Communication is simply the act of transferring information from one place, person or group to another.

Every communication involves (at least) one sender, a message and a recipient. This may sound simple, but communication is
actually a very complex subject.
The transmission of the message from sender to recipient can be affected by a huge range of things. These include our emotions,
the cultural situation, the medium used to communicate, and even our location. The complexity is why good communication
skills are considered so desirable by employers around the world: accurate, effective and unambiguous communication is
actually extremely hard.

As this definition makes clear, communication is more than simply the transmission of information. The term requires an
element of success in transmitting or imparting a message, whether information, ideas, or emotions.
A communication therefore has three parts: the sender, the message, and the recipient.

The sender ‘encodes’ the message, usually in a mixture of words and non-verbal communication. It is transmitted in some way
(for example, in speech or writing), and the recipient ‘decodes’ it.

Of course, there may be more than one recipient, and the complexity of communication means that each one may receive a
slightly different message. Two people may read very different things into the choice of words and/or body language. It is also
possible that neither of them will have quite the same understanding as the sender.

In face-to-face communication, the roles of the sender and recipient are not distinct. The two roles will pass back and forwards
between two people talking. Both parties communicate with each other, even if in very subtle ways such as through eye-contact
(or lack of) and general body language. In written communication, however, the sender and recipient are more distinct.

The different categories of communication include:

Spoken or Verbal Communication, which includes face-to-face, telephone, radio or television and other media.
Non-Verbal Communication, covering body language, gestures, how we dress or act, where we stand, and even our scent. There
are many subtle ways that we communicate (perhaps even unintentionally) with others. For example, the tone of voice can give
clues to mood or emotional state, whilst hand signals or gestures can add to a spoken message.

Written Communication: which includes letters, e-mails, social media, books, magazines, the Internet and other media. Until
recent times, a relatively small number of writers and publishers were very powerful when it came to communicating the written
word. Today, we can all write and publish our ideas online, which has led to an explosion of information and communication
possibilities.

Visualizations: graphs and charts, maps, logos and other visualizations can all communicate messages.

The process of interpersonal communication cannot be regarded as a phenomena which simply 'happens'. Instead, it must be
seen as a process that involves participants who negotiate their roles with each other, whether consciously or unconsciously.
A message or communication is sent by the sender through a communication channel to one or more recipients.

The sender must encode the message (the information being conveyed) into a form that is appropriate to the communication
channel, and the recipient then decodes the message to understand its meaning and significance.

Misunderstanding can occur at any stage of the communication process.

Effective communication involves minimising potential misunderstanding and overcoming any barriers to communication at
each stage in the communication process.

An effective communicator understands their audience, chooses an appropriate communication channel, hones their message for
this particular channel and encodes the message effectively to reduce misunderstanding by the recipient(s).

They will also seek out feedback from the recipient(s) to ensure that the message is understood and attempt to correct any
misunderstanding or confusion as soon as possible.

Receivers can use techniques such as Clarification and Reflection as effective ways to ensure that the message sent has been
understood correctly.

The Communication Process

A message or communication is sent by the sender through a communication channel to a receiver, or to multiple receivers.
The sender must encode the message (the information being conveyed) into a form that is appropriate to the communication
channel, and the receiver(s) then decodes the message to understand its meaning and significance.
Misunderstanding can occur at any stage of the communication process.
Effective communication involves minimizing potential misunderstanding and overcoming any barriers to communication at
each stage in the communication process.
An effective communicator understands their audience, chooses an appropriate communication channel, hones their message to
this channel and encodes the message to reduce misunderstanding by the receiver(s).
They will also seek out feedback from the receiver(s) as to how the message is understood and attempt to correct any
misunderstanding or confusion as soon as possible.
Receivers can use techniques such as Clarification and Reflection as effective ways to ensure that the message sent has been
understood correctly.

7 Major Elements of Communication Process

Seven major elements of communication process are: (1) sender (2) ideas (3) encoding (4) communication channel (5) receiver
(6) decoding and (7) feedback.

Communication may be defined as a process concerning exchange of facts or ideas between persons holding different positions
in an organisation to achieve mutual harmony. The communication process is dynamic in nature rather than a static
phenomenon.

Communication process as such must be considered a continuous and dynamic inter-action, both affecting and being affected by
many variables.

(1) Sender: The person who intends to convey the message with the intention of passing information and ideas to others is
known as sender or communicator.

