PROJECT REPORT ON:

“Legal Ethics & Responsibilities in the Legal Profession”

Submitted By:

Siddhant Mandal, Roll: UL20BB039

Under the Guidance of:

Prof. Siva Sankar Chaini,

Subject: Professional Ethics and professional Accounting
Xavier Law School,
XIM UNIVERSITY
BATCH: 2020-25

XAVIER LAW SCHOOL, XIM UNIVERSITY,

BHUBANESWAR,

INDIA

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 CERTIFICATE

This is to certify that Siddhant Mandal (Roll No. UL20BB039) has completed the
assignment titled “Legal Ethics & Responsibilities in the Legal Profession” at
Xavier Law School under my supervision and guidance in fulfilment of requirements of
the 9th Semester, BBA LLB and it is the original work, and it is not copied from anywhere
else.

_________________________.

Prof. Siva Sankar Chaini

Department of Law
Xavier University Bhubaneswar

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 Legal Ethics & Responsibilities in the Legal Profession

1. Introduction:
1.1. Brief background and context
Legal ethics and legal responsibility form the cornerstone of the legal profession, establishing
the moral and legal standards that guide the conduct of lawyers and other legal professionals.
These principles are, therefore, necessary for maintaining the fairness, integrity, and
transparency of the Indian legal system, which simultaneously ensures the best interest of
their clients, the court and society at large.

If we go back to ancient times, we can see the roots of legal ethics, where the importance of
moral conduct, fairness and justice can be seen among those who practice law. These
principles became more codified and formalised with time, reflecting the growing complexity
of legal systems and the expanding roles of legal professionals.

In the modern era, legal ethics are enshrined in codes of conduct and ethical guidelines
established by professional bodies, i.e. Bar Council Rules or Advocates Act. These codes
provide a framework of ethical behaviour, addressing key areas such as client confidentiality,
conflicts of interests, competence, diligence, and professional misconduct; they are designed
to protect the rights and interests of clients, uphold the rule of law, and foster public trust in
the Indian Legal system.

The concept of professional responsibility extends beyond compliance with these codes,
encompassing legal practitioners' broader duties and obligations. This includes the duty to
provide competent and diligent representation, to communicate effectively with clients, to act
with honesty and integrity, and to pursue justice while balancing the competing demands of
various stakeholders.

As the legal profession faces new challenges in an increasingly globalised and digital world,
the importance of legal ethics and professional responsibility continues to grow. Lawyers
must navigate complex ethical dilemmas, adapt to technological advancements, and respond
to evolving societal expectations while maintaining their commitment to moral principles.

In essence, legal ethics and professional responsibility are fundamental to the practice of law,
guiding legal professionals in their interactions with clients, the court, and society and
ensuring that the pursuit of justice is carried out with integrity and respect for all parties
involved.

1.2. Overview of legal issues

Some of the legal issues in legal ethics and legal responsibility in India are as follows:

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 1.2.a. Conflict of Interest: Lawyers must avoid situations where their personal
interest or the interest of multiple clients conflict, ensuring impartiality and fairness in
representation.

1.2.b. Confidentiality: Maintaining client confidentiality is paramount. Lawyers must

protect client information, except when disclosure is legally mandated.
1.2.c. Competence and Diligence: Lawyers must provide competent and diligent
representation, avoiding taking on cases beyond their expertise.
1.2.d. Professional Misconduct: Acts such as fraud, deceit, or misappropriation of
client funds are considered professional misconduct and can lead to disciplinary actions.
1.2.e. Advertising and Solicitation: Lawyers must adhere to guidelines on
advertising and soliciting, avoiding false or misleading representation.
1.2.f. Access to Justice: Lawyers are ethically obligated to provide legal services to
those unable to afford them, ensuring fair access to legal representation.
1.2.g. Bias and Discrimination: Addressing implicit bias and promoting diversity
within the legal profession to maintain fairness and equality.

