PRATICAL TRAINING RECORD

FOR
3RD SEMESTER LL.B. EXAM. (3 YEARS) 2023

A record submitted to Madhusudan Law University in partial

fulfillment of the requirement for the award of the degree of 3 years
LL.B. examination - 2023

SUBMITTED BY
Name: -
Exam Roll No: -
Regd No: -

UNDER THE SUPERVISION AND GUIDANCE OF

Sri Ashish Ku. Dash
ADVOCATE, BARGARH

BARGARH LAW COLLEGE, BARGARH

 (Affiliated to Madhusudan Law University, Cuttack, Odisha)
BARGARH LAW COLLEGE, BARGARH
Affiliated to
MADHUSUDAN LAW UNIVERSITY, CUTTACK, ODISHA

NAME OF THE EXAMINATION : 3RD Semester LL.B. Exam-2023

SUBJECT : PRACTICAL TRAINING RECORD

FOR PARTIAL FULFILLMENT OF
3 YEARS LL.B. EXAM 2023

EXAM ROLL NO :

REGD NO :

CONTENTS OF THE RECORD

PAPER SUBJECT PAGE NO

V PROFESSIONAL ETHICS P.1 to P. 12

MARKS
(For office use only)
SL NO. Paper Subject (Paper-I) Full Marks Marks Awarded
01 V Professional Ethics 20
02 Viva-voice 20

Total 40

Date: Signature of Centre Superintendent

 CERTIFICATE FROM THE GUIDE

This is to certify that Miss/Smt./Sri. a candidate

of three years LL.B. (3rd Semester) Examination 2023 has prepared
and submitted the record under my guidance and supervision, in
partial fulfillment of the requirement of the Degree. of three years
LL.B. examination of Madhusudan Law University, Cuttack.

The candidate has made a comprehensive and analytical study

of the provision relation to the theory and practical work on the
subject. The candidate has critically examined and elaborately
discussed the subject.

As far as I know, the candidate has done original work on the

subject.

I wish all success in his/her life.

Signature of the Advocate

Regd. No-

ACKNOWLEDGEMENT
 I am grateful to Sri Ashish Ku. Dash, Advocate, who with his
profound legal knowledge backed with distinguished scholastic
experience, has extended his kind supervision and guidance for
smoothly completing this practical work.

I am also deeply indebted to Sri Mihir Kumar Sahu, Advocate

not only for his inspiration and encouragement but also for kindly
permitting to collect materials required for preparing this record
from his personal library.

I am also thankful to the Principal, Dr. Kishore Kumar

Mahapatra, other faculties and staff members of our esteemed
institutions for extending their whole hearted co- operation and for
allowing me to use the library of the College as and when necessary,
without which it would not have been possible to complete this
record successfully.

Place - Bargarh Signature of the Examinee

Date -
 CONTENTS

CHAPTER SUBJECT PAGE NO.

PROFESSIONAL ETHICS
CHAPTER-1 1 to 8
MEANING, DEFINATION & CASE LAW
PROFESSIONAL MIS – CONDUCT AND
CHAPTER-2 9 to 14
CASE LAW
BIBLIOGRAPHY 15

Place: Signature of Examinee

Date:
 CHAPTER - 1
PROFESSIONAL ETHICS

Meaning of Professional Ethics: -

Ethics is defined by the Oxford dictionary as rules of conduct. It is a

system of moral principles and is a science that deals with morals. In other
words, it is the usual term for the detailed rules governing manners and
conduct. Ethics are the fundamental norms for the conduct of a man in society.
These are certain moral principles which act as guidelines for human conduct.
All rules, orders and ordinances are based on ethics. There is no law to compel
one to behave politely, yet politely and polished behavior is expected and
insisted upon in any cultured society.

A fact which can not be denied is that unless we follow certain ethical
norms which can not be changed or unchangeable in nature, we can not hope
to contribute our talents for the advancement of the social order. As the law
being regarded as an instrument for socio-economic progress of the society,
any professional has to share the responsibility to fulfill that aim or objective.
What is needed at this hour is to retain what is obviously good and reject that
what at one time was considered good but presently considered unwanted. An
undertaking of the basic ethical rules will be very foundation for making laws
and an intelligent instrument of socio - economic progress.