(2) Ideas: This is the subject matter of the communication. This may be an opinion, attitude, feelings, views, orders, or
suggestions.

(3) Encoding: Since the subject matter of communication is theoretical and intangible, its further passing requires use of certain
symbols such as words, actions or pictures etc. Conversion of subject matter into these symbols is the process of encoding.

(4) Communication Channel: The person who is interested in communicating has to choose the channel for sending the required
information, ideas etc. This information is transmitted to the receiver through certain channels which may be either formal or
informal.

(5) Receiver: Receiver is the person who receives the message or for whom the message is meant for. It is the receiver who tries
to understand the message in the best possible manner in achieving the desired objectives.

(6) Decoding: The person who receives the message or symbol from the communicator tries to convert the same in such a way
so that he may extract its meaning to his complete understanding.

(7) Feedback: Feedback is the process of ensuring that the receiver has received the message and understood in the same sense
as sender meant it.

The ABC of EffectiveWriting

• Accuracy means grammatical correctness. Now look at the following sentences. Say which sentence is correct and why.
a) Only Muneer scored two goals. b) Two goals were scored by Muneer only.
c) Muneer scored two goals only. d) Two goals only were scored by Muneer.
• Brevity means economy in word usage, pruning away useless words. We should avoid repetition and redundancy. Look at the
following sentences.
1) Maria lives in a city called Banglore, in a place called Indira Nagar.
2) Maria lives in Indira Nagar in Banglore.
• Clarity in writing means the ability to state our thoughts without any ambiguity. It is unnecessary to use a polysyllabic word
where a monosyllabic one will do. Needless use of long words or abstract words result in obscurity
There can be two types of clarity.• grammatical and conceptual.
Grammatical Clarity - One of the aid to clarity is adequate punctuation. Look at the following sentence:
1) I wrote a book with Mr.Khalil and Mr. Mabruk and Mr. Nayim edited it. The ambiguity in the above sentence can be
removed only by a comma.
2) I wrote a book with Mr.Khalil, and Mr. Mabruk and Mr. Nayim edited it.
3) I wrote a book with Mr.Khalil and Mr. Mabruk ,and Mr. Nayim edited it.

Pronoun reference He took out his handkerchief and his pen, then wiped his forehead, blew his nose, and put it back into his
pocket. Did he put his nose back in to his pocket(!) or his pen or his handkerchief? For clarity, each pronoun should not be far
away from the noun it refers to.
Conceptual Clarity - By conceptual clarity, we mean that whatever concepts we are trying to describe should be such
that the reader should be able to easily empathize with what we write. Muna is a teacher at the college level and she is a
knowledgeable person. She is thin but her students say that she can keep her class under control. To show that I liked her I
wrote: Muna is a professor and she is a real scholar. She is slim and her students say that she is a born leader. To show that I
disliked her I wrote: Muna behaves like a school ma’am and is a real egghead. She is skinny and her students say that he is a
Hitler, a dictator to the core.

Denotation and Connotation - The denotative meaning of a word is its literal meaning. Connotation is the underlying feeling that
you get , besides the primary meaning of the word. “Smell” is purely denotative. “Aroma” gives you a positive feeling and has
favourable connotations. “Stench” makes you wrinkle up your nose and gives you unfavourable connotations.

Unity- It is important to teach our students about the principle of unity and help them achieve it in their writing. Make sure that
the composition is about a single theme. Every composition should be complete, it should have all three main parts-the
introduction, the body, and the conclusion.
Unity in a paragraph- Every paragraph should concentrate on one idea. The main idea of the paragraph should be stated
in one sentence, which is called the “Topic sentence” of the paragraph. All other sentences in the paragraph should elaborate on
the main idea expressed in the topic sentence.

Coherence in writing - Coherence in writing means that every paragraph should follow logically from the one preceding it and
every sentence in a paragraph should follow logically from the one preceding it. Coherence is achieved by using cohesive
devices like pronouns, synonyms, connectives and judicious repetition of key words

• Accuracy, brevity and clarity can contribute in making our students’ writing more effective.
• Check for grammatical correctness, avoid longwinded sentences and repetition of words, thoughts and ideas, and be more
concrete in our descriptions.
• Use short, simple and sweet words/sentences.

