309 Prof Ethics & Prof Accounting

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PREFACE
LL.B. Study Notes
309 Professional Ethics & Professional Accounting
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This is PREFACE. Menu ---> CONTENTS | Module-1 | Module-2 | Module-3 | Module-4
➔ Refer : Bare acts are a good source, in any subject of law :

✔ http://www.barcouncilofindia.org/about/professional-standards/rules-on-professional-
standards/
✔ https://archive.org/details/professionalcond029273mbp Collection of lecture delivered
to apprentices-in-law by Krishnaswami Aiyar KV on Professional Conduct & Advocacy
✔ http://lawfaculty.du.ac.in/files/course_material/Old_Course_Material/LB-
106%20Advocay%20and%20Professional%20Ethics%20materials%20full.pdf
✔ Lawyers as Professionals & as Citizens - Key Roles & Responsibilities in 21 st Century–
https://clp.law.harvard.edu/assets/Professionalism-Project-Essay_11.20.14.pdf
CONTENTS | Module-1 | Module-2 | Module-3 | Module-4 http://duralex.bhatt.net.in/

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CONTENTS
309 Professional Ethics & Professional Accounting System
TOPIC Page
Module-1 Legal Profession 3
Module-2 Advocates’ Act, 1961 39
Module-3 Contempt of Court and practice 66
Module-4 Important Cases and Selected Opinions of the Disciplinary 86

Committee
Objectives of the course :

➔ This is a Compulsory Clinical Course as prescribed under the Bar Council of India - Rules
of Legal Education, 2008. The very object of the course is that every law student must
not only become good lawyer, but also a good human being and should render his
service to the society. Instead of charging exorbitant fees, a lawyer should also utilize
his efficiencies, knowledge and skill by taking genuine cases without charging fees. A
lawyer should refrain from unethical practice and also respect the judges, his colleagues
and his clients. It is expected from the law colleges that this course should be taught in
association with practicing lawyers. The main purpose and objective of this course is to
get every law student realize that the legal profession is a noble profession having its
own unique ethics and dignity. Lawyer should concentrate upon rendering service to the
poor and needy people rather than earning of money. This course also contains the main
provisions of the Advocates Act, 1961, the Contempt of Courts Act and also selected
judgments of the Apex Court relating to the Professional Misconduct and selected
opinions of the Disciplinary Committee of the Bar Council of India. It also appraises the
law students about various duties of an advocate. The course also includes the
necessary aspects of the accountancy for lawyers and the relations between lawyers and
judges (Bar-Bench Relations).
➔ The course is designed having 80 marks theoretical examination as well as viva voice
examination, both to be conducted by the Gujarat University.
✔ Theoretical Examination: 80 Marks
✔ Viva Voice Examination : 20 Marks

Module-1 :
1) Legal Profession :
1.1) Distinction between Business and Profession
1.2) Legal Profession:
1.2.1) History
1.2.2) Importance
1.2.3) Why Noble Profession?
1.3) Ethics and Code of Conduct of Legal Profession
1.4) Seven Lamps of Advocacy and meaning thereof
1.5) Hoffman's 50 Resolutions for lawyer and importance thereof
1.6) Ten Commandments for lawyers
1.7) Bench-Bar Relations
This is Module-1. Menu ---> CONTENTS | Module-1 | Module-2 | Module-3 | Module-4
MODULE-1 QUESTIONS :
➔ Discuss : History and importance of legal profession.

➔ Explain – ‘Profession of Law is a Noble profession but not a business ’. (Apr-2013)
✔ “Legal Profession is a noble profession, not a business.” Discuss. (Mar-2014)
✔ Discuss : Duties of an advocate towards the society. (Apr-2017)
✔ Explain : “The subject of law is a noble profession, but is not a business”. (Apr-2017)
➔ Discuss the meaning, nature and necessity of Professional Ethics in the legal
profession. (Mar-2014)
✔ Discuss meaning, nature, needs of professional ethics. (Apr-2013)
✔ Discuss in detail the meaning, nature and necessity of professional ethics in the legal
profession. (Apr-2016)
➔ Explain – ‘The seven lamps of advocacy are the qualities of an Advocate’. (Apr-2013,
Apr-2017)
✔ Explain : Seven Lamps of Advocacy (Mar-2014, Apr-2016)
➔ Explain : Resolutions of Hoffman and importance thereof in legal profession (Mar-
2014, Apr-2016)
✔ Discuss : Ethics and Code of Conduct of Legal Profession according to Advocates
Act 1961.
✔ Explain : Explain in brief the resolutions of Hoffman. (Apr-2017)

➔ Explain detail : Ten commandment of advocate (Mar-2015)

➔ Write notes : Meaning – Nature of Bar Bench (Apr-2013)
➔ Explain : What is the meaning of ‘tout’? Explain. (Apr-2017)
MODULE-1 ANSWERS :
➔ Discuss : History and importance of legal profession.

ANSWER :
✔ Refer :
 http://lawfaculty.du.ac.in/files/course_material/Old_Course_Material/LB-
 http://14.139.60.114:8080/jspui/bitstream/123456789/16509/1/032_Advocates
%20Act%20and%20Professional%20Ethics%20%28200-211%29.pdf
 http://www.internationalseminar.org/XIII_AIS/TS%201%20(B)/19.%20Ms.
%20Naina%20Jain.pdf
✔ Intro :
 Ethics of a profession is not a matter that can be imbibed easily from a mere
reading of a treatise on it.
 A lawyer shall follow the rules of ethics in practice.
 It is essentially absorbed only when he cherishes such ideals from the very
pulsation of his heart, or having in his mind the glorious examples of illustrious
men at the Bar, past and present.
✔ Importance of legal profession :

✔ History of legal profession in India :
 Law in ancient India :
● In ancient India it was a mandate that King should decide the cases according to
law.
● The law which was there earlier included many facets which included the
injunctions or mandates given in Shastras, smritis, customs, rajdharma, rule of
conduct, modes of livelihood, regulation that governs the society.
● It is said that maintenance of Rule of Law in modern society is sine qua non for
the survival of democracy.
● With the passage of time the law has undergone many changes required

according to the change in the society.

 1622 : King James I in 1622 granted a charter to the East India Company to
administer justice vis-a-vis English persons residing in the East Indies.
● It was King Charles II who granted the next charter to administer civil and
criminal justice to all persons (both Indian and English) according to the laws of
England.
 1672 : The history of the legal profession in India can be traced back to the
establishment of the First British Court in Bombay in 1672 by Governor Aungier.
● The admission of attorneys was placed in the hands of the Governor-in-Council
and not with the Court.
 Courts in presidency towns : Calcutta, Madras, Bombay :
● 1726 : Prior to the establishment of the Mayor’s Courts in 1726 in Madras and
Calcutta, there were no legal practitioners.
 The Mayor’s Courts, established in the three presidency towns, were Crown
Courts with,
• a right of appeal first to the Governor-in-Council and
• a right of second appeal to the Privy Council.
● 1791 : In 1791, Judges felt the need of experience, and thus the role of an
attorney to protect the rights of his client was upheld in each of the Mayor’s
Courts. This was done in spite of opposition from Council members or the
Governor.
 A second principle was also established during the period of the Mayor’s
Courts. This was the right to dismiss an attorney guilty of misconduct.
 The first example of dismissal was recorded by the Mayor’s Court at Madras
which dismissed attorney Jones.
● 1774, 1801, 1823 : The Supreme Court of Judicature was established by a
Royal Charter in 1774.
 The Supreme Court was established because there was dissatisfaction with
the weaknesses of the Court of the Mayor.
 Similarly Supreme Courts were established in Madras in 1801 and Bombay in
1823.
 The first barristers appeared in India after the opening of the Supreme Court
in Calcutta in 1774.
 As barristers began to come into the Courts on work as advocates, the
attorneys gave up pleading and worked as solicitors.
• The two grades of legal practice gradually became distinct and separate as
they were in England.
• Madras gained its first barrister in 1778 with Mr. Benjamin Sullivan .

• Thus, the establishment of the Supreme Court brought recognition, wealth

and prestige to the legal profession.
 The charters of the Court stipulated that the Chief Justice and three puisne
Judges be English barristers of at least 5 years standing.
 The charters empowered the Court to approve, admit and enroll advocates and
attorneys to plead and act on behalf of suitors.
 They also gave the Court the authority to remove lawyers from the roll of the
Court on reasonable cause and to prohibit practitioners not properly admitted
and enrolled from practicing in the Court.
 The Court maintained the right to admit, discipline and dismiss attorneys and
barristers.
 Attorneys were not admitted without recommendation from a high official in
England or a Judge in India.
 Courts in mofussil towns :
● In contrast to the Mayor’s Court (Crown courts) and Supreme Courts in the
presidency towns established under Royal Charter,
 the legal profession in the mofussil towns was established, guided and
controlled by legislation.
● In the Diwani Courts, legal practice was neither recognized nor controlled, and
practice was carried on by vakils and agents.
● Vakils had even been appearing in the Courts of the Nawabs and there were no
laws concerning their qualification, relationship to the Court, mode of procedure
of ethics or practice.
● There were two kinds of agents –
 a. untrained relatives or servants of the parties in Court and
 b. professional pleaders who had training in either Hindu or Muslim law.
● Bengal Regulation VII of 1793 was enacted as,
 It was felt that in order to administer justice, Courts, must have pleading of
causes administered by a distinct profession,
 Only men of character and education, well versed in the Mohamedan or Hindu
law and in the Regulations passed by the British Government, would be
admitted to plead in the Courts.
 They should be subjected to rules and restrictions in order to discharge their
work diligently and faithfully by upholding the client’s trust.
 1862 : Establishment of the High Courts :
● In 1862, the High Courts started by the Crown were established at Calcutta,
Bombay and Madras.

● The High Court Bench was designed to combine Supreme Court and Sudder
Court traditions.
 This was done to unite the legal learning and judicial experience of the English
barristers with the intimate experience of civil servants in matters of Indian
customs, usages and laws possessed by the civil servants.
● Each of the High Courts was given the power to make rules for the qualifications
of proper persons, advocates, vakils and attorneys at Bar.
● The admission of vakils to practice before the High Courts ended the monopoly
that the barristers had enjoyed in the Supreme Courts. It greatly extended the
practice and prestige of the Indian laws by giving them opportunities and
privileges equal to those enjoyed for many years by the English lawyers.
● The learning of the best British traditions of Indian vakils began in a guru-
shishya tradition :
 “Men like Sir V. Bashyam Ayyangar, Sir T. Muthuswamy Ayyar and Sir S.
Subramania Ayyar were quick to learn and absorb the traditions of the English
Bar from their English friends and colleagues in the Madras Bar and they in
turn as the originators of a long line of disciples in the Bar passed on those
traditions to the disciples who continued to do the good work.”
● Note : Additional High Courts were established in Allahabad (1886), Patna
(1916), and Lahore (1919).
 Until the Advocates Act, 1961 was enacted, the Legal Practitioners Act and the
Letters Patent of the High Courts formed the chief legislative governance of legal
practitioners in the subordinate Courts in the country.
 There were six grades of legal practice in India after the founding of the High
Courts :–
● Advocates,
● Attorneys (Solicitors),
● Vakils of High Courts,
● Pleaders,
● Mukhtars,
● Revenue Agents.
● 1879 : The Legal Practitioners Act of 1879 in fact brought all the six grades of
the profession into one system under the jurisdiction of the High Courts.
 Qualifications for a ‘Vakil’ :
● In order to be a vakil, the candidate had to study at a college or university,
master the use of English and pass a vakil’s examination.
 By 1940, a ‘Vakil’ was required to be a graduate with an LL.B. from a
university in India in addition to three other certified requirements.

 These certificate should be proof that,

• he had passed in the examination
• read in the chamber of a qualified lawyer and
• was of a good character.
 In fact, Sir Sunder Lal, Jogendra Nath Chaudhary, Ram Prasad and Moti Lal
Nehru were all vakils who were raised to the rank of an Advocate.
 Original and appellate jurisdiction of the High Court :
● The High Courts of the three presidency towns had an original side, which
included major civil and criminal matters which had been earlier heard by
predecessor Supreme Courts.
● On the original side in the High Courts, the solicitor and barrister remained
distinct i.e. attorney and advocate.
 While, on the appellate side every lawyer practiced as his own attorney.
● However, in Madras the vakils started practice since 1866.
● In 1874, the barristers challenged their right to do original side work. However,
in 1916, this right was firmly established in favour of the vakils.
● Similarly, vakils in Bombay and Calcutta could be promoted as advocates and
become qualified to work on the original side.
● By attending the appellate side and original side Courts each for one year, a vakil
of 10 years service in the Court was permitted to sit for the advocates’
examination.
 1926 : Unification of various grades of legal practice :
● The Indian Bar Councils Act, 1926 was passed to unify the various grades of
legal practice and to provide self-government to the Bars attached to various
Courts.
● The Act required that each High Court must constitute a Bar Council made up of
 the Advocate General,
 four men nominated by the High Court of whom two should be Judges and
 ten elected from among the advocates of the Bar.
● The duties of the Bar Council were to decide all matters concerning legal
education, qualification for enrollment, discipline and control of the profession.
 The Act was favourable to the advocates as it gave them authority previously
held by the judiciary to regulate the membership and discipline of their
profession.
● As a result of the Advocates Act, admission, practice, ethics, privileges,
regulations, discipline and improvement of the profession as well as law reform
are now significantly in the hands of the profession itself.

 Current legal practice laws in India :

● Today, legal practice laws in India are governed by the Advocates Act 1961; an
act passed by the Indian Parliament which provides for laws relating to legal
practitioners in India and to provide for the constitution of the Bar Council of
India (BCI) and state bar councils.
● Under the powers granted in the Act, the BCI has made rules known as BCI rules
which lay down rules for practice, legal education and professional ethics.
● Advocates Act 1961 replaced the earlier Indian Bar Councils Act, 1926.

GO TO MODULE-1 QUESTIONS.
GO TO CONTENTS.
➔ Explain – ‘Profession of Law is a Noble profession but not a business’. (Apr-2013)

✔ “Legal Profession is a noble profession, not a business.” Discuss. (Mar-2014)
✔ Discuss : Duties of an advocate towards the society. (Apr-2017)
✔ Explain : “The subject of law is a noble profession, but is not a business”. (Apr-2017)
ANSWER :
✔ Refer :
 http://www.jstor.org/stable/784941
 http://www.lawyersclubindia.com/articles/Advocacy-Is-It-A-Profession-Or-A-
Business--1050.asp
 https://www.washingtonpost.com/archive/opinions/1996/01/28/the-law-once-a-
noble-profession/7f4c7c51-9045-4559-9fbe-b64b9fddcc8b/?
utm_term=.3d07daedb8c0
 http://archive.indianexpress.com/news/law-a-noble-profession-/1026403/0
✔ Intro :
 India has approximately 11 lawyers per population of 10,000. The United States
has 30 for each 10,000 citizens, compared with Great Britain's 11, Germany's 8
and Japan's 1. <verify this numbers>
● In 2011 there were 1.3 million lawyers in India, revealed a right to information
(RTI) response by the Bar Council of India (BCI) to Delhi-based advocate Kush
Kalra, with an average annual growth rate between 2007 and 2011 of around 4
per cent. According to 2011 census population of India was 1,210.8 million.
 It is generally forgotten that law is a profession. It is not a commercial undertaking
operating on the law of demand and supply enabling lawyers to charge extortionate
fees.

 Surveys tell us that,

● in terms of ethics and honesty only building contractors, politicians and car
sales-people have lower ratings than lawyers.
● ALL other professions rate higher that legal profession. In a study done in the
United States, funeral directors rated higher than lawyers.
 It is not suggested that lawyers live on love and fresh air. However, law in essence
is a service-oriented profession.
 In today's age and times, these basic truths are forgotten .
✔ Sir Owen Dixon set the 'bar' of advocacy as follows :
 “Unless high standards of conduct are maintained by those who pursue a
profession requiring great skill begotten of special knowledge,
● the trust and confidence of the very community that is to be served is lost and
thus the function itself of the profession is frustrated.”
✔ Profession or Business :
 Webster defines profession as
● "calling requiring specialised knowledge and often long and intensive
preparations including instructions in skills and methods, and
● committing its members, to continue studies and to a kind of a work which has
for its prime purpose the rendering of public service."
 It has been repeatedly stressed that the practice of law is not a business. It is a
profession in which duty to public service, not money is the primary consideration.
 Lawyering is not meant to be moneymaking venture, which necessarily reaps
profits.
 Making of livelihood should be secondary consideration of lawyers who must
subordinate their interests.
 In Bar Council of Maharashtra v. M. V. Dabholkar, it was stated that :
● “Members of bar are not a guild of candle makers or butcher’s association. They
are a class separate.”
 Universal Truth : Quote from a classic :
● "The commercial instinct is all the more hideous in the lawyer who poses as a
man of superior ideals. The client, to-day, who has no money meets practically
with a denial of justice.
● Lawyers listen to his story, but not one in twenty lends a hand until a retainer is
forthcoming.
● Every year a horde of young men are entering the law, far more intent on
making money than on living up to professional standards.
● They become the political lieutenants of bosses of both parties.

