This article is written by Moyesha Sharma
PROFESSIONAL ETHICS
Conduct sets standards about a profession and the people engaged in it. The term ‘ethics’ is derived from the Greek word, ‘ethos’ which means character[1]. The actions that characterize a person’s professional conduct are known as their professional ethics. While morality and righteousness are typically linked with ethics, professional ethics are primarily concerned with etiquette and making judgments that will benefit a person’s profession. These provide direction for decision-making in a professional arena. These codes of conduct establish specific expectations from a person belonging to a certain field like law, research, medicine, etc., even though an individual may make decisions based on his own choice.
INTRODUCTION
The legal system is a system known for its uniqueness which lies in its integrity, so it becomes crucial to uphold the dignity of the profession by adhering to certain ethical standards. The legal guidelines help lawyers, advocates and other legal professionals in interacting with clients, judges, co-workers etc. Promoting public trust in the system and upholding the dignity of the profession. The framework providing for these standards in India is mentioned in the Advocates Act, 1961 while the Contempt of Courts Act, 1971 defines powers of courts to punish legal professionals for misconduct which could bring down the dignity of the profession.
HISTORICAL DEVELOPMENT OF PROFESSIONAL ETHICS IN INDIA
In ancient India, rulers were considered to be guardians of justice[2]. The behavior of society was guided by religious norms. Standards were set for presentation of issues in the kings’ courts. Ethics were also associated with dharma, meaning what ought to be morally right[3].
The British established formal courts in the provinces of Bombay, Madras and Calcutta through the charter of 1726[4]. Following independence, laws were created to establish guidelines for the conduct of the nation’s legal professionals. Committees were also established. These laws have changed over time in response to societal demands and moral norms.
ISSUES AND RELEVANT CASE LAWS
Law is a noble profession, and legal practitioners are considered to be guardians of Justice for all members of the society. In the case of Noratanman Courasia vs M. R. Murali, the extent of the word ‘misconduct’ was discussed where the advocate assaulted the complainant and asked him to refrain from proceeding with the case[5]. The Supreme Court said that such behavior isn’t expected of him as an advocate and the word ‘misconduct’ has no definition, but it acquires its meaning from the context.
It is to be noted that everyone has a right to access to justice. There can be times when, because of strikes, boycotting courts or other similar reasons, justice could be delayed. That is why the Supreme Court argued that lawyers need to follow certain guidelines for doing strikes. In the case of Harish Uppal vs Union of India, the Apex court unequivocally ruled that lawyers do not have ethe right to go on complete strike[6].
Being a competent profession, the legal profession requires dedication and commitment, that is why it cannot be practiced with any other profession. In the case of Dr. Haniraj Chulani vs. Bar council of Maharashtra[7], the Supreme Court stated that an advocate cannot be allowed to practice any other profession.
It is essential for the legal practitioners to abide by the procedures of courts for the common people to trust and respect these institutions. The importance of following appropriate procedures was discussed in the case of Supreme Court Bar Association vs Union of India[8]. Also, everyone is equal in the eyes of the law, and no one can escape from the consequences of disrespecting the legal and judicial institutions in the country. In the interesting case of Justice C. S. Karnan[9], it is clearly seen that any action to bring down the dignity of these institutions shall be considered a grievous contempt and shall be dealt with suitable consequences.
Apart from these, there are various skills a lawyer ought to possess, these are honesty, courage, industry, eloquence, wit, judgement and fellowship. These are popularly known as the seven lamps of Advocacy[10]. The 8th lamp of TACT was added by an Indian Justice V. K. Aiyer[11]. This skill is necessary to apply the other lamps appropriately.
From the above cases it could be inferred that the Judiciary and the whole legal system itself has set standards for the professionals working in it. It is the moral responsibility of each and every person to meet these standards and any deviation from these shall be dealt with accordingly.
KEY PRINCIPLES
As noted earlier, the legal profession is a noble profession and thus it works on certain key values established by following some principles. Let us explore some of them:
Client confidentiality is essential for lawyers to win the trust of their clients. Beyond this, mannerisms and way of communication are crucial for a lawyer. A good lawyer must be a good communicator. The mannerisms create a sense of respect for the profession. Social responsibility is another principle which upholds the integrity of the profession. Legal practitioners are considered to be guardians of justice; hence they should act responsibly to maintain public trust in the profession. The professionals in this field often require patience and great comprehending skills while dealing with cases. Law is a wide area, and a lawyer must be well aware of things. As said by Julius Stone, “A lawyer must know everything about something and something about everything”[12].