2. Analysis of Legal Issues:

2.1. Conflict of interest
The conflict of law arises when the lawyer’s interest conflicts with those of their client or
with the interests of another client or third party. Indian legal system has strict rules about
conflicts of interest in the legal profession.

Bar Council of India deals with the concept of ‘Conflict of interest’ under Chapter II
(“standard of professional conduct and etiquette”), Part VI (“standard of professional conduct
and etiquette”) of the BCI Rules, as follows:
 An advocate who has previously advised a party in connection with a particular suit,
appeal, or other case or who has drawn pleadings or has appeared for a party should
not act, attend, or plead for the opposing party in the same matter.
 the advocate must fully and openly disclose to the client his or her connections with
the parties involved and any interests that may influence his or her client’s decision to
hire him or her for that particular matter.
 It is the advocate's responsibility not to accept a brief or represent a client in a case
where he is a witness or where he has cause to suspect that, due to a sequence of
events, he will be called upon to act as a witness.
 An advocate shall not act on the instructions of anyone other than his client
or authorised agent.
 An advocate shall not act on the instructions of anyone other than his client
or authorised agent.
 It shall be the duty of an advocate to fearlessly uphold the interests of his client by all
fair and honourable means without regard to any unpleasant consequences to himself
or any other person/ entity.
 An advocate shall not do anything whereby he abuses or takes advantage of the
confidence reposed in him by his client.

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Case laws:
1. Mary Lilian Hira Devi v. Digbijai Singh, 1917: Privy Council held that “on the
impropriety of a legal practitioner who has acted for one party in a dispute … acting
for the other party in subsequent litigation between them relating to or arising out of
that dispute. Such conduct is open to misconception and will likely raise suspicion in
the original client's mind and embitter the subsequent litigation. … This is a matter
which concerns the honour of the profession.”
1. Chandra Shekhar Soni v. Bar Council of Rajasthan and Others, AIR 1983 SC
1012: the Hon’ble Supreme Court of India held that “It is not by professional etiquette
for an advocate while retained by one party to accept the brief of the other. It is
unprofessional to represent conflicting interests except by express consent given by
all concerned after fully disclosing the facts... The counsel's paramount duty is to the
client, and where he finds a conflict of interest, he should refrain from doing anything
that would harm his client's interests. When entrusted with a brief, a lawyer is
expected to follow the norms of professional ethics and try to protect his client's
interests concerning whom he occupies a position of trust.”
2.2. Confidentiality:
Under the Bar Council of India (BCI) Rules, confidentiality is critical to an advocate's duty
towards their client. Here are the relevant rules and case laws:
2.2.a. Rule 7: An advocate should not, directly or indirectly, disclose the
communications made by his client to him. This rule emphasises the importance of
maintaining client confidentiality.
2.2.b. Rule 15: An advocate should not misuse or take advantage of his client's
confidence reposed in him. This rule ensures that the trust between a lawyer and a client is
upheld.
2.2.c. Exception: the advocate may be required to disclose confidential information if
it violates Section 126 of the Indian Evidence Act of 1872.

Case Laws:
1. American Express Bank, Ltd. v. Ms. Priya Puri, 2006 SCC OnLine Del 638:
This case involved a breach of confidentiality by an employee who disclosed
confidential information to a third party. The court ruled in favour of the bank,
emphasising the importance of maintaining confidentiality in employment contracts.
2. Sandhya Organic Chemicals Pvt Ltd & Ors v. United Phosphorus Ltd & Anr,
AIR 1997 GUJARAT 177: This case dealt with the unauthorised use of confidential
information related to chemical formulas. The court held that the defendant had
misappropriated trade secrets, resulting in a breach of confidentiality.