● Receiverships and referees and commissionerships are given out by the Bench
under orders from the men who nominated them and every effort to amend this
system in the interest of the poor litigant who pays the bills meets the stern
opposition of the Bar.
 Roscoe Pound summed up the matter as follows :
● "historically, there are three ideas involved in a profession; (i) organisation, (ii)
learning and (iii) spirit of public service. These are essential. Gaining of
livelihood is incidental."
● It is forgotten that the essential difference between business and a profession is
that,
 while the chief end of business is personal gain, the main goal of profession is
professional service.
● Of late lawyers seem to operate on the law of demand and supply and the forces
of commercialism have overtaken the profession by and large.
● The idea that professionals are for the people, and the people are not for the
professionals sound like a strange and alien doctrine.
● Today the fees charged by some lawyers are staggering.
 Soli J. Sorabjee states his views on Lawyers as Professionals as follows :
● At present the public image of lawyers is far from flattering.
● They are seen as fortune seekers rather than seeking to serve. A selfish class,
who, on account of the special knowledge and expertise, provide services on
such terms as they please.
● In short, the profession of law is regarded as a money making racket.
● Today people are apt to agree with Dean Swift's description of lawyers as,
 "a society of men bred up from their youth in the art of proving by words
multiplied for the purpose, that white is black and black is white according as
they are paid."
● No longer is the profession of law regarded as a noble one.
 I was told that a middle rank lawyer charged Rs. 60,000/- for an application
for an adjournment in the Bombay high Court.
 Lawyers charge fee even when they have not put in an appearance. It is a
disgusting sight to see some lawyers plead with the judge to record their
appearance to enable them to collect fees from their absent clients.
● Apparently lawyers have forgotten that they are the guardians of noble ideals
and traditions, and not mere traders in the market place, whose sole aim is the
amassing of vast fortunes.
● It is not suggested that lawyers should not charge for their services. A lawyer
needs to make money like any other person and it is not expected to live on love

and fresh air.

 But his main purpose and desire should be of rendering service to those who
seek his aid and also to the community.
● To those unable to pay adequately or not at all, professional services should be
freely and cheerfully given.
 If doctors can organize free medical clinics why should lawyers not run free
legal clinics atleast once a week?
● Lawyers must devote some part of their time and services free of charge for the
benefit of the poor and oppressed.
● The legal profession has a social dimension. And the lawyer has the social role to
play in society. The social dimension becomes a very relevant issue when we
look at the manner in which legal services remain by and large inaccessible to
the common man, particular in a poor country like us.
✔ Interesting anecdotes : Following real life anecdotes aptly highlight the poison
sowed by dirty businessmen masquerading as professional advocates.
 Lawyers and Doctors :
● Lawyers in the “medical malpractice protection racket” have increased health
care costs, and forced doctors to order unnecessary tests to protect themselves
on cross-examination should anything go wrong.
 The real damage that a lawyer perpetrates is, the loss of trust between doctor
and patient,
• prompting many doctors to see a lawyer lurking in the shadow of every
patient and
• many patients to see a defendant under every white coat.
 Lawyers and Family relations :
● Lawyers have slipped the cruel poison of distrust into society's most basic unit :
the family. For example,
● Divorce : Lawyers aren't responsible for the divorce epidemic. But they bear
much of the blame for the fact that divorce decrees, which a generation ago
provided for (i) alimony, (ii) child support and (iii) visitation in general terms,
 now also detail precise times and places of visitation and minute specifics of
child support, how much for clothing, tuition, travel, vacations, etc.
● Prenuptial agreements : For the affluent, pages of prenuptial agreements
routinely spell out rights to money, furniture, clothing, jewelry and real property
on the theory that the couple cannot trust each other to stay together or, if they
split, to be decent in divorce.
 Why? Because so many lawyers are poised to savage the opposing spouse to
get or keep the last penny.

 Lawyers and contracts :

● Institutions once felt a sacred obligation to stand by their contracts.
● Today, for pricey lawyers, breaking a contract is a function of whether the client
can get away with it.
● Does the other party have the resources to sue? If the suit is lost, what will it
cost?
● Is it more expensive to keep your word than break it? If so, break it and save
the money.
● It's an economic decision, not a legal one -- and certainly not a moral
one.
● As a consequence, documenting the simplest arrangements --
 to buy a house, get a mortgage or lease a car, warranties for TVs, stereos,
dishwashers and ovens, warnings on portable heaters and children's toys
 have become an exercise in print so fine that neither seller nor buyer can
understand it.
✔ Conclusion :
 The obsession of lawyers with making money, turning litigation into complex
documents does not simply pit,
● a seller against customer - landlord against tenant - pedestrian against driver -
patient against doctor - husband against wife - citizen against government - city
against state,
● it leaves little time for the profession to honor an obligation to help society deal
with some of our most perplexing problems.
 What makes any audience laugh -- sometimes bitterly -- at “lawyer jokes” ?
 In reality, today, reputation of legal profession, is in tatters. Fundamental changes
are required in the way law is practiced, for establishing legal profession as a noble
one.
➔ Discuss the meaning, nature and necessity of Professional Ethics in the legal
profession. (Mar-2014)
✔ Discuss meaning, nature, needs of professional ethics. (Apr-2013)
✔ Discuss in detail the meaning, nature and necessity of professional ethics in the legal
profession. (Apr-2016)
ANSWER :
✔ Refer :

 http://www.paclii.org/journals/fJSPL/vol06/8.shtml
%20Naina%20Jain.pdf
✔ Intro :
 Professional ethics form the foundation in the lives of the lawyers.
 Every person has been given the right to engage a lawyer of their choice to
represent their case.
● It means that lawyers have the obligation to take up the case of every person
who approaches them for legal representation.
● Does it mean that the lawyer is obligated to represent a self-confessed murderer,
rapist, and other accused persons who are alleged to have committed very
serious offences against the nation even though his conscience or his personal
beliefs do not permit that?
● How can the lawyer do that when his inner conscience revolts at the thought of
representing a certain category of persons?
 All clients approach the lawyer with hope and desire that their lawyers will
zealously represent their case.
● Does zealous representation mean that the lawyers must get the relief sought by
the clients by all means?
 Are there any boundaries set by law or professional ethics that a lawyer must not
cross?
 What is the role of truth and morality in determining the standards of professional
ethics for lawyers?
 What conduct amounts to professional misconduct?
 What are the repercussions if a lawyer does not follows the principles of
professional ethics?
 What are the mechanisms set by law to deal with complaints of professional
misconduct?
 These and many other similar other questions trouble the mind of new entrants to
law practice.
 The lawyers have to adopt ethical practices in all spheres of their profession from
meeting clients, giving them legal counseling, presenting their cases before
appropriate bodies, managing client’s accounts,
✔ Professional Ethics in ancient India :
 In ancient India it was a mandate that King should decide the cases according to

law.
 One of the Advocates in the ancient times who appeared as Amicus Curiae on his
own was none other than Vibhishan who pleaded before his elder brother, King
Ravana that Hanuman, the messenger, shall not to be killed and it is the duty of
the King to know the difference between right and the wrong.
 “Kshama Rosham Tayaj Rakshendra
 Praseed Me Vakyamidam Shurunshav
 Vadham Na Kurvanti Paravargya Dutasya
 Santo Vasudhadhipendra.”
 Meaning : “O mighty King of all demons! Forgive me! Discard your rage. Be
pleased! Listen to this counsel of mine. O knower of right and wrong, O king of
all kings! One does not kill messengers, for messengers (envoy) are under
another’s orders.”
✔ What is meant by “professional ethics”?
 Professional Ethics may be defined as,
● a code of conduct written or unwritten for regulating the behavior of a practicing
lawyer towards himself, his client, his adversary in law and towards the court.
 Thus, ethics of legal profession means the body of rules and practices which
determine the professional conduct of the members of a bar.
 When the person joins the legal profession and starts practicing, his relation with
men, in general, is governed by general rules of law,
● but his conduct as advocate is governed by the especial rules of profession
ethics of the Bar.
 The main object of the ethics of the legal profession is to maintain the dignity of
the legal profession and the friendly relation between the Bench and the Bar.
 Legal Ethics is that branch of moral science which deals with the duties which a
member of the legal profession owes to the public, the Court, to his professional
brethren and to his clients.
 Legal ethics is one of the branch of moral science.
 Etymological origin of the words moral and ethics appear to be same.
● The term ‘moral’ comes from Latin Word mos (plural mores) meaning thereby
“Custom or way of life.”
● The term ‘ethics’ is derived from the Greek word ethos meaning “Custom” or
“Character”.
 Thus both the words moral and ethics are mostly synonymous and refer to a type
of behavior practices by a group which tends to become customary. But there is a
slight difference in the two,

● moral or morality ordinarily refers to the conduct itself,

● while ethics or ethical suggests the study of moral conduct or the system of code
which is to be followed.
 The Oxford Companion to Law explains the professional ethics as
● “the standards of right and honourable conducts which should be observed by
members of professions in their dealings one with another and in protecting the
interests and handling the affairs of their clients.”
●
✔ Nature of “professional ethics” :

✔ Importance/ need of Professional Ethics in legal field :
 The Lawyers play important role in the maintenance of peace and order in the
society.
 They stand for legal order which is one of the noblest functions in the society.
 A legal practitioner is under triple obligation :
● an obligation to his clients to be faithful to them till the last,
● an obligation to the profession not to besmirch its name by anything done by
him, and
● an obligation to the court to be and to remain a dependable part of the
machinery through which justice is administered.
 Legal profession is for public good. It is not for making money but to provide
Justice to the right person.
 Lawyers are integral to the working-out of the law and the “Rule of Law” itself is
founded on principles of justice, fairness and equity.
● If lawyers do not adhere and promote these ethical principles then the law will
fall into disrepute and people will resort to alternative means of resolving
conflict.
● The Rule of Law will fail with a rise of public discontent.
 Lawyers are professionals. Hence, the notion that issues of ethical responsibility
and duty are an inherent part of the legal profession.
● It has been said that a profession's most valuable asset is its collective
reputation and the confidence which that inspires. The legal profession especially
must have the confidence of the community.
● Justice Kirby of the Australian High Court once noted :
 The challenge before the legal profession....is to resolve the basic paradoxes
which it faces....To re-organise itself in such a way as to provide more
effective, real and affordable access to legal advice and representation by

ordinary citizens.
 To preserve and where necessary, to defend the best of the old rules requiring
honesty, fidelity loyalty, diligence, competence and dispassion in the service of
clients, above mere self-interest and specifically above commercial self-
advantage.
 Lawyers are admitted as officers of the court and therefore have an obligation to
serve the court and the administration of justice.
 Lawyers are a privileged class for only lawyers can take on the causes of others
and bring them before the courts.
 Thus, it can be said that professional ethics is of paramount importance for any
legal professional.
✔ Advantages of having codified professional ethics :
 Firstly, codes of ethics are important means of social control. It will keep new
comers to the profession aware and old members in line according to the social
requirement and expectations.
 Secondly, Professional ethical codes prevent control or interference by the
government or by society though some one of its agencies.
● If a degree of standardization is needed and that is done by the profession itself,
it will keep outside interference away.
 Third, ethical codes are important, in developing higher standards of conduct.
 Fourthly, the existence of code will have great educative, corrective and appreciable
value for both the lawyers and the laymen.
➔ Explain – ‘The seven lamps of advocacy are the qualities of an Advocate’. (Apr-2013,
Apr-2017)
✔ Explain : Seven Lamps of Advocacy (Mar-2014, Apr-2016)
ANSWER :
✔ Refer :
 http://lawbaba.in/lamps-advocacy/
✔ Intro :
 Advocacy is an honorable profession.
 Advocates are part and parcel of the judiciary system.
 Their endeavors is to resolve conflicts in the society.
 Advocates defend the rights and enforce liabilities.

 They hold important and unique place in the society.

 Advocacy is not a craft but a calling; a profession wherein devotion to duty
constitutes the hallmark.
 Legal profession is regarded to be a noble one. A good advocate should possess
some essential qualities and equipment.
 Justice Abbot Parry lists following qualities as “Seven Lamps of Advocacy” :
● (i) Honesty
● (ii) Courage
● (iii) Industry
● (iv) Wit
● (v) Eloquence
● (vi) Judgment
● (vii) Fellowship
● Tact, is the 8th Lamp added by Justice K.V. Krishnaswamy Aiyer.
✔ 1. Honesty :
 Honesty means the quality of straightforwardness; freedom from deceit, cheating
or stealing and not telling lies. Honesty is the most important quality that an
advocate should possess. His thoughts words and deeds should have sincere co-
relation to each other with genuineness. An Advocate should be dependable reliable
to everyone who seeks his advise and services. The nobleness of legal profession
lies in honesty itself.
 An advocate should not do illegal practices. He should not do any act which will
lead to professional misconduct. He should disclose the real facts and legal

profession to his clients frankly. Honesty, integrity and character are inseparable.
These there virtues together are essential for the success of an advocate. The great
sages of law had sucked the law from the breasts of knowledge, honesty, gravity
and integrity.
✔ 2. Courage :
 Courage is the quality that enables a person to control fear in the face of danger,
pain, misfortune, etc.; It is the duty of an Advocate to fearlessly uphold the
interest of his client by all fair means without fear of any unpleasant consequences
to himself or any other person. It is the knowledge and the skill of the Advocate
that gives him the necessary courage and confidence to present the case fearlessly
and to uphold the interest of the client. Courage is as good a weapon in the forum
as in the war camp.
 According to Charles Hutton’s :
● “He hath in perfection the three chief qualifications of an advocate; Boldness, —
Boldness and Boldness”.
✔ 3. Industry :
 Advocacy is needed a life of industry. An advocate must study his brief in the same
way that an actor studies his part. Means hard work. Hard works is absolutely
necessary for an Advocate. His knowledge of law should be up to date. He shall
never be ignorant of the current law in force. He shall get acquainted with the
latest law by systematic study.
 If one ignores the law, the law will also ignore him. Law is the jealous mistress .
 Lord Eldon Says :
● “An advocate must live like a hermit and work like a horse”.
● Advocacy is an intellectual profession. Intelligence and knowledge will be
sharpened with hard-work and strenuous efforts.
✔ 4. Wit :
 Wit means clever and humorous expression of ideas; liveliness of spirit. Wit flows
from intelligence; understanding and quickness of mind. Wit lessens the work load
of an advocate. Anxiety for a favourable verdict on the part of the lawyers; and
perpetual worry for the pursuit of the truth on the part of the judges generate
strain and tension.
 Wit relaxes his mental strain. Often the wit of an advocate will turn a Judge from
an unwise course, where Judgment, or rhetoric would certainly fail. The lamp of wit
is needed to lighten the darkness of advocacy.
✔ 5. Eloquence :
 The success of an advocate depends upon his eloquence.
 Eloquence means fluent speaking and skillful use of language to persuade or to

appeal to the feelings of others. Fluent speaking impresses the listener. As

advocate must be fluent, skillful in using appropriate words to impress the Court.
 Eloquence attracts the attention of the listener.
 Eloquence is related to the art of oratory. ‘Eloquence of manner is real eloquence’
and there is a physical as well as psychological side to advocacy.
 Words are his keys of thoughts. Strong vocabulary gives him assurance, build his
self confidence and build his personality. Words must be employed with eloquence.
The art of persuasive and impressive speaking will give the desired result in his
favour.
✔ 6. Judgment :
 Judgment is an intellectual capacity, ‘the inspiration which enables a man to
translate good sense into right action’.
 It means the ability to come to a sensible conclusion and make wise decisions at
the relevant time in the proper way. It is on the basis of these conclusions he
should employ the necessary facts and the techniques in the case which he is
engaged. This quality is necessary from the beginning of filing the case till its final
disposal.
 An Advocate must always anticipate all the possible moves of the other side and
must develop the necessary presence of mind , alertness and tact to cope with any
awkward situation of difficulty that may arise in the case.
 Judge Abbot Parry has referred to judgment as one of the seven lamps; but he
refers to it essentially as an intellectual capacity, ‘the inspiration’ which enables a
man to translate good sense into right action e.g. ‘seeing the right point of his
case’ and the like.
✔ 7. Fellowship :
 Fellowship means the membership in friendly association or companionship.
Fellowship is exactly like great public schools, the boys of which have grown older,
and have exchanged boyish for manly objects.
 In legal profession, one Advocate fights with another Advocate for justice before
the learned judge. There may be controversies and contradictions in their
contention relating to the case, but that shall never affect the fellowship. The
Advocates should refer the opposite party’s Advocate as “Learned Friend” and the
judge should be referred as “Learned Judge”.
 In order to maintain the fellowship, the Bar Council of India has laid down certain
rules to be observed as the duty to colleagues. Among advocates, there is just the
same rough familiarly, the general ardor of character, the same kind of public
opinion expressed in exactly the same blunt, unmistakable manner.
 By keeping the lamp of fellowship burning, advocates encourage each other by
sharing the knowledge to walk in the light of the seven lamps of advocacy.

