1. Duties of Advocate towards other side council and party.

1. Duty of Respect and Courtesy

 An advocate must maintain a courteous and respectful attitude towards the opposing counsel and the other party.

 Personal animosity or hostility should be strictly avoided, even during heated litigation.

 Professional rivalry should not spill over into personal antagonism.

Example: Even during a fierce cross-examination, the advocate should avoid personal attacks or derogatory language towards the opposing
lawyer or party.

2. Duty to Avoid Misleading or Deceiving

 An advocate must not willfully mislead the opposing counsel or party regarding facts, legal positions, or procedural matters.

 Engaging in trickery or misrepresentation to gain an advantage is a violation of ethical norms.

Example: It is unethical for an advocate to withhold material documents that the other side is entitled to under discovery rules.

3. Duty Not to Influence the Opposing Party Improperly

 An advocate should not directly communicate with the opposing party if they are represented by a lawyer.

 All communication should occur through or in the presence of the opposing counsel, unless legally or procedurally permitted.

Example: Contacting the other party secretly to obtain a concession without the knowledge of their advocate is considered unethical.

4. Duty to Uphold Fair Play

 The adversarial process requires fairness from both sides. An advocate should not take advantage of procedural lapses or
mistakes made by the other side unless it is legally justified.

 Advocates should avoid “ambush tactics” or surprise evidence without disclosure, unless allowed by law.

5. Duty to Refrain from Offensive Tactics

 Advocates must refrain from abusive language, sarcasm, or making personal remarks against the opposite counsel or party.

 The focus should remain on legal arguments and facts rather than character attacks.

Example: Making defamatory or scandalous allegations without basis against the other party or their lawyer is a breach of professional
ethics.

6. Duty to Cooperate Where Required

 Advocates must cooperate with each other in procedural matters, such as agreeing on hearing dates, filing timelines, and minor
amendments.

 This promotes judicial efficiency and reduces unnecessary friction.

Example: Agreeing on a rescheduling request from the opposing counsel due to a personal emergency, unless it causes undue harm to the
client’s interest.

7. Duty Not to Abuse the Legal Process

 An advocate should not use legal procedures to harass or pressurize the opposing party.

 Filing frivolous applications or appeals solely to delay proceedings or burden the opposite side is unethical.

8. Duty of Confidentiality and Integrity

 If an advocate comes into possession of privileged information about the opposite party, they must handle it with professional
integrity.

 It is unethical to exploit accidental disclosures or information obtained through unethical means.

9. Duty in Case of Settlement Negotiations

 When engaging in settlement negotiations, advocates must act honestly and in good faith.
  They must ensure that any compromise is fair and that the opposing party is not coerced or misled.

10. Duty Not to Undermine the Authority of Opposing Counsel

 Advocates must not attempt to undermine the role or authority of the opposing counsel in front of their client or the court.

 Respect for the professional standing of fellow lawyers is essential for the dignity of the profession.

Legal and Ethical Basis

Bar Council of India Rules (Part VI, Chapter II)

 Rule 36: Advocates shall not use any improper or illegal means to influence the decision of the court.

 Rule 43: Advocates shall not directly negotiate with the opposing party unless authorized.

Judicial Pronouncements

Indian courts and international courts alike have upheld the importance of ethical conduct toward the opposing party and counsel.
Misconduct can result in disciplinary actions, including suspension or disbarment.

Conclusion

The duties of advocates toward the opposing counsel and party are foundational to a just legal process. These responsibilities ensure that
despite being adversaries in litigation, advocates conduct themselves with professionalism, fairness, and integrity. Observing these ethical
standards not only preserves the dignity of the legal profession but also enhances public confidence in the judicial system.

2Q. Composition and powers of Bar Council of India

The Bar Council of India (BCI) is the apex statutory body that governs the legal profession and legal education in India. Its powers and
functions are derived from the Advocates Act, 1961. As part of Professional Ethics, understanding the structure and authority of the BCI is
vital, as it is the main regulator that enforces the code of conduct, oversees disciplinary actions, and ensures ethical practice within the
legal profession.

I. Composition of the Bar Council of India

As per Section 4 of the Advocates Act, 1961, the BCI is constituted as follows:

1. Ex-Officio Members

 Attorney General of India – Ex-officio member.

 Solicitor General of India – Ex-officio member.

2. Elected Members

 One member elected from each State Bar Council, from among its members.

3. Chairman and Vice-Chairman

 Elected by the members of the Bar Council of India from among themselves.

 The term of the Chairman and Vice-Chairman is typically two years.

