PRACTICAL TRAINING - I: PROFESSIONAL ETHICS AND ACCOUNTANCY FOR LAWYERS
Kakatiya University · LL.B. Semester 6 · P-I
Unit I
Development of Legal Profession in India · Right to Practice a Right or Privilege? · Article 19(1) (g) of Indian Constitution -Elements of Advocacy · Essential Skills for Advocates · Seven Lamps of Advocacy · Advocates Act, 1961 · Admission and Enrolment of Advocates · Regulation governing Enrolment and Practice · Persons who may be admitted as an Advocate on State Roll · Disqualification for Enrollment · Right of Advocates to Practice · Advocates’ Right to take up Law Teaching. (Anees Ahmed v. University of Delhi, AIR 2002 Del. 440) · Impact of Globalization on legal profession · Legal outsourcing in India
Unit II
Legal Ethics · Advocates duties · Duty to Court, Client, Opponent, Colleagues · Section 7 and Section 49 of the Advocates Act · Duty towards Society · Rules of the Bar Council India · Bar Council Code of Ethics · Bench · Bar Relations · Contempt of Court · Contempt of Courts Act, 1971 · Contempt · Meaning · Civil Contempt · Criminal Contempt · Conflicts of interests · Advocate Vs Client’s interests · Limitations of the rights of Advocates viz. restrictions on advertising, bar from carrying on other professions, etc
- Professional Ethics — Power of Bar Council of India, Meaning and Standards of professional conduct and etiquette
- Duties
- The Contempt Law and Practice — Articles 129 and 215 of the Constitution of India, Contempt of Courts Act, 1971
- Bar Bench relations — Role of the Bar to Strengthen Bar-Bench Relations
Unit III
Bar Council of India and State Bar Councils · Duties and Functions · Professional Misconduct and Punishments · Role and Powers of Disciplinary Committee · Conduct of Advocates and Disciplinary proceedings -Punishment of Advocates for misconduct · Disciplinary Powers of Bar Council of India -Disqualification and removal from rolls · Appeal to Bar Council of India · Appeal to the Supreme Court
- The Bar Council of India and the State Bar Council — Constitution, Powers and Functions
- 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
Unit IV
Accountancy for Lawyers · Management of time, human resources, office, etc, · Accountancy knowledge for lawyers (like evidentiary aspects, interpreting financial accounting statements in the process of lawyering, etc · Nature and Functions of accounting -Important branches of accounting · Accounting and Law · Use of knowledge of accountancy in Legal Disputes especially arising out of Law of Contracts, Tax Law, etc · Accountancy in Lawyers’ office/firm · Basic financial statements -Income & Loss account, Balance-sheet- Interpretation thereof · Feature of Balance sheet Standard Costing– Liability of advocates for professional wrongs
Unit Viva-Voce
Viva-Voce (20 marks): There shall be viva-voce examination on the above syllabus. The viva- voce Board consisting of (i) University Examiner appointed by the Controller of Examinations in consultation with the Chairperson, BoS in Law, and (ii) The teacher concerned shall evaluate the student in the Viva-Voce and average will be taken. The proceedings of the viva-voce shall be recorded. Note: Attendance of the students for viva-voce shall be compulsory and shall get minimum 40% of marks in the Viva-Voce examination.