Professional ethics consists of those fundamental norms on which the

professional has been build. A man in profession, whether it be legal, medical
or any other is supposed to confirm them. Professional ethics are related to the
profession and their observance is called for its exigencies.

Ethics in Legal Profession: -

A former Justice of Patna High Court Mr. N. Prasad has defined

Professional Ethics as a code of conduct written or unwritten, regulating the
behavior of a practicing lawyer towards himself, his client, his adversaries in
Law and towards the Court.

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In the case of the Bar Council of Maharastra Vrs. M.V. Debtul Kar, AIR 1976 SC
242, it was held that cannons of conduct can be crystallized into rigid rules but
left by collective conscience of Practitioners as right. However, rules of the.
Professional Ethics, cannons of conduct and etiquette are adopted as general
guidelines. The term etiquette here means formal rules of correct and polite
behavior in society and among members of a profession. The conduct of an
Advocate inside and outside the court should be befitting the dignity and honor
of the profession and conductive to administration of justice. These ethical
code prescribes in manner in which the Advocate is to conduct himself in his
dealings with public as well as his professional links towards is client, with the
court and his colleague.

Finally, it can be said that legal ethics or professional ethics is that branch
of moral science which deals with the duties which a member of the legal
professional owes to the public, to the court, to his professional brothers and
to his clients.

Legal Profession and Business / Trade

Legal profession is not a business, Law is essentially a profession. In earlier

times legal profession was considered more to be an act of public service than
entering a livelihood. An advocate does not advertise himself as it happens in
case of trade and business. A lawyer does not exhibit unhealthy competition. In
business there is always a tendency of competition among their counterparts,
but in legal profession there is no place foe such competition rather each
lawyer has to depend upon his personal skill and knowledge and his adherence
to the principle of ethics.

In this legal profession whenever there is a conflict between interest and

duty, a lawyer's duty must prevail. The reason is that a Lawyers duty relates
more to the public service then to his personal interest. Hence the rules of
conduct of a lawyer show how the legal profession is different from the
business or trade.

It is therefore clear that service to society has to be the dominant motive

of a lawyer.

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American Bar Association's Committee on need of an ethical code: -

The American Bar Association's Committee on the need of a code of

professional conduct has observed that the changing condition of professional
practice, tending in the direction of commercializing a large part of the Bar, in
particular weakening of an effective professional public opinion due to the
growth of commercial cities with possibilities of large scale wrong doing, have
caused to create a situation calling for a definite rules of professional ethics.
The committee opined that the adoption of such a code under existing
condition is of great importance. The committee had pointed out several
reasons for this.

Firstly, legal profession is the keystone of the arch of Government. The

future of a civilized country depends upon how its shrine of justice is
maintained. Its maintenance is not possible unless the conduct and motives of
the members of the legal profession are clean.

Secondly, lawyers and judges are the priests of the shrine of justice, or
the officers of the court. Hence, it is desirable that they should hold such office
only during their good behavior.

Thirdly, an ethical code is essential, particularly for the new entrants to

the profession. It will focus their attention towards promoting the
administration of justice and upholding the dignity and honor of the profession
of law.

Obligation of an Advocate: -

The profession of law is one of the most learned and attractive

profession but with enormous obligations on the shoulder of an advocate
whose duty is to plead for his client. He owes a duty to his client and must
place before the Court all that can fairly and reasonably be submitted on behalf
of his client. Besides, as an officer of the court he also owes certain duties
towards the court as well as towards his colleagues. Thus, the Bar Council of
India has adopted certain rules on standard of profession conduct and
etiquette as general duties to advocates. Accordingly, an advocate's duty can be
classified as follows: -

I) Duty to the client,

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 II) Duty to the court,
III) Duty to the colleagues,
IV) Duty to the self, and
V) Duty to the public
I) Duty towards the client: -

1. An advocate is not bound to accept every case that is offered to him, but
once Accepts a case he must do the best for his client.

2. An advocate is not permitted to do anything that would cause loss to the

Interest if his client.

3. An advocate, who has advised his client in connection with the

institution of a Suit, shall not act, appear or plead for the opposite party.
Gross carelessness and disregard to this rule amount to professional mis
- conduct.