2.3. Competent and Diligence:

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In the Indian Legal System, competence and diligence are fundamental principles that govern
the conduct of advocates. These principles are enshrined in the Advocates Act of 1961 and
the Bar Council of India Rules.
2.3.a. Competence: Competence refers to the ability of an advocate to handle legal
matters with the necessary knowledge, skill, and expertise. Advocates must maintain and
update their legal knowledge to represent clients effectively. The Bar Council of India Rules
emphasise that an advocate should always comport themselves in a manner befitting their
status as an officer of the court.
2.3.b. Diligence: It involves thorough preparation and commitment to the client's
cause. Advocates must exercise their best efforts to ensure they are well-prepared for all legal
proceedings and act in their client's best interests.

Case Laws:
1. C A Rajesh V Dudhwala vs. Disciplinary Committee, (2012) 2 SCC 123: This case
involved a Chartered Accountant who the Council punished for debarring him from
active practice for one year due to professional misconduct.
2. Professional Ethics in the Indian Legal System: The Role of the Advocates Act,
(2013) 3 SCC 645: This case explored the concept of professional ethics in the legal
profession of India, emphasising the importance of competence and diligence.

2.4. Professional Misconduct:

Professional misconduct in the legal field in India is governed by the Advocates Act, 1961
and the Bar Council of India Rules. Professional misconduct refers to any behaviour by an
advocate that is inconsistent with the standards of professional ethics and conduct expected in
the legal profession.
2.4.a. Advocates Act, 1961: The Advocates Act, 1961, under Section 35, addresses
professional misconduct by Indian attorneys and advocates. It outlines the procedures for
handling complaints of professional misconduct and the possible disciplinary actions that can
be taken against advocates found guilty of such misconduct.
2.4.b. Bar Council of India Rules: The Bar Council of India Rules provide detailed
guidelines on the professional conduct expected from advocates. These rules emphasise the
importance of maintaining integrity, honesty, and ethical behaviour in law practice.

Case Laws:
1. Powen Kumar Sharma v. Gurdial Singh (AIR 1999 SC 98): This case involved an
advocate who was found to be involved in a taxi business at the time of his enrolment
with the Bar Council. The court ruled that owning taxis constituted professional
misconduct, and the advocate was suspended from practice for one year.
2. Mahabir Prasad Singh v. M/S Jack Aviation (AIR 1999 SC 287): In this case, the
advocate was involved in a boycott of the court, which led to the transfer of a case to
another court. The Supreme Court held that such actions amounted to professional
misconduct and ordered the advocate reprimanded.
3. Supreme Court Bar Association v. Union of India (AIR 1998 SC 1995): This case
involved the Bar Council of India Chairman, who was found guilty of contempt of

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 court and suspended from practice for three years. The court emphasised the
importance of maintaining professional conduct and ethical behaviour.

2.5. Advertising and Solicitation:

Advertising and solicitation by advocates in India are strictly regulated by the Bar Council of
India (BCI) and the Advocates Act of 1961.
2.5.a. Bar Council of India Rules: Rule 36 of the Bar Council of India Rules, 1975
prohibits advocates from advertising or soliciting work. This rule states that an advocate shall
not solicit work or advertise, either directly or indirectly, through circulars, advertisements,
touts, personal communications, interviews not warranted by personal relations, furnishing or
inspiring newspaper comments, or producing photographs to be published in connection with
cases they are engaged in.
2.5.b. Advocates Act, 1961: Section 49(1)(c) of the Advocates Act, 1961 empowers
the Bar Council of India to make rules regarding the standards of professional conduct and
etiquette to be maintained by advocates. The BCI has used this power to implement Rule 36,
which prohibits advertising and solicitation.

Case Laws:
1. Bar Council of Maharashtra v. M. V. Dabholkar, AIR 1975 SC 1593: The
Supreme Court upheld the prohibition on advertising and solicitation by advocates,
emphasising that the legal profession is noble and should not be commercialised.
2. V.B. Joshi v. Union of India, AIR 2008 SC 167: The Supreme Court reiterated the
importance of maintaining the dignity and integrity of the legal profession by
prohibiting advertising and solicitation.
3. Rajendra V. Pai v. Alex Fernandes & Ors, AIR 2002 SC 258: The court held that
advocates cannot engage in any form of advertising or solicitation as it would
undermine the professional ethics and standards of the legal profession.

