Professional Ethics and Bar Bench Relations
Goa University · LL.B. Semester 6 · LLB-354
Unit 1 — INTRODUCTION
1. Importance of Legal Profession & advocacy · 2. History of the Profession & need for Professional Ethics · 3. Ethics and Etiquette distinguished · 4. Profession and Business distinguished · 5. Laws relating to the Profession – The Advocates Act 1961 and other legislation · 6. Lamps of Advocacy · 7. Elements of Advocacy
- 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
- Privileges of a lawyer — Salient features of the Advocates Act, 1961
Unit 2 — PROFESSIONAL MISCONDUCT
1. Meaning & definition · 2. Disciplinary Authorities/Bodies, their Original and Appellate · Jurisdiction and · 3. Disposal of Disciplinary proceedings. · 4. Punishment for misconduct under Advocates Act,1961 · 5. Instances of misconduct and relevant Case Law of misconduct on each instance including Landmark Judgments · 6. Bar Council of India Rules on Professional conduct and misconduct
- Professional Misconduct
- Punishment for misconduct
- Remedies against the order of punishment
- Review by the State Bar Council of its own order 3.5 Disciplinary Committee of the State
- Disciplinary Committee of the Bar Council of India — Organisation and powers and procedure
- Transfer of proceedings from the State Bar Council to the Bar Council of India
- Selected opinions of the Disciplinary Committee of Bar Councils and Major Judgments of the Supreme Court on the subject
Unit 3 — AUTHORITIES UNDER THE ADVOCATES ACT 1961
1. State Bar Council: Composition, Powers and Functions under · Advocates Act,1961 · 2. Bar Council of India: Composition, Powers and Functions under Advocates Act,1961 · 3. Enrollment of Advocates, Qualifications & Disqualifications
Unit 4 — RIGHTS AND DUTIES OF ADVOCATE
1. Duties of Advocates towards: · Courts, Clients, Opponents, Witnesses, Colleagues, Public & · State and Self · 2. Rights of Advocates · 3. Privileges of Advocates · 4. Restrictions on Employment
Unit 5 — CONTEMPT OF COURT
1. The Contempt of Court Act, 1971 · Meaning & definitions of Contempt · 2. Meaning, definitions and features of Civil Contempt · 3. Meaning, definitions and features of Criminal · Contempt, Remedies and Defenses for Criminal · Contempt and Landmark judgments · 4. Contempt by Advocate, Judge, Magistrate or other person acting judicially. · 5. Remedies and Defenses for Civil & Criminal Contempt · 6. Landmark judgments on contempt of court
Unit 6 — CONTEMPT JURISDICTION AND PUNISHMENT
1. Contempt jurisdiction of Supreme Court and High Court under the Indian Constitution & Contempt of Court Act · 2. Contempt jurisdiction of the Subordinate Courts under IPC · 3. Procedure in contempt proceedings and hearing of cases and · Appeals · 4. Punishment for Contempt, · 5. Contempt not punishable in certain cases · 6. Limitation for actions for contempt.