The legal profession and its responsibilities

Vande Matram my law friends. You are here to know about the legal profession and its responsibilities.

 

Introduction:

The legal profession is one of the oldest professions known to mankind and is having huge opportunities in today's modern world which is advancing and changing day by day. It is also one of the most important professions for the administration of justice and to maintain a balance between the legislature and the common people. It has been emphasized many times that, “A well-organized system of judicial administration proposes a properly equipped and proficient Bar.” Legal profession is always affected by the social, economical and political changes across the world. In India, the unitary character of India under its Constitution has influenced the country to have a unified bar. The pre-constitutional legal framework had to undergo a transformation for this purpose under the guidance of the Justice S R Das which led to the enactment of Advocates Act, 1961. 

A Lawyer and legal profession

Neither is the legal profession a trade or a business; nor is an attorney a trader or a businessman. A lawyer has got to remember that he is expected to be a gentleman in the true sense of the term in every little or big act in his profession. 

A lawyer, as part of a learned profession, has many obligations and duties of the honorable nature. It was not expected of a lawyer to bargain for any fee or to speculate on the result of litigation so as to determine his fees.

The responsibilities of a lawyer or advocate:

The Bar Council of India have made rules under section 49(1)(c) of the Advocates' Act 1961 prescribing the standards of professional conduct and etiquette to be observed by advocates. The rules so framed can be classified into five categories, viz., (1) duty to the court, (2) duty to the client, (3) duty to the opponent, (4) duty to colleagues and (5) restriction on other employment.

(1) First of all an advocate is having duty to the court. So 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 is having duty to the client. The main responsibility in this category is 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.

(3) As advocates are in the job of resolving disputes there are opponents and an advocate is having certain duty to the opponent. 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. He shall do his best to carry out all legitimate promises made to the opposite party even though not reduced to writing or enforceable under the rules of the Court.

(4) As there are thousands of advocates practicing across the country there are some duty to the colleague so that everyone will get fair chance of practicing the profession. An advocate shall not solicit work or advertise, either directly or indirectly, whether by circulars, advertisements, touts, personal communications, interviews 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.

(5) An advocate is practicing the profession for full time. Hence there are certain restrictions on his employment in other businesses. 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 appropriate State Bar Council, the nature of the business is not inconsistent with the dignity of profession.

 

Importance of legal profession:

The disputes can arise between any individuals, between any governments, between government and any person, and there are many more combinations of such disputes arising in society. And hence the legal profession is important because a) it helps in solving disputes between various entities, b) legal professional advise their clients the right legal remedy, c) legal professionals help in achieving legal remedy in the courts of law, d) the lawyers help the common people in upholding their basic rights, e) they help in preserving the Grundnorm i.e. constitution of our nation, f) They also help in maintaining a balance between the legislature, executive and judiciary.

Legal profession and Bar Councils

In India, the legal profession is regulated by Advocates Act, 1961. 

As per the Act, the State Bar Councils are constituted in each state of India (Section 3). The Bar Council of India is the All India Bar and is apex body to the state bar councils (Section 4). 

Members of Bar Council of India are - the Attorney General of India ex officio, the Solicitor General of India ex officio and one member elected from each of the State Bar Councils (Section 4).

The Bar Council of India lays down rules pertaining to standards of conduct and professional etiquette to be maintained by lawyers in court, with clients and opponents, and towards fellow advocates. The Bar Council of India is responsible for the promotion of legal education and lays down the standards of legal education in consultation with universities. Also it is responsibility of state bar councils to enroll the advocates on record.

Apart from the Bar Council of India and the State Bar Councils, almost every court in the country has Bar Associations of advocates that operate at a less formal level. These bar associations look after the welfare of advocates, represent their interests, and conduct numerous social and cultural activities of the bar, or even different sections of the bar.

Ethics and Bar Council of India:

The Bar Council of India still maintains strict standards with respect to the legal community. e.g. Rule 36 of the Bar Council of India Rules whereby the Indian Law firms/ lawyers are not allowed to advertise their practise in the market.  But it is evident that, Bar Council is also making rules as per the needs of globalisation and advancement in technology, from the amendment Rule 36 and add a proviso allowing advocates to maintain websites about themselves or their law firms in order to disseminate information, in order to enable people to make informed choices. The Bar Council of India is progressively reviewing the ethical standards with the demands of our time, in order to strike the best balance.

 

Conclusion

Among all the professions of the world, the Legal Profession is called the Noble Profession. This is because it often acts for noble causes for the common people and very basic foundation of this profession is noble. The Legal Practitioners act as the keepers and protectors of the law. Hence, they play a very important role in the society. Bar Councils are formed in each state of India with Bar Council of India as apex body. The role of Bar councils is to regulate the professional conduct in the legal profession in all aspects and to enroll the new advocates on record of the bar councils. BCI is having strict standards of the practice but it is also reviewing the impact of globalisation on the legal profession and making amendments in its rules as required.

References:

1) Importance of Legal Profession in India

2) Overview of the Legal Profession in India

3) Professional Responsibility of Lawyers