Difference Between Formal and Informal Writing

When writing a letter, the writing style plays a very important role, especially when the letter is addressed to some respected or
high-value person. There are two writing styles, i.e. Formal Writing and Informal Writing, wherein a formal piece of writing is
one that must be clear, properly framed and well organised. On the other hand, Informal Writing is often understood as casual
writing, which uses colloquial language.

Our choice of the form of writing mainly depends on the fact – to whom we are writing to? Secondly, the matter we are going
to discuss in our write up also decides the writing style, because if we are writing on a serious matter, then an informal way of
writing will not be considered suitable in that case. So, in this article, you will get to know the details of these two writing styles
along with its do’s and don’ts.

BASIS FOR
FORMAL WRITING INFORMAL WRITING
COMPARISON

Meaning A formal writing style is one which is An informal writing style is used when
used for business, legal or we are writing for some personal or
professional purposes. casual reason.

Sentences Long and Complex Sentences Short and Simple Sentences

 BASIS FOR
FORMAL WRITING INFORMAL WRITING
COMPARISON

Language Formulaic Direct

Voice Passive Voice Active Voice

Interjections Not used Used

Personal pronoun Third person First and second person

Tone Professional and official Personal and friendly

Formal Writing
A formal piece of writing is used when we do not have any idea of the person, or when we know the person but haven’t
exchanged words, or we are not having familiar terms with the person who receives the letter. Here, we use formal language
which indicates dignified and deferential regard for the reader. It is used when writing for academic, professional and legal
purposes.
Formal Writing is a bit difficult as we have to consider some important points are to be kept in mind with respect to:
 Word choice and tone should be polite.
 No use of first and second person singular pronouns
 Use of positive and literal language and academic vocabulary.
 Avoiding repetition and over generalisation.
 Use of proper spelling, grammar and punctuation
 No use of contractions, cliche, colloquial diction and abbreviations
 Sentences are fully elaborated and concluded.
 Avoid use of jargons.
 No emotional language
 No statistics without proper reference.
 Full of objectivity, as proper evidence, should be there to support your argument.

Informal Writing
The informal style of writing is one used for personal and casual conversation, wherein friendly and colloquial language is used.
In an informal writing style, personal and emotional tone is used, and the reader is directly referred by the words ‘you’ or
‘your’. It is used when writing personal emails, text messages, letters to friends and family etc. It is a direct form of writing
which uses:
 Contractions, abbreviations and short sentences are used.
 Use of ordinary, short and simple sentences.
 Personal and subjective
 Loosely structured
 Use of first and second person pronoun.
 Acceptable use of slang and cliche
 Imperative sentences can be used

The differences between formal and informal writing can be drawn clearly on the following grounds:
1. Formal writing is that form of writing which is used for the business, legal, academic or professional purpose. On the
other hand, informal writing is one which is used for personal or casual purpose.
2. Formal writing must use a professional tone, whereas a personal and emotional tone can be found in informal writing.
3. In formal writing, use of slang is not at all common, whereas we normally use slang in informal writing.
4. When it comes to language, we use formulaic language in formal writing, which contain a set form of words. As
against, informal writing is direct.
5. We use passive voice in a formal piece of writing. In contrast, in an informal piece of writing, we use active voice.
6. In formal writing, linking words are used, instead of conjunctions which are used in case of informal writing.
7. In formal writing, interjections are usually avoided, and so exclamation marks are not used. Conversely, in informal
writing, interjections are commonly used.
8. In a formal piece of writing, when we refer to audience 1st person plural or third person singular is used. On the
contrary, informal piece of writing, we use 1st person singular form to refer to the audience.
Conclusion
Both formal and informal writing is used in our day to day life but in different situations. We just need to think about the reader
and the topic of your discussion, before choosing the writing style. When the topic is quite serious and objective, the formal
writing style is suitable. It is also used when the write up is addressed to some respectable person or institution.
On the other hand, informal writing is best suited when you are communicating with your family, friends and acquaintances.
Further, if the matter of discussion is not very serious, then also informal writing can be used, subject to, you are comfortable
with the reader, in talking informally.

When it comes to writing in English, there are two main styles of writing – formal and informal. Consider these two examples:

Example 1: This is to inform you that your book has been rejected by our publishing company as it was not up to the required
standard. In case you would like us to reconsider it, we would suggest that you go over it and make some necessary changes.

Example 2: You know that book I wrote? Well, the publishing company rejected it. They thought it was awful. But hey, I did
the best I could, and I think it was great. I’m not gonna redo it the way they said I should.