4. Secretary

 A full-time officer, generally an advocate with significant experience, appointed to manage administrative functions.

Total Membership usually ranges around 21 members, but may vary depending on the number of State Bar Councils.
II. Powers and Functions of the Bar Council of India

Outlined under Section 7 of the Advocates Act, 1961, the powers and functions of the BCI are broad and include the following:

1. Regulatory Function

 Lays down standards of professional conduct and etiquette for advocates.

 Frames rules concerning the ethical duties of advocates toward the court, clients, fellow lawyers, and society.

2. Legal Education

 Promotes and sets standards of legal education in India.

 Approves law colleges and universities and conducts inspections.

 Prescribes eligibility criteria for law degrees and entry into the profession.

3. Recognition of Law Colleges

 Grants recognition to law colleges and institutes whose degrees are accepted for enrollment as an advocate.

 Can withdraw approval if institutions do not meet required standards.

4. Disciplinary Powers

 Acts as an appellate body for disciplinary matters decided by State Bar Councils.

 Can frame rules for disciplinary committees and hear appeals from their decisions.

5. Enrollment of Advocates

 Lays down rules regarding the qualifications and conditions for admission of persons as advocates.

 Maintains a common roll of advocates who are eligible to practice in the Supreme Court and across India.

6. Welfare Measures

 Undertakes schemes for the welfare of advocates, including insurance, pension, and financial aid.

 Provides assistance during emergencies like natural disasters, illness, etc.

7. Legal Aid

 Promotes legal aid to the poor and implements legal literacy and legal awareness programs.

8. Safeguard the Rights and Interests of Advocates

 Protects the rights, privileges, and interests of advocates.

 Defends advocates against injustice or harassment in the course of their profession.

9. Conduct of All-India Bar Examination (AIBE)

 Conducts the AIBE, which is mandatory for law graduates to qualify as practicing advocates.

10. Rule-Making Powers

 Can make rules on a wide range of subjects such as:

o Professional attire for advocates.

o Disciplinary procedures.

o Conditions for foreign lawyers to practice in India.

III. Importance in the Context of Professional Ethics

The Bar Council of India plays a pivotal role in upholding professional ethics by:
 Ensuring advocates adhere to a prescribed code of conduct.

 Disciplining unethical behavior and misconduct.

 Educating advocates about their professional responsibilities.

 Serving as a watchdog over the legal profession’s integrity and decorum

3Q. Honesty and courage as Important Lamp of advocacy.

Honesty and Courage as Important Lamps of Advocacy

Subject: Professional Ethics and Advocacy

In the noble profession of law, an advocate is not merely a mouthpiece for their client but a vital instrument in the administration of
justice. The foundation of this role rests heavily on two timeless ethical virtues — Honesty and Courage. These values are often
described as the “lamps of advocacy”, illuminating the path an advocate must follow to uphold justice, preserve dignity, and fulfill
their professional responsibilities.

I. Honesty: The Pillar of Ethical Advocacy

1. Definition and Ethical Value

Honesty refers to truthfulness, transparency, and moral integrity in all actions and representations. For advocates, honesty is both a
legal obligation and a moral imperative.

2. Legal Duties Rooted in Honesty

 An advocate must not mislead the court by making false statements or suppressing facts.

 They must disclose all material facts, even if it weakens their client’s case.

 Filing false affidavits, tampering with evidence, or misrepresenting law is strictly unethical and punishable.

3. Honesty Toward Clients

 An advocate must give honest legal opinions and not raise false hopes.

 They must inform clients about the true position of law and potential outcomes.

 They must not take advantage of a client's ignorance of legal procedures.

4. Honesty in Professional Conduct

 Honesty also includes fair billing, avoiding unnecessary litigation, and refusing to represent clients who seek to misuse the law.

Illustration:

If an advocate discovers that their client has withheld critical evidence or intends to commit perjury, it is the advocate’s ethical duty
to withdraw from representation rather than become complicit.

II. Courage: The Backbone of Advocacy

1. Definition and Ethical Value

Courage in advocacy refers to the moral strength to stand firm in defense of truth, justice, and ethical principles, even in the face of
opposition, pressure, or threat.

2. Speaking Truth to Power

 An advocate must not fear judicial displeasure, political influence, or public opinion when presenting a case.

 They must argue fearlessly, even against powerful adversaries, when defending the legal rights of their client.

3. Upholding the Rule of Law

 Courage empowers advocates to challenge unjust laws, expose corruption, or oppose illegal orders from clients or authorities.
 It demands that lawyers refuse unethical cases, even at the cost of personal gain.

