Professional Ethics, Professional Accountability and Bar- Bench Relations
Maharshi Dayanand Saraswati University · LL.B. Semester 3 · LL.B/305
Unit 1
A. Historical Perspective of Legal Profession, Regulation of Legal Profession · B. Structure, powers and Functions of Bar Council of India · C. Structure, powers and Functions of State Bar Council · D. Admission of Advocates, Enrolment of Advocates, Conduct of Advocates: · Qualifications, Types of Advocates-Senior and other Advocates Roll of Advocates, Right of Pre-Audience, Right to practice
- 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
- 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)
Unit 2
A. Nature and Characteristics of Ethics of Legal Profession, Legal Profession, Extent of Professionalization of Legal Profession, Disqualification, Professional Misconduct and its Control · B. Duties of Advocates, Bar-Bench Relations, Accountability of Lawyers, Duty towards Court, Clients, Others-Opposite party,Colleagues and Society · C. Strike by the Lawyers, Disciplinary proceeding (Authorities and Stages), Powers of Disciplinary Committee · D. Entry of foreign lawyers, , Code of Ethics for Lawyers- Need · E. Advertisements by Advocates- Name-plates, News, Photographs, Sign boards, Web-site · F. Role of Law and Legal Profession in Social Transformation
- Seven Lamps of Advocacy: Honesty, Courage, Industry, Wit, Eloquence, Judgment and Fellowship
- Professional Ethics — Power of Bar Council of India, Meaning and Standards of professional conduct and etiquette
- Duties
- Duty to Render Legal Aid
- 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
- Bar Bench relations — Role of the Bar to Strengthen Bar-Bench Relations
Unit 3
A. Contempt of Court: Meaning and Scope, Historical development of law of contempt of court in India · B. Civil Contempt · C. Criminal Contempt · D. Defenses for Contempt · E. Punishment for Contempt
Unit 4
A. Constitutional Validity of Contempt Law · B. Contempt by Lawyers, Judges, Magistrates, State, Corporate Bodies and others · C. Remedies, Apology, Appeal, Review · D. Contempt of Supreme Court, High Court and Subordinate Court · E. Comparison with Order 39 Rule 2A of Civil Procedure Code, 1908
Unit 5
A. 50 selected opinions of the Disciplinary Committees of Bar Council of India and State (List of opinions will be given in the class separately) · B. 10 major judgments of the Supreme Court on the subject (List of opinions will be given in the class separately)