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

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

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

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.