Legal Guide

Everything About Professional Ethics in Law

by Bhavya Choudhary · 4 min read

Professional ethics in law

Introduction

  • Professional ethics in Law includes a moral code that governs how those working in the legal field and the practice of Law should behave. The Court and the administration of justice are the two entities to which every member of the legal profession owes a supreme responsibility. In situations when there may be a conflict of obligations, this responsibility takes precedence over all others.
  • Legal professionals must conduct themselves honorably, responsibly help the Court, and foster public trust in the legal system. This is the professional ethics in Law. 
  • They are obligated and expected to conduct themselves with decency and honesty when performing their duty toward other attorneys.
  • In addition to being experts in their fields, attorneys serve as officials of the Court and are essential to the administration of justice. The set of guidelines that regulate their professional ethics in Law. 

Rules governing a lawyer’s obligation to the Court in consonance with Professional Ethics in Law

  • Be dignified in your conduct.

An advocate must conduct himself with dignity both during his case and when appearing before the Court. He ought to act with respect for himself. The advocate must report his complaint to the appropriate authorities if there is a reason to do so regarding a judicial official. This is one of the professional ethics in Law.

  • Honor the Court

One of the professional ethics in Law is to honor the Court. The council must treat the Court with respect. He or she must keep in mind that a free society cannot survive without the dignity and respect shown to judicial officials. 

  • No private communications

The attorney shouldn’t speak privately with the judicial officer about any case that is now before the Court. The attorney shall not use unlawful or unethical means, such as threats, bribes, or coercion, to affect a court’s judgment on any issue. This is also one of the professional ethics in Law. 

  • Refusing to take unjustified action against the opposition

An advocate shouldn’t behave improperly toward the opposing attorney or party as this is the professional ethics in Law. 

He must make every attempt to prevent his Client from acting improperly, illegally, or unfairly against the Court, the opposing counsel, or the other party. The lawyer must also do the document verification carefully. 

  • Refusing to represent clients who demand to use any unethical tactics

When a client persists in utilizing unethical or inappropriate tactics, the advocate must decline to represent them. He must speak with respect when communicating with others and making arguments in Court. During the pleadings, he must refrain from slanderously harming the parties’ reputations. This is also one of the professional ethics in Law. 

  • Show up in appropriate attire.

One of the professional ethics in Law is that the lawyer must show up in appropriate attire. The lawyer must always appear in Court while dressed appropriately in accordance with the Bar Council of India Rules, and that attire must be attractive.

  • He does not speak for the organization he belongs to

An advocate is not allowed to testify in Court on behalf of or in opposition to any organization of which he is a part. 

However, if you are appointed as an “Amicus Curiae” or without payment on behalf of the Bar Council, this provision does not apply. This is also one of the professional ethics in Law. 

  • Avoid appearing in cases where there is a financial stake

The lawyer shouldn’t represent any cause in which he has a financial stake. He ought not to take a brief from a business where he serves as a director. This is also one of the professional ethics in Law. 

  • Not act as the clients’ surety.

One of the professional ethics in Law is not to act as the surety for the Client. The attorney shouldn’t act as the Client’s surety or vouch for the reliability of a surety that the Client needs for the purpose. 

The Client must trust the lawyer before taking legal advice. Taking legal advice from the lawyer after having trust in him is more impactful. Therefore, professional ethics in Law is important. 

Obligations a Lawyer has to a client in consonance with Professional Ethics in Law.

  • Obligated to take briefs.
  • Remain in the service.
  • Refrain from appearing in cases where he is a witness.
  • Honest and complete disclosure to the Client.
  • Uphold the Client’s interests.
  • Do not censor any evidence-related materials.
  • Not divulge any client or personal information.
  • Not get any compensation for a valid claim.
  • There is no payment, regardless of how well things go.
  • Maintain accurate records, etc.

The obligation of an Advocate to the Opposing Counsel 

  • When discussing any aspect of the case with the opposing party, the advocate should do so only via the advocate who is representing that side.
  • Keep valid commitments made.
  • Not soliciting or advertising for the job is another obligation.
  • Nameplates and signboards need to be of a respectable size.
  • Obtain the agreement of the other vakalat supporters involved in the same case and do the document verification

These are some of the professional ethics in Law. 

Benefits of codifying Professional Ethics in Law

  • Social control tools- Under societal expectations and regulations, it will remain current with fresh views introduced to the profession. It will be necessary to uphold the profession’s dignity in order to keep the public’s trust in it.
  • Ethics laws forbid the government from interfering in these problems through its agencies. It will keep governmental intervention outside if some level of uniformity is required.
  • The development of better standards of behavior depends on ethical norms. The code also instills a sense of disapproval towards the profession.
  • Both attorneys and regular people will benefit greatly from the existence of the code in terms of education, correction, and appreciable worth.

Conclusion

  • The obligations that an advocate has to uphold during his career can also be referred to as professional ethics in Law. These are the moral obligations and fundamental manners that everyone working in this sector should be aware of. 
  • An advocate is considered to have broken this professional code of ethics if they work dishonestly and do not adhere to the norms of conduct. 
  • The major goal of professional ethics in Law is to uphold the reputation and dignity of the legal profession, ensure that there is a spirit of goodwill and cooperation between attorneys and their clients, and safeguard the obligations of attorneys to society.

The Redressal process can be complex for any layman who is not fluent with the provisions of Law. Therefore, it is recommended to consult a lawyer.

Bhavya Choudhary

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Bhavya Choudhary

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