✔ Tact : 8th Lamp added by Justice K.V. Krishnaswamy Aiyer :

 A new lamp was added by K.V. Krishnaswamy Aiyer, in his book “Professional
Conduct and Advocacy” i.e. tact.
 Tact means handling people and situations skillfully and without causing offence. An
advocate must be in a position to tackle and win his client, opponent party,
opponent advocate and the Court in a smoother way. Many people of unequal
ability have failed for want of tact. An advocate should not quarrel with Court or
loose temper over trifle things in the Court and outside. Men of unquestioned
ability have suffered for quarreling with the tribunal or for standing on their dignity
over trifles, for getting their clients, or for losing their tempers; they are men of
parts but more properly refers to the human side of putting into action the result of
one’s judgment.
➔ Explain : Resolutions of Hoffman and importance thereof in legal profession (Mar-

2014, Apr-2016)
✔ Explain : Explain in brief the resolutions of Hoffman. (Apr-2017)
ANSWER :
✔ Refer :
 https://lonang.com/commentaries/curriculum/professional-deportment/
✔ Resolutions of Hoffman : Fifty Resolutions, in regard to Professional Deportment, of
David C. Hoffman (1836) are as follows :
 1. I will never permit professional zeal to carry me beyond the limits of sobriety
and decorum, but bear in mind, with Sir Edward Coke, that “if a river swell beyond
its banks, it loseth its own channel.”
 2. I will espouse no man’s cause out of envy, hatred, or malice toward his
antagonist.
 3. To all judges, when in court, I will ever be respectful. They are the law’s
vicegerents; and whatever may be their character and deportment the individual
should be lost in the majesty of the office.
 4. Should judges, while on the bench, forget that, as an officer of their court, I
have rights, and treat me even with disrespect, I shall value myself too highly to
deal with them in like manner. A firm and temperate remonstrance is all that I will
ever allow myself.
 5. In all intercourse with my professional brethren, I will always be courteous. No
man’s passion shall intimidate me from asserting fully my own or my client’s rights,
and no man’s ignorance or folly shall induce me to take any advantage of him. I
shall deal with them all as honorable men, ministering at our common altar. But an

act of unequivocal meanness or dishonesty, though it shall wholly sever any

personal relation that may subsist between us, shall produce no change in my
deportment when brought in professional connection with them. My client’s rights,
and not my own feelings, are then alone to be consulted.
 6. To the various officers of the court I will be studiously respectful , and specially
regardful of their rights and privileges.
 7. As a general rule, I will not allow myself to be engaged in a cause to the
exclusion of, or even in participation with, the counsel previously engaged, unless
at his own special instance, in union with his client’s wishes; and it must, indeed,
be a strong case of gross neglect or of fatal inability in the counsel, that shall
induce me to take the cause to myself.
 8. If I have ever had any connection with a cause, I will never permit myself (when
that connection is from any reason severed) to be engaged on the side of my
former antagonist. Nor shall any change in the formal aspect of the cause induce
me to regard it as a ground of exception. It is a poor apology for being found on
the opposite side, that the present is but the ghost of the former cause.
 9. Any promise or pledge made by me to the adverse counsel shall be strictly
adhered to by me; nor shall the subsequent instructions of my client induce me to
depart from it, unless I am well satisfied it was made in error, or that the rights of
my client would be materially impaired by its performance.
 10. Should my client be disposed to insist on captious requisitions, or frivolous and
vexatious defenses, they shall be neither enforced nor countenanced by me. And if
still adhered to by him from a hope of pressing the other party into an unjust
compromise, or with any other motive, he shall have the option to select other
counsel.
 11. If, after duly examining a case, I am persuaded that my client’s claim or
defense (as the case may be), cannot, or rather ought not to, be sustained, I will
promptly advise him to abandon it. To press it further in such a case, with the hope
of gleaning some advantage by an extorted compromise would be lending myself to
a dishonorable use of legal means in order to gain a portion of that, the whole of
which I have reason to believe would be denied to him both by law and justice.
 12. I will never plead the statute of limitations when based on the mere efflux of
time; for if my client is conscious he owes the debt, and has no other defense than
the legal bar, he shall never make me a partner in his knavery.
 13. I will never plead or otherwise avail myself of the bar of infancy against an
honest demand. If my client possesses the ability to pay, and has no other legal or
moral defense than that it was contracted by him when under the age of twenty-
one years, he must seek for other counsel to sustain him in such a defense. And
although in this, as well as in that of limitation, the law has given the defense, and
contemplates, in the one case, to induce claimants to a timely prosecution of their
rights, and in the other designs to protect a class of persons, who by reason of

tender age are peculiarly liable to be imposed on, yet, in both cases, I shall claim
to be the sole judge (the pleas not being compulsory) of the occasions proper for
their use.
 14. My client’s conscience and my own are distinct entities; and though my
vocation may sometimes justify my maintaining as facts or principles, in doubtful
cases, what may be neither one nor the other, I shall ever claim the privilege of
solely judging to what extent to go. In civil cases, if I am satisfied from the
evidence that the fact is against my client, he must excuse me if I do not see as he
does, and do not press it; and should the principle also be wholly at variance with
sound law, it would be dishonorable folly in me to endeavor to incorporate it into
the jurisprudence of the country, when, if successful, it would be a gangrene that
might bring death to my cause of the succeeding day.
 15. When employed to defend those charged with crimes of the deepest dye, and
the evidence against them, whether legal or moral, be such as to leave no just
doubt of their guilt, I shall not hold myself privileged, much less obliged, to use my
endeavors to arrest or to impede the course of justice, by special resorts to
ingenuity, to the artifices of eloquence, to appeals to the morbid and fleeting
sympathies of weak juries, or of temporizing courts, to my own personal weight of
character–nor finally, to any of the overweening influences I may possess from
popular manners, eminent talents, exalted learning, etc. Persons of atrocious
character, who have violated the laws of God and man, are entitled to no such
special exertions from any member of our pure and honorable profession; and,
indeed, to no intervention beyond securing to them a fair and dispassionate
investigation of the facts of their cause, and the due application of the law. All that
goes beyond this, either in manner or substance, is unprofessional, and proceeds,
either from a mistaken view of the relation of client and counsel, or from some
unworthy and selfish motive which sets a higher value on professional display and
success than on truth and justice, and the substantial interests of the community.
Such an inordinate ambition I shall ever regard as a most dangerous perversion of
talents, and a shameful abuse of an exalted station. The parricide, the gratuitous
murderer, or their perpetrator of like revolting crimes, has surely no such claim on
the commanding talents of a profession whose object and pride should be the
suppression of all vice by the vindication and enforcement of the laws. Those,
therefore, who wrest their proud knowledge from its legitimate purposes to pollute
the streams of justice and to screen such foul offenders from merited penalties,
should be regarded by all (and certainly shall by me) as ministers at a holy altar
full of high pretension and apparent sanctity, but inwardly base, unworthy, and
hypocritical–dangerous in the precise ratio of their commanding talents and exalted
learning.
 16. Whatever personal influence I may be so fortunate as to possess shall be used
by me only as the most valuable of my possessions, and not be cheapened or
rendered questionable by a too frequent appeal to its influence. There is nothing

more fatal to weight of character than its common use; and especially that
unworthy one, often indulged in by eminent counsel, of solemn assurances to eke
out a sickly and doubtful cause. If the case be a good one, it needs no such
appliance; and if bad, the artifice ought to be too shallow to mislead any one.
Whether one or the other, such personal pledges should be very sparingly used and
only on occasions which obviously demand them; for if more liberally resorted to,
they beget doubts where none may have existed or strengthen those which before
were only feebly felt.
 17. Should I attain that eminent standing at the bar which gives authority to my
opinions, I shall endeavor, in my intercourse with my junior brethren, to avoid the
least display of it to their prejudice. I will strive never to forget the days of my
youth, when I too was feeble in the law, and without standing. I will remember my
then ambitious aspirations (though timid and modest) nearly blighted by the
inconsiderate or rude and arrogant deportment of some of my seniors; and I will
further remember that the vital spark of my early ambition might have been wholly
extinguished, and my hopes forever ruined, had not my own resolutions, and a few
generous acts of some others of my seniors, raised me from my depression. To my
juniors, therefore, I shall ever be kind and encouraging; and never too proud to
recognize distinctly that, on many occasions, it is quite probable their knowledge
may be more accurate than my own, and that they, with their limited reading and
experience, have seen the matter more soundly than I, with my much reading and
long experience.
 18. To my clients I will be faithful; and in their cause zealous and industrious .
Those who can afford to compensate me, must do so; but I shall never close my
ear or heart because my client’s means are low. Those who have none, and who
have just causes are, of all others, the best entitled to sue, or be defended; and
they shall receive a due portion of my services, cheerfully given.
 19. Should my client be disposed to compromise, or to settle his claim, or defense,
and especially if he be content with a verdict or judgment, that has been rendered,
or, having no opinion of his own, relies with confidence on mine, I will in all such
cases greatly respect his wishes and real interests. The further prosecution,
therefore, of the claim or defense (as the case may be), will be recommended by
me only when, after mature deliberation, I am satisfied that the chances are
decidedly in his favor; and I will never forget that the pride of professional opinion
on my part, or the spirit of submission, or of controversy (as the case may be), on
that of my client, may easily mislead the judgment of both, and cannot justify me
in sanctioning, and certainly not in recommending, the further prosecution of what
ought to be regarded as a hopeless cause. To keep up the ball (as the phrase goes)
at my client’s expense, and to my own profit, must be dishonorable; and however
willing my client may be to pursue a phantom, and to rely implicitly on my opinion,
I will terminate the controversy as conscientiously for him as I would were the
cause my own.

 20. Should I not understand my client’s cause, after due means to comprehend it, I
will retain it no longer, but honestly confess it, and advise him to consult others,
whose knowledge of the particular case may probably be better than my own.
 21. The wealthy and the powerful shall have no privilege against my client that
does not equally appertain to others. None shall be so great as to rise, even for a
moment, above the just requisitions of the law.
 22. When my client’s reputation is involved in the controversy, it shall be, if
possible, judicially passed on. Such cases do not admit of compromise; and no
man’s elevated standing shall induce me to consent to such a mode of settling the
matter: the amend from the great and wealthy to the ignoble and poor should be
free, full and open.
 23. In all small cases in which I may be engaged I will as conscientiously discharge
my duty as in those of magnitude; always recollecting that ‘small’ and ‘large’ are to
clients relative terms, the former being to a poor man what the latter is to a rich
one; and, as a young practitioner, not forgetting that large ones, which we have
not, will never come, if the small ones, which we have, are neglected.
 24. I will never be tempted by any pecuniary advantage, however great, nor be
persuaded by any appeal to my feelings, however strong, to purchase, in whole or
in part, my client’s cause. Should his wants be pressing, it will be an act of
humanity to relieve them myself, if I am able, and if I am not then to induce others
to do so. But in no case will I permit either my benevolence or avarice, his wants or
his ignorance, to seduce me into any participation of his pending claim or defense.
Cases may arise in which it would be mutually advantageous thus to bargain, but
the experiment is too dangerous, and my rule too sacred, to admit of any
exception, persuaded as I am that the relation of client and counsel, to be
preserved in absolute purity, must admit of no such privilege, however guarded it
may be by circumstances; and should the special case alluded to arise, better
would it be that my client should suffer, and I lose a great and honest advantage,
than that any discretion should exist in a matter so extremely liable to abuse, and
so dangerous in precedent.
● And though I have thus strongly worded my resolution, I do not thereby mean to
repudiate, as wholly inadmissible, the taking of contingent fees. On the contrary,
they are sometimes perfectly proper and are called for by public policy, no less
than by humanity. The distinction is very clear. A claim or defense may be
perfectly good in law, and in justice, and yet the expenses of litigation would be
much beyond the means of the claimant or defendant–and equally so to counsel,
who, if not thus contingently compensated in the ratio of the risk, might not be
compensated at all. A contingent fee looks to professional compensation only on
the final result of the matter in favor of the client. None other is offered or is
attainable. The claim or defense never can be made without such arrangement.
It is voluntarily tendered, and necessarily accepted or rejected, before the

institution of any proceedings.

● It (i.e., a contingent fee arrangement) flows not from the influence of counsel
over client. Both parties have the option to be off. No expenses have been
incurred. No moneys have been paid by the counsel to the client. The relation of
borrower and lender, of vendor and vendee, does not subsist between them; but
it is an independent contract for the services of counsel to be rendered for the
contingent avails of the matter to be litigated. Were this denied to the poor man,
he could neither prosecute nor be defended. All of this differs essentially from
the object of my resolution, which is against purchasing, in whole or in part, my
client’s rights, after the relation of client and counsel, in respect to it, has been
fully established, after the strength of his case has become known to me, after
his total pecuniary inability is equally known, after expenses have been incurred
which he is unable to meet, after he stands to me in the relation of a debtor, and
after he desires money from me in exchange for his pending rights. With this
explanation I renew my resolution never so to purchase my client’s cause, in
whole or in part, but still reserve to myself, on proper occasions, and with proper
guards, the professional privilege (denied by no law among us) of agreeing to
receive a contingent compensation freely offered for service wholly to be
rendered, and when it is the only means by which the matter can either be
prosecuted or defended. Under all other circumstances, I shall regard contingent
fees as obnoxious to the present resolution.
 25. I will retain no client’s funds beyond the period in which I can, with safety and
ease, put him in possession of them.
 26. I will on no occasion blend with my own my client’s money. If kept distinctly as
his it will be less liable to be considered as my own.
 27. I will charge for my services what my judgment and conscience inform me is
my due, and nothing more. If that be withheld it will be no fit matter for
arbitration; for no one but myself can adequately judge of such services, and after
they are successfully rendered, they are apt to be ungratefully forgotten. I will then
receive what the client offers, or the laws of the country may award; but in either
case he must never hope to be again my client.
 28. As a general rule I will carefully avoid what is called the “taking of half fees.”
And though no one can be so competent as myself to judge what may be a just
compensation for my services, yet when the quiddam honorarium has been
established by usage or law, I shall regard as eminently dishonorable all
underbidding of my professional brethren. On such a subject, however, no inflexible
rule can be given to myself, except to be invariably guided by a lively recollection
that I belong to an honorable profession.
 29. Having received a retainer for contemplated services, which circumstances
have prevented me from rendering, I shall hold myself bound to refund the same,
as having paid to me on a consideration which has failed, and, as such, subject to

restitution on every principle of law, and of good morals, and this shall be repaid
not merely at the instance of my client, but ex mero motu.
 30. After a cause is finally disposed of, and all relation of client and counsel seems
to be forever closed, I will not forget that it once existed, and will not be inattentive
to his just request that all of his papers may be careful arranged by me, and
handed over to him. The execution of such demands, though sometimes
troublesome, and inopportunely or too urgently made, still remains a part of my
professional duty, for which I shall consider myself already compensated.
 31. All opinions for clients, verbal or written, shall be my opinions, deliberately and
sincerely given, and never venal and flattering offerings to their wishes or their
vanity. And though clients sometimes have the folly to be better pleased with
having their views confirmed by an erroneous opinion than their wishes or hopes
thwarted by a sound one, yet such assentation is dishonest and unprofessional.
Counsel, in giving opinions, whether they perceive this weakness in their clients or
not, should act as judges, responsible to God and man, as also especially to their
employers, to advise them soberly, discreetly, and honestly, to the best of their
ability, though the certain consequence be the loss of large prospective gains.
 32. If my client consents to endeavors for a compromise of his claim or defense,
and for that purpose I am to commune with the opposing counsel or others, I will
never permit myself to enter upon a system of tactics, to ascertain who shall
overreach the other by the most nicely balanced artifices of disingenuousness, by
mystery, silence, obscurity, suspicion, vigilance to the letter, and all of the other
machinery used by this class of tacticians to the vulgar surprise of clients, and the
admiration of a few ill-judging lawyers. On the contrary, my resolution in such a
case is to examine with great care, previously to the interview, the matter of
compromise; to form a judgment as to what I will offer or accept; and promptly,
frankly, and firmly to communicate my views to the adverse counsel. In so doing
no lights shall be withheld that may terminate the matter as speedily and as nearly
in accordance with the rights of my client as possible; although a more dilatory,
exacting and wary policy might finally extract something more than my own or
even my client’s hopes. Reputation gained for this species of skill is sure to be
followed by more than an equivalent loss of character; shrewdness is too often
allied to unfairness, caution to severity, silence to disingenuousness, wariness to
exaction to make me covet a reputation based on such qualities.
 33. What is wrong is not the less so from being common. And though few dare to
be singular, even in a right cause, I am resolved to make my own, and not the
conscience of others, my sole guide. What is morally wrong cannot be
professionally right, however it may be sanctioned by time or custom. It is better
to be right with a few, or even none, than wrong, though with a multitude. If,
therefore, there be among my brethren any traditional moral errors of practice,
they shall be studiously avoided by me, though in so doing I unhappily come in
collision with what is (erroneously, I think) too often denominated the policy of the

