Code of Ethics for Lawyers in India: Key Principles and Guidelines

10 July, 2024

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Introduction

Good ethics are a basic requirement for any career as it helps an individual to make decisions between what is wrong and what is right. The set of rules or moral precepts that direct a person's behavior in a professional setting or during their working life is known as professional ethics. Similarly in the legal profession, a lawyer should obey professional codes to ensure fair dealing with clients. As per the Advocate Act of 1961, only advocates are permitted to practice in the courts. In Indian law, an advocate is a subset of a lawyer which means every advocate is a lawyer but every lawyer is not an advocate. In India, the Advocates Act of 1961 and the Bar Council of India (BCI) are the legislations that play a crucial role in governing the profession of lawyers. The Act of 1961, being a foundational statute that governs India’s legal profession, empowers the BCI to formulate as well as enforce rules of professional conduct. With the continued evolution of the legal profession in India, lawyers must uphold the highest standards of ethics. In this article, we will explore the code of ethics for lawyers or practicing lawyers or advocates in India.

Professional Code of Ethics

Section 4 of the Advocates Act, 1961, deals with the Bar Council of India and Section 49 of the Act allows the BCI to make rules to ensure fairness, integrity, and trustworthiness in legal practice. The BCI has framed the rules on professional standards that an advocate needs to maintain. These are mentioned under Chapter II, Part IV of the BCI Rules. Before delving into these ethics for advocates, let us understand the key principles of the Code of Ethics.

Key Principles

Confidentiality: Lawyers must preserve the confidentiality of client information and privileged communications.
Integrity and Honesty: Lawyers are expected to maintain the highest standards of honesty, integrity, and fairness in their professional and personal conduct.
Competence and Diligence: Lawyers are obligated to possess and maintain adequate legal knowledge and skills necessary to represent their clients competently. They must handle all legal matters diligently and with due care.
Conflict of Interest: Lawyers should avoid situations where their interests conflict with those of their clients.
Respect for the Judiciary: Lawyers should uphold the dignity and authority of the judiciary. They must refrain from engaging in conduct that undermines the administration of justice or disrespects the courts.
Professional Independence: Lawyers must maintain their independence and not allow external influences, including political or economic pressures, to affect their professional judgment or actions.
Pro Bono Services: Recognizing their role as guardians of justice, lawyers are encouraged to provide pro bono legal services to individuals who cannot afford legal representation.
Advocacy and Fairness: Lawyers must represent their clients zealously within the bounds of the law while promoting fairness and justice in the legal process.

Along with these principles, there are specific guidelines that the BCI has established to regulate the conduct of advocates. As per the Bar Council of India, rules on an Advocate’s duty are divided into the following categories:

Duty of an Advocate to Court

To act in a dignified manner before the court and respect the court.
No private communication with the judge regarding any pending matter and not to impact the court's decision by any illegal or improper means.
An advocate should not act in an illegal manner towards the opposition.
Not to represent clients who insist on using improper or unfair means.
To appear presentable before the court means to appear in a proper dress code as prescribed under the BCI Rules.
An advocate must refuse to appear in front of relations.
Avoid wearing bands or gowns in public places other than in courts, ceremonial occasions, and places as the BCI prescribes.
If an advocate is a member of any establishment, then he should not appear in or before any judicial authority, for or against the establishment.
An advocate must not act or plead in any matters of pecuniary interest.

Duty of an Advocate to Client

Bound to accept briefs in the courts or before any other authority in or before which he proposes to practice.
An advocate should not withdraw from services once he/she agrees to serve the client.
To not appear in a matter where an advocate himself is a witness.
An advocate should make full and frank disclosure to the client regarding the matter.
To uphold the interest of the client by all fair and honorable means.
An advocate should not disclose any communication, either directly or indirectly, between the client and himself.
An advocate should by no means suppress any material or evidence, which can prove the innocence of the accused.
An advocate should follow only the instructions of his client or the authorized agent of the client.
To not be a party to stir up or instigate litigation.
To not charge depending on the success of the matter undertaken.
An advocate should not receive interest in an actionable claim.
An advocate should not adjust fees against personal liability as well as he/she should not bid or transfer property arising from legal proceedings.
To manage accounts of received money from clients.
Do not lend money to his client.
An advocate should not appear for opposite parties.

Duty of an Advocate to Opponents

Do not negotiate or call for a settlement with any party represented by an advocate except through the advocate representing the parties.
An advocate must carry out all legitimate promises made to the opposite party.

Duty of an Advocate to Fellow Advocates

An advocate should not solicit work or advertise directly or indirectly.
Sign-board and Name-plate of advocates should be of reasonable size.
An advocate should not promote any unauthorized practice of law.
An advocate should not accept a fee less than the fee which can be taxed under rules when the client can pay more.
An advocate should not appear in any matter where another advocate has filed a vakalt or memo for the same party except with his or the party’s consent.

In case, an advocate is found guilty of professional misconduct then as per Section 35 of the Act, “The disciplinary committee of a State Bar Council after giving the advocate concerned and the Advocate-General an opportunity of being heard, may make any of the following orders, namely-

dismiss the complaint or, where the proceedings were initiated at the instance of the State Bar Council, direct that the proceedings be filed;
reprimand the advocate;
suspend the advocate from practice for such period as it may deem fit;
remove the name of the advocate from the State roll of advocates.”

Conclusion

The code of ethics for lawyers in India represents a cornerstone of the legal profession, guiding lawyers in their professional conduct and ensuring accountability to clients, the judiciary, and society at large. By upholding these principles and guidelines, lawyers contribute to the administration of justice and uphold the rule of law, thereby fulfilling their essential role in the Indian legal system. Adherence to ethical standards not only benefits individual lawyers but also strengthens public trust in the legal profession as a whole. In essence, the code of ethics serves as a compass for lawyers, navigating them through complex legal landscapes while upholding the principles of justice and fairness that form the bedrock of Indian democracy.