2.6. Access to Justice:

Access to justice is a fundamental right in India, supported by various statutory provisions
and case laws. Here's an overview of how the Bar Council of India Rules and the Advocates
Act of 1961 address access to justice.
2.6.a. Bar Council of India Rules: The Bar Council of India Rules emphasise the
importance of providing legal aid to ensure that justice is accessible to all, especially the
underprivileged and marginalised society. Rule 36 of the Bar Council of India prohibits
advocates from advertising or soliciting work, ensuring that legal services are provided
ethically and without undue influence.
2.6.b. Advocates Act, 1961: The Advocates Act, 1961, under Section 49, empowers
the Bar Council of India to make rules regarding the standards of professional conduct and
etiquette to be maintained by advocates. This includes ensuring that advocates provide legal
aid to those who cannot afford it and promoting access to justice.

Case Laws:

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 1. Hussainara Khatoon v. State of Bihar, (1979) 3 SCC 545: This case emphasised
the right to free legal aid for prisoners who cannot afford legal representation. The
Supreme Court held that the state must provide free legal services to ensure citizens
do not deny justice due to poverty or other social and economic disabilities.
2. Legal Services Authorities Act, 1987: This Act was enacted to provide free and
competent legal services to the weaker sections of society to ensure that opportunities
for securing justice are not denied to any citizen because of economic or other
disabilities.
3. M.C. Mehta v. State of Tamil Nadu, (1996) 6 SCC 376: This case highlighted the
importance of providing legal aid to ensure access to justice for all, especially the
poor and marginalised. The Supreme Court emphasised that legal assistance is
essential to a fair, just, and reasonable procedure.

2.7. Bias and Discrimination:

The Advocates Act, 1961, and the Bar Council of India (BCI) Rules provide a framework to
ensure fair representation and prevent bias. The BCI Rules, notably Chapter II, Part VI,
outline the Standards of Professional Conduct and Etiquette. These rules mandate that
advocates uphold their clients' interests without personal bias and maintain professional
conduct.

3. Conclusion:
The realm of legal ethics and responsibilities in the legal profession is vast and intricate,
serving as the backbone for maintaining integrity, fairness, and trust within the judicial
system. At its core, legal ethics embodies the principles that govern the conduct of legal
practitioners, ensuring they uphold the highest standards of professionalism. This
comprehensive exploration has illuminated the multifaceted nature of ethical obligations,
including duties to clients, the courts, and society at large.

The foundation of legal ethics is built upon critical tenets such as confidentiality,
competence, diligence, and avoiding conflicts of interest. These principles are not merely
theoretical but are enforced through stringent rules and regulations, including the Advocates
Act of 1961 and the Bar Council of India Rules. Through various landmark case laws, the
judicial system has underscored the critical importance of these ethical standards, illustrating
the severe repercussions of breaches and the mechanisms for enforcing compliance.

Moreover, the role of legal ethics extends beyond individual conduct, influencing broader
societal goals. Legal professionals are seen as guardians of the law, with a profound
responsibility to ensure justice is administered impartially and equitably. This role is
especially pertinent in an era of rapid technological advancements and globalisation, where
new ethical dilemmas continually emerge.

In conclusion, legal ethics and responsibilities serve as the guiding light for the legal
profession, ensuring that law practice remains a noble and trusted pursuit. By adhering to
these ethical standards, legal practitioners uphold the rule of law and contribute to achieving

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justice and equity in society. As the legal landscape continues to evolve, the principles of
legal ethics will remain indispensable in navigating new challenges and sustaining public
confidence in the legal system.