profession. Such cases, fortunately, occur but seldom; but, when they do, I shall
trust to that moral firmness of purpose which shrinks from no consequences, and
which can be intimidated by no authority, however ancient or respectable.
 34. Law is a deep science. Its boundaries, like space, seem to recede as we
advance; and though there be as much of certainty in it as in any other science, it
is fit we should be modest in our opinions, and ever willing to be further instructed.
Its acquisition is more than the labor of a life, and after all can be with none the
subject of an unshaken confidence. In the language, then of a late beautiful writer,
I am resolved to “consider my own acquired knowledge but as a torch flung into an
abyss, making the darkness visible, and showing me the extent of my own
ignorance.” (Jameson)
 35. I will never be voluntarily called as a witness in any cause in which I am
counsel. Should my testimony, however, be so material that without it my client’s
cause may be greatly prejudiced, he must at once use his option to cancel the tie
between us in the cause, and dispense with my further services or with my
evidence. Such a dilemma would be anxiously avoided by every delicate mind, the
union of counsel and witness being usually resorted to only as a forlorn hope in the
agonies of a cause, and becomes particularly offensive when its object be to prove
an admission made to such counsel by the opposite litigant. Nor will I ever
recognize any distinction in this respect between my knowledge of facts acquired
before and since the institution of the suit, for in no case will I consent to sustain
by my testimony any of the matters which my interest and professional duty render
me anxious to support. This resolution, however, has no application whatever to
facts contemporaneous with and relating merely to the prosecution or defense of
the cause itself, such as evidence relating to the contents of a paper unfortunately
lost by myself or others, and such like matters, which do not respect the original
merits of the controversy, and which, in truth, adds nothing to the once existing
testimony, but relates merely to matters respecting the conduct of the suit, or to
the recovery of lost evidence; nor does it apply to the case of gratuitous counsel–
that is, to those who have expressly given their services voluntarily.
 36. Every letter or note that is addressed to me shall receive a suitable response,
and in proper time. Nor shall it matter from whom it comes, what it seeks, or what
may be the terms in which it is penned. Silence can be justified in no case; and
though the information sought cannot or ought not to be given, still decorum would
require from me a courteous recognition of the request, though accompanied with
a firm withholding of what has been asked. There can be no surer indication of
vulgar education than neglect of letters and notes. It manifests a total want of that
tact and amenity which intercourse with good society never fails to confer. But that
dogged silence (worse than a rude reply) in which some of our profession indulge
on receiving letters offensive to their dignity, or when dictated by ignorant
importunity, I am resolved never to imitate, but will answer every letter and note
with as much civility as may be due, and in as good time as may be practicable.

 37. Should a professional brother, by his industry, learning, and zeal, or even by
some happy chance, become eminently successful in causes which give him large
pecuniary emoluments, I will neither envy him the fruits of his toils or good
fortune, nor endeavor by any indirection to lessen them, but rather strive to
emulate his worth, than enviously to brood over his meritorious success, and my
own more tardy career.
 38. Should it be my happy lot to rank with or take precedence of my seniors, who
formerly endeavored to impede my ownward course, I am firmly resolved to give
them no cause to suppose that I remember the one, or am conscious of the other.
When age and infirmities have overtaken them, my kindness will teach them the
loveliness of forgiveness. Those, again, who aided me when young in the
profession shall find my gratitude increase in proportion as I become the better
able to sustain myself.
 39. A forensic contest is often no very sure test of the comparative strength of the
combatants, nor should defeat be regarded as a just cause of boast in the victor, or
of mortification in the vanquished. When the controversy has been judicially settled
against me, in all court, I will not “fight the battle o’er again,” coram non judice;
nor endeavor to persuade others, as is too often done, that the courts were
prejudiced, or the jury desperately ignorant, or the witnesses perjured, or that the
victorious counsel were unprofessional and disingenuous. In such cases, Credat
Judaeus Apella!
 40. Ardor <passion> in debate is often the soul of eloquence , and the greatest
charm of oratory. When spontaneous and suited to the occasion, it becomes
powerful. A sure test of this is when it so alarms a cold, calculating and
disingenuous opponent, as to induce him to resort to numerous vexatious means of
neutralizing its force, when ridicule and sarcasm take the place of argument, when
the poor device is resorted to of endeavoring to cast the speaker from his well-
guarded pivot, by repeated interruptions, or by impressing on the court and jury
that his just and well-tempered zeal is but passion, and his earnestness but the
exacerbation of constitutional infirmity, when the opponent assumes a patronizing
air, and imparts lessons of wisdom and of instruction! Such opponents I am
resolved to disappoint, and on no account will I ever imitate their example. The
warm current of my feelings shall be permitted to flow on; the influences of my
nature shall receive no check; the ardor and fullness of my words shall not be
abated–for this would be to gratify the unjust wishes of my adversary, and would
lessen my usefulness to my client’s cause.
 41. In reading to the court or to the jury authorities, records, documents, or other
papers, I shall always consider myself as executing a trust, and as such bound to
execute it faithfully and honorably. I am resolved, therefore, carefully to abstain
from all false or deceptious readings, and from all uncandid omissions of any
qualifications of the doctrines maintained by me, which may be contained in the
text or in the notes; and I shall ever hold that the obligation extends not only to

words, syllables, and letters, but also to the modus legendi. All intentional false
emphasis and even intonations in any degree calculated to mislead, are petty
impositions on the confidence reposed, and whilst avoided by myself, shall ever be
regarded by me in others as feeble devices of an impoverished mind, or as
pregnant evidences of a disregard for truth, which justly subjects them to be
closely watched in more important matters.
 42. In the examination of witnesses, I shall not forget that perhaps circumstances
and not choice have placed them somewhat in my power. Whether so or not, I shall
never esteem it my privilege to disregard their feelings, or to extort from their
evidence what, in moments free from embarrassment, they would not testify. Nor
will I conclude that they have no regard for truth and even the sanctity of an oath,
because they use the privilege accorded to others, of changing their language and
of explaining their previous declarations. Such captious dealing with the words and
syllables of a witness ought to produce in the mind of an intelligent jury only a
reverse effect from that designed by those who practice such poor devices.
 43. I will never enter into any conversation with my opponent’s client, relative to
his claim or defense, except with the consent and in the presence of his counsel.
 44. Should the party just mentioned have no counsel, and my client’s interest
demand that I should still commune with him, it shall be done in writing only, and
no verbal response will be received. And if such person be unable to commune in
writing, I will either delay the matter until he employs counsel, or take down in
writing his reply in the presence of others; so that if occasion should make it
essential to avail myself of his answer, it may be done through the testimony of
others, and not by mine. Even such cases should be regarded as the result of
unavoidable necessity, and are to be resorted to only to guard against great risk,
the artifices of fraud, or with the hope of obviating litigation.
 45. Success in any profession will be much promoted by good address . Even the
most cautious and discriminating minds are not exempt from its influence: the
wisest judges, the most dispassionate juries, and the most wary opponents being
made thereby, at least, more willing auditors–and this, of itself, is a valuable end.
But whilst address is deservedly prized, and merits the highest cultivation, I fully
concur in sentiment with a high authority, that we should be “respectful without
meanness, easy without too much familiarity, genteel without affectation, and
insinuating without any art or design.”
 46. Nothing is more unfriendly to the art of pleasing than morbid timidity
(bashfulness – mauvaise honte). All life teems with examples of its prejudicial
influence, showing that the art of rising in life has no greater enemy than this
nervous and senseless defect of education. Self-possession, calmness, steady
assurance, intrepidity–are all perfectly consistent with the most amiable modesty,
and none but vulgar and illiterate minds are prone to attribute to presumptuous
assurance the apparently cool and unconcerned exertions of young men at the bar.
A great connoisseur in such matters says that “what is done under concern and

embarrassment is sure to be ill done”; and the judge (I have known some) who can
scowl on the early endeavors of the youthful advocate who has fortified himself
with resolution, must be a man poor in the knowledge of human character, and,
perhaps still more so in good feelings. Whilst, therefore, I shall ever cherish these
opinions, I hold myself bound to distinguish the arrogant, noisy, shallow, and
dictatorial impudence of some, from the gentle, though firm and manly, confidence
of others–they who bear the white banner of modesty, fringed with resolution.
 47. All reasoning should be regarded as a philosophical process–its object being
conviction by certain known and legitimate means. No one ought to be expected to
be convinced by loud words, dogmatic assertions, assumption of superior
knowledge, sarcasm, invective; but by gentleness, sound ideas, cautiously
expressed by sincerity, by ardor without extravasation. The minds and hearts of
those we address are apt to be closed when the lungs are appealed to, instead of
logic; when assertion is relied on more than proof; and when sarcasm and invective
supply the place of deliberate reasoning. My resolution, therefore, is to respect
courts, juries, and counsel as assailable only through the medium of logical and
just reasoning; and by such appeals to the sympathies of our common nature as
are worthy, legitimate, well-timed, and in good taste.
 48. The ill success of many at the bar is owing to the fact that their business is not
their pleasure. Nothing can be more unfortunate than this state of mind. The world
is too full of penetration not to perceive it, and much of our discourteous manner to
clients, to courts, to juries, and counsel, has its source in this defect. I am,
therefore, resolved to cultivate a passion for my profession, or, after a reasonable
exertion therein, without success, to abandon it. But I will previously bear in mind,
that he who abandons any profession will scarcely find another to suit him. The
defect is in himself. He has not performed his duty, and has failed in resolutions,
perhaps often made, to retrieve lost time. The want of firmness can give no
promise of success in any vocation.
 49. Avarice <greed> is one of the most dangerous and disgusting of vices .
Fortunately its presence is oftener found in age than in youth; for if it be seen as
an early feature in our character it is sure, in the course of a long life, to work a
great mass of oppression, and to end in both intellectual and moral desolation.
Avarice gradually originates every species of indirection. Its offspring is meanness;
and it contaminates every pure and honorable principle. It cannot consist with
honesty scarce a moment without gaining the victory. Should the young
practitioner, therefore, on the receipt of the first fruits of his exertions, perceive the
slightest manifestations of this vice, let him view it as his most insidious and deadly
enemy. Unless he can then heartily and thoroughly eradicate it, he will find himself,
perhaps slowly, but surely, capable of unprofessional, means, and, finally, dishonest
acts which, as they cannot be long concealed, will render him conscious of the loss
of character; make him callous to all the nicer feelings; and ultimately so degrade
him, that he consents to live upon arts, from which his talents, acquirements, and

original integrity would certainly have rescued him, had he, at the very
commencement, fortified himself with the resolution to reject all gains save those
acquired by the most strictly honorable and professional means. I am, therefore,
firmly resolved never to receive from any one a compensation not justly and
honorably my due, and if fairly received, to place on it no undue value, to entertain
no affection for money, further than as a means of obtaining the goods of life; the
art of using money being quite as important for the avoidance of avarice, and the
preservation of a pure character, as that of acquiring it.
 With the aid of the foregoing resolutions, and the faithful adherence to the
following and last one, I hope to attain eminence in my profession, and to leave
this world with the merited reputation of having lived an honest lawyer.
 50. Last resolution: I will read the foregoing forty-nine resolutions twice every year
during my professional life.
✔ Importance of resolutions of Hoffman :
 <work on this>

➔ Explain detail : Ten commandment of advocate (Mar-2015)

ANSWER :
✔ Refer :
 https://www.coursehero.com/file/p3jhki8/Ten-commandments-of-Advocates-The-
various-duties-of-an-Advocate-like-duties-to/
✔ The various duties of an Advocate like duties to the client, duties to the court, duties
to the colleagues and duties to the public shall be put into the following ten rules
popularly known as the ten Commandments of Advocates.
✔ Ten commandment of advocate :
 1. Protection of the interest of the client :
● An Advocate must be loyal to the interests of the client and fight for his cause
without the fear of any unpleasant consequence to him or any other person (see
duty to the client).
 2. Proper Estimation of the value of the Legal Advise :
● An Advocate shall not over estimate or under estimate the value of his advice.
He must always give proper legal advice to the client.
 3. Honesty and Respect for Court :
● He must be always be honest and respectful to the court.

 4. Preparation of the case :

● He must prepare the case thoroughly before presenting it to the court.
 5. Service :
● Lawyers shall be willing to protect the rights of the oppressed and the poor.
 6. Loyalty to Law and Justice :
● He must always give advise to enhance loyalty to law and justice.
 7. Fellowship :
● He must be always friendly with the fellow-members of the Bar and more
friendly with the young lawyers and encourage them.
 8. Fairness :
● He must be fair in his dealings with the client, with the court and with the public
 9. Systematic Study :
● He must develop the habit of systematic study of the law and acquainted with
the latest developments in Law.
 10. Prudence and Diligence :
● He must always vigilant and active. He must avoid the easy come and easy-go
method.
➔ Write notes : Meaning – Nature of Bar Bench (Apr-2013)

ANSWER :
✔ Refer :
 http://lawsofland.blogspot.in/2017/09/bar-bench-relation.html
 https://www.srdlawnotes.com/2017/09/concept-and-role-of-bar-bench-
relation.html
 http://www.allahabadhighcourt.in/event/RoleoftheBenchandtheBarMHBeg.pdf
✔ Intro :
 The whole purpose of adjudication in our adversary system is,
● for a party to explicitly put his case across the table,
● which will enable the opponent to respond appropriately to that case he has
fielded,
● and then the Judge, as an impartial umpire will adjudicate on the issues in
controversy.
 That and nothing more is the epitome of what justice or fair trial is all about .

 But the persons playing different roles in this due discharge of Justice is never
regarded as equals in a judicial proceedings.
● The Judges shall always be superiormost, officers of the court,
● the prosecutor and the advocates are the intermediary ,
● the Police and other investigation and executing branch form the next group,
● the witnesses and those who give evidence are regarded next,
● the petitioner respondent complainant etc lower still,
● and the defendant respondent accused etc are the least regarded.
 Persons appointed for examination, commission, receiver etc are usually advocates.
Thus Bar Bench Relations relate to the power equations between the top most 2
layers of the functionaries of the judicial process.
✔ What are Bar and Bench?
 The court hall where cases are conducted consists of two parts namely : Bar and
Bench.
 Bar :
● Bar is a collective term for the lawyers who are licensed to practice in the
Courts, or a particular court of any state.
● Advocates are enrolled by the State Bar Council as such, on getting L.L.B degree
from a University and getting a certain training under some advocate as
prescribed by rules.
● The advocates are known as the 'Bar' as a whole body of advocates and an
advocate represents the Bar.
 Bench :
● Bench means all the judges taken together as distinguished from the ‘Bar’ (the
name for all the members of the legal profession), bench is that part of the court
considered in its official capacity, while the judges are sitting.
● The earlier meaning of Bar contained the part of Bench also.
 At the present term ‘Bar’ is applied for the attorneys part of the court and the term
“Bench” is used for the judicial officers part of the Court.
 The power exercised by the Judge over the fate of a criminal or civil litigation is
really enormous.
● Likewise, the power of the advocate is also enormous in determining whether
justice will hit or miss its mark.
 The Bar and Bench play important role in the administration of justice.
✔ Role of Bench in Administration of Justice :
 According to Justice C.L. Anand, there is no office in the State of such power as

that of the Judge. Judges hold power which is immensely greater than that of any
other functionary.
 The common people's life, and liberty, personal domestic happiness, property, and
reputation subject to the wisdom of the judges and hang citizens on their decisions.
If Judicial power becomes corrupt no security is left of life, liberty expires, there no
guarantee is left of personal or domestic happiness.
 A strong powerful, impartial active and the capable judiciary is the greatest need of
a State. On the account of the importance of the judges in the maintenance of the
orderly society, judges should perform their duties.
 The Judge's Persona :
● The persona of the Judge today in India is the ability to detach themselves from
the pursuit of private gain and selfishness and rise above all pettiness, passions,
prejudices, obsessions and complexes and preserve an unruffled temper even
when faced with the most trying of situations.
 What the Judge requires from the Advocate?
● A Judge requires, from an Advocate, assistance in the performance of his own
role.
● The effectiveness and usefulness of an Advocate is determined by his capacity to
satisfy the needs of the Judge.
● It is impossible for an Advocate to give that assistance unless he is equipped
with required learning.
 Role of the Bench to Strengthen Bar –Bench Relation : To strengthen Bar-Bench
relation the Judges should follow and practice the following :
● Just like the Advocates are giving respect to the Judges the Judges should also
give respect to the Advocates and the brethren Judges. Judges should not make
any unwarranted comments in the open court about the Advocate’s lack of
knowledge in the law.
● A person who is acting as a Judge in the Court of Law must discharge his duties
without fear or favor, ill will or affection.
● A Judge must be impartial and must do everything for justice and nothing for
himself or his friends or relatives.
● A Judge should have patience. He should allow the advocate or party fullest
opportunity to present case.
● Proper Interpretation of Act, Rules, Codes, Regulations, Orders, Notifications,
Circulars, Byelaws etc should be given with the object of rendering complete
justice to the parties.
● A Judge should sit with a receptive mind. No Judge should form the opinion
regarding the merit of the case till he heard the parties.