The difference between the two is obvious. The first one is formal, and the second is informal. But what is it that makes them
formal and informal?

It is the style of writing, or the way we use words to say what we want to say. Different situations call for different ways of
putting words together. The way we write in academic and scientific settings differs greatly from the way we write to a friend or
close one. The tone, vocabulary, and syntax, all change as the occasion changes. This difference in the styles of writing is the
difference between formality and informality, or the difference between formal and informal writing.

Here's a list of some of the main differences between informal and formal writing:

Informal: May use colloquial words/expressions (kids, guy, awesome, a lot, etc.).
Formal: Avoid using colloquial words/expressions (substitute with children, man/boy, wonderful, many, etc.)

Informal: May use contractions (can’t, won’t, shouldn’t, etc.).

Formal: Avoid contractions (write out full words – cannot, will not, should not, etc.).

Informal: May use first, second, or third person.

Formal: Write in third person (except in business letters where first person may be used).

Informal: May use clichés (loads of, conspicuous by absence, etc.)

Formal: Avoid clichés (use many, was absent, etc.)

Informal: May address readers using second person pronouns (you, your, etc)
Formal: Avoid addressing readers using second person pronouns (use one, one’s, the reader, the reader’s, etc.)

Informal: May use abbreviated words (photo, TV, etc)

Formal: Avoid using abbreviated words (use full versions – like photograph, television, etc.)

Informal: May use imperative voice (e.g. Remember….)

Formal: Avoid imperative voice (use Please refer to.….)

Informal: May use active voice (e.g. We have noticed that…..)

Formal: Use passive voice (e.g. It has been noticed that….)

Informal: May use short and simple sentences.

Formal: Longer and more complex sentences are preferred (short simple sentences reflects poorly on the writer)

Informal: Difficulty of subject may be acknowledged and empathy shown to the reader.
Formal: State your points confidently and offer your argument firm support.

These are just some of the differences between formal and informal writing. The main thing to remember is that both are
correct, it is just a matter of tone and setting. Formal English is used mainly in academic writing and business communications,
whereas Informal English is casual and is appropriate when communicating with friends and other close ones. Choose the style
of writing keeping in mind what you are writing and to whom. But whichever style you write in – formal or informal – be sure
to keep it consistent, do not mix the two.

The Concept of Legal Profession

Despite being one of the best paying jobs, legal profession is also a most challenging among the professions in
the world. Though lawyers have been since long leading the world in different context, professional values and
standards have its distinct role to put the profession in the centre of attraction among the careers. This paper
endeavors to define the concept of legal profession, seeks its jurisprudential notions and position of autonomy in the profession.
The public interest versus question of professional sustainability, distinction between the traits of professionals and the brokers
is one of the key areas where the paper sheds light on. The international
principles on professional code of conduct will be discussed in the paper at the final part. The paper is primarily concerned with
the conceptual part of the legal profession with an aim to bring crystal clear picture on the legal profession and its ethical
standards along with the comparatist approach necessary for the legal professionals in the modern world.

Introduction
The legal profession is arguably the single most researched aspect of law in legal scholarship and socio-legal studies. It is also
one of the most challenging professions in the world because legal professional, for the most time, has to pass through tough
process of thinking, contemplating and reasoning whether he/she is in a policymaking role, advisory service, justice dispensing
role or simply representing clients at court. It is interesting to note that though lawyer is ranked at the 'sixteenth position's
among the U.S. News’ list of the top hundred best paying jobs of 2016, it comes only at the 'seventy first position' among the
hundred best jobs in the world.

The stressful nature of job and work-life balance factors have descended the choice of law career among the best occupation
despite having high pay offs. The 'higher earning' feature does not only count the whole pride of the legal profession but the
dynamic aspect of the job is often reflected due to the emergence of several influential leaders of the world from the law
background.
Incumbent President of USA, Barack Obama, Russia's President Vladimir Putin, Chinese Premier Li Keqiang, former US
President Bill Clinton, former President of Russia, Dmitri Medvedev, managing director of International Monetary Fund (IMF),
Christine Lagarde are the contemporary world leaders worth mentioning here who had earned their highest degree in law.
These leaders had been time and again nominated in the celebrated Forbes' list of the most powerful lawyers of the world.

