Professional Ethics, Professional Accounting System (Clinic – II)
Maharashtra National Law University, Aurangabad · LL.B. Semester 10
Unit I — Historical Background of Legal Profession, Its Dynamics, Development and
Impact of Globalization on Legal Profession Legal profession and its dynamics – development of legal profession in India - constitutional guarantee of freedom of profession - legal profession and its noble character in terms of maintaining solicitor firm, an industry, business and legal control - impact of globalization and the legal profession.
Unit II — The Advocates Act, 1961
Regulations governing enrollment of practice, Right to Practice, Conduct of Advocates and Disciplinary Proceedings - elements of advocacy- the Advocate Act, 1961(as amended from time to time) and its relevant provisions of Bar Council of India rules, Indira Jaising v. Supreme Court of India and Ors., AIR 2017 SC 5017
- 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
- Right to Practice
- Designation as Senior Counsel: Indira Jaising v/s SC of India (SC 2017)
- Introduction to Advocates Act, 1961
Unit III — Seven Lamps of Advocacy
Advocate’s duties towards public, clients, court, and other advocates and legal aid - Bar Council Code of ethics. The Contempt of Court Act, 1971 Contempt – Its meaning, purpose, definition: section 2(a), Civil Contempt: Section 2 (b), Criminal Contempt: 2 (c), Criminal Contempt - Mens Rea Principle in Contempt Cases, Contempt by State Government
- 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
- The Contempt Law and Practice — Articles 129 and 215 of the Constitution of India, Contempt of Courts Act, 1971
Unit IV — Disciplinary Proceedings, Professional Misconduct
Disqualifications, functions of bar council of India /state bar council in dealing with the disciplinary proceedings. Disciplinary committee, Disqualifications and removal from rolls. - 50 selected opinions of the disciplinary committee of bar council and 10 major judgment of the Supreme Court on the subject, which will be suggested by the class teacher during course work considering contemporary developments in legal profession and ethics, Maninderjeet Singh Bitta · v. UOI, (2011) 11 SCALE 634, R.K. Anand v. Registrar, Delhi High Court (2009) 8 SCC 106, In Re Arundhati Roy, AIR 2002 SC 1375, Mrityunjoy Das v. Sayed Rahaman, AIR 2001 SC 1293, In Re: Hon’ble Justice C S Karnan, AIR 2017 SC 3191
- 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
Unit V — Accountancy of Lawyers
Its 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 contract, · Tax laws etc. Accountancy in law firm. Basic financial statements - income & loss account, balance sheet- interpretation thereof, - feature of balance sheet standard costing.