● No Judge Should desire that the Bar Should be servile .

● A Judge must not allow himself to be subjected to any influence other than the
influence of law and justice of the cause.
● A Judge should avoid a controversial manner or tone in addressing counsel,
litigant or witness.
● A Judge should avoid interruption in the Counsel in their argument and in the
examination of the witness.
● An important duty which the judge owes to the Bar is of consideration and
courtesy. He should possess calm temper.
● Cases shall not be adjourned without reasonable and sufficient grounds. Cases
should be disposed off as quickly as possible.
● Judges should possess deep knowledge in law. They should have the ability to
apply the proper law to the disputed facts and to take the right decision.
● Judges have the primary responsibility to protect and preserve the independence
of judiciary.
✔ Role of Bar in Administration of Justice :
 Like Judges, Advocates also plays important role in the administration of Justice.
 Advocates are officers of the Court, they are expected to assist the Court in the
Administration of Justice.
 Advocates collect materials relating to the case and thereby assist the Court in
arriving at a (conclusion)correct judgment.
 An advocate is a partner with the judiciary in the administration of Justice.
 Role of the Bar to Strengthen Bar-Bench Relation : To strengthen the Bar-Bench
relation, an Advocates must take the following steps :
● They should give due respect to the judges and they must avoid speaking ill of
the judges and the judiciary.
● They should help the judges in the trial of the cases by presenting the relevant
law in the correct and clear manner. They should never act in such away to
irritate the judges.
● If the judges pronounces a wrong order, they should not criticize the judges.
They should try to set right the wrong order through appeal.
● For getting favourable order they should not give pressure or influence the
judges.
● If the judges behavior is irritating and disrespect to the Advocates should not
enter in to a direct confrontation with the judge. Through the Bar Association the
matter should be discussed with the judge in his chamber and shall request to
avoid such misbehavior.

● <Search “powers and duties of an advocate” in this doc>

✔ Bar-Bench Relations :
 Administration of Justice is not something which concerns Bench only. It concerns
the Bar also. Advocates and Judges are complementary to each other.
 Bar is the principal ground for recruiting Judges. So they both belong to the same
community.
 Mutual respect is necessary for the maintenance of the cordial relations between
the Bar and Bench.
● But on account of nature of duties to be discharged by advocates and judges,
they may get into dialogues,
 sometimes humorous, sometimes heated and sometimes harsh .
 Scandalising of the court by an advocate is really polluting the very foundation of
justice and such conduct by an advocate brings disrepute to the whole
administration of justice.
 The attitude of an Advocate towards the Court should be one of the uniform
respect, whatever the status of the Court.
● Advocates Private opinion about the Presiding officer, he must not show in its
behavior because he has to uphold the dignity of the judiciary as an institution.
 At the same, it is equally the duty of the judiciary not only to be polite towards the
members of the Bar but to do everything possible to advance its high traditions.
● To strengthen Bar-Bench relation, at regular intervals meeting of judges and the
Advocates shall be arranged. In such meetings the respective sides difficulties
can be discussed and the differences can be sorted out.
 The uncourteous conduct or misconduct of a lawyer or judge may amount to
contempt of Court. There are two Types of Contempt of Court,
● using insulting language against a judge or threatening him with transfer or
impeachment or
● addressing the judge in a loose manner or questioning his authority to ask
questions or making scandalous allegations against a judge etc.
 It amounts to contempt of Court. He is liable for his uncourteous act and
punishable for such contempt of Court.
 The punishment for contempt of Court is intended to protect the public confidence
in the system of Administration of Justice.
➔ Explain : What is the meaning of ‘tout’? Explain. (Apr-2017)

ANSWER :
✔ Refer :


Module-2 :
2) Advocates’ Act, 1961 :
2.1) Admission, Enrollment, duties, privileges and Rights of Advocate
2.1.1) Who can be admitted as advocate on a State Roll
2.1.2) Certificate for Enrollment
2.1.3) Disqualification for enrollment as an Advocate
2.1.4) Duties of an Advocate
 Towards client
 Towards courts
 Towards Judges
 Towards his colleagues
2.1.5) Rights and privileges of Advocates

2.2) Bar Councils
2.2.1) State Bar Council : Establishment, organization,
2.2.2) Powers and functions of State Bar Council
2.2.3) Various committees of State Bar Council and functions thereof
 Executive Committee, Disciplinary Committee
 Welfare Committee, Enrollment Committee
2.2.4) Bar Council of India : Organization

2.2.5) Various Powers and functions of the Bar Council of India
2.3) Rules relating to dress code of an Advocate
2.4) Professional Misconduct: Meaning
2.4.1) Professional Misconduct by advocate
2.4.2) Procedure for filing complaint against lawyer for professional
misconduct
2.4.3) Punishment for Professional Misconduct
2.5) Accountancy for Lawyers : General Principles
➔ Explain detail : Powers of central government to make rules u/s 49-A under

Advocates Act. (Mar-2015)

➔ Discuss the qualifications and disqualifications for enrollment as an advocate
including the provisions of All India Bar Examination. (Mar-2014)
✔ Discuss : Certificate for Enrollment.
✔ Write notes : Qualifications – disqualifications for enrollment as an Advocate (Apr-
2013)
✔ Who is entitled to practice as an advocate ? Explain the powers and duties of an
advocate. (Mar-2015)
➔ Discuss : Rights and privileges of an advocate. (Apr-2017)
✔ Explain Rights – Privileges of an Advocate. (Apr-2013)
➔ Who is entitled to practice as an advocate ? Explain the powers and duties of an
✔ “Advocate is not only representative of his client, but also an officer of the
Court” Discuss this statement in light of the duties of advocate towards his client and
court. (Mar-2014)
 “Over and above a representative of his client, the advocate is also an officer of the
court” Discuss this statement in the light of the duties of advocate towards his
client as well as towards court. (Mar-2015)
✔ Discuss : Duties of lawyer towards colleague advocates. (Apr-2017)
✔ Explain duties of an advocate towards the client and towards the court. (Apr-2017)
✔ Explain in detail the duties of an advocate towards his client with case laws. (Apr-
2016)
 Write notes : Duties of an Advocate towards client (Apr-2013)
✔ Explain in detail the duties of an advocate towards the court with case laws. (Apr-
2016)
➔ Discuss : Organization, Powers and functions of (i) Bar Council of India and (ii)
State Bar Councils.
✔ Explain in detail the functions of the State Bar Councils and Bar Council of India.
(Mar-2015)
✔ Write explanatory note : Powers of the bar council to frame necessary rules for
upgrading the standard of legal education. (Mar-2015)
 Discuss in detail : Control of the Bar Council on Legal Education (Mar-2014)
✔ Discuss : Formation and functions of the state bar council. (Apr-2017)
✔ Discuss the functions of the State Bar Council. (Apr-2013)
➔ Discuss in detail the constitution and functions of various committees constituted
under the State Bar Council. (Mar-2014, Apr-2016)
➔ Discuss in detail : Rules relating to dress code of an advocate (Mar-2014)

✔ Write explanatory note : Rules relating to uniform of an advocate. (Mar-2015)

➔ Define and explain the professional misconduct . Which act of an advocate amount
to professional misconduct? Explain with necessary illustration and cases. (Mar-2015)
✔ Discuss : Procedure for filing complaint against lawyer for professional
misconduct, and provisions for punishment for Professional Misconduct.
✔ Explain various incidents of professional misconduct of an advocate and the
provisions for punishment for such professional misconduct under the Advocates Act
1961. (Mar-2014)
✔ Explain in detail the various incidents of professional misconduct of an advocate with
case laws. (Apr-2016)
✔ Discuss about professional misconduct of an advocate. Give illustrations and discuss
court cases on this point. (Apr-2017)
➔ Discuss in detail : Accountancy for Lawyers. (Mar-2014)
✔ Write explanatory note : Accountancy for lawyers. (Mar-2015)
MODULE-2 ANSWERS :
➔ Explain detail : Powers of central government to make rules u/s 49-A under
Advocates Act. (Mar-2015)
ANSWER :
✔ Refer :
● Sec-49A : State Bar Councils :

GO TO CONTENTS.
➔ Discuss the qualifications and disqualifications for enrollment as an advocate

including the provisions of All India Bar Examination. (Mar-2014)
✔ Discuss : Certificate for Enrollment.
✔ Write notes : Qualifications – disqualifications for enrollment as an Advocate (Apr-
2013)
✔ Who is entitled to practice as an advocate ? Explain the powers and duties of an

ANSWER :
✔ Refer :
✔ Outline :
 Section- 16 : Senior and other Advocates,
 Section-17 – State Bar Councils to maintain roll of Advocates,
 Section -22- Certificate of Enrollment,
 Section- 24: Persons who may be admitted as an Advocates on state roll,
 Section- 24A: Disqualification for Enrollment,
 Section 26A: Power to remove names from roll
✔ Sec-24 : Persons Who May Be Admitted As Advocates On A State Roll :
 (1) Subject to the provisions of this Act, and the rules made there under, a person
shall be qualified to be admitted as an advocate on a State roll, if he fulfills the
following conditions, namely :—
● (a) he is a citizen of India: Provided that subject to the other provisions
contained in this Act, a national of any other country may be admitted as an
advocate on a State roll, if citizens of India, duly qualified, are permitted to
practice law in that other country;
● (b) he has completed the age of twenty-one years;
● (c) he has obtained a degree in law—
 (i) before the 12th day of March, 1967, from any University in the territory of
India; or
 (ii) before the 15th August, 1947, from any University in any area which was
comprised before that date within India as
 (iii) after the 12th day of March, 1967, after undergoing a three year course of
study in law from any University in India which is recognized for the purposes
of this Act by the Bar Council of India; or
● (e) he fulfills such other conditions as may be specified in the rules made by the
State Bar Council under this Chapter;
● (f) he has paid, in respect of the enrolment, stamp duty, if any, chargeable
under the Indian Stamp Act, 1899 (2 of 1899), and an enrolment fee payable to
the State Bar Council of six hundred rupees and to the Bar Council of India, one
hundred and fifty rupees by way of a bank draft drawn in favour of that Council.
●
✔ Sec-24A : Disqualification for Enrolment :

 (1) No person shall be admitted as an advocate on a State roll—

● (a) if he is convicted of an offence involving moral turpitude;
● (b) if he is convicted of an offence under the provisions of the Untouchability
(Offences) Act, 1955 (22 of 1955);
● (c) if he is dismissed or removed from employment or office under the State on
any charge involving moral turpitude.
● Explanation.—In this clause, the expression “State” shall have the meaning
assigned to it under Article 12 of the Constitution
 (2) Nothing contained in sub-section (1) shall apply to a person who having been
found guilty is dealt with under the provisions of the Probation of Offenders Act,
1958 (20 of 1958).
✔ Sec-26A : Power to remove names from roll
 A State Bar Council may remove from the State roll the name of any advocate who
is dead or from whom a request has been received to that effect.
✔ Restriction On Other Employments :
 An advocate shall not personally engage in any business; but he may be a sleeping
partner in a firm doing business
● provided that in the opinion of the appropriate State Bar Council, the nature of
the business is not inconsistent with the dignity of the profession.
 An advocate may be Director or Chairman of the Board of Directors of a Company
with or without any ordinarily sitting fee,
● provided none of his duties are of an executive character.
● An advocate shall not be a Managing Director or a Secretary of any Company.
 An advocate shall not be a full-time salaried employee of any person, government,
firm, corporation or concern, so long as he continues to practice,
● and shall, on taking up any such employment, intimate the fact to the Bar
Council on whose roll his name appears and shall thereupon cease to practice as
an advocate so long as he continues in such employment.
 An advocate who has inherited, or succeeded by survivorship to a family business
may continue it, but may not personally participate in the management thereof.
● He may continue to hold a share with others in any business which has decended
to him by survivorship or inheritance or by will, provided he does not personally
participate in the management thereof.
 An advocate may review Parliamentary Bills for a remuneration, edit legal text
books at a salary, do press-vetting for newspapers, coach pupils for legal
examination, set and examine question papers;
● and subject to the rules against advertising and full-time employment, engage in

broadcasting, journalism, lecturing and teaching subjects, both legal and non-
legal.
 Nothing in these rules shall prevent an advocate from accepting after obtaining the
consent of the State Bar Council, part-time employment
● provided that in the opinion of the State Bar Council, the nature of the
employment does not conflict with his professional work and is not inconsistent
with the dignity of the profession.
● This rule shall be subject to such directives if any as may be issued by the Bar
Council India from time to time.
✔ Restriction On Taking Brief :
 (1) An advocate may, at the outset of the brief and at reasonable times prior to the
termination of the same, require the client to make a payment or payments on
account of fees, costs and disbursements to be incurred.
 (2) An advocate's fee shall be reasonable and may be established either by the
advocate himself or by agreement between the advocate and the client.
 The factors to be considered in determining the reasonableness of a fee (whether
agreed or otherwise) include the following :
● a. the time required, the novelty and difficulty of the issues involved, and the
dedication requisite to perform the legal service properly;
● b. the responsibility undertaken, with particular reference to the amount
involved;
● c. the time limitations imposed by the client or the circumstances;
● d. the nature and length of the professional relationship with the client;
● e. the experience, reputation and ability of the advocate performing the
services;
● f. in litigation matters, the fees recoverable from the other party;
● g. the likelihood that the acceptance of the particular brief will preclude the
acceptance of other briefs by the advocate.
 (3) An advocate shall not, either directly or indirectly, enter into any agreement or
stipulation qualities.
 (4) An advocate shall not share or agree to share his of her professional fees with
any person except :
● a. a practicing advocate;
● b. a retired partner or predecessor of the advocate or the dependents of
Personal representatives of a deceased partner or predecessor.
 (5) An advocate shall not enter into any professional partnership or other
professional arrangement, other than arrangements specifically allowed by law,

with any person other than an advocate.

 (6) Advocates shall not by themselves or with any other person set up, operate,
actively participate in or control any business, which offers any of the following
services :
● a. advocacy before any court, tribunal or inquiry;
● b. acting as executor;
● c. drafting any contract, including the memorandum and articles of association of
companies;
● d. drafting any will;
● e. giving legal advice;
● f. drafting legal documents other than those comprised in the above paragraphs;
● g) any other activity reserved to advocates by law or usually performed by
advocates.
 (8) An advocate should normally render a bill of costs to a client within a
reasonable time of concluding of the matter to which the bill relates.
 (9) An advocate's bill of costs should contain sufficient information to identify the
matter to which it relates and when the services were rendered.
➔ Discuss : Rights and privileges of an advocate. (Apr-2017)

✔ Explain Rights – Privileges of an Advocate. (Apr-2013)
ANSWER :
✔ Refer :
 https://www.scribd.com/document/259131943/Professional-Ethics-and-
Professional-Accounting-System
✔ Privileges of an Advocate :
 Right to practice at courts/ tribunals (including Supreme Court) through out the
territory of India.
● Sec-14 : Privilege to claim audience :
 An advocate shall practice at---
• (a) High court
• (b) Supreme court
• (c) Any other tribunals legal authority.
● Sec-30 :

 An advocate shall practice at---

• i) Throughout the territory of India.
• ii) Any tribunal including Supreme court.
• iii) Any other tribunals legal authority.
• For the purpose of claiming the audience.
 Exemption from arrest under civil process—
● Sec-135(2) of CPC :
 Where any matter is pending before a tribunal having jurisdiction therein, the
parties thereto, their pleader shall be exempt from arrest under civil process
other than process issued by such tribunal for contempt of Court,
• while going to
• or attending such tribunal for the purpose of such matter,
• and while returning from such tribunal.
 Right to fee
 Right to lien – once vakalat is filed no other can step inside the case .
 Privilege of public and political life.
 Right to have access to Judge- any time any day.
 Privilege of independence- not a servant to any one
 Words spoken in professional capacity are privileged.
 Privilege to honor the judgment in Bar Council .
 Privilege of being offered judgeship and several other offices under the status .
● As a district judge.
● Magistrate.
● Additional session judge
● Additional judge
● Session judge.
✔ Rights of an Advocate :
 Section 29-30,33: Advocates to be only recognized class of persons entitled to
practice, Right of Advocates to Practice
 Sec-29 : Advocates to be the only recognised class of persons entitled to practice
law —
● Subject to the provisions of this Act and any rules made there under,
 there shall, as from the appointed day, be only one class of persons entitled to
practice the profession of law, namely, advocates.