4. Protecting the Defenseless

 Advocates often defend unpopular clients, including those accused of heinous crimes, because everyone is entitled to legal
representation.

 Such cases test the advocate’s professional courage and commitment to justice.

Illustration:

In many landmark constitutional cases, advocates have defended marginalized individuals and civil rights against state abuse, showing
immense courage despite public or governmental pressure.

III. Interdependence of Honesty and Courage

 Without honesty, courage becomes reckless advocacy without ethical grounding.

 Without courage, honesty becomes passive and ineffective in the face of injustice.

 Together, they ensure that advocates do not become tools of oppression, but guardians of justice.

IV. Legal and Ethical Basis

Bar Council of India Rules (Chapter II, Part VI)

 Rule 1: An advocate must conduct himself with dignity and self-respect.

 Rule 3: An advocate shall not conduct a prosecution or defense in a manner that is illegal or unworthy of the legal profession.

 Rule 15: Advocates must fearlessly uphold the interests of their client, without regard to any unpleasant consequences

4Q. Kinds of Contempt with illustrations?

I. Civil Contempt

Definition (Section 2(b))

"Civil contempt" means willful disobedience to any judgment, decree, direction, order, writ or other process of a court or willful
breach of an undertaking given to a court.

Key Elements

1. A valid order or undertaking must exist.

2. The disobedience must be willful or deliberate.

Illustrations

 If a party refuses to comply with a court’s order to vacate a property within a given time, it amounts to civil contempt.

 If an advocate gives an undertaking in court on behalf of their client and fails to ensure compliance, it can amount to civil
contempt.

 Example: A government officer fails to implement a court's direction to reinstate an employee despite being served the
order.

II. Criminal Contempt

Definition (Section 2(c))

"Criminal contempt" means the publication (by words, spoken or written, or by signs, or by visible representation) or doing of any
act which:

1. Scandalizes or tends to scandalize, or lowers or tends to lower the authority of any court;
2. Prejudices, or interferes or tends to interfere with the due course of any judicial proceeding;

3. Interferes or tends to interfere with, or obstructs or tends to obstruct, the administration of justice in any other manner.

Kinds of Criminal Contempt (With Illustrations)

1. Scandalizing the Court

 Any attack on the integrity or impartiality of a judge or court that undermines public confidence.

Illustration:

 Publishing an article claiming a judge was biased or corrupt without proof constitutes criminal contempt.

2. Prejudicing a Judicial Proceeding

 Making public comments or publishing material about a case that is sub judice (under consideration by the court) and could
influence the outcome.

Illustration:

 A news channel runs a program accusing the accused of being guilty in a pending murder trial, potentially influencing the
court and public opinion.

3. Obstruction of Justice

 Actions that disrupt or interfere with court proceedings or prevent justice from being served.

Illustration:

 Threatening a witness to prevent them from testifying truthfully in court.

4. Abusive or Intemperate Language in Court

 Using offensive, disrespectful, or derogatory language toward a judge or court staff during proceedings.

Illustration:

 An advocate shouting at the judge or accusing them of personal bias during a hearing.

III. Exceptions and Defenses

Under Section 5 and Section 13 of the Act:

 Fair criticism of judicial acts and judgments is allowed.

 Truth as a defense: If a contempt charge arises from a statement that is true and made in public interest, it can be a valid
defense (added in 2006).

 Innocent publication or distribution and fair and accurate reports of judicial proceedings are exempt.

IV. Relevance to Professional Ethics

For advocates, contempt rules are closely tied to professional conduct. Ethical responsibilities include:

 Maintaining respect for the court at all times.

 Refraining from scandalous allegations against judges.

 Avoiding interference in ongoing legal matters.

5Q. Procedure for initiating disciplinary action against advocate under Advocates Act

Advocates are expected to uphold the highest standards of professional conduct and ethics. When an advocate is alleged to
have committed misconduct, disciplinary action may be initiated against them under the provisions of the Advocates Act,
1961. This process ensures accountability while protecting the rights of the advocate to a fair inquiry.
 I. Legal Framework

The procedure for disciplinary action is primarily governed by:

 Section 35 of the Advocates Act, 1961

 Relevant rules framed by the Bar Council of India and State Bar Councils

 Bar Council of India Rules (Part VII and Part VIII)

II. Meaning of Professional Misconduct

"Professional misconduct" is not exhaustively defined in the Act. It generally includes:

 Misappropriation of client funds

 Breach of professional confidence

 Deceit, fraud, or misrepresentation

 Contemptuous behavior toward courts

 Acting contrary to professional ethics

III. Procedure for Disciplinary Action

1. Filing of Complaint

 Any person aggrieved, including a client, another advocate, or even a judge, may file a written complaint before the State Bar
Council where the advocate is enrolled.

