Syllabus for

PROFESSIONAL ETHICS

COURSE OBJECTIVES:

“In law a man is guilty when he violates the rights of others. In ethics he is guilty
if he only thinks of doing so.”

A lawyer‟s job is as important as that of a doctor‟s as both of them have power to save the life of
a person who comes to seek their professional service. Vested with vast powers, legal
professionals are also imposed with vast duties and responsibilities to which they are morally as
well as legally bound. Failure of such duty can invite criticism as well as legal sanctions
including suspending such advocate from practicing and removing his name from the Roll of
advocates. Hence, knowledge of such duties, responsibilities and sanctions is indispensable for
an advocate to have a better professional career.

Legal profession developed at various stages, which underwent vast changes during the period of
British rule in India. The course throws light upon the scenario of legal profession in India
during different periods - ancient, medieval and modern period. Hence the nature of legal
education and legal profession and its development will be analyzed in the course. The impact of
globalization on legal education, profession and practice will also be a part of curriculum. 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 more for a person who is not a member of the Bar, or for a member of the bar in
his non-professional capacity may still be improper for an Advocate, without prejudice to the
generality of the foregoing obligation, an Advocate shall fearlessly mentioned both in letter and
in spirit. A lawyer being a member of the legal profession owes certain duties towards the
society, court and country at large. The sources of such duties including code of ethics, statutes
like Advocate‟s Act, Bar Council of India Rules, etc will be a part of the course.

Every profession has rules of ethics to which its members are bound and the one who violates
them will be imposed with liability in various forms. Likewise, a lawyer who does not follow
ethical and other rules of professional conduct can be censured and can also be suspended from
law practice or even disbarred. This course will introduce students to the rules of professional
ethics which applies to lawyers in India. This course is designed with a main purpose of making
law students [on the verge of completing their law course] to get acquainted with, analyze and
critically examine such rules of professional ethics.

The role played by Bar Councils in regulating legal profession and the provisions of law
including those from The Advocates Act, 1961 will be the core module of the course. The
powers vested with Bar Council, provisions dealing with regulation of legal profession and legal
education, issues relating to contempt proceedings will be discussed in detail.

Evaluation

Attendance : 05
Snap Test : 10
Research Projects : 15+10 [Project+ Viva]
Mid Semester Examination : 20
End Semester Examination : 40
Total : 100

Course Module
MODULE I: HISTORY OF LEGAL PROFESSION IN INDIA:

Ancient legal texts including Manusmriti, Arthashastra, Quran refers tothe law, advocates,
judges and courts. Law and lawyers existed andplayed an important role at all times, even in
ancient period. Thesystem underwent certain changes during medieval and the period ofBritish
rule. Our present legal system including the judicial is to alarge extent based upon the British
legal and judicial system. Thismodule contains the study of legal profession in India in
ancient,medieval and especially the changes which the profession underwentduring British rule
and other related aspects essential to understandthe history of legal profession in India.

MODULE II: LEGAL EDUCATION IN INDIA:

The system of legal education, as existed in India during various periods,the changes it
underwent during British rule, the introduction ofthree and five year courses making the system
more qualitative, theimpact of globalization upon the legal system, particularly upon thelegal
education, etc will be the issues covered under this module. Therole played by Bar Council,
UGC and other bodies in regulating legaleducation in India, the suggestions made by Law
Commission ofIndia in its 184th Report will also be discussed.

MODULE III: PROFESSIONAL ETHICS AND DUTIES OF LAWYERS:

“Ethics is basis of a civilized and organized society. Ethics is a system, aphilosophy of conduct
of principles practiced by a person or group ofpersons. Every profession has its code of conduct,
pertaining to right andwrong in conduct based on the principles of morality.” The need
andnecessity of ethics in the legal profession, relevant theories explaining itsvalue and relevance
in legal profession will be the core issue ofdiscussion under this module.
In addition, duties of lawyers towards his clients, court, public, his fellowattorneys, self, society,
etc., will also be undertaken for discussion.Indian code of ethics will be discussed in comparison
with that ofAmerican Code and other countries will be taken up for discussion.
An advocate should practice law for the purpose of administering justiceand making a living
afterwards. The module will also include role playedby a lawyer in the administration of justice.
The discussion will alsocover issues like an advocate‟s duty towards legal reform, duty to
providelegal aid, etc.