ETHICAL DILEMMAS BETWEEN ETHICS AND MORALITY
Legal professionals may face situations where they are in a tight spot facing various ethical dilemmas.
- There may be situations where representing a client’s case may be against a professional’s own principles and personal values[13]. Rule 11 of BCI states that, “It is by rule which binds the advocate to work and accept a brief in a court where he has proposed to practice at a consistent fee which is according to the brief he is undertaking. However, he may elect to refuse to do so only under special circumstances[14].”
- Jurists are often required to act impartially while handling emotionally charged cases[15]. At times, they might be well aware of the culprit or the case but in spite of that because of lack of evidence might have to rule in favor of them.
- It is the duty of the lawyer to ensure the case’s confidentiality; lawyers must know to balance the facts which shall be made known to the courts and the other party keeping in mind not to disclose any facts which are against his client’s interest. This would establish trust between the clients and the lawyers.
- Lawyers, while representing their clients, must keep in mind their responsibility towards society, upholding justice and fairness[16]. This usually happens in criminal cases, where they have to face such stressful situations.
CONCLUSION
Professional ethics are standards of behavior that legal professionals should adhere to when practicing their profession. They are a byproduct of how the legal profession has evolved. In simple terms it’s Lawful morality.
[1] ——, “PROFESSION ETHICS AND ADVOCACY – Legal Vidhiya” (Legal Vidhiya –, December 3, 2023) <https://legalvidhiya.com/profession-ethics-and-advocacy/>
[2] “——” <https://www.legalserviceindia.com/legal/article-7695-legal-profession-in-india-evolution-historical-development-and-regulations.html>
.
[3] Gurnani N, “Dharma and Law” (Academike, May 12, 2015) <https://www.lawctopus.com/academike/dharma-and-law/>
[4] “——” <https://www.legalserviceindia.com/legal/article-7695-legal-profession-in-india-evolution-historical-development-and-regulations.html>
[5] Professional misconduct of lawyers in india. “——” <https://www.legalservicesindia.com/article/1665/Professional-misconduct-of-lawyers-in-india.html>
.
[6] (2003 )2SCC 45
[7] AIR 1996, SC 1708
[8] AIR 1998 SC 1895
[9] “The Curious Case of Justice Karnan.” Economic and Political Weekly, 9 May 2017, “——” (Economic and Political Weekly, May 9, 2017) <https://www.epw.in/journal/2017/18/web-exclusives/curious-case-justice-karnan.html>
.
[10] “The Seven Lamps Of Advocacy : Edward Abbott Parry : Free Download, Borrow, and Streaming : Internet Archive” (Internet Archive, 1923) <https://archive.org/details/nlsiu.340.028.par.24760/page/n5/mode/2up>
[11] “Seven Lamps OF Advocacy – SEVEN LAMPS OF ADVOCACY INTRODUCTION Judge Edward Abbott Parry Brought the – Studocu” (Studocu) <https://www.studocu.com/in/document/panjab-university/professional-ethics-and-professional-accounting-system/seven-lamps-of-advocacy/93277469>
[12] Dubey S, “‘A Lawyer Should Know Something about Everything and Everything about Something’. Julius Stone” (June 1, 2023) <https://www.linkedin.com/pulse/lawyer-should-know-something-everything-julius-stone-surya-dubey/>
[13] Sapra R, “4 Common Ethical Pitfalls For Lawyers And Ways To Mitigate Them” (Legal Consulting Pro, May 1, 2024) <https://legalconsultingpro.com/4-common-ethical-pitfalls-for-lawyers-and-ways-to-mitigate-them/>
[14] “Ethical Dilemma Of Lawyers During The Formation Of A Lawyer Client Relationship” <https://www.legalserviceindia.com/legal/legal/legal/article-11828-ethical-dilemma-of-lawyers-during-the-formation-of-a-lawyer-client-relationship.html>
[15] “What Ethical Issues Do Lawyers Face?” <https://legalknowledgebase.com/what-ethical-issues-do-lawyers-face>
[16] “What Are Common Ethical Dilemmas Encountered by Lawyers? – Lawyer Experts” (May 28, 2024) <https://lawyerexperts.net/qa/what-are-common-ethical-dilemmas-encountered-by-lawyers/>
