The traditional approach to legal education is the application of established legal rules and principles to a particular issue in a case. However, with the coming into force of the law over time, it has been recognized that the mere existence of laws cannot deliver justice for a number of reasons. First, legal services are not as affordable as they should be for the entire economic spectrum of citizens. Especially in a poor country like India, the rights of the poor take a back seat due to a lack of affordability. Second, legal aid services are also limited. Third, laws are not entirely complete and consistent, and judges disagree with their reasoning. Finally, one of the biggest concerns is the lack of ethics, which is presented not only by the police but also by lawyers. Reference www.iaa.govt.nz/for Tools for Advisors/Consultants/Ethics Toolkit/Professional Ethics and Codes of Conduct/ Most of the rules in Section II list the various obligations a lawyer has to the client. With respect to this obligation, the Supreme Court concluded in P.D. Khandekar v. Bar Council of Maharashtra45 that it is not professional for a lawyer to act differently than in extreme good faith towards his client.
When a lawyer is assigned to pleading, he is required to follow ethical standards and try to protect the interests of his client, with whom he has a relationship of trust. The lawyer`s first duty is to the client. When a person seeks advice from a lawyer, he or she relies on the experience, skills and knowledge required as a lawyer, and the lawyer is expected to provide the client with appropriate and impartial legal advice to protect his or her interests. A lawyer is in a loco parentis position vis-à-vis litigants, which means that the client is entitled to altruistic, sincere and honest treatment, especially if he turns to the lawyer when needed. It is not well established whether the legal profession existed in pre-British India. However, it is clear that it was not as organized in pre-British India as it is today. In fact, the legal profession as it exists today was created and developed during the British period. Legal ethics is the branch of moral science that establishes certain duties for the observation of its member, which he owes to society, the court, the profession, his adversary, his client and himself.38 Professional ethics can be defined as a written or unwritten code of conduct governing the conduct of a practicing lawyer towards himself. his client, his opponent of the law and vis-à-vis the court. Ethics is therefore a matter of positive law in the same way as the laws governing a regulated enterprise. While the requirement of such a positive right is not the only normative consideration by which a lawyer can guide his or her conduct, they are minimum standards, since a lawyer must comply with them in all cases.39 Lawfulness and morality for a person who is not a member of the Bar Association or for a non-professional member of the Bar Association may still be inappropriate for a lawyer. Many of the lawyers` obligations to the court are limited by the Bar Council of India.
Violation of these obligations is considered professional misconduct and will be punished in accordance with the provisions of the Law on Lawyers. In fact, self-control and a respectful attitude towards the court, the presentation of correct facts and laws with a balanced mind and without exaggeration, oppression, distortion or embellishment are prerequisites for good advocacy. It is the duty of the lawyer to defend the dignity and decency of the court and must not do anything that the court itself can challenge. In Ex Captain, Harish Uppal v. Union of India and Another,28 the Supreme Court, while declaring the lawyers` strike call prima facie wrong, concluded that Section 7 of the Lawyers Act provides for the functions of the Bar Council of India. None of the functions mentioned therein justifies the paralysis of the work of the courts. On the contrary, the Bar Council of India is required to set standards of professional conduct and etiquette for lawyers. This would mean that the importance of professional ethics in the legal profession and its role in judicial proceedings are essential to strengthening the rule of law in the country, as lawyers must uphold the rule of law without fear or favouritism. The Honourable Supreme Court in A S Mohammed Rafi v State of Tamil Nadu Rep by Home Dept & Ors.55, which highlights the importance of ethics: The legal profession can still play a crucial role in protecting the rights of individuals, promoting a more efficient and comprehensive judicial system and integrating into national life. It now has a unified bar and controls the quality of its training, its requirements and its ethical standards. He has an extensive literature and experience that allows him to overshadow all obstacles to the full realization of the objective of the Lawyers Act. It should be noted that in the early British period, the legal profession did not receive the attention it deserved and was not well organized.
In fact, the East India Company was not interested in organizing the legal profession. In 1726, a charter known as the Charter of 1726 established a mayor`s court in each presidential city, and so the Charter established a unified judicial system in all presidential cities - Bombay, Calcutta and Madras. Prior to 1726, the courts were the courts of the East India Company and derived their authority not from the British Crown but from the East India Company and their decisions did not have as much authority as those of the courts in England. The mayor`s court9 was the royal court, and they derived their authority from the British Crown and not from the East India Company. The Charter of 1726 thus established royal courts in India, but did not contain provisions relating to the rules of jurists. The legal profession was not organized. Many people without legal knowledge practiced. In 1753, another important new aspect was whether a codified professional ethic made a difference or not? The implications of the code were explained and why it is still relatively ineffective before starting the profession due to lack of understanding of ethics.
The mere codification of professional conduct will not fulfill the legislative intent underlying the Lawyers Act, 1961 and the Rules of the Bar Council until the traditional method of legal education is slightly altered. The code cannot create a sense of ethics if it is not taught to law students as early as possible. The legal profession as it exists today was created and developed during the British period5. It should be noted that in the early days of the British period, the legal profession was not properly organized, and the British did not pay much attention to organization. The story goes back to the founding of the first British court in Bombay in 1672. The admission of lawyers was entrusted to the Governor in Council and not to the court. Before the establishment of the mayor`s courts in 1726, there were no lawyers or lawyers in Madras and Calcutta. This article was written by Ms. Sankalpita Pal, who is currently following BBA. LL.B (Hons) from Symbiosis Law School, Pune. This article will attempt to provide a detailed overview of the standards regarding Indian courts and professional ethics. The Charter of 1753 was issued to amend the Charter of 1726, but even this Charter did not contain essential provisions for the legal education and training of jurists.
Unlike the courts in the presidential cities, the legal profession in the cities of Mofussil has been established, directed and controlled by legislation. In the Diwani courts, legal practice was neither recognized nor controlled, and legal practice was pursued by vakils and agents. The vakils had even appeared before the courts of the Nawabs and there were no laws regarding their qualifications, their relationship with the court, procedure or ethics of practice. There were two types of agents: (a) relatives or servants of the parties not trained in court, and (b) professional leaders trained in Hindu or Muslim law. Bengali Decree VII of 1793 created for the first time a regular legal profession for the society`s courts. It was enacted because it was believed that in order to administer justice, the courts should have pleadings for cases administered by a particular profession, and only men of character and education who were familiar with the Muslim or Hindu law and regulations issued by the British government would be allowed to plead before the courts. In addition, they should be subject to rules and restrictions in order to carry out their work conscientiously and conscientiously while maintaining the client`s trust. The mayor`s courts were established in 1726 by the Charter of 1726 in each of the three presidential cities, with the right to appeal first to the Governor in Council, and a second right of appeal to the Privy Council.
The Charter did not contain any specific provisions providing for specific qualifications for persons entitled to act or plead as lawyers before those courts.