Compulsory Clinical Paper 2- Professional Ethics & Professional Accounting System
Mahatma Gandhi University · LL.B. Semester 4 · UL-20
Unit I
Advocates as professionals: Introduction, Importance of legal profession, Lawyers’s Role in Accelerating and facilitating the social change visualized by the Indian Constitution, Categories of Advocates, Restrictions imposed on Senior Advocates, Admission and enrolment of advocates, Professional opportunities, Women Lawyers, Opportunities and Handicaps Advocates’ right to practise, to act and to plead - The right of pre-audience Advocates’ duty to society, to render legal aid, to educate and to accept public office. Restrictions on other employment and penalty for illegal practice Trial Advocacy- Important tools of successful advocacy- Study, preparation and presentation of case- Art of examination (chief, cross and re-examination), Arguments on facts and law- How to address the court. Appellate advocacy- Original side Advocates- Supreme Court Advocates- Advocates on record- Mofussil Advocates- Retired Judges as Advocates.
- 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
- 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)
- Duty to Render Legal Aid
Unit II
Professional ethics - Advocate and Client: Acceptance of brief, withdrawal from engagement, advocate’s role as potential witness- Duty of advocate to make full and frank disclosure to client- Breach of obligation to client- Advocate to act only on the instruction of the client- Contingent fee- Advocate’s lien for fee- Share in claim or purchase of property sold in execution- Financial dealing between advocate and client- Prohibition on lending or borrowing money- Prohibition on changing of sides- Legal Profession and Strike.
Unit III
Bar-Bench relationship-Duty towards Court: Duty to conduct himself with dignity and self-respect and not to commit contempt of court, Avoidance of illegal and improper means to influence decisions, Advocate not to be mere mouth piece of client- Dress code- Prohibition on practising before relatives, Other duties, powers and obligations of Notary public. Duty of advocates towards colleagues in the profession: Bar council of India Rules governing professional conduct and etiquette, Soliciting and advertising, Professional services and name not to be used for unauthorised practice of law, Fees not less than fees taxable under the rules, Restriction on entering appearance without the consent of the advocate already engaged, Advocates not to demand fees for imparting training to juniors, Advocate’s duty to opponent counsel, Advocates duty to report disqualification.
Unit IV
Law of contempt of court: Meaning, nature and categories of contempt of court, Constitutional validity of the Contempt of Court Act, 1972, Salient features of the Act, Contempt jurisdiction of Supreme Court, High Court and Subordinate Courts- Contempt by lawyers, judges and by State- Contempt procedure- Punishment for contempt- Defence open to contemnor and remedies against punishment.
Unit V
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, Commercial mathematics.