Professional Ethics and Professional Accounting System
Cochin University of Science and Technology · LL.B. Semester 4 · 20-271-0401
Unit I — Advocacy
Meaning: Professional-Occupation-Employment, Seven Lamp of advocacy, History of Legal Profession on India Advocate Act, 1961, Bar council of India and State of Councils, Composition and Functions: Senior Advocates and Disqualifications for employment, right to practice and Right to appearance, professional misconduct and disciplinary power of Bar council and appeals, Entry for foreign law firm in India
- Enrolment of Lawyers — Qualifications prescribed u/s 24 of the Advocates Act 1961and procedure
- Common Terminology: Solicitor, Advocate, Lawyer, Senior Counsel, Junior Counsel, Legal Practitioners, Barrister, AOR, Amicus Curie
- Seven Lamps of Advocacy: Honesty, Courage, Industry, Wit, Eloquence, Judgment and Fellowship
- The Bar Council of India and the State Bar Council — Constitution, Powers and Functions
- Privileges of a lawyer — Salient features of the Advocates Act, 1961
- Right to Practice
- Designation as Senior Counsel: Indira Jaising v/s SC of India (SC 2017)
- Professional Misconduct
- History of Legal Profession
- Legal Practitioners Act, 1879 and All India Bar Committee of 1951
- Introduction to Advocates Act, 1961
Unit II — Professional Ethics
Meaning: Ethics and morals · Bar and Bench relations, Part VI of the Bar Council of India Rules, Rule as to govt. Advocates, Restriction on Senior Advocates, Duty related to courts, clients, opposites, colleagues, Duty to imparting training, render legal aid and section on the other employments, order of Disciplinary committee of Bar council of India/Judgments of Supreme Court on Professional misconduct.
- Professional Ethics — Power of Bar Council of India, Meaning and Standards of professional conduct and etiquette
- Duties
- Duty to Render Legal Aid
- Bar Bench relations — Role of the Bar to Strengthen Bar-Bench Relations
- Disciplinary Committee of the Bar Council of India — Organisation and powers and procedure
Unit III — Contempt of Court
The Contempt of Court Act, 1971 · Historical Background, Constitutional Provision, Definitions: Civil and Criminal contempt, Mens Rea in Contempt cases, Defence and Exceptions, Contempt by Judges and Magistrate, Punishment for contempt, Purgines of Punishment, Procedure for initiating action for contempt, Appeal provision
Unit IV — Accountancy of Lawyers
Importance of proper account by advocate, Fees and expense, Accountancy in Lawyers office/firm: basic financial Statements · Income & loss Account, Balance sheet · Interpretation. Thereof, Bar Council of Indian Rules, Duties to the client, Advocate on Record Rule
Unit V — Client in Interviewing and Counselling
Meaning, Importance, Listening, Communication Techniques, type of quotations, Advising Counseling