Karl Marx, Mahatma Gandhi and Nelson Mandela are the seasoned lawyers among others who passed their whole life in pursuit
of emancipation of the human beings. Former President of Cuba, Fidel Castro and Former Prime Minister of Singapore, Lee
Kuan Yew were also the law practitioners.

The legal professions, together with the universities, the papacy, the corporation, and constitutional government, are institutions
that must rank among the most influential and most enduring creations of the thousand years that constituted the European
Middle Ages and this legacy still continues. Without them, the world as we know it would be a poorer, less interesting place.

Legal Profession
1. "Possession of esoteric but useful knowledge and skills, based on specialized training or education".
2. An orientation toward service in the interest of an identifiable client.
3. Autonomy of action, with regard both to the specific action (i.e., the professional is in
control of the relationship with the client) and to the definition and enforcement of standards of professional behaviour.
4. The existence of one or more organisations to serve the internal and external needs of the profession."

The concept of professionalism when applied to legal profession is a normative concept that provides an ideal that lawyers
should strive to meet, idealized as a self-directed calling, informed by the spirit of a public service.

Kritzer has thus defined legal profession as an autonomous nature of job oriented towards public service on the basis of
specialised knowledge, skills and systematised through organisations.

He has differentiated between the characters of legal professionals with that of brokers. Broker is a person hired to act as an
intermediary who are motivated by their own interests either in long term or short term rather than by any moral factor or
altruism. Client plays primary role in decision making for brokers and brokers are involved in regularized interaction with other
players in the system. But legal professionals, on the other hand,
provide advice service to client and client follows the instruction of legal professionals.

The legal professional must apply a combination of formal legal knowledge and formal legal skills in a more creative way11
whereas broker may have insider knowledge of the system but not proper formal skills and knowledge to advice client. The
legal profession refers to the whole of occupational roles purposely oriented towards the administration and maintenance of the
legal system, including judges, lawyers, counsellors,
as well as experts of legal education and scholarship.

Debates are perennial over the question of whether legal profession should be conceded to be a business or it is a matter of
public service. Are legal professionals ought to work for the social cause or not? What is the position of the question of survival
of a professional engaged in the legal practice? These sorts of inquiries are always in the heart of debate regarding
professionalism and legal practice.

The key issue lies in the nature of lawyers’ work. Lawyers’ work is more than that of a businessperson and thus lawyer is
someone upon whom, regardless of his business acumen and methods, people conferred a status which demands higher
standards and a higher commitment of self. Lawyers are not simply selling a commodity or a service. They are dealing with
matters that take them deeply into the moral realms of people’s lives. Lawyers are trusted with the closest held secrets people
have about themselves and the closest secrets
businesses have about how they work. Lawyers possess training, skills, and position which give them immense power and
which raise enormously complex moral questions inherent in the work itself. Does a lawyer
representing a toy manufacturer retain his client’s confidence that a toy on the market is
dangerously defective, or does he/she warn the public? This is indeed a 'moral maze' having no easy exit but striking a right
balance between business and public interest is the measuring rod, which only can justify professionalism and complex
interrelationships between business and moral sensitivity of legal profession.

Jurisprudential Notions on Legal Profession

Natural law school envisages legal profession based on reason and especially Platonic 'Gold Men' like virtuous professional
should provide legal service, dispense justice based on morality and intrinsic human values. Legal professionals must be capable
to raise question over the inner morality of law as Fuller describes. Professionals must have the sense of human goods especially
the 'practical reasonableness' as provided by Finnis. Aristotle's focus on ethos and values is replicated in these modern days in
the form of ethics of judges, lawyers and other professional communities. For positivists, legal professionals are also bound by
the posited law of the sovereign. The professionals must act as the deputed responsible authorities of the sovereign to enforce
the commands articulated as the law of the land. Lawyers and judges need to work to translate the letters of the law into deeds,
into action. Maintaining consistency in the entire legal system should be the motto of legal profession in the eye of the
positivists. Though work in let no space for discretion by the legal professionals especially the judges, for Hart, there are some
open textures where minimum content of natural law can be applicable in the profession of law.

Legal profession for the historical school is a part of the tradition that articulates the popular will of the people i.e. volksgeist.
As law is language to the historical jurists, lawyers and other legal professionals are like the folk lyricists who need to
understand people's folklore and nurture the custom, tradition and refer to those elements to enrich the legal content. Socialist
school sees legal profession as a part of superstructure which is functioning to maintain the base of the society, i.e the economic
system. Lawyers, judges and all other legal professionals serve the interests of ruling class. In the communist State, there is no
need ofspecial legal professional when law itself withers away.

