Legal professional ethics short questions and answers: 2

Vande Matram! In this article, you are going to read and note down the short question and answers related to legal professional ethics. Well all over the world the legal profession is having the same ethics. So let's begin.

Q11. A basic requirement for a profession is ___________.

Ans. adherence to a set of professional norms.

Q12. Professional ethics consists of a code of conduct for ______ of the individuals who are in that profession.

Ans. regulating the behavior.

Q13. In the legal profession, a lawyer must obey professional codes for ________.

Ans. fair dealing with the client and upholding self-possession.

Q14. Why observance of ethics of the legal profession is necessary?

Ans. The observance of the code of ethics for the legal profession is necessary for the stable growth of the efficient bar of councils in the country.

Q15. What are the main aspects of the duties of a legal professional?

The practicing lawyer shall have the social responsibility and dignity of the legal profession and a high standard of integrity and efficient service to his client as well as for public welfare.

Q16. Define professional ethics of legal profession?

Ans. a) The ethics of the practice of the legal profession is the body of rules and practices which determine the professional conduct of the members of the bar.

b) Professional ethics for lawyers may be defined as a code of members of the bar.

c) Professional ethics of lawyers may be defined as a code of conduct written or unwritten for regulating the behavior of a practicing lawyer towards society,  the court, the profession, his client, and towards himself.

Q17. How norms of professional ethics of a lawyer are fixed?

The norms of morals of the practicing lawyer shall be fixed keeping in view the intellectual standing of the high-level social responsibility and dignity of the legal profession and high standard of integrity and efficiency service to his client as well as the public good.

Q18. Who is an advocate in a judicial system?

An advocate is an officer of the Court and is required to maintain towards the Court a respectful attitude bearing in mind that the dignity of the judicial office is essential for the survival of the society. The Supreme Court has rightly observed that the legal profession is a partner with the judiciary in the administration of justice.

Q19. Is there a statutory regulatory body in India to regulate and monitor the conduct of lawyers?

Ans. Yes, The Indian government has established a statutory body known as The Bar Council of India under the Advocate Act, 1961 to regulate the professional conduct of an advocate.

Q20. How lawyers are considered?

Ans. The Lawyers are considered to be the center of the administration of justice. 

Thanks for reading till the end. Please share this with all legal professionals. 

Legal professional ethics: Short questions and answers 1

Vande Matram! In this article, you are going to read and note down the short question and answers related to legal professional ethics. Well all over the world the legal profession is having the same ethics. So let's begin.

Q1. Ethics are nothing but the _____ of the behavior with others.

Ans. Ethics are nothing but the fundamental requisite of the behavior with others.

Q2. What do ethics denote?

Ans. Ethics denotes human behavior to make decisions between what is correct and what is wrong.

Q3. What is ethics?

Ans. Ethics is the science of morals and rules of conduct.

 Q4. How do ethics add value to life?

Ans. Ethics examines human conduct and lays down rules of duties and ideal conduct dealing with the value of life. Ethics concentrates on principles affecting man's conduct to determine the standard of right and wrong.

 Q5. Define ethics.

Ans. Ethics is defined as that branch of philosophy dealing with values relating to human conduct concerning the rightness and wrongness of certain actions and to the goodness and badness of motives and the end of such actions.

Q6. What is professional ethics?

Ans. Professional ethics are those set of codes or moral principles that govern a person's conduct in a professional workplace or work life.

Q7. Professional ethics consist of _____________.

Ans. Professional ethics consist of those fundamental values on which the profession has been built.

Q8. Towards whom a lawyer is having duties for the observance?

Ans. Legal ethics is one of the professional ethics which lays down certain duties for the observance of members of the legal profession i.e. advocate, which he owes to the society, to the court, to the profession, to his client, and to himself.

Q9. Legal profession has been created not for ____(i)____ but for the _____(ii)_____.

Ans. (i) private gain (ii) public good

Q10. Legal profession is not a ____(i)____  but a branch of the _____(ii)_____.

Ans. (i) money-making occupation (ii) administration of justice.

What is the meaning of Professional Ethics in legal profession?

Vande Matram! In this article, you are going to know about the meaning of the professional ethics of an advocate. Well all over the world the legal profession is having the same ethics. So let's begin.

Introduction:

We are humans the rational beings. We have to follow some ethics when we are living in human society. As human evolution was in the process from various ages of history, many advancements took place, and developing certain behavioral values had become the need of society. Ethics are nothing but the fundamental requisite of the behavior and your good behavior with others will decide your value in society. Good professional ethics means a valuable professional of the society. Ethics denotes human behavior to make decisions between what is correct and what is wrong.

Meaning of ethics:

Ethics is the science of morals and rules of conduct. Ethics examines human conduct and lays down rules of duties and ideal conduct dealing with the value of life. Ethics concentrates on principles affecting man's conduct to determine the standard of right and wrong. Ethics is defined as that branch of philosophy dealing with values relating to human conduct concerning the rightness and wrongness of certain actions and to the goodness and badness of motives and the end of such actions.