 Sec-30 : Right of advocates to practice.—

● Subject to provisions of this Act,
 every advocate whose name is entered in the State roll shall be entitled as of
right to practice throughout the territories to which this Act extends,—
• in all courts including the Supreme Court;
• before any tribunal or person legally authorised to take evidence; and
• before any other authority or person before whom such advocate is by or
under any law for the time being in force entitled to practice.
 Sec-32 : Power of Court to permit appearances in particular cases —
● Notwithstanding anything contained in this Chapter, any court, authority, or
person may permit any person, not enrolled as an advocate under this Act, to
appear before it or him in any particular case.
 Sec-33 : Advocates alone entitled to practice —
● Except as otherwise provided in this Act or in any other law for the time being in
force,
 no person shall, on or after the appointed day, be entitled to practice in any
court or before any authority.
✔ Disabilities of an Advocate :
 Advertising oneself and soliciting the client.
 Restriction on taking up a brief.
 Restriction on other employment.
 Advocate must not divulge clients communication.
 Advocate cannot buy or contract any share of interest in a actionable claims- sec
136 of TP act.
➔ Who is entitled to practice as an advocate ? Explain the powers and duties of an

✔ “Advocate is not only representative of his client, but also an officer of the
Court” Discuss this statement in light of the duties of advocate towards his client and
court. (Mar-2014)
 “Over and above a representative of his client, the advocate is also an officer of the
court” Discuss this statement in the light of the duties of advocate towards his
client as well as towards court. (Mar-2015)
✔ Discuss : Duties of lawyer towards colleague advocates. (Apr-2017)

✔ Explain duties of an advocate towards the client and towards the court. (Apr-2017)
✔ Explain in detail the duties of an advocate towards his client with case laws. (Apr-
2016)
 Write notes : Duties of an Advocate towards client (Apr-2013)
✔ Explain in detail the duties of an advocate towards the court with case laws. (Apr-
2016)
ANSWER :
✔ Refer :
 http://www.barcouncilofindia.org/about/professional-standards/rules-on-
professional-standards/
 https://blog.ipleaders.in/professional-ethics-law/
✔ The Bar Council of India Rules :
 Advocates, in addition to being professionals, are also officers of the courts and
play a vital role in the administration of justice.
 The Advocates Act, 1961 empowers the Bar Council of India to frame certain rules.
 Section 49(1)(c) of the Act grants general power to The Bar Council of India to
make rules relating to the standards of professional conduct and etiquette to be
observed by advocates.
 The rules formed by Bar Council of India are given in Part VI, Chapter–II of the
Bar Council of India Rules tells the duty of an Advocate,
● to the Court, to the client, to opponent, to colleagues etc.
✔ General rules of conduct :
 Preamble of Part VI, Chapter II reads and makes the following points clear :
● 1. An advocate shall, at all times, comport (behave) himself in a manner
befitting his status as an officer of the court, a privileged member of the
community and a gentleman;
● 2. He should bear in mind that what may be lawful and moral for a person who is
not a member of Bar, or for a member of the Bar in his non-professional capacity
may still be improper for an Advocate;
● 3. Without prejudice to the generality of the foregoing obligation, an Advocate
shall fearlessly uphold the interests of his client, and in his conduct conform to
the rules hereinafter mentioned both in letter and in spirit.
● 4. The rules hereinafter mentioned contain canons of conduct and etiquette
adopted as general guides; yet the specific mention there of shall not be
construed as a denial of existence of other equally imperative though not
specifically mentioned.
✔ Who comes first, court or client?

 The lawyer has divided loyalties - owing a duty to the court while at the same time
owing a duty to the client.
 On occasions, these duties will be in conflict.
 In these cases, the lawyer is obliged to fulfil his or her obligations to the court.
 This is not generally understood by clients, or by some lawyers who carry the
notion of the duty to the client too far and engage in practices that are unethical
and that go to defeat the interests of justice.
✔ Advocate’s duties towards the State and public :
 Duty to maintain the integrity of the Nation.
 Duty to fight for individual liberty and socio- economic justice.
 Duty to enshrine and uphold our Constitution.
 To protect law and fight against injustice.
 Public interest litigation.
 Help poor clients with less or no fee.
 Protect fundamental rights.
 Fight against corruption.
✔ Advocate’s duties towards the court : [Rules-1-10, Chapter II of Part VI BCI
Rules] :
 Section 1 (of chapter II of Part VI of the Bar Council of India Rules) frames
code of conduct and etiquette of Advocates and prescribes following duties of an
Advocate of the Court :
● 1. Act in a dignified manner
 During the presentation of his case and also while acting before a court, an
advocate should act in a dignified manner. He should at all times conduct
himself with self-respect. However, whenever there is proper ground for
serious complaint against a judicial officer, the advocate has a right and duty
to submit his grievance to proper authorities.
● 2. Respect the court
 An advocate should always show respect towards the court. An advocate has
to bear in mind that the dignity and respect maintained towards judicial office
is essential for the survival of a free community.
● 3. Not communicate in private
 An advocate should not communicate in private to a judge with regard to any
matter pending before the judge or any other judge. An advocate should not
influence the decision of a court in any matter using illegal or improper means
such as coercion, bribe etc.
● 4. Refuse to act in an illegal manner towards the opposition Refuse to represent

clients who insist on unfair means.

 An advocate should refuse to act in an illegal or improper manner towards the
opposing counsel or the opposing parties. He shall also use his best efforts to
restrain and prevent his client from acting in any illegal, improper manner or
use unfair practices in any mater towards the judiciary, opposing counsel or
the opposing parties.
 An advocate shall refuse to represent any client who insists on using unfair or
improper means. An advocate shall excise his own judgment in such matters.
He shall not blindly follow the instructions of the client.
 He shall be dignified in use of his language in correspondence and during
arguments in court. He shall not scandalously damage the reputation of the
parties on false grounds during pleadings. He shall not use unparliamentary
language during arguments in the court.
● 5. Appear in proper dress code
 An advocate should appear in court at all times only in the dress prescribed
under the Bar Council of India Rules and his appearance should always be
presentable.
● 6. Refuse to appear in front of relations
 An advocate should not enter appearance, act, plead or practice in any way
before a judicial authority if the sole or any member of the bench is related to
the advocate as father, grandfather, son, grandson, uncle, brother, nephew,
first cousin, husband, wife, mother, daughter, sister, aunt, niece, father-in-law,
mother-in-law, son-in-law, brother-in-law daughter-in-law or sister-in-law.
● 7. Not to wear bands or gowns in public places
 An advocate should not wear bands or gowns in public places other than in
courts, except on such ceremonial occasions and at such places as the Bar
Council of India or as the court may prescribe.
● 8. Not represent establishments of which he is a member
 An advocate should not appear in or before any judicial authority, for or
against any establishment if he is a member of the management of the
establishment. This rule does not apply to a member appearing as “amicus
curiae” or without a fee on behalf of the Bar Council, Incorporated Law Society
or a Bar Association.
● 9. Not appear in matters of pecuniary interest
 An advocate should not act or plead in any matter in which he has financial
interests. For instance, he should not act in a bankruptcy petition when he is
also a creditor of the bankrupt. He should also not accept a brief from a
company of which he is a Director.
● 10. Not stand as surety for client

 An advocate should not stand as a surety, or certify the soundness of a surety

that his client requires for the purpose of any legal proceedings.
 Learned C.L. Anand has observed that the advocates owe respect and courtesy to
the Court for the following reason :
● An Advocate is like a Judge, himself, an officer of the Court and an integral part
of the judicial machine.
 The legal profession consists of the Bar as well as the Bench and both have
common aims and ideals.
● In theory it is the King or Sovereign who presides in the Court of justice and
judge is merely the mouthpiece and representative of the Sovereign. Respect
shown to the Court is, therefore, respect shown to the sovereign whose
representative the judge is
● Not only litigants and witnesses but the general public will get their inspiration
from the example of advocates. It is necessary for the administration of justice
that Judges should have esteem of the people. If judges are not respected it
tends to impair public confidence in the administration of justice.
● It is the good manners and advocates before anything else are gentleman of the
Bar.
● Even from a purely practical standpoint, there is nothing to be gained but there
is much to lose by antagonizing the Court. Conflict with the Judge renders the
trial disagreeable to all and has generally an injurious effect on the interests of
the client.
● The usual practice in modern times is to appoint Judges from among the
members of even the Bar and even where this rule is not strictly observed the
bench is fairly representative of the Bar.
● It is necessary for dignified and honourable administration of justice that the
Court should be regarded with respect to the suitors and people.
✔ Advocate’s duties towards the client : [Rules-11-33, Chapter II of Part VI BCI
Rules] :
 11. Bound to accept briefs in any court/tribunal before he propose to practice.
● An advocate is bound to accept any brief in the courts or tribunals or before any
other authority in or before which he proposes to practice. He should levy fees
which is at par with the fees collected by fellow advocates of his standing at the
Bar and the nature of the case. Special circumstances may justify his refusal to
accept a particular brief.
 12. Not withdraw from service once he agreed to serve.
● An advocate should not ordinarily withdraw from serving a client once he has
agreed to serve them. He can withdraw only if he has a sufficient cause and by
giving reasonable and sufficient notice to the client. Upon withdrawal, he shall

refund such part of the fee that has not accrued to the client.
 13. Not appear in matters where he himself is a witness
● An advocate should not accept a brief or appear in a case in which he himself is
a witness. If he has a reason to believe that in due course of events he will be a
witness, then he should not continue to appear for the client. He should retire
from the case without jeopardizing his client’s interests.
 14. Full and frank disclosure to client
● An advocate should, at the commencement of his engagement and during the
continuance thereof, make all such full and frank disclosure to his client relating
to his connection with the parties and any interest in or about the controversy as
are likely to affect his client’s judgement in either engaging him or continuing
the engagement.
 15. Fearlessly uphold interest of the client
● It shall be the duty of an advocate fearlessly to uphold the interests of his client
by all fair and honourable means. An advocate shall do so without regard to any
unpleasant consequences to himself or any other. He shall defend a person
accused of a crime regardless of his personal opinion as to the guilt of the
accused. An advocate should always remember that his loyalty is to the law,
which requires that no man should be punished without adequate evidence.
 16. Not suppress material capable of establishing innocence of any accused
● An advocate appearing for the prosecution of a criminal trial should conduct the
proceedings in a manner that it does not lead to conviction of the innocent. An
advocate shall by no means suppress any material or evidence, which shall
prove the innocence of the accused.
 17. Not disclose the communications between client and himself
● An advocate should not by any means, directly or indirectly, disclose the
communications made by his client to him. He also shall not disclose the advice
given by him in the proceedings. However, he is liable to disclose if it violates
Section 126 of the Indian Evidence Act, 1872.
 18. An advocate should not be a party to stir up or instigate litigation .
 19. An advocate should not act on the instructions of any person other than his
client or the client’s authorised agent.
 20. Not charge depending on success of matters
● An advocate should not charge for his services depending on the success of the
matter undertaken. He also shall not charge for his services as a percentage of
the amount or property received after the success of the matter.
 21. Not receive interest in actionable claim
● An advocate should not trade or agree to receive any share or interest in any

actionable claim. Nothing in this rule shall apply to stock, shares and debentures
of government securities, or to any instruments, which are, for the time being,
by law or custom, negotiable or to any mercantile document of title to goods.
 22. Not bid or purchase property arising of legal proceeding
● An advocate should not by any means bid for, or purchase, either in his own
name or in any other name, for his own benefit or for the benefit of any other
person, any property sold in any legal proceeding in which he was in any way
professionally engaged. However, it does not prevent an advocate from bidding
for or purchasing for his client any property on behalf of the client provided the
Advocate is expressly authorised in writing in this behalf.
 22A. Not bid or transfer property arising of legal proceeding
● An advocate should not by any means bid in court auction or acquire by way of
sale, gift, exchange or any other mode of transfer (either in his own name or in
any other name for his own benefit or for the benefit of any other person), any
property which is the subject matter of any suit, appeal or other proceedings in
which he is in any way professionally engaged.
 23. Not adjust fees against personal liability
● An advocate should not adjust fee payable to him by his client against his own
personal liability to the client, which does not arise in the course of his
employment as an advocate.
 24.An advocate should not misuse or takes advantage of the confidence reposed in
him by his client.
 25.Keep proper accounts of client’s money
● An advocate should always keep accounts of the clients’ money entrusted to
him. The accounts should show the amounts received from the client or on his
behalf. The account should show along with the expenses incurred for him and
the deductions made on account of fees with respective dates and all other
necessary particulars.
 26. Divert client’s money which were received as expences, towards fees.
● An advocate should mention in his accounts whether any monies received by him
from the client are on account of fees or expenses during the course of any
proceeding or opinion. He shall not divert any part of the amounts received for
expenses as fees without written instruction from the client.
 27. Intimate the client on amounts received or given to him on behalf of his client .
● Where any amount is received or given to him on behalf of his client, the
advocate must without any delay intimate the client of the fact of such receipt.
 28. Adjust fees after termination of proceedings
● An advocate shall after the termination of proceedings, be at liberty to adjust the
fees due to him from the account of the client. The balance in the account can

be the amount paid by the client or an amount that has come in that proceeding.
Any amount left after the deduction of the fees and expenses from the account
must be returned to the client.
 29. After termination of proceedings, advocate is entitled to deduct unsettled fees
from client’s money remaining in his hand.
 30. Provide copy of accounts
● An advocate must provide the client with the copy of the client’s account
maintained by him on demand, provided that the necessary copying charge is
paid.
 31. An advocate shall not enter into arrangements whereby funds in his hands are
converted into loans.
 32. Not lend money to his client
● An advocate shall not lend money to his client for the purpose of any action or
legal proceedings in which he is engaged by such client. An advocate cannot be
held guilty for a breach of this rule, if in the course of a pending suit or
proceeding, and without any arrangement with the client in respect of the same,
the advocate feels compelled by reason of the rule of the Court to make a
payment to the Court on account of the client for the progress of the suit or
proceeding.
 33. Not advise/appear/plead for opposite parties
● An advocate who has advised a party in connection with the institution of a suit,
appeal or other matter or has drawn pleadings, or acted for a party, shall not
act, appear or plead for the opposite party in the same matter.
✔ Advocate’s duties to opponents : [Rules-34-35, Chapter II of Part VI BCI Rules] :
 34. Not to negotiate directly with opposing party
● An advocate shall not in any way communicate or negotiate or call for settlement
upon the subject matter of controversy with any party represented by an
advocate except through the advocate representing the parties.
 35. Carry out legitimate promises made to opposite party .
● An advocate shall do his best to carry out all legitimate promises made to the
opposite party even though not reduced to writing or enforceable under the rules
of the Court.
✔ Advocate’s duties towards fellow advocates : [Rules-36-44, Chapter II of Part VI
BCI Rules] :
 36. Not advertise or solicit work
● An advocate shall not solicit work or advertise in any manner. He shall not
promote himself by circulars, advertisements, touts, personal communications,
interviews other than through personal relations, furnishing or inspiring

newspaper comments or producing his photographs to be published in

connection with cases in which he has been engaged or concerned.
● An advocate’s sign-board or name-plate should be of a reasonable size. The
sign-board or name-plate or stationery should not indicate that he is or has been
President or Member of a Bar Council or of any Association or that he has been
associated with any person or organisation or with any particular cause or
matter or that he specializes in any particular type of work or that he has been a
Judge or an Advocate General.
 37. Not promote unauthorized practice of law
● An advocate shall not permit his professional services or his name to be used for
promoting or starting any unauthorized practice of law.
 38. An advocate shall not accept a fee less than the fee, which can be taxed under
rules when the client is able to pay more.
 39. An advocate shall not enter appearance in any case in which there is already a
vakalat or memo of appearance filed by an advocate, without consent of such
advocate.
● An advocate should not appear in any matter where another advocate has filed a
vakalatnama or memo for the same party. However, the advocate can take the
consent of the other advocate for appearing.
● In case, an advocate is not able to present the consent of the advocate who has
filed the matter for the same party, then he should apply to the court for
appearance. He shall in such application mention the reason as to why he could
not obtain such consent. He shall appear only after obtaining the permission of
the Court.
 <Rules 40 to 44B are related to “Bar Council of India Advocates Welfare Fund”>
 40. Every Advocate borne on the rolls of the State Bar Council shall pay to the
State Bar Council a sum of Rs. 300/- every third year
● Every Advocate borne on the rolls of the State Bar Council shall pay to the State
Bar Council a sum of Rs. 300/- every third year commencing from 1st August,
2001 along with a statement of particulars as given in the form set out at the
end of these Rules,
 41. Funds collected by bar councils, under Rule-40, shall be credited in a separate
fund known as “Bar Council of India Advocates Welfare Fund”.
 42. Bar council shall issue a show cause notice, to an advocate who fails to comply
with Rule-40.
 43. An Advocate who (i) has been convicted of an offence mentioned under Section
24A of the Advocates Act or (ii) has been declared insolvent or (iii) has taken full
time service or part time service or engages in business or any avocation
inconsistent with his practising as an advocate or (iv) has incurred any

disqualification mentioned in the Advocates Act or the rules made thereunder,

● shall send a declaration to that effect to the respective State Bar Council .
 44. An appeal shall lie to the Bar Council of India at the instance of an aggrieved
advocate within a period of thirty days from the date of the order passed under
Rules 42 and 43.
 44A & 44B. These sections deals with,
● constitution and term of (i) Bar Council of India Advocates Welfare Committee,
(ii) Bar Council of India Advocates Welfare Committee for the State,
● management of the welfare funds
● implementation of welfare schemes for advocates.
✔ Conclusion :
 The working of the code has severe limitations.
● eg although the prohibitions contained in the code are couched in mandatory
terms, with the use of “shall not”. it is not clear
 HOW/ IF violations of these rules are actionable on BIG crocodiles .
 Read the code of conduct (duties towards various stack-holders) in the context of
ground realities, and it is apparent that,
● situation has actually deteriorated since BCI Rules.
➔ Discuss : Organization, Powers and functions of (i) Bar Council of India and (ii)
State Bar Councils.
✔ Explain in detail the functions of the State Bar Councils and Bar Council of India.
(Mar-2015)
✔ Write explanatory note : Powers of the bar council to frame necessary rules for
upgrading the standard of legal education. (Mar-2015)
 Discuss in detail : Control of the Bar Council on Legal Education (Mar-2014)
✔ Discuss : Formation and functions of the state bar council. (Apr-2017)
✔ Discuss the functions of the State Bar Council. (Apr-2013)
ANSWER :
✔ Refer :
✔ Bar Council of India :
 Constitution :
● Sec-4 : State Bar Councils :