MODULE IV: ESSENTIAL SKILLS OF A LAWYER:

“The good lawyer is not the man who has aneye to every side and angle of contingency,and
qualifies all his qualifications, but whothrows himself on your part so heartily, thathe can get you
out of a scrape.”
The skills essential for a lawyer to have a good practice and professionwill be discussed in brief.
According to J. Abbot Parry, in his „The Seven Lamps of Advocacy‟, alawyer must have seven
qualities to succeed in his profession, viz.,honesty, courage, industry, wit, eloquence, judgment
and fellowship. Allthese and other skills and other qualities expected by an advocateincluding his
character, tact, patience, perseverance and the need ofthese for a successful professional career
will be covered in the module.

MODULE V: OTHERPROFESSIONAL:
This module will cover in brief the other aspect which needs to be knownby a lawyer like the
following:
- „management‟ of time, men, resources, his office, etc
- „accountancy‟ knowledge for lawyers [like evidentiary aspects,interpreting financial
accounting statements in the process oflawyering, etc]
- Lawyers in the court – court etiquette, duty in the court

MODULE VI: RIGHTS & INTERESTSLIMITATIONS OF SUCH RIGHTS:

The rights to practice, right to argue his case, right over his professionalfees, etc will be the core
contents of this module. Decisions of courts on„Advocate‟s right to strike‟ will be subject of
deliberation.

Conflicts of interests [lawyer –v- client‟s interests] and limitations of therights of lawyers
including restrictions on advertising, bar from carryingon other professions, etc will also be
taken up for discussion.

MODULE VII: REGULATION OF LEGAL PROFESSION:

“Nobody has a more sacred obligation toobey the law than those who make the law”.

A lawyer, being one involved with the process of law-making andinterpretation is also bound by
law. This module will cover issuesrelating to regulation of legal profession in India, focusing
more on topicslike - the nature, composition, constitution, power, responsibilities andother
related topics relating to the Bar Councils, etc. The enrolment ofadvocates, disciplining of
advocates, etc will also be covered.

MODULE VIII: LIABILITY FOR DEFICIENCY IN SERVICE ANDOTHER WRONGS

COMMITTED BY LAWYERS:
This module includes the analysis of case laws and relevant laws likeConsumer Protection Act,
Contempt of Court proceedings, etc whichimposes liability upon an advocate for the wrongs he
commits in thecourse of his professional service.

MODULE IX:OTHER IMPORTANT ISSUES:

The following topics of importance will be taken up for class discussionduring the course:
- Impact of Globalization on legal profession
- Legal outsourcing in India.
- Role of advocate in providing legal aid services.
- Advocate‟s role in outside court / informal settlement ofdisputes.
- Age bar and entry into practice

Suggested Readings:

1. RajuRamachandran, Professional Ethics: Changing Profession and Changing Ethics

(LexisNexis,Butterworths).
2. Dr. P. B. Mukharji, Professional Ethics of The Advocate(University of Burdwan)

3. P. RamanathaAiyer,Legal & Professional Ethics – Legal Ethics, Duties & Privileges of a

Lawyer(Wadhwa Publications, Nagpur).

4. Justice V. R. Krishna Iyer,Law, Lawyers and Justice(b. R. Publishing Corpn, Delhi).

5. Stephen Gillers, Regulation of Lawyers: Problems of Law & Ethics(Little, Brown & Com
Boston Toronto, London).

6. Ross Grauston (ed.), Legal Ethics & Professional Responsibility(Clarendon Press, Oxford).

7. Gary Bellow & Bea Moultan,The Lawyering Process: Ethics and Professional Responsibility,
(The Foundation Press, Inc.).

8. D.V. SubbaRao, Sanjiva Row’s The Advocates Act, 1961(LexisNexis, Butterworths).

9. Nicolson and Webb, Professional Legal Ethics(OUP).

10.S. C. Sarkar, Modern Advocacy and Professional Ethics…