4. An advocate has the most important duty of not disclosing any

communication made to him by his client. However, an advocate is
exempted from this obligation under two circumstances.
i) Communication made in furtherance of any illegal purpose and
ii) Any fact observed by an advocate in the course of his
employment that a crime has been committed since his
employment.

5. An advocate must always advice his client frankly regarding the merit of
the case. He must not confuse his client or keep his client in darkness
about the possible outcome of the case.

6. An advocate should not exploit either the necessity of his client or his
good nature to obtain under advantage.

7. An advocate must not represent a case where there are several

defendants and whose interests are conflicting in nature. An advocate
appearing for the prosecution and who virtually had prepared a draft of
a written statement for the accused is guilty of having committed breach
of professional conduct.

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 8. An advocate shall not enter into an agreement, whereby funds in his
hands of his client are converted into loans. He must be very sincere in
maintaining an account of all his client's money that comes to his hands.

9. In the event of a success, it is not proper on the part of the advocate to

charge a larger fee that his usual remuneration.
10. As per the cannons of the professional ethics prescribed by the
American Bar - association, it should be the duty of an Advocate not to
accept a brief when he is convinced that such a case is intended only to
harass or to injure the opposite party.

11. An advocate shall not act or plead in any matter in which he himself is
peculiarly interested.

II) Advocate's Manners and Duties to the Court: -

The Supreme Court in Hargovind Dayal Vrs. G.N. Vérma AIR 1977 SC 133
had started that "it is the duty of the Lawyers to protect the dignity and
decorum of the judiciary. If lawyers fail in their duty, the faith of the people in
the judiciary will be undetermined to a large extent. It is said that the lawyers
are the custodians of civilization. Lawyers have to discharge their duty with
dignity, decorum and discipline."

Hence it is the principal duty of an advocate to be respectful to the

Court. Following are some of duties of an advocate owes to the court: -

1. When the Judge enters the court, all the members present in the Court
room should stand up and show respect to him.

2. An advocate should bow to the Judge while entering into returning from
the Court.

3. The advocate should wait till his turn to come for his matter to be taken
up and should not interrupt the other proceedings.

4. An advocate is an officer of the Court. He should address the Court in a

discipline manner with courteous language.

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 5. An advocate should not leave the Court room while Judge is dealing with
a matter in which he is concerned. He should also remain present when
the judgment is pronounced.

6. The advocate should not discuss with the Judge about a pending case
else where except in the Courtroom in the presence of the opposite
advocate.
7. An advocate should not appeal to the sentiment of the Judge. His
argument should Be on legal point.

8. The advocate should not try to influence the Judge by any other means
except by presentation through sound reasoning.

9. Unusual hospitality on the part of an advocate to a Judge should be

avoided. Similarly, a loan of financial help to a Judge by an advocate is
very much improper.

10.To be candid and fair to the Court is another important duty of an

advocate. He should not try to mislead the Judge by a false statement.

11.An advocate shall not enter appearance, act, plead or practice in any way
before a Court, Tribunal or Authority mentioned in Sec. 30 of the Act if
the sole or any member thereof is related to the advocate as father,
grandfather, son, grandson, uncle, brother, nephew, first cousin,
husband, wife, mother, daughter, sister, aunt, nice, father-in-law, mother-
in-law, son-in-law, brother-in-law, daughter-in-law or sister-in-law.

12.An advocate should not wear bands or grown in public places other than
in Courts except on such ceremonial occasions and at such places as the
Bar Council of India or the Court may prescribe.

III) Duties of an advocate to his colleagues: -

A balance behavior in court and a spirit of forgiveness are always the virtue of a
good advocate. An advocate must not only treat the Judge with curtsey but he
must treat his opponent equally. He has also certain obligation towards his
colleagues. They are: -

1. He should not make any understanding with the opponent lawyer which
he can not fulfill.

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 2. He should never in anyway communicate upon the subject of the
controversy or attempt to negotiate or compromise the matter directly
with any party represent- ted by an advocate except through such
advocate.

3. A lawyer is under a duty to advise the Court as to matters relevant to the

proper decisions of the case of which the opposing lawyer is ignorant or
which he has overlooked.