 (1) There shall be a Bar Council for the territories to which this Act extends to
be known as the Bar Council of India which shall consist of the following
members, namely :—
• (a) the Attorney-General of India, ex officio;
• (b) the Solicitor-General of India, ex officio;
• (c) one member elected by each State Bar Council from amongst its
members.
 (1A) No person shall be eligible for being elected as a member of the Bar
Council of India unless he possesses the qualifications specified
 (2) There shall be a Chairman and a Vice-Chairman of the Bar Council of India
elected by the Council in such manner as may be prescribed.
 Functions :
● Sec-7(1) : The functions of the Bar Council of India shall be—
 a) to lay down standards of professional conduct and etiquette for advocates;
 b) to lay down the procedure to be followed by its disciplinary committee and
the disciplinary committee of each State Bar Council;
 c) to safeguard the rights, privileges and interests of advocates;
 d) to promote and support law reform
 e) to exercise general supervision and control over State Bar Councils;
 f) to promote legal education and to lay down standards of such education in
consultation with the Universities in India imparting such education and the
State Bar Councils;
 Powers :
● Sec-8A :
 BCI has powers to constitute a Special Committee in the absence of elections
to any State Bar Council, to discharge the functions of the State Bar Council
until elections.
● Sec-48B(1) : Power to give directions :
 For the proper and efficient discharge of the functions of a State Bar Council or
any Committee thereof,
• the Bar Council of India may, in the exercise of its powers of general
supervision and control,
• give such directions to the State Bar Council or any committee thereof as
may appear to it to be necessary,
• and the State Bar Council or the committee shall comply with such
directions.

✔ State Bar Councils :

 Constitution :
● Sec-3 : State Bar Councils :
 (1) There shall be a Bar Council for each of to be known as the Bar Council of
that State;
 (2) A State Bar Council shall consist of the following members,namely :—
• (a) in the case of the State Bar Council of Delhi, the Additional Solicitor
General of India ex officio
• in the case of the State Bar Council of Punjab and Haryana, the Advocate-
General of each of the State of Punjab and Haryana, ex-officio;
• and in the case of any other State Bar Council, the Advocate-General of
the State, ex officio;
• (b) In the case of a State Bar Council with an electorate not exceeding five
thousand, fifteen members,
• in the case of a State Bar Council with an electorate exceeding five
thousand but not exceeding ten thousand, twenty members, and
• in the case of the State Bar Council with an electorate exceeding ten
thousand, twenty-five members,
• Provided that elected members shall be persons who have for at least ten
years been advocates on a State roll
 (3) Chairman and a Vice-Chairman of each State Bar Council to be elected by
the Council members.
 Functions :
● Sec-6(1) : The functions of a State Bar Council shall be—
 (a) to admit persons as advocates on its roll;
 (b) to prepare and maintain such roll;
 (c) to entertain and determine cases of misconduct against advocates on its
roll;
 (d) to safeguard the rights, privileges and interests of advocates on its roll;
 (dd) to promote the growth of Bar Associations for the purposes of effective
implementation of the welfare schemes
 (e) to promote and support law reform;
 (ee) to conduct seminars and organize talks on legal topics by eminent jurists
and publish journals and paper of legal interest;
 (eee) to organise legal aid to the poor in the prescribed manner;
 (f) to manage and invest the funds of the Bar Council;

 (g) to provide for the election of its members;

 Powers :
● Power To Make Rules :
 Sec-15(1) A Bar Council may make rules to carry out the purposes of this
Chapter.
• Sec-15(3) : No rules made under this section by a State Bar Council shall
have effect unless they have been approved by the Bar Council ofIndia.
 Sec-15(2) In particular, and without prejudice to the generality of the
foregoing power, such rules may provide for :
• The election of members of the Bar Council.
• Electing the chairman and the vice-chairman.
• The filling of casual vacancies in the Bar Council
• Power and duties of chairman, vice-chairman and members.
• organisation of legal aid and advice to the poor.
• the summoning and holding of meetings of the Bar Council.
• the summoning and holding of meetings.
● Power To Maintain Books And Audit :
 Sec-15(2) :
• (l) the maintenance of books of accounts and other books by the Bar
Council;
• (m) the appointment of auditors and the audit of the accounts of the Bar
Council;
• (n) the management and investment of the funds of the Bar Council.
● Power To Punish The Advocate For Misconduct :
 Sec-35 :
• (1) Where on receipt of a complaint or otherwise a State Bar Council has
reason to believe that any advocate on its roll has been guilty of
professional or other misconduct, it shall refer the case for disposal to its
disciplinary committee.
• (1A) The State Bar Council may, either of its own motion or on application
made to it by any person interested, withdraw a proceeding pending before
its disciplinary committee and direct the inquiry to be made by any other
disciplinary committee of that State Bar Council.
• (2) The disciplinary committee of a State Bar Council shall fix a date for the
hearing of the case and shall cause a notice thereof to be given to the
advocate concerned and to the Advocate-General of the State.

• (3) The disciplinary committee of a State Bar Council after giving the
advocate concerned and the Advocate-General an opportunity of being
heard, may make any of the following orders, namely:—
• (a) dismiss the complaint or, where the proceedings were initiated at the
instance of the State Bar Council, direct that the proceedings be filed;
• (b) reprimand the advocate;
• (c) suspend the advocate from practice for such period as it may deem
fit;
• (d) remove the name of the advocate from the State roll of advocates.
• (4) Where an advocate is suspended from practice under clause 3(c), he
shall, during the period of suspension, be debarred from practicing in any
court or before any authority or person in India.
• (5) Where any notice is issued to the Advocate-General undersub-section
(2), the Advocate-General may appear before the disciplinary committee of
the State Bar Council either in person or through any advocate appearing on
his behalf.
•
✔ Powers of BCI to frame rules for upgrading the standard of legal education :

➔ Discuss in detail the constitution and functions of various committees constituted

under the State Bar Council. (Mar-2014, Apr-2016)
ANSWER :
✔ Refer :
%20Naina%20Jain.pdf
✔ <Read “What is misconduct?” elsewhere in this doc>
✔ State Bar Council and its Disciplinary Committee :
 Organization :
● Section 35 of the Advocates Act makes it clear that on receipt of a complaint or
otherwise a State Bar Council has reason to believe that any advocate on its role
has been guilty of professional or other misconduct, it shall refer the case for its
disposal to disciplinary committee.
● It is one of the functions of the State Bar Council to entertain and determine the
cases of misconduct against the advocate on its roll.

● Section 9 of the Act requires the Bar Council to constitute one or more
disciplinary committees.
● Each of such committee is required to consist of three persons of whom two shall
be persons elected by the council from amongst its members and other shall be
a person co-opted by the council from amongst its member advocates who
possess the qualifications specified in the provisions to Section 3(2) and who are
not members of council and the senior most advocate amongst the members of
the disciplinary committee shall be the chairman thereof.
 Procedure :
● Section 35 provides that after giving the advocate concerned and the Advocate-
General an opportunity of being heard, the disciplinary committee of a State Bar
Council may make any of the following orders :
 1. dismiss the complaint or where the proceedings were initiated at the
instance of the State Bar Council, direct that the proceedings be filed;
 2. reprimand the advocate;
 3. suspend the advocate from practice for such period as it may deem fit;
 4. remove the name of the advocate from the State roll of advocates.
● It is that when the advocate is suspended from the practice under the aforesaid
clause (3), he shall, during the period of suspension, be debarred from practicing
in any Court or before any authority or person in India.
✔ Bar Council Of India and its Disciplinary Committee :
 Organization :
● Section 36 of the Advocates Act empowers the Bar Council of India to refer, in
certain circumstances, the case for disposal to its disciplinary committee.
● Section 9 provides that the a Bar Council shall constitute one or more
disciplinary committees,
 each of which shall consist of three persons of whom two shall be persons
elected by the Council from amongst its members and the other shall be a
person elected by the council amongst advocates who possess the
qualifications specified in the provision to Section 3(2) and who are not
members of the council
 and the senior most advocate amongst the members of disciplinary committee
shall be the chairman thereof.
 Powers :
● Section 42 deals with the powers of the disciplinary committee of a Bar Council.
● The provisions of Section 42 have already been stated in context of powers of
the disciplinary committee of the State Bar Council.
● Section 42-A makes it clear that the provisions of Section 42 shall, so far as

may be, apply in relation to the disciplinary committee of the Bar Council of
India.
● Section 43 makes it clear that the disciplinary committee of the Bar Council of
India may make such order as to the costs of any proceedings before it as it may
drew fit and any such order shall be executable as if it were an order of the
Supreme Court.
✔ <For cases of misconduct read Module-4>
➔ Discuss in detail : Rules relating to dress code of an advocate (Mar-2014)

✔ Write explanatory note : Rules relating to uniform of an advocate. (Mar-2015)
ANSWER :
✔ Refer :
 https://www.quora.com/Why-do-Indian-lawyers-have-to-wear-a-white-band-
instead-of-a-tie
 http://indianlawwatch.com/practice/knowing-dress-code-of-lawyers/
➔ Define and explain the professional misconduct. Which act of an advocate amount
to professional misconduct? Explain with necessary illustration and cases. (Mar-2015)
✔ Discuss : Procedure for filing complaint against lawyer for professional
misconduct, and provisions for punishment for Professional Misconduct.
✔ Explain various incidents of professional misconduct of an advocate and the
provisions for punishment for such professional misconduct under the Advocates Act
1961. (Mar-2014)
✔ Explain in detail the various incidents of professional misconduct of an advocate with
case laws. (Apr-2016)
✔ Discuss about professional misconduct of an advocate. Give illustrations and discuss
court cases on this point. (Apr-2017)
ANSWER :
✔ Refer :
%20Naina%20Jain.pdf
✔ Outline :
 Section 35-36,37-38 : Punishment of Advocates for misconduct, Disciplinary

Powers of Bar Council of India, Appeal to Bar Council of India, Appeal to the
Supreme Court
✔ Meaning and ambit of professional misconduct :
 Section 35 of the Advocates Act provides in respect of punishment for professional
or other misconduct.
 It provides that where on receipt of the complaint or otherwise, a State Bar Council
has reason to believe that any advocate on its roll, has been guilty of professional
or other misconduct, it shall refer the case for disposal to its disciplinary
committee.
 Section 35 empowers the disciplinary committee to reprimand the advocate and
suspend the advocate from practice for such period as it may deem fit or remove
the name of the advocate from the State roll of advocates.
 However, an appeal against the order of the disciplinary committee may be
preferred, to the Bar council of India and thereafter to the Supreme Court against
the order of the Bar Council of India.
 Section 35 of the Advocates Act specifically mentions that an Advocate can be
punished not only for professional misconduct but also other misconduct.
 What is misconduct?
● The term ‘misconduct’ has not been defined in the Advocates Act, 1961.
● In case of Ram Singh the Supreme Court has explained the term “misconduct” in
connection with the misconduct of the personnel in the Police Department but
may be applied in determining whether or not conduct implies to misconduct.
The Supreme Court has observed that
 the term ‘misconduct’ may involve moral turpitude, it must be improper or
wrong behavior, willful in character forbidden act, a transgression of
established or definite rule of action or code of conduct, but not mere error of
judgment, carelessness or negligence in performance of duty.
● According to Black’s Dictionary the term “misconduct” is defined as
 a transgression of some established and definite rule of action, a forbidden act,
a dereliction of duty, unlawful behavior.
● In Nortanmal Chauaisia v. M. R. Murli, the Supreme Court has held that
 misconduct has not been defined in the Advocates Act, 1961.
 Misconduct, inter alia, envisages breach of discipline, although it would not be
possible to lay down exhaustively as to what would constitute misconduct and
indiscipline, which, however is wide enough to include wrongful omission or
commission, whether done or omitted to be done intentionally or
unintentionally.
 It means improper behavior, intentional wrong doing or deliberate violation of

a rule of standard of behavior’.

● In the matter of P1 (AIR 1963 SC 1313), the Court has held that
 an advocate may be punished not only when he is guilty of professional
misconduct but also if he is guilty of other misconduct which may not be
directly concerned with the professional activity as such, may nevertheless be
of such dishonourable or infamous character as to invite the punishment due
to professional misconduct.
➔ Discuss in detail : Accountancy for Lawyers. (Mar-2014)

✔ Write explanatory note : Accountancy for lawyers. (Mar-2015)
ANSWER :
✔ Refer :
 V Good for people without commerce background --->
http://lawsofland.blogspot.in/search/label/Accountancy%20for%20Lawyers
✔ An advocate should normally render a bill of costs to a client within a reasonable time
of concluding of the matter to which the bill relates.
✔ An advocate's bill of costs should contain sufficient information to identify the matter
to which it relates and when the services were rendered.
✔ BCI Rules : Part-VI Chapter II : Duty to the Client :
 Sec-25 :
● An advocate should keep accounts of the client’s money entrusted to him, and
the accounts should show the amounts received from the client or on his behalf,
the expenses incurred for him and the debits made on account of fees with
respective dates and all other necessary particulars.
 Sec-26 :
● Where moneys are received from or on account of a client, the entries in the
accounts should contain a reference as to whether the amounts have been
received for fees or expenses, and during the course of the proceedings, no
advocate shall, except with the consent in writing of the client concerned, be at
liberty to divert any portion of the expenses towards fees.
 Sec-27 :
● Where any amount is received or given to him on behalf of his client, the fact of
such receipt must be intimated to the client, as early as possible.

 Sec-28 :
● After the termination of the proceedings, the advocate shall be at liberty to
appropriate towards the settled fee due to him, any sum remaining unexpended
out of the amount paid or sent to him for expenses, or any amount that has
come into his hands in that proceeding.
 Sec-29 :
● Where the fee has been left unsettled, the advocate shall be entitled to deduct,
out of any moneys of the client remaining in his hands, at the termination of the
proceeding for which he had been engaged, the fee payable under the rules of
the Court, in force for the time being, or by then settled and the balance, if any,
shall be refunded to the client.
 Sec-30 :
● A copy of the client’s account shall be furnished to him on demand provided the
necessary copying charge is paid.
 Sec-31 :
● An advocate shall not enter into arrangements whereby funds in his hands are
converted into loans.
 Sec-32 :
● An advocate shall not lend money to his client for the purpose or any action or
legal proceedings in which he engaged by such client.
● Explanation – An advocate shall not be held guilty for a breach of this rule, if in
the course a pending suit or proceeding, and without any arrangement with the
client in respect of the same, the advocate feels compelled by reason of the rule
of the court to make a payment to the court on account of the client for the
progress of the suit or proceeding.
✔ Rules for Advocate on Record :
 1. Every advocate-on·record shall keep such books of account as may be necessary
to show and distinguish in connection with his practice as an advocate-on-record-
● (i) moneys received from or on account of and the moneys paid to or on account
of each of his clients; and
● (ii) the moneys received and the moneys paid on his own account.
 2. Every advocate-on-record shall, before taxation of the Bill of Costs, file with the
Taxing Officer a Certificate showing the amount of fee paid to him or agreed to be
paid to him by his client.

