Professional Ethics

Unit I — History of Legal Profession in India

Conceptualizing Ethics, Professional Ethics and Legal Profession · History of the Legal Profession in Ancient India and Legal Systems: · The Vedic Period: Laws and Legal Concepts · The Dharmashastras: Codes of Conduct and Legal Principles · Legal and Administrative Systems · History of the Legal Profession in Medieval India and Legal Systems: · Analyze the role of legal practitioners in different legal systems, such as the pandits, muftis, and vakils. · The Colonial Era and the Emergence of the Legal Profession · The East India Company and the Introduction of English Law to regulate legal profession · The Indian High Courts Act, 1861 · The Indian Bar Councils Act, 1926 etc. · Post-Independence India: The Evolution of the Legal Profession · The Constitution of India and the Framework for legal profession: A brief introduction · The Challenges and Opportunities of the Modern Legal Profession · Legal Education in a Globalizing India · Pre-Globalization Legal Education in India · The Colonial Legacy: Legal Education under British Rule · The Impact of Globalization on Indian Legal Education · Pre and Post NLU Model and impact on Legal Education and Profession

Unit II — Profession Ethics and duties of Lawyers

Need and necessity of ethics in the legal profession · Understand the core principles of legal ethics, including confidentiality, accountancy, loyalty, and competence. · Duties of lawyers towards clients · The Lawyer-Client Relationship · The Duty of Confidentiality · The Duty of Competence and due diligence · Effective Communication and conflict of interests · Duties of lawyers towards public, fellow colleagues, self and society · Professional Courtesy and Civility · Avoiding Unfair Competition · Maintaining Professional Competence · Promoting the Rule of Law · Social Responsibility and Ethical Leadership · Bar and Bench relationship · The Role of Lawyers as Officers of the Court · Access to Justice and Legal Aid · Role played by a lawyer in the administration of justice and advocate’s duty towards legal reform and duty to provide legal aid etc.

• Professional Ethics — Power of Bar Council of India, Meaning and Standards of professional conduct and etiquette
• Duties
• Seven Lamps of Advocacy: Honesty, Courage, Industry, Wit, Eloquence, Judgment and Fellowship
• Duty to Render Legal Aid

Unit III — The Advocates Act, 1961

Salient Features of the Advocates Act, 1961 · Introduction to the Advocates Act, 1961 · Historical Background and Objectives of the Act · Salient Features of the Bar Council of India Rules · Overview of the Bar Council of India Rules · BCI Rules: Scope and Application · Admission and Enrolment of Advocates · Eligibility Criteria for Enrollment · The Role of State Bar Councils · Certificate of Practice · All India Bar Examinations (AIBE) · Disciplinary Actions and Conduct of Advocates · Grounds for Disciplinary Action · Disciplinary Committees and Procedures · Penalties for Professional Misconduct · Rulemaking power of BCI and the Central Government · Rulemaking Power of the Bar Council of India under Section 49 of Advocates Act, 1961 · Professional Conduct and Ethics · Disciplinary Proceedings · Legal Education and Training · Rulemaking Power of the Central Government under Section 49A of the Advocates Act, 1961 · Qualifications and Disqualifications of BCI Members · Supervision and Control of State Bar Councils specifically regarding Enrolment of Advocates

• Enrolment of Lawyers — Qualifications prescribed u/s 24 of the Advocates Act 1961and procedure
• 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

Unit IV — Rights and Limitations of such Rights

Right to Practice: Constitutional and Statutory Basis · Right of Audience · Professional Privileges · Impact of Technology on Legal Practice · Emerging Trends and Challenges in the Legal Profession · Right to argue case and right over Professional Fees · Right of Audience in Different Courts · Restrictions on the Right to Argue a Case · Criteria for Fee determination · Limitations on Fee Charging · Restriction on Right to lien · Advocate’s right to strike · Instances of Advocates’ Strikes · Role of State Bar Councils and Bar Council of India in Regulating Strikes · Legal Framework Governing Advocates’ Strikes · Impact on the Administration of Justice · Conflicts of interests, lawyers versus client’s interests and limitations on the rights of lawyers including restrictions on advertising · Definition and Types of Conflicts of Interest · The Duty of Confidentiality · The Duty to Avoid Conflict of Interest & Adverse Interests · The Duty to Act in the Client’s Best Interest · Bar on Advocates from carrying on other professions · The Rationale Behind the Restrictions · The Core Principle of Undivided Attention · Prohibition on Trading or Business and Employment · Permissible Activities

• Right to Practice

Unit V — Liability for Deficiency in Service and Wrongs committed by Lawyers

Essential skills of a lawyer · Edward Abbott Parry’s “The Seven Lamps of Advocacy” · Conceptualizing “An Educational Continuum” · Overview of American Bar Association, “Legal Education and Professional Development - An Educational Continuum, Report on the Task Force on Law Schools and the Profession: Narrowing the Gap” (1992) · Statement of Fundamental Skills and Professional Values · Deficiency in service by advocate and the Consumer Protection Act, 2019 · Concept of Deficiency in Service · Legal Services as a Service under the Act? · Common Instances of Deficiency in Service by Advocates · Negligence and Carelessness, Delay in Service, Misconduct and Professional Misbehavior and Failure to Provide Adequate Legal Advice · Remedial framework available to clients · Judicial Pronouncements on the Applicability of the Act to Legal Services · Wrongs committed by Lawyers and the Contempt of Court Act, 1971 · Overview of the Contempt of Court Act, 1971 · Definition and Scope of Professional Misconduct · Disciplinary Proceedings and Penalties · Definition and Types of Contempt of Court - Civil Contempt & Criminal Contempt · Punishments for Contempt of Court · Liability upon an advocate for the wrongs he commits in the course of his professional service · Civil Liability of Advocates · Criminal Liability of Advocates

• The Contempt Law and Practice — Articles 129 and 215 of the Constitution of India, Contempt of Courts Act, 1971
• Professional Misconduct

Unit VI — Impact of Globalization on legal services in India

Impact of Globalization on legal profession · Globalization and the Legal Profession · Cross-Border Legal Practice · Entry of foreign lawyers & firms in India · Legal outsourcing in India · Drivers of Legal Outsourcing to India · Regulatory Framework and Ethical Considerations · Role of advocate in providing legal aid services · Historical Perspective of Legal Aid in India · Constitutional & Statutory Provisions and case laws regarding Legal Aid in India · Advocate’s role in outside court/informal settlement of disputes