4. An advocate must not take the advantage of his opponent lawyer's

mistake to point out some technical matters involved in the suit.

5. Professional ethics demand that an advocate previously appearing in a

case should be consulted before, another advocate appears for the client
in the same case.

6. It is one of the most important duty of an advocate is that he must

refrain from stealing other's client.

7. An advocate must always be fare towards his colleagues.

8. An advocate must always be fair and sympathetic towards the opposite

lawyers witness. He should not confuse the witness by putting irrelevant
question during his examination.

IV) Duty to Self: -

An advocate's first and foremost duty relates to himself. As he owes

many duties to his client, to the Court and to his colleagues, he also owes
certain duties to himself.

Some of them are: -

1. He must equip himself for the profession, so that he can defend his client
properly.
2. An advocate must give equal importance to each case he undertakes or
is engaged.
3. He shall not personally engage himself in any trade and business. He
should not bid for or purchase either in his own name or in any other

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 name any property in the execution of a decree in which he was
professionally engaged.
4. An advocate should not undertake a case which he knows to be false or
which he believes to be false.
5. He must maintain a status as advocate and thus should not be a full time
salaried employee of any person or of a firm so long as he is in the roll of
the Bar Council as an advocate.
6. No advocate should accept a work which places him in a compromising
position.

V) Duties to Public: -

Free legal aid to the poor is the most important duty of an Advocate to
the public. He should represent without any charge to those persons who are
financially weak and unable to retain a lawyer. An advocate being a privileged
person can not excuse himself only on the ground that he has not been paid his
professional fees. Particularly, if an advocate is appointed by the Court to
defend a person who is charged with a crime, he is under a moral obligation to
accept such appointment and discharge his duty of defending the client
heartedly.

It is duty of a lawyer not only to his client but also to the courts and to
public to be punctual in attendance and to be concise and direct in the trial.

An advocate should always be reasonable in fixing his fees while

accepting a brief, whatsoever the nature of the case may be. He must help
those persons who are economically poor and can not afford to retain a lawyer
by defending their cases free of cost.

The practice of law is a learned profession which requires great and

prolonged labour, intense study of law and history of philosophy and of man.
The institution of legal profession demands character of an advocate. In the
adjustment of relation between the men and states, the character of the
adviser or of the representative of the parties often determines the issue,
when the mere application of any prescribed rule fails.

Profession of law is a brilliant and attractive profession. On who practices

such profession, he is not only called a lawyer but also a moral agent and as
such bound to be sincere. In his profession, he makes the moral rule
subordinate to the professional rule. "He sells to the client, not only his skill

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and learning but himself. He makes it the supreme object of his life to be, not a
good man, but a successful lawyer. To act rightly, is to be his proper object only
so far as it is consistent with the former. An advocate is bound by his
conscience to do what he thinks right, but he also bound to utilize his
knowledge to find out what is right. If he has not found out of this, his course
would definitely be doubtful."
PROFESSIONAL MIS - CONDUCT

Meaning of Professional Misconduct: -

The term misconduct means bad or immoral behavior, such misconduct

in any profession is called professional mis-conduct. Thus, professional
misconduct is an immoral behavior of a person engaged in any profession or
can be called as a gross professional negligence.

Professional misconduct has been defined as, "if it is shown that an

advocate in pursuit of his profession has done something with regard to it,
which would be reasonably regarded as disgraceful or dishonorable of his
professional brethren of good repute and competency then it is open to say
that he is guilty of professional misconduct."

Forms of Professional Misconduct: -

Professional misconduct includes any misconduct towards the Court or

out of the Court. Accordingly, t may be classifies as: -

i) To client.
ii) To court.
iii) To other lawyers.
iv) To other profession in general.

An advocate who has committed misconduct is liable for disciplinary action to

be taken by the Bar Council, disciplinary proceedings for professional
misconduct, through penal in nature, are designed for the purpose of
maintaining discipline in profession and to ensure that a person ceases to
practice who by his conduct has shown that he is unfit to do so. It is a
proceeding by the Bar council to enforce discipline over its members and to
take action against him who transgresses the professional rules of conduct.
Such actions may range from a warning, censure, debarring of the advocate
from practice and removal of his name from the rolls.