Module-3 :
3) Contempt of Court and practice :
3.1) Contempt of Courts Act, 1971 :
3.1.1) Contempt of Court : meaning and nature
3.1.2) Distinction between Contempt of Court and Professional Misconduct
3.2) Categories of contempt under the Act : Civil and Criminal Contempt -
Distinction
3.2.1) Civil Contempt : Essentials
3.2.2) Criminal Contempt : Essentials
3.2.3) Contempt of Court within the court and outside the court
3.2.4) Defenses available to the condemner :
3.2.5) Defences in Civil Contempt and in Criminal Contempt
3.2.6) Remedies against Punishment in contempt
3.2.7) Penalty provisions for the Contempt of Court under the Contempt of
Courts Act
3.3) Contempt jurisdiction of High Courts and the Supreme Court under the
Constitution of India
3.4) Contempt jurisdiction of the Subordinate Courts
➔ What is contempt of court? Explain the types of contempt of court under the
Contempt of Courts Act and under the constitutional law of India. What are the
remedies available against it? (Mar-2015)
✔ What is contempt of Court? Discuss about its types and the remedies available in
case of contempt under the Contempt of Courts Act, 1971. (Mar-2014)
✔ Punishments in case of Contempt of Court.
✔ Discuss meaning, kinds of contempt of court and defences available. (Apr-2013)
✔ Explain in detail the meaning of contempt of court and state its kinds with case laws.
(Apr-2016)
✔ Discuss the meaning of “Contempt of Court” types and defences available. (Apr-2017)
✔ Distinguish : Contempt of Court and Professional Misconduct.
✔ Distinguish : Civil and Criminal Contempt and defences available in both cases.

 Discuss meaning, kinds of contempt of court and defences available. (Apr-2013)

✔ Distinguish : Contempt of Court within the court and outside the court.
✔ Discuss in detail : Contempt Jurisdiction of the Supreme Court and Highcourts
under the Constitution of India (Mar-2014)
✔ Discuss : Contempt jurisdiction of the Subordinate Courts.
MODULE-3 ANSWERS :
➔ What is contempt of court? Explain the types of contempt of court under the
Contempt of Courts Act and under the constitutional law of India. What are the
remedies available against it? (Mar-2015)
✔ What is contempt of Court? Discuss about its types and the remedies available in
case of contempt under the Contempt of Courts Act, 1971. (Mar-2014)
✔ Punishments in case of Contempt of Court.
✔ Discuss meaning, kinds of contempt of court and defences available. (Apr-2013)
✔ Explain in detail the meaning of contempt of court and state its kinds with case laws.
(Apr-2016)
✔ Discuss the meaning of “Contempt of Court” types and defences available. (Apr-2017)
✔ Distinguish : Contempt of Court and Professional Misconduct.
✔ Distinguish : Civil and Criminal Contempt and defences available in both cases.
 Discuss meaning, kinds of contempt of court and defences available. (Apr-2013)
✔ Distinguish : Contempt of Court within the court and outside the court.
✔ Discuss in detail : Contempt Jurisdiction of the Supreme Court and Highcourts
under the Constitution of India (Mar-2014)
✔ Discuss : Contempt jurisdiction of the Subordinate Courts.
ANSWER :
✔ Refer :
 http://shodhganga.inflibnet.ac.in/bitstream/10603/3570/12/12_chapter%204.pdf
 https://blog.ipleaders.in/contempt-of-courts/
 http://www.legalserviceindia.com/article/l255-Contempt-of-Court.html
✔ Outline :

 What is “Contempt of court”? section 2(a),

 Evolution of the law of contempt of court
 Need/ object for legal provision for Contempt of Court :
 Legal provisions for Contempt of Court :
● Constitutional provisions :
● Power of the High Court to punish contempt of subordinate courts and try
offences committed outside jurisdiction,
● Power of High Court to try offences committed or offenders found outside
jurisdiction
● Contempt of Court Act 1971 :
 Nature of the law of contempt of court
 Scope of Contempt of Court proceedings
 Types of Contempt of Court :
● Civil Contempt Section 2(b)
● Criminal Contempt Section 2(c)
 Mens Rea Principle in Contempt Cases
● Third Party contempt
● Distinction Between Civil and Criminal Contempt
 Contempt by State Government
 Contempt by Judges & Magistrates- Section 16
 Remedies available in case of contempt of court
 Procedure to be followed
 Summary nature of Contempt of Court proceedings
 Defences available to alleged contemner
 Punishment for Contempt - Sections 10 to 13
● Contempt not punishable in certain cases,
 Purging of contempt - http://bit.ly/2HS8iEi
 Case-laws :
● SC Bar Association v. UOI, AIR 1998 SC 1895
● Smt Pushpaben & others v. Narandas V Badani, AIR 1979 SC 1536
● Daroga Singh v. B K Pandey, (2004) 5 SCC 26
● Pravin C. Shah v. K.A. Mohd. Ali, (2001) 8 SCC 650 http://bit.ly/2HS8iEi
✔ What is “Contempt of court”?
 In general one can say that, the essence of “contempt of court” is

● action or inaction
● amounting to an interference with or obstruction to or having a tendency to
interfere with or to obstruct
● the due Administration of Justice.
 Oswald defines contempt to be constituted by,
● any conduct that tends to bring the authority and administration of Law into
disrespect or disregard or to interfere with or prejudice parties or their witnesses
during litigation.
 Halsbury defines contempt as,
● consisting of words spoken or written which obstruct or tend to obstruct the
administration of justice.
 Black Odgers enunciates that,
● it is contempt of court to publish words which tend to bring the administration of
Justice into contempt, to prejudice the fair trial of any cause or matter which is
the subject of Civil or Criminal proceeding or in anyway to obstruct the cause of
Justice.
 In India :
● Sec-2(a) of the Contempt of Courts Act of 1971 defines :
 Contempt of court means civil contempt or criminal contempt.
● Sec-2(b) : Civil contempt means,
 wilful disobedience to any judgment, decree, direction, order, writ or other
process of a court,
 or wilful breach of an undertaking given to a court.
● Sec-2(c) : Criminal contempt means,
 the publication (whether by words, spoken or written, or by signs, or by visible
representation, or otherwise) of any matter or the doing of any other act
whatsoever which:
• (i) Scandalises or tends to scandalise, or lowers or tends to lower the
authority of any court, or
• (ii) Prejudices, or interferes or tends to interfere with the due course of any
judicial proceeding, or
• (iii) Interferes or tends to interfere with, or obstructs or tends to obstruct,
the administration of justice in any other manner.
✔ Evolution of the law of contempt of court :
 Origin of the concept “contempt of court” :
● The origin of contempt jurisdiction traces back its history to the Monarchic Rule

of England where contempt was an offence more or less direct against the
Sovereign and its authority.
● The judges derived their authority from the Monarch, and if disrespect was
shown to a judge it followed that the Monarch had not been respected, a serious
matter calling for action in law.
 Evolution of the Indian law of contempt of court :
● 1926 : The Contempt Of Courts Act, 1926 :
 In India there was no statutory law of contempt till 1926.
 Before 1926, the law of contempt in India followed in entirely, British
corresponding law which regulated superior courts of record.
 The High Courts in India which were courts of record often adopted British
legal principles enunciated in regard to contempt law.
 The Contempt of Courts Act, 1926 was enacted to define and limit the powers
of certain courts in punishing contempt of courts.
● 1937 : The Contempt of Courts Act, 1926, was subsequently amended in 1937.
● 1952 : The Contempt of Courts Act, 1952, repealed the Contempt of Courts Act,
1926 and consolidated the provisions relating to the law of contempt so as to
make it applicable to the High Courts.
 No new powers were vested in the Courts. It merely recognised, defined and
limited the powers that already existed.
● Limitations of 1952 law :
 The scope of the Contempt of Courts Act, 1952 Act was not wide enough to
define as to what constitutes contempt of the Court,
• apart from many other flaws in provisions of the Act.
 Evaluating the law relating to contempt, the doyen of the Indian Bar Mr Fali
Nariman in his speech said,
• the offence of scandalizing the court is a mercurial jurisdiction in which
there are no rules and no constraints.
• There should be certainty in the law, and not uncertainty.
• After all, the citizen should know where he or she stands.
• There are two reasons for the uncertainty in the law of contempt of court.
• there was no definition of “contempt‟
• there was no definition of what constitutes scandalizing the court or what
prejudices, or interferes with the course of justice.
• What could be regarded as scandalous earlier may not be regarded as
scandalous today and,
• what could earlier be regarded as prejudicing or interfering with the

course of justice may not be so regarded today

 The jurisdiction to punish for contempt touches upon two important
fundamental rights of the citizens, namely,
• the right to personal liberty and
• the right to freedom of expression.
 It was, therefore, considered advisable to have the entire law on the subject
scrutinized by a special committee.
● 1961 : In pursuance of this, a committee was set up in 1961 under the
chairmanship of the Shri H N Sanyal, the then additional solicitor general.
 The committee made a comprehensive examination of the law and problems
relating to contempt of court in the light of the position obtaining in our own
country and various foreign countries.
 The recommendations, which the committee made, took note of the
importance given to freedom of speech in the Constitution and of the need for
safeguarding the status and dignity of courts and interests of administration of
justice.
● 1963 : The recommendations of the committee were generally accepted by the
government after considering the view expressed on those recommendations by
the state governments, union territory administrations, the Supreme Court, the
high courts and the judicial commissioners.
● 1971 : The Contempt of Court Act, 1971.
 In the case of C.K. Daphtary v. O.P. Gupta (1971 1 SCC 626),
● the respondent published and circulated a booklet in public purporting to ascribe
bias and dishonesty to Justice Shah while acting in his judicial capacity.
● Mr C.K. Daphtary, along with others, filed a petition alleging that the booklet has
scandalised the judges who participated in the decision and brought into
contempt the authority of the highest court of the land and thus weakened the
confidence of the people in it.
● The Supreme Court, in examining the scope of the contempt of court, laid down
that,
 the test in each case is whether the impugned publication is a mere
defamatory attack on the judge or
• whether it will interfere with the due course of justice or the proper
administration of law by the court.
 Lowering the dignity of the court or shaking confidence of the public in it is
undoubtedly reprehensible.
● But if general remarks impugning the independence of a court are made, such
remarks can tend to interfere with or obstruct the administration only indirectly

and remotely.
● In such cases courts do not exercise their extraordinary powers to punish
offender.
✔ Need/ object for legal provision for Contempt of Court :
 The judiciary is the guardian of the Rule of Law.
 An independent or impartial Judiciary is the sine qua non of a healthy society.
 It is the last resort for the common people of a country, as they repose their
ultimate faith in it to get justice.
 Therefore, it is essential for the Judiciary to be protected from all sorts of evil likely
to affect the administration of justice.
 For better protection and preservation of prestige and dignity of the courts, the law
on contempt of court has evolved.
 Object :
● There can be no doubt that the purpose of contempt jurisdiction is,
 to uphold the majesty and dignity of law courts, and
 to ensure that their image in the minds of the public is no way whittled down .
● If by contumacious words or writings the common man is led to lose his respect
for the judge acting in the discharge of his judicial duties,
 then the confidence reposed in the courts is rudely shaken and the offender
needs to be punished.
 In essence of law of contempt is the protector of the seat of justice more than
the person sitting of the judge sitting in that seat.
● The object of the discipline enforced by the court in case of contempt of court is
not to vindicate the dignity of the court or of the judge,
 but to prevent undue interference with the administration of justice .
● The House of Lords in Attorney General v. Times NewspapersLtd, has rightly
enumerated threefold purposes of the law of contempt :
 (i) to enable the parties to litigation and the witnesses to come before the
Court without outside interference;
 (ii) to enable the Courts to try cases without such interference; and
 (iii) to ensure that authority and administration of law are maintained .
● In the case of the State v. Rajeshwari Prasad, the Supreme Court held that,
 the aim of the law of contempt was to protect those whose duty it was to
administer justice between man and man by true and proper interpretation of
law,
• from insults, annoyance and even obstruction.

 Persons who seek justice and persons who help in the administration of justice
are all entitled to be protected.
✔ Legal provisions for Contempt of Court :
 Constitutional provisions :
● Art-129 and Art-215 of the Constitution of India empowers the Supreme Court
and High Court respectively to punish people for their respective contempt.
 Note : power to punish for contempt of court under Art-129 and Art-215 is not
subject to Art-19(1)(a).
 Contempt of Court Act 1971 :
● Sec-10 of The Contempt of Courts Act of 1971 defines the power of the High
Court to punish contempt of its subordinate courts.
 Power of the High Court to punish contempt of subordinate courts and try offences
committed outside jurisdiction :
● Section 10 : Power of High Court to punish contempts of subordinate Courts -
 Every High Court shall have and exercise the same jurisdiction, powers and
authority, in accordance with the same procedure and practice, in respect of
contempts of Courts subordinate to it and it has and exercise in respect of
contempts of itself.
 Provided that no High Court shall take cognisance of a contempt alleged to
have been committed in respect of a Court subordinate to it where such
contempt is an offence punishable under the Indian Penal Code (45 of 1860).
● Section 10 of the Act authorises the High Court to punish contempts of
subordinate Courts in accordance with the same procedure and practice as it has
the power to punish for its contempt.
 However, the proviso takes away the power of the High Court to punish for
contempt in respect of the subordinate Courts where such contempt is an
offence punishable under the Indian Penal Code, 1860.
● The phrase 'Courts subordinate to it' used is wide enough to include all Courts
which are judicially subordinate to the High Court even though administrative
control over them under Article 235 of the Constitution does not vest in the High
Court.
● In E. Chandra v. Member Secretary, MMDA, It is further submitted that,
 the power of committal for contempt must be wielded with the greatest
reluctance and the greatest anxiety and only with the object of seeing that the
dignity and authority of the Court are not imposed.
● The Apex Court in The Emperor v. J.P. Swadhin, held that
 If the act is punishable under the Indian Penal Code, 1860, as contempt of
Court then that act cannot form the subject of contempt proceedings by the

High Court.
 Power of High Court to try offences committed or offenders found outside
jurisdiction :
● Section 11 :
 A High Court shall have jurisdiction to inquire into or try a contempt of itself or
of any Court subordinate to it,
• whether the contempt is alleged to have been committed within or outside
the local limits of its jurisdiction, and
• whether the person alleged to be guilty of contempt is within or outside
such limits.
● Section 11 provids for the extra-territorial jurisdiction of High Courts to commit a
person for contempt even though the alleged act was committed outside its
territorial jurisdiction of the concerned High Court.
● This section expands the ambit of the authority beyond what was till then
considered to be possible but it does not confer a new jurisdiction.
● In Sukhdev Singh v. Teja Singh, the Apex Court held that,
 it merely widens the scope of existing jurisdiction of a very special kind.
✔ Nature of the law of contempt of court :
 Contempt proceedings are not like proceedings for the prosecution of criminals.
 It is a matter between the court and the contemnor and is a quasi-judicial
proceeding.
 The proceedings initiated therein are not tried as an adversarial litigation .
 Any person or any subordinate court, who brings the matter of contempt into
consideration, before the higher court, is only an informant and is not given
the status of a litigant.
 Article 129 and 215 of the Constitution of India, do not confer any new jurisdiction
or doesn’t vest any new powers on the Supreme Court or the High Courts.
● They merely recognize a pre-existing situation that the Supreme Court and the
High Courts are the ‘courts of record’ by virtue of which they have inherent
jurisdiction to punish for their contempt.
 Contempt of court proceedings are not governed by any special or specific rules,
and such is to be governed by the principle of natural justice.
 The jurisdiction which is vested by these the two articles (Article 129 and Article
215) is inalienable, and thus cannot be taken away from the courts. However, this
is not an absolute ban, and such powers can be taken away only by a legislative
enactment in Constitution.
 The provisions of the Contempt of Courts Act, 1971, are not in derogation but in

addition to these two articles, and thus the Provisions of the Act cannot be used for
limiting or regulating the exercise of jurisdiction contemplated under Art-129 & Art-
215.
✔ Scope of Contempt of Court proceedings :
 The title of the Act often misleads people to think that this piece of legislation
tends to protect the court and the fraternity of lawyers and judges, thereby
keeping them above law.
● Hence