Meaning of Professional Ethics:

Professional ethics are those set of codes or moral principles that govern a person's conduct in a professional workplace or work life. Professional ethics consist of those fundamental values on which the profession has been built. Legal ethics is one of the professional ethics which lays down certain duties for the observance of members of the legal profession i.e. advocate, which he owes to the society, to the court, to the profession, to his client, and to himself.

The behavior of an individual with others is considered as values that are generally cultured as an element of ethics. Subsequently, these ethics transform into regard for and acquiescence to the law and the legal authorities.

Professional ethics for lawyers:

The legal profession is a profession of great honor. It has been created not for private gain but for the public good. It is not a money-making occupation but a branch of the administration of justice.

A basic requirement for a profession is adherence to a set of professional norms. Professional ethics consists of a code of conduct for regulating the behavior of the individuals who are in that profession. In the legal profession, a lawyer must obey professional codes for fair dealing with the client and upholding self-possession. The observance of the code of ethics for the legal profession is necessary for the stable growth of the efficient bar of councils in the country.

The practicing lawyer shall have the social responsibility and dignity of the legal profession and a high standard of integrity and efficient service to his client as well as for public welfare. 

The ethics of the practice practices legal profession is the body of rules and practices which determine the professional conduct of the members of the bar. Professional ethics for lawyers may be defined as a code of members of the bar. Professional ethics of lawyers may be defined as a code of conduct written or unwritten for regulating the behavior of a practicing lawyer towards society,  the court, the profession, his client, and towards himself.

The norms of morals of the practicing lawyer shall be fixed keeping in view the intellectual standing of the high-level social responsibility and dignity of the legal profession and high standard of integrity and efficiency service to his client as well as the public good.

An advocate is an officer of the Court and is required to maintain towards the Court a respectful attitude bearing in mind that the dignity of the judicial office is essential for the survival of the society. The Supreme Court has rightly observed that the legal profession is a partner with the judiciary in the administration of justice.

The legitimate profession, through the Bar and the law corporations, must aid and monitor its lawyer-members to emancipate their ethical bonuses, while the administrative authority of the Supreme Court must be authoritarian though unbiased and evenhanded. The Indian government has established a statutory body known as The Bar Council of India under the Advocate Act, 1961 to regulate the professional conduct of an advocate.

Conclusion:

Thus we can conclude that ethics are the rules of moral behavior of humans. As the legal profession is a partner in the administration of justice it is necessary for every person related to the legal profession from judge to lawyer to observe the set of professional norms for the public good and to perform his duties towards society,  the court, the profession, his client, and towards himself.

Section 238 - Effect, on agreement, of misrepresentation or fraud by agent

 

Misrepresentations made, or frauds committed, by agents acting in the course of their business for their principals, have the same effect on agreements made by such agents as if such misrepresentations or frauds had been made or committed by the principals; but misrepresentations made, or frauds committed, by agents, in matters which do not fall within their authority, do not affect their principals.

Illustration

(a) A, being B's agent for the sale of goods, induces C to buy them by a misrepresentation, which he was not authorized by B to make. The contract is voidable, as between B and C, at the option of C.

(b) A, the captain of B's ship, signs bills of lading without having received on board the goods mentioned therein. The bills of lading are void as between B and the pretended consignor.

Study Notes:

The Section 238 is all about Agent guilty of Fraud. Where an Agent is guilty of fraud or misrepresentation in matters that are outside the scope of his authority, he is personally liable, and do not affect his Principal.

Thus According to Section 238, The Principal is liable for any fraud or misrepresentation made by his agent during the course of his business, as if the fraud or misrepresentation was done by the Principal himself.

The liability of the principal is based on the rule ‘Qui facit per alium facit per se’, which means the act of the agent is the act of the principal.

In fact if an agent commits a tort or other wrong (e.g. misrepresentation, fraud, etc.) during his agency whilst acting within the scope of his actual or apparent authority, the principal is liable. But the agent is also personally liable and he may be sued also. The principal is liable even if the tort is committed exclusively for the benefit of the agent and against the interests of principal.

Under section 238 of the Act misrepresentation or fraud committed by an Agent may be classified into two categories:-

i) Under his actual or ostensible authority. the principal is liable for the acts which fall under actual or ostensible authority.

ii) Which is not covered within his authority, the principal is not liable for the acts which do not fall under actual or ostensible authority. Where an Agent is guilty of fraud or misrepresentation in matters that are outside the scope of his authority, he is personally liable, and do not affect his Principal.

Depending upon the acts of an agent, the fraud or misrepresentation done by agent following are the variations: -

Agent exceeds authority & act not ratified: Where an Agent acts either without any authority or exceeds his authority, he shall be held personally liable when the principal does not ratify his acts.

Agent receives or pays money: Where an Agent receives or pays money by mistake or fraud to a third party, he shall be personally liable to such third party. Also he can personally sue the third party if the fraud or mistake is accountable to such third party.