 The complaint must clearly state the facts of the alleged misconduct and include supporting documents, if any.

2. Preliminary Scrutiny by State Bar Council

 Upon receipt of the complaint, the State Bar Council examines whether there is a prima facie case of misconduct.

 If there is no prima facie case, the complaint is dismissed.

 If a prima facie case exists, the Council refers the matter to its Disciplinary Committee.

3. Formation of Disciplinary Committee

 The Disciplinary Committee usually consists of three members, including at least one senior advocate.

 The advocate against whom the complaint is made is given a notice of the charges and an opportunity to respond.

4. Hearing and Inquiry

 The Disciplinary Committee conducts an inquiry similar to a trial, adhering to principles of natural justice.

 Both the complainant and the accused advocate can present evidence, witnesses, and arguments.

 The proceedings are quasi-judicial in nature.

5. Decision and Punishment

After the inquiry, the Disciplinary Committee may:

 Dismiss the complaint if no misconduct is proven.

 Reprimand the advocate.

 Suspend the advocate from practice for a specified period.

 Remove the advocate’s name from the roll of advocates (disbarment), which is the most serious penalty.

6. Appeal to the Bar Council of India (Section 37)

7. Further Appeal to the Supreme Court (Section 38)

 A party can further appeal to the Supreme Court of India against the decision of the Bar Council of India within 60 days.

IV. Role of the Bar Council of India

 It acts as an appellate authority in disciplinary matters.

 It can initiate disciplinary proceedings suo motu in certain cases under Section 36B.

 It may transfer a case from a State Bar Council to itself if needed.

V. Suspension Pending Inquiry (Section 36B)

 In serious cases, the advocate may be suspended from practice pending the outcome of the inquiry, to maintain the integrity
of the profession.

VI. Importance in Professional Ethics

Disciplinary proceedings ensure that:

 Advocates act with integrity, honesty, and professionalism.

 The legal profession remains respected and accountable.

 Clients and the public retain trust in the justice delivery system.

Case Analysis: P. J. Ratnam v. D. Kanikaram (1964 AIR 244, 1964 SCR (2) 843)

Subject: Professional Ethics and Advocacy

I. Introduction

The case of P. J. Ratnam v. D. Kanikaram is a significant judgment by the Supreme Court of India that deals with professional
misconduct by an advocate. It highlights the ethical responsibilities of an advocate toward clients and the legal system, and
the consequences of violating professional conduct.

II. Facts of the Case

 P. J. Ratnam, an advocate, was found guilty of professional misconduct.

 The misconduct involved practicing law in a court where he was not authorized to do so.

 Additionally, there were issues related to misrepresentation and unethical behavior toward a client.

The complaint was filed under Section 35 of the Advocates Act, 1961, before the State Bar Council, and later the matter was
taken to the Bar Council of India and finally to the Supreme Court.

III. Legal Issues Involved

1. What constitutes professional misconduct under the Advocates Act?

2. Did the advocate's actions violate the Bar Council Rules and the standards of professional ethics?

3. What disciplinary action is appropriate for such misconduct?

The Supreme Court upheld the decision of the Bar Council of India and confirmed that:

 The conduct of P. J. Ratnam amounted to professional misconduct.

 Practicing in a court without proper authorization and misleading a client was a serious breach of professional ethics.

 The court emphasized the importance of maintaining the dignity and integrity of the legal profession.

The advocate was suspended from practice for a specific period as a punitive and reformative measure.

V. Key Principles Established

1. Ethical Duty of Advocates

An advocate is expected to:

 Act honestly and responsibly.

 Adhere strictly to professional boundaries and jurisdictional limits.

 Maintain the confidence and trust of clients.

2. Misrepresentation is Misconduct

 Advocates who mislead clients, abuse legal procedures, or operate outside legal parameters violate ethical obligations.

3. Role of Bar Councils and Judiciary

 The judgment reaffirmed the disciplinary powers of the State Bar Council and the Bar Council of India under the Advocates
Act, 1961.

 The Supreme Court has the final authority under Section 38 to review disciplinary decisions and ensure justice.

VI. Relevance to Professional Ethics

This case is often cited in legal ethics courses and exams for the following reasons:

 It exemplifies what amounts to professional misconduct.

 It stresses the advocate’s duty to practice only where authorized.

 It emphasizes the need for truthfulness, loyalty to clients, and respect for legal procedures.

The case serves as a cautionary precedent for all legal practitioners to maintain high ethical standards in advocacy.