Meaning Nature and Need of Professional Ethics in Law

The traditional approach to legal education is the application of established legal rules and principles to a particular issue in a case. However, with the coming into force of the law over time, it has been recognized that the mere existence of laws cannot deliver justice for a number of reasons. First, legal services are not as affordable as they should be for the entire economic spectrum of citizens. Especially in a poor country like India, the rights of the poor take a back seat due to a lack of affordability. Second, legal aid services are also limited. Third, laws are not entirely complete and consistent, and judges disagree with their reasoning. Finally, one of the biggest concerns is the lack of ethics, which is presented not only by the police but also by lawyers. It can be agreed that ethics is a prerequisite in any profession and not only in the legal profession. Ethics therefore generally refers to human behavior and its moral norm. The lawyer must comply with certain professional codes relating to standards of fairness to the client and also include the required standard of confidentiality between them and maintain self-control. The Government of India has established the Bar Council of India, a statutory body governed by the Lawyer Act, 1961. Prior to the enactment of the Lawyers Act of 1961, there was no mechanism to control the conduct of a lawyer. But recognising the need to monitor the profession so that established standards in this area do not fall, Parliament enacted the Lawyers Act 1961 on the recommendation of the Law Commission.

Third, higher standards of behaviour can only be developed through codification. Codes create a sense of consistency and crystallize the standard of the profession`s best ethics. [4] In all professional functions, a lawyer must be competent, prompt and conscientious. A lawyer should maintain communication with a client about representation. A lawyer must keep information about a client`s representation confidential, unless disclosure is required or permitted by professional ethics or other laws. This article was written by Ms. Sankalpita Pal, who is currently following BBA. LL.B (Hons) from Symbiosis Law School, Pune. This article will attempt to provide a detailed overview of the standards regarding Indian courts and professional ethics.

[3] In addition to these representational functions, a lawyer may act as a neutral third party, a non-representative role that assists the parties in resolving a dispute or other matter. Some of these rules apply directly to lawyers who act or have acted as independent third parties. See, for example, Rules 1.12 and 2.4. In addition, there are rules that apply to lawyers who do not practise law or to practising lawyers, even if they are acting in a non-professional capacity. For example, a lawyer who commits fraud in the management of a business is subject to disciplinary action if he engages in conduct that involves dishonesty, fraud, deception or misrepresentation. See Rule 8.4. In general, legal ethics refers to the set of principles by which the conduct of members of the legal profession is controlled, examined more precisely and practically. More precisely and concretely, legal ethics can be defined as the branch of moral science that deals with the duties that a lawyer owes to his clients, the courts, the bar and the public. [2] Traditional legal education must take a humanistic approach and try to transmit values to aspiring young lawyers, as their contribution will be of great importance for the future.

There needs to be a more holistic and humanizing perspective on the teaching and study of law. Even after legal ethics have been codified in India, lawyers continue to practice unfair means to achieve favorable outcomes for their cases. The code cannot create a sense of ethics if it is not taught to law students as early as possible. There are some positive examples where some progressive law professors have recognized the need for law students to gain a deeper understanding of ethics and their legal needs. Consider meeting with a lawyer who specializes in legal ethics and professional liability if you have any questions or concerns. Thus, the ethics of the legal profession refers to the set of rules and practices that determine the professional conduct of members of the Bar. Second, without a code of professional ethics, the government or society can try to control standards through its agencies. In order to avoid such checks and interferences, a code is therefore necessary.

Therefore, it is believed and practiced that to standardize certain rules, protocols and ethics, it should be done by the profession itself in order to prevent government intervention. The need for codified legal ethics was well explained by the American Bar Association Committee. The law is a cornerstone of the government ark. Therefore, an appropriate code is needed to prevent control of the judicial system through manipulation, greed or unworthy motives. Ethics is a way in which a lawyer owes a duty to the Bar Association, a judge to the judiciary. It should be noted that litigants or clients representing lawyers do not owe exactly the same ethical standards as a lawyer or judge in a court. The obligation to prevent the client from engaging in unfair practices is also assumed by the Bar Association and the Bank. In S.J.

Chaudhary v. State (1984), the Supreme Court ruled that if a lawyer does not attend a case on a daily basis, he will be held liable for breach of professional duties. This observation was based on the fact that many lawyers do not appear before the courts and that his client has to pay the price. The ABA`s rules of ethics are numerous, some less obvious than others. In fact, lawyers often break some of these accident rules (such as mixing funds). Here are some of the most common violations of legal ethics: It is quite clear that legal ethics and the legal profession are closely linked. The existence of a codified professional ethic for the legal profession shows that professional conduct occupies an important place in the legal profession. The Bar Council ensures that lawyers comply with the regulations on legal ethics and the dress code (professional dress of lawyers). The nature of legal ethics shows that this is an absolute mandate, but the wording of the Code (under the Lawyer Act, 1961) makes it clear that lawyers have a duty to the Bar Association, their clients and opposing lawyers before the courts.

The purpose of codified legal ethics is to instruct lawyers to defend the dignity of the court. It also prevents the exploitation of customers. The need for legal ethics was also briefly explained, as well as the rules that lawyers must follow. The fundamental difference between professional ethics and professional conduct is that the former is a moral obligation, while the latter is a legal or statutory obligation. The Committee also noted the need to codify a high level of legal ethics in order to promote the administration of justice in a pure and impeccable manner. Every lawyer must comply with the prescribed legal ethics in order to remain a member of a professional organization. It is in the nature of professional ethics that this is the very essence of the legal profession. It encourages a lawyer to act in a dignified manner befitting such a noble profession. In order to preserve their dignity and integrity, professional ethics have been codified. It leads to legal practitioners being held accountable for dishonest, irresponsible and unprofessional behaviour.

In addition, lawyers may lose their licence (to practise the court/registry) if they engage in unethical practices that endanger and tarnish the dignity of the legal profession. The main objective of this legislation is to prevent the exploitation of clients and patients or anyone who receives their services and, of course, to preserve the integrity of the profession. Like any other provision or law, these rules and codes are not absolute and may be amended or repealed if necessary. [11] To the extent that lawyers fulfil the obligations of their professional profession, the possibility of state regulation is avoided. Self-regulation also helps to preserve the independence of the legal profession from state domination.