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 A LEADING ILLUSTRATIVE CASE ON PROFESSIONAL
MÍS - CONDUCT
(As heard and decided by the Disciplinary committee of Orissa State Bar
Council)
(CASE-1)
ISSUE: Mis-appropriation of Client's money
(D.C.E. No. 1 of 1995)

Allegation of the Complainant: -

In this case the complainant's petition is based on the allegation that the
respondent while discharging his duty in the profession has mis appropriated
complainant's money being his client.

Brief facts of the case: -

The complainant started an industry under the name "Orissa Gemstone

Cutting and Polishing Unit" at Bolangir with the loan sanctioned by O.S.F.C. But
he could not repay the loan in time, O.S.F.C. issued notice for attaching the said
unit. The complainant the engaged the respondent as his advocate to file a
case in the Hon'ble High Court for quashing that notice and for obtaining stay
order preventing attachment of the unit by O.S.F.C. The case was filled before
Hon'ble High Court, where stay was granted on condition of depositing Rs.
30000/-. The complainant expressed before the respondent his inability to pay
such a huge amount, where upon the respondent assured him to take legal
steps in the Hon'ble High Court for the installments. Subsequently the
complainant came with Rs.15000/- after getting telegram from the respondent
for payment of the installment and paid to him. The respondent granted a
receipt of Rs.15000/- on the demand of the respondent who thereafter
returned home. Subsequently, the unit of the complainant was seized as the
respondent did not appear and take steps in the case. Thereafter, the
complainant again approached the respondent and the respondent asked the

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complainant to pay Rs.3000/- more to release the unit from attachment.
Accordingly the complainant paid Rs.3000/- but the unit was not released from
the attachment. Then the complainant asked the respondent to refund the
money, but the responded refused to pay the amount rather abused and
threatened him. The complainant then approached the Bar Council with the
complainant and the State Bar Council finding prima facie case of professional
misconduct referred to Disciplinary committee for enquiry.
FINDINGS: -

The State Bar council before referring the matter to the disciplinary
Committee, issued notices to the respondent twice under certificate of posting
and one through registered post. But no response was made from the
respondent. The Disciplinary Committee issued notices by registered post in
the present address and address mentioned at the time of enrollment. As the
notice returned being un served, the order was passed on 14.10.94 to serve
notice by publication in the news paper "Samaj". The notice was published in
the "Samaj" on 24.10.94 fixing 10.11.94 for filling his defense statement. He
was found absent on the date of hearing. So, the enquiry proceeded ex - parte
against him.

The complainant as a witness examined and deposed in support of the

allegation made in his complaint petition. He also produced and proved the
money receipt granted by the respondent, the telegram and letters received
from him and the letters sent by the respondent to one Muzzafer, Hussein Khan
of Bolangir.

The conduct of the respondent in the misappropriating the money of his

client clearly constitutes professional misconduct of a serious nature. Being a
senior and experience lawyer and as a member of judicial service before hand,
which was evident from is letter to the complainant, he does not deserve any
lenient consideration at all.

The Bar Council has incurred expenditure of Rs.3720/- by publication of

notice in the newspaper. Taking all these into consideration the Disciplinary
committee is of opinion that the respondent should settled with heavy cost in
addition to the disciplinary action and is a fit case to remove the name of the
respondent from the roll of advocates of Orissa State Bar Council.

ORDER: -

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 The respondent is found guilty of professional misconduct and his name
is removed from the roll of advocate of Orissa State Bar Council. The
respondent is directed to pay cost of Rs.20000/- within three months out of
which Rs.4000/- will be deposited with the State Bar Council and the balance
amount of Rs.16000/- will be paid to the complainant falling which same will
be realized by levying execution.