Only judges as the legal professional are the lawmakers in the realist school of thought. The role of other legal professionals is
not given priority but what judges deduced from particular cases by empirical evaluation is only defined as law. American
realist Karl Llewellyn mostly argues on the favour of legal profession. Certain ''law jobs'' are necessary to be carried out for the
effective functioning of law as an institution. According to him, such ''law jobs'' are of universal nature and, therefore, necessary
in most types of social organisation. Llewellyn categorises five law jobs including a. disposition of trouble cases, b.preventive
channelling of conduct and expectations in areas of potential conflict, c. allocation and exercise of authority or jurisdiction
within society (arranging the say and its saying), d. directive and incentive through the organisation of society (Whither of the
net Totality) and e. law as technology to enhance skill of official craftsmen of law.15 The legal professionals in his belief need
to be involved in any of these five ''law jobs''. In sociological concept, where law is defined as social institution, the legal
profession is
given utmost priority as social engineering. The legal professionals are the engineers who design and prepare and architecture of
the society balancing the interest of private, public and society and various ingredients are properly placed to make a strong
social institution with social cohesion and harmony. The public interest litigation and legal professional's responsibility towards
society are the outcomes of this school.
Max Weber put emphasis upon the professionalization of legal work for the development of society in which formally rational
legal system can functions. His sociology of law concept places legal profession at proper priority and systematisation of
administration of justice is equally advocated to have a formally rational society in place.16
In Sociology of Law, Talcott Parsons lays emphasis on the role of the professions with respect to law’s integrative function
produced a perspective of the legal profession that reaffirmed its centrality in the autonomy of law. Niklas Luhmann describes
the role of legal professional to ensure consistency to legal expectations for properly running the law as social system.
The ability of law to develop complex and consistent norms requires the system to develop a sub-system for decisions as to
what law is (which includes when law is changed). This subsystem is staffed by persons, identified by their membership (the
legal profession and the judiciary), whose particular task is to provide consistency to legal expectations.

Legal Profession and Autonomy

The centrality of the legal profession is a matter of legal autonomy, which conceptually goes back to de Montesquieu’s
separation of powers principle. The ideal of legal autonomy as a critical dimension of modern legal systems indeed forms one of
law’s most critical and sociologically challenging characteristics. The autonomy of the legal profession is reflected in legal
education and various aspects of legal practice inasmuch as, over time, the legal profession has been successful in controlling
admission to and the organization of law schools as well as the regulation and execution of legal work by means of systems of
supervision and control. The independence of the legal profession is a concrete expression of the autonomy of law, with an
independent judiciary as its main manifestation. However, the aspiration to maintain occupational autonomy is one of the legal
profession’s most challenging characteristics.

Autonomy has a substantive, an institutional, a methodological, and an occupational aspect. Where the legal order is
characterized by occupational autonomy, a special group, the legal profession, defined by its activities, prerogatives, and
training, manipulates the rules, staffs the legal institutions, and engages in the practice of legal argument. Substantive,
institutional, methodological, and occupational autonomy are interdependent. Nevertheless, the critical legal movement seeks to
cast doubt on the idea of legal autonomy in favour of a theory of the practice of law that intimately revolves around power and
differential access to justice. Without necessarily denying that practitioners of the Critical Legal Studies movement were
animated by a committed interest in unrealized human
opportunity, the movement has not, contrary to its intentions, been able to successfully challenge the authority of law and the
role played therein by the legal profession. What the Critical Legal Studies movement has contributed to is a diversification of
legal thought (especially in opposition to the law and economics perspective) as part of a transformation of law that marked the
legal profession as a whole.