Personal liability of an agent to third party: -

An agent is personally liable in following cases:

a) where agent has agreed to be personally liable to the third party.

b) where an agent acts for a principal residing abroad.

c) when an agent signs a negotiable instrument in his own name without making it clear that he is signing it only as agent.

d) when an agent acts for a principal who cannot be sued (e.g. minor principal).

e) an agent is liable for a breach of warranty of authority. Where a person contracts as agent without any authority, there is breach of warranty of authority. He is liable to the person who has relied on the warranty of authority and has suffered loss.

f) Where authority is one coupled with interest or where trade, usage or custom makes the agent personally liable, he will be liable to the third party.

g) he is also liable for the torts committed in the course of agency.

Case Laws:

1) A leading case on this subject is of Lloyds v/s Grace Smith in which it was held that a principal is liable for the fraud of his agent within the scope of his authority whether the fraud is committed for the benefit of the Principal or for the benefit of Agent.

2) National Bank of Lahore v. Sohan Lal: - the manager of a bank, tampered with the locks of the lockers in which plaintiffs’ valuables were kept, the bank was held vicariously liable for the loss which has been caused to a customer due to the theft of their valuables from the lockers.

===============

 

 

C001 Hours of Work (Industry) Convention, 1919

 ü Vande Matram! India always supported International Law since the era of British Rule. For that India had signed many treaties and conventions. So you are welcome in the series of Treaties Ratified by India.

ü Let’s talk about a convention related to labor which is ratified by the Government of India with the International Labour Organisation (ILO).

ü Since 1919, means since the time of the inception of ILO, India is implementing labor laws in its territory.

ü C-001 Hours of Work (Industry) Convention, 1919 is the very first convention of ILO.

ü It was adopted in General Conference held in Washington and organized by the US government on Dt. 29^th October 1919.

ü Due to this convention the limit of maximum hours of working was fixed, which is 8 hours per day and 48 hours per week.

ü And hence the even today in all companies across the world the time of one working shift is 8 hours.

ü Convention is currently open for denunciation.

ü In 1919, Narayan Malhar Joshi who was the leader of the Indian Trade Union represented the labor of India in the ILO General Conference held in Washington.

If you want to know more about Narayan Malhar Joshi then let me know in the comments. Bharat Mata ki Jay.

C-127 Maximum Weight Convection 1967

 Vande Matram! In this article, I am sharing some one-liners about C-127 Maximum Weight Convention, 1967.

·        This is a labor welfare-related treaty and is concerned with permissible weight to be carried by one worker.

·        Date of Adoption: 28th June 1967

·        Date of coming into force: 10th March 1970

·        Place: Geneva

·        Passed in General Conference of International Labour Organisation (ILO)

·        It was the 51^st session of ILO conducted on 7^th June 1967

·        As per the C-127 convention of ILO, “Manual transport of loads” means any transport in which the weight of the load is wholly by one worker, it covers the lifting and putting down of the loads.

·        As per the C-127 convention of ILO, “Regular Manual Transport of Loads” means which is continuously and principally devoted to the manual transport of the loads, or which normally includes, even though intermittently, the manual transport of loads.

·        As per the C-127 convention of ILO, “young worker” means a worker under 18 years of age.

·        This convention applies to all branches of economic activities.

·        As per Article 3 of C-127, if carrying loads is creating serious health hazards to a person then such person shall not be permitted to do the job of manual transportation of loads.

·        Article 5 of C-127 makes it compulsory that a worker who is assigned a job of manual transport of loads on regular basis should be trained adequately to avoid any health hazards as well as accidents.

·        Article 7 of C-127 limits the number of women and young workers for manual transport of heavy loads, and if they are assigned for this work then they must carry substantially lesser load permissible to carry for adult male workers.

·        The ratification of the members must be registered with the Director-General of ILO

·        After ratification, the member nation should implement the provisions of this C-127 by way of laws and acts as per the national practice within 12 months from such ratification.

·        India ratified the C-127 convention of ILO on 26^th March 2010 and it is now in force in India.

==================

Thanks for reading till the end. Please share this with friends and family and comment me the treaty name you want to know more about.

MoU between India and Kyrgyz

 

Date of MoU: Signed and came into force on 11^th October 2021.

It is signed for bilateral cooperation. It is a bilateral type as only two nations are involved through their respective governments.

Basically by this MoU India will grant aid to Kyrgyz for the socio-economical development of Kyrgyz. By this MoU projects related to the socio-economic development of Kyrgyz, livelihood support, women empowerment, child welfare, and facilitation of community life, education, health training, agriculture, agro-industry, micro-irrigation, renewable energy, trade, transport, and communication, etc. will be funded by a Government of India.

This MoU is valid for the next five years.

This MoU was signed by the representatives of the Government of the Republic of India and the Government of the Republic of Kyrgyz.

The MoU was signed originally in Hindi, Kyrgyz, Russian and English languages. As it is the basic requirement of international treaties that they should be translated into the official languages of the involved nations.

Comment below to know about Kyrgyz.