Professional Ethics
Gondwana University · LL.B. Semester 5 · UL35F02
Unit I
The legal profession and its responsibilities; · The equipment of the lawyer; · Conduct in court; · Professional conduct in general; · Privileges of a lawyer;
Unit II
Seven lamps of advocacy · Advocates duties towards public, clients, court, and other advocates and legal aid · Bar Council Code of Ethics. · Accountancy for lawyers · Need for maintenance of accounts · Books of accounts that need to be maintained · Cash Book, journal and ledger · Elementary aspects of bookkeeping: Meaning, object, journal, double entry system, closing of accounts · The cash and bulk transaction · The Cash book · Journal proper especially with reference to client‗s accounts · Ledger, Trial balance and final accounts
Unit III
Disciplinary proceedings · Professional misconduct · Disqualifications · Functions of Bar Council of India/State Bar Councils in dealing with the disciplinary proceedings · Disciplinary Committees -Powers and functions -Disqualification and removal from rolls. · Contempt of Court Act, 1972 · Selected major judgments of the Supreme Court: 1.In the matter of D, An Advocate, AIR 1956 SC 102. 2.P.J.Ratnamv.D.Kanikaram, AIR1964 SC 244. 3.N.B.Mirzanv.The disciplinary committee of Bar Council of Maharastra and Another, AIR 1972 SC 46. 4. Bar Council Of Maharastrav.M.V.Dabholkar, etc., AIR 1976 SC 5. Any other recent judgments of Supreme Court selected and given by concerned teacher Selected opinions of the Bar council of India 1.DC Appeal No. 16/93 1998 (Vol.1) IBR 135 2.BCI Tr. Case No.40/91 1998 (Vol.1) IBR139 3.DC Appeal No. 8/94 1998 (Vol. 1) IBR 153 4.DC Appeal No. 20/94 1997 (Vol. 3 &4) IBR 193 5 BCI Tr. Case No. 76/95 1997 (Vol. 3 &4) IBR 201 6 DC Appeal No.43/96 1997 (Vol. 3 &4) IBR 207 7.Any other recent opinion/decision of Disciplinary committee of BCI, selected and given by concerned teacher Prescribed Books: 1)K.V.Krishnaswamy Iyer-Professional Conduct and Advocacy. 2)B.S.Raman-Accountancy. 3) N. R. Madhava Menon-Clinical Legal Education 4) Dr. B. Malik-Art of Lawyer (New Delhi, Universal Book Agency, 1999) –Relevant articles 5) Contempt of Court Act, 1971 6) Myneni S.R.: Professional Ethics, Accountancy for Lawyers and Bench-Bar Relation, AsiaLaw House, Hyderabad 7) Kailash Rai: Professional Ethics, Accountancy for Lawyers and Bench-Bar Relation, Allahabad Law Agency. 8) Siroh: Professional Ethics, Central Law Publications, Allahabad. 9)Ramachandra Jha: Selected Judgements on Professional Ethics published by Bar Council of India Trust, 2002. 10)Dr. G.B. Reddy: Practical Advocacy of Law, 2nd Ed. 2005. Gogia Law Agency. Hyderabad
- 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
- The Contempt Law and Practice — Articles 129 and 215 of the Constitution of India, Contempt of Courts Act, 1971