Heinz and Laumann in their research has found that, if professionalism is defined in terms of autonomy, the personal services
lawyer, not the corporate services lawyer, best corresponds to this image. Personal services lawyers have many clients and are
not dependent on any one client for a substantial portion of their livelihood; moreover, the clients of the personal services
lawyers tend to be relatively unsophisticated vis-a-vis the legal system. For corporate services lawyers, on the other hand, the
client base is much narrower and they are sophisticated users of legal system. Thus it is concluded that in terms of both client
sophistication and economic independence is that the personal services lawyer has a more autonomous professional life than the
corporate services lawyer, who is highly dependent on the large corporate client as a "patron." Another research by Cain (1979)
has found that even the work of the personal services lawyer is often best described as simply carrying out the instructions of the
client, requiring little, if any, autonomous thought or action on the part of the lawyer. Thus, autonomy in the working world of
the lawyer is more problematic than posited by the theoretical core of the
sociology of the professions. In addition, to have autonomy, legal professionals in the modern world must have
comparatist approach having a broad horizon to conduct any research, study or to work in any other way in multicultural or
multiple legal systems. Legal professionals must know that they must cut themselves loose from their own doctrinal and
juridical preconceptions and liberate themselves from their own cultural context in order to discover neutral concepts with
which to describe problems.26 One must never allow one's vision to be clouded by the concepts of one's own national system.
The Comparatist legal professional must eradicate the preconception of his native legal system.
If a picture presented by a scholar is coloured by his background or education, international collaboration should correct
it.International Principles of Legal Profession Based on the various jurisprudential notions and practices in different legal
system,International Bar Association (IBA) has adopted universal principles named ''IBA International Principles on Conduct
for the Legal Profession'' on May 28, 2011 as the guiding code of conduct of world lawyers. These principles aimed at
establishing generally accepted framework to serve as a basis on which code of conduct may be established for the lawyers in
any part of the world. These principles have taken into consideration that legal professionals have to combine continuous update
on legal developments with service to their clients, respect for the courts and the legitimate aspiration to maintain reasonable
standard of living. The major ten principles of IBA are as follows.
1. Independence
A lawyer shall maintain independence and be afforded the protection such independence offers in giving clients unbiased advice
and representation. A lawyer shall exercise independent, unbiased professional judgment in advising a client, including as to the
likelihood of success of the client’s case.
2. Honesty, integrity and fairness
A lawyer shall at all times maintain the highest standards of honesty, integrity and fairness towards the lawyer’s clients, the
court, colleagues and all those with whom the lawyer comes into professional contact.
3. Conflicts of interest
A lawyer shall not assume a position in which a client’s interests conflict with those of the lawyer, another lawyer in the same
firm, or another client, unless otherwise permitted by law, applicable rules of professional conduct, or, if permitted, by client’s
authorisation.
4. Confidentiality/professional secrecy
A lawyer shall at all times maintain and be afforded protection of confidentiality regarding the affairs of present or former
clients, unless otherwise allowed or required by law and/or applicable rules of professional conduct.
5. Clients’ interest
A lawyer shall treat client interests as paramount, subject always to there being no conflict with the lawyer’s duties to the court
and the interests of justice, to observe the law, and to maintain ethical standards.
6. Lawyers’ undertaking
A lawyer shall honour any undertaking given in the course of the lawyer’s practice in a
timely manner, until the undertaking is performed, released or excused.
7. Clients’ freedom - A lawyer shall respect the freedom of clients to be represented by the lawyer of their choice. Unless
prevented by professional conduct rules or by law, a lawyer shall be free to take on or reject a case.
8. Property of clients and third parties
A lawyer shall account promptly and faithfully for and prudently hold any property of clients or third parties that comes into the
lawyer’s trust, and shall keep it separate from the lawyer’s own property.
9. Competence - A lawyer’s work shall be carried out in a competent and timely manner. A lawyer shall not take on work that
the lawyer does not reasonably believe can be carried out in that manner.
10. Fees - Lawyers are entitled to a reasonable fee for their work, and shall not charge an unreasonable fee. A lawyer shall not
generate unnecessary work.

Conclusion
The paper has discussed on multiple dimensions of the nature of the legal profession, its concept, definition, jurisprudential
values, relationship of autonomy and legal profession and international principles on code of conduct of the lawyers. Based on
the above discussion, conclusion can be drawn that legal profession has its broader role to work for the benefit of the large
public interest along with its revenue generation part for the continuity and survival
of the service. Thus fully fledged autonomy in legal practice is indeed very difficult to be found today where much of the
lawyers are working for corporate institutions. Research has shown that legal professionals working for the corporate
institutions are less autonomous.

