legal ethics

Legal ethics in India are laid down chiefly in the Bar Council of India Rules made under Section 49(1)(c) of the Advocates Act, 1961 (Part VI, Chapter II). They set duties to the court (respect, no attempts to influence the judge, no wearing of robes in public places), to the client (accept briefs, not withdraw without cause, keep confidences, no stipulating a share of the result), to the opponent, to colleagues and a duty to render legal aid. Advocates may not advertise or solicit work.

Breach can amount to professional or other misconduct, punishable by the State Bar Council under Section 35 with reprimand, suspension or removal from the roll.

Example

Agreeing to take 30 per cent of the decretal amount as fees violates legal ethics under the Bar Council of India Rules.

In Indian law

• Sections 35 and 49(1)(c), Advocates Act, 1961; Bar Council of India Rules, Part VI, Chapter II

See also

professional misconduct · Bar Council of India · seven lamps of advocacy · advocate

Read more in the study notes

• Phases of negotiation, qualities of a negotiator and power to negotiate (Alternative Dispute Resolution Systems)
• Aims and objectives of legal education (Legal Education and Research Methodology)
• The Bar Council of India, the regulation of legal education and the five-year model (Legal Education and Research Methodology)
• Clinical legal education (Legal Education and Research Methodology)
• Liabilities of an auditor, professional ethics and professional misconduct (Principles and Practice of Auditing)
• The legal profession and its responsibilities (Professional Ethics)