through the
Bar Association and he shall request that such misconduct be avoided.

Bench‘s Role in Strengthening Bar-Bench Relations
The Judges should follow and practice the following steps to strengthen the Bar-Bench relationship:
• Judicial respect: Just as the Advocates respect the Judges, so should the Judges respect the
Advocates and the Judges of the Brethren.
• Patient Hearing: Judges should hear the case with an open mind and without prejudice or bias,
respectively. They will behave according to the benefit of justice. They will provide ample time for
the Advocates to present the case in full.
• Impartiality: Judges are supposed to act impartially. They are not supposed to act in favour of any
prosecutor or party to the conflict.
• Avoidance of Interruptions: Judges have to avoid interruptions whenever possible while the
Lawyer interviews witnesses and presents the argument. The Advocates may be offended by
unwarranted interference and negative remarks from the Judges and thus he may not be able to
present the case properly. A Judge’s intervention may be limited to the following factors:
o To avoid repetition and time-wasting
o To check pertinence
o For clarification
o To share an opinion of the courts on one point and
o To promote swift disposal of the case.
• Proper Interpretation: In the course of the administration of justice, the courts frequently have to
interpret the law, rules, codes, regulations, directives, notices, circulars, bylaws, etc. to assess the
real meaning of the statutes or to eliminate the confusion or incoherence. In these cases, a proper
explanation should be provided for the purpose of making the parties full justice.
• Avoiding Unreasonable Adjournments: adjournments are granted to provide the parties with a
reasonable opportunity to present the matter. Without fair and appropriate grounds, cases shall
not be adjourned where possible. Unreasonable adjournment is the main reason for the mounting
arrears of cases that cause the parties to suffer hardship.
• Speedy Disposal: ‘Justice deferred is justice denied’ will also be disposed of as soon as possible.
When preferential disposal of old cases is given, new cases should not be in arrears.
• Avoiding Unwarranted Comments: Judges should not make unwarranted open court comments
about the lawyer’s lack of knowledge of the law. They shouldn’t ask any lawyer to leave the trial,
without justification enough. Likewise, they should not ask any Advocate not to come hereafter to
his court.
• Knowledge of Law: Judges will have a deep knowledge of the law. We should be able to apply the
correct legislation to the evidence at hand and make the right decision.

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• Independence: The primary responsibility for maintaining and retaining judicial independence
rests with the judges.
• Integrity: A judge should be morally responsible and honest. He should have dignity in both
individual and intellect. The character and action should be deserving of praise.
• Industriousness: This means hard work and research frequently and systematically. A judge should
get to know the latest developments and changes in legislation by regularly updating the
knowledge.
• Meeting of Judges and Lawyers: At regular intervals meetings of Judges and Advocates are
scheduled to improve the Bar-Bench relationship. The problems of the respective sides can be
addressed in these sessions, and the disagreements can be worked out.
Conclusion
The Colonial System of Judicial Courts has not fully developed into a representative democracy. It is
therefore clear that the principles and thus the relationships between the Bar and the Bench have not
fully evolved as equally responsible functionaries for the proper discharge of legal justice. What the
current situation demands are a cordial and mutually-respectful Bar and Bench with the high aspirations
of people’s welfare and the protection of the constitutional, fundamental and human rights of the
aggrieved persons, citizens and others.
As the Bar and the Bench connect, they should not forget their own long-lasting integrity and the
dignity of the least man you might imagine. Our Father of the Country was also an advocate and his dream
was so. He too was both revered and tried for contempt by the Judges of the Indian Judiciary.