Professional ethics of a lawyer:

Vande Matram! In this article, a list of various duties of an advocate is given. All over the world same duties, an advocate has to fulfill. But the list is in the perspective of India according to the Advocates' Act, 1961 and Bar Council of India Rules. Let's begin.

Introduction:

In the legal profession, a lawyer must obey professional codes for fair dealing with the client and upholding self-possession. A lawyer is having duties towards his profession, the society, the court, the client, the opponent, his colleague, nation, and himself.

As per section 7(1)(b) of the Advocates’ Act 1961, the council has to lay down standards of professional conduct and etiquette for advocates. And section 49(1)(c) of the Advocates’ Act 1961 allows the bar council of India to make rules to suggest the standard of professional conduct to be observed by advocates. Bar Council of India has framed the rules under part VI of chapter II dealing with the standard of professional conduct of lawyers. This chapter state 39 rules or duties of the lawyer against the court, client, opponent, etc. These rules or duties of the lawyer, in brief, are as follows:

Lawyer’s duties towards the court:

a) to maintain a respectful attitude and dignity towards courts.

b) not to impact the decision of a court by any unlawful or inappropriate means.

c) use his best effort to avoid his client from doing unfair practices.

d) to appear in the court in the prescribed dress and a presentable manner.

e) to wear bands or gowns in courts only or ceremonial occasions and not in public places.

f) not to plead in any matter in which he is himself interested.

g) if he is a member of the Executive Committee of an organization or corporation then he cannot appear in or before any court or any other authority or represent the case of that organization.

Lawyer’s duties towards client:

a) once accepted then cannot withdraw from actions or engagements, without appropriate cause.

b) should not accept and appear in a case in which he has reason to believe that he will be a witness.

c) to make full disclosure against his connection with the parties or interest before the commencement of engagements or during the process.

d) support the interests of his client by all moral means.

e) not to overpower any material or evidence, which shall prove the innocence of the accused.

f) not to reveal the communications or talk made by his client to him.

g) not to charge for his services depending on the success of the matter taken.

h) does not adjust the fee payable to him by his client against his liability to the client.

i) to keep proper accounts of received money from clients and to provide a copy of statements to clients also and in case of cancellation of proceedings, adjust the fee.

j) and cannot make payments in favour of clients or cannot lend money to him for legal proceedings.

k) if he has advised the party in a matter with the institution of suits, then he cannot appear for the opposite party for the same matter.

Lawyer’s Duties towards opponent:

a) he cannot communicate or negotiate with any party represented by an advocate except through that Advocate upon the subject matter of conflict.

b) to carry out all valid promises made to the opposite party on account of settlement.

Lawyer’s duties towards colleagues:

a) an advocate has an obligation to colleagues that he will not solicit work or advertise, either directly or indirectly. The sign-board or name-plate should be of a reasonable size, and that board will not show that he is a member on bar council or he is or has been president of bar council or he is or has been with some organization or with matters of particular specialization, etc.

b) he shall not be allowed to use his name in aid or professional service.

c) when a client can pay the fee then he will not accept a fee less than taxable under rules.

d) not enter in the appearance of any case in which there is already a memo was filed by an advocate, except with his consent or parties' consent.

Lawyer’s duties towards nation:

a) shall endeavor to make the laws suitable to the well-being of the people.

b) shall guard the liberty and freedom of the people.

c) should protect fundamental and human rights and respect the constitution of the nation.

d) should strive for social legislation to accelerate the advent of socialistic pattern of society in India by dedicating to the public service.

e) shall uphold the integrity and Unity of the nation 

f) shall educate the people to respect the law and respect for the courts and the judges.

Lawyer’s duties towards society:

a) shall establish  Legal Aid Societies to render legal assistance to really poor and deserving persons free of any charge.

b) shall help the people local bodies such as panchayats in villages to function on sound lines, so that the people may discharge their functions in an enlightened and responsible manner.

c) shall provide Legal education to the illiterate and working people by informing them of the rights and legal provisions in simple language.

d) shall compose family differences and Settle petty Disputes and controversies by amicable settlement.

e) shall educate the masses on the right lines to come out of many social ills from which people are suffering.

f) shall work with social welfare committees to promote social order in which justice, political, economic, and social will be assured to one.

Lawyer’s duties towards himself:

Advocates should maintain their high tradition of fearless independence, probity, and integrity, and lineup to the noble ideas and dedicate their lives for the vindication of the truth and justice and also for the good of the common man.

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