Legal professionals must have comparatist approach of objectivity to be free from own preconception and biases and it will
certainly enhance the level of autonomy to conduct study or to work in multicultural multi legal system. Likewise distinction
between the brokers and Real professionals is necessary. The larger part of the legal profession is occupied by the brokers and
consequently real professionals have severe challenges to save professionalism,
its values, integrity and balance in their law jobs. International principles on code of conduct for legal profession has been
adopted by IBA which should be followed by any law professional by word and spirit to maintain his/her professional dignity.

Form and Substance in Contract Law

There are two different types of legal reasoning: reasons of substance and formal reasons. Substantive reasons often lie behind
the formal reasons. An example of the first type is when considering what rule should be formulated to govern a particular
situation. One needs to weigh up a variety of arguments bearing on the desirability of the rightness of that rule. The second type,
however, typically connotes a requirement for writing, sealing, or perhaps for registration or attestation of some kind. This
chapter first focuses on providing several examples of formal reasons to evaluate some issues that often surround its context,
before directing attention to the case of contract. Also presented in this chapter is a brief discussion on the decline of using
formal reasons and the rationale for such a trend.
Cayetano v. MonsodG.R. No. 100113, September 3, 1991
Facts:
Respondent Christian Monsod was nominated by President Corazon C. Aquino to the position of Chairman of theCOMELEC in a
letter received by the Secretariat of the Commission on Appointments on April 25, 1991. Petitioner opposed the nomination because
allegedly Monsod does not possess the required qualification of having been engagedin the practice of law for at least ten years.On
June 5, 1991, the Commission on Appointments confirmed the nomination of Monsod as Chairman of the COMELEC.On June 18,
1991, he took his oath of office. On the same day, he assumed office as Chairman of the COMELEC.Challenging the validity of the
confirmation by the Commission on Appointments of Monsod's nomination, petitioner as acitizen and taxpayer, filed the instant
petition for certiorari and Prohibition praying that said confirmation and theconsequent appointment of Monsod as Chairman of the
Commission on Elections be declared null and void.
Issue:
Whether the appointment of Chairman Monsod of Comelec violates Section 1 (1), Article IX-C of the 1987 Constitution?
Held:The 1987 Constitution provides in Section 1 (1), Article IX-C, that there shall be a Commission on Elections composed of
a Chairman and six Commissioners who shall be natural-born citizens of the Philippines and, at the time of their appointment, at
least thirty-five years of age, holders of a college degree, and must not have been candidates for anyelective position in the
immediately preceding elections. However, a majority thereof, including the Chairman, shall bemembers of the Philippine Bar
who have been engaged in the practice of law for at least ten years.Atty. Christian Monsod is a member of the Philippine Bar,
having passed the bar examinations of 1960 with a grade of 86-55%. He has been dues paying member of the Integrated Bar of
the Philippines since its inception in 1972-73. He hasalso been paying his professional license fees as lawyer for more than ten
years.At this point, it might be helpful to define private practice. The term, as commonly understood, means "an individual or
organization engaged in the business of delivering legal services." (Ibid.). Lawyers who practice alone are often called"sole
practitioners." Groups of lawyers are called "firms." The firm is usually a partnership and members of the firm are thepartners.
Some firms may be organized as professional corporations and the members called shareholders. In either case, the members of
the firm are the experienced attorneys. In most firms, there are younger or more inexperiencedsalaried attorneys called
"associates."Hence, the Commission on the basis of evidence submitted doling the public hearings on Monsod's confirmation,
implicitlydetermined that he possessed the necessary qualifications as required by law. The judgment rendered by
theCommission in the exercise of such an acknowledged power is beyond judicial interference except only upon a clear showing
of a grave abuse of discretion amounting to lack or excess of jurisdiction. (Art. VIII, Sec. 1 Constitution). Thus,only where such
grave abuse of discretion is clearly shown shall the Court interfere with the Commission's judgment. Inthe instant case, there is
no occasion for the exercise of the Court's corrective power, since no abuse, much less a graveabuse of discretion, that would
amount to lack or excess of jurisdiction and would warrant the issuance of the writsprayed, for has been clearly shown.Besides
in the leading case of Luego v. Civil Service Commission, he Court said that, Appointment is an essentiallydiscretionary power
and must be performed by the officer in which it is vested according to his best lights, the onlycondition being that the appointee
should possess the qualifications required by law. If he does, then the appointmentcannot be faulted on the ground that there are
others better qualified who should have been preferred. This is a politicalquestion involving considerations of wisdom which
only the appointing authority can decidE.