Prahalad Saran Gupta v. Bar council of India

(AIR 1997 Sc 1338)

The Disciplinary committee was in error in holding the appellant guilty of

professional misconduct for drafting the notice under section 80 CPC, that was
served on the Union of India on behalf of M/s. Agarwal Traders on the ground
that document No. 16, the draft of the said notice, was in the hand writing of
the appellant/The Disciplinary Commit-tee had arrived at this conclusion by a
comparison of the handwriting of the appellant with the handwriting in
document No. 16. It was not advisable for the Disciplinary committee to base
its conclusion purely on the basis of its own comparison of the handwriting,
specially when the matter related to a charge of professional misconduct which
is quasi-criminal in nature requiring proof beyond reasonable doubt. Having
rejected the requestfor sending the document to a handwriting expert for
examination on the view that the allegation was not contained in the complaint
as originally filed, the Disciplinary committee was in error in going into the
merits of the said allegation and further more in comparing the writing in the
document with the handwriting of the appellant-advocate without the
assistance of the opinion of a handwriting expert and in coming to the
conclusion that the said document was in the handwriting of the appellant.The
action of the appellant in not returning the amount either to the decree-holder
or to the judgment-debtor and retaining the same with himself till May 2,1978
when he deposited it in the court, was not in consonance with the standards of
professional ethics expected from a Senior member of the profession.
Therefore, the appellant had been rightly held guilty of professional
misconduct for having wrongfully retained Rs. 1500 which had been kept with
him in connection with the settlement in the execution proceedings. The ends

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of justice would be met if the punishment of reprimand is imposed on the
appellant for committing the misconduct of wrongfully retaining the amount

A NEGLIGENCE IN CONDUCTING CASE AND MISLEADING CLIENT

23(1) 1996 IBR 155

B.C.I. Tr. Case No. 104/1990
C vs R
Shri Jagannath Patnaik (Chairman) and Shri Ashok Deb and Shri S.K. Padhi
(Members) Judgement Dated 19th November, 1995

FACTS OF THE CASE

Complainant’s Case: The Complainant had filed a suit in respect of an

immovable property and had appointed the Respondent-Advocate to represent
him in the said case. The Complainant visited the Respondent on different
dates to ask about the progress of the case. He was informed that the case was
pending in the Court of the Rent Controller. After a considerable time, the
Complainant discovered that the case had been dismissed for default long
back. The Complainant’s efforts to restore the case through another Advocate
did not yield any results and he was constrained to file a fresh case.

Respondent’s Case: Respondent admitted that he had represented the

Complainant in the said case, but could not give any reason for the dismissal of
the case for default, and also for making the false representations to the
Complainant that the case was pending.

PROCEEDINGS

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 Therefore, the B.C.I. had no hesitation in holding that the Respondent
had committed professional misconduct as it is well settled that gross
negligence on the part of an Advocate which leads to the suffering and
harassment of the client will amount to misconduct, and that it was exactly
what had happened in this case. The Respondent-Advocate had neither
expressed remorse nor tendered apology in his defence. On the contrary, he
had unnecessarily tried to put blame upon the Complainant himself. It was also
brought to the notice of the D.C. of B.C.I. that the Respondent-Advocate had
committed similar misconduct in the past and had been punished with
suspension for a period of 1 month. That order was confirmed by the Supreme
Court of India.

ORDER

In view of all these circumstances, the D.C. of B.C.I. found it proper to

suspend the Respondent-Advocate from practice for a period of six months.

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 BIBLIOGRAPHY

Book Referred:

1. Dr. S.P. Gupta - Professional Ethics Accountancy for Lawyers and Bench-Bar
Relations
2. J.P.S. Sirohi - Professional Ethics, Accountancy for Lawyers and Bench Bar Relations

Case References:

1. SC Bar Association v. UOI, AIR 1998 SC 1895

2. Smt Pushpaben & others v. Narandas V Badani, AIR 1979 SC 1536
3. R.K. Anand v. Registrar, Delhi High Court (2009) 8 SCC 106
4. Prahalad Saran Gupta v. Bar Councile of India, AIR 1997 SC 1338
5. Mrityunjoy Das v. Sayed Rahaman AIR 2001 SC 1293

Websites Referred:

1. https://indiankanoon.org/doc/198725456/

2. https://www.legalserviceindia.com/legal/article-2375-case-analysis-of-
prahlad-saran-gupta-v-s-bar-council-of-india-professional-
misconduct-.html

3. https://www.studocu.com/in/document/st-josephs-college-of-law-
bangalore/professional-ethics/bar-council-of-india-opinions-iv-llb-kslu-
50-opinions/11766413

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Date:
Place: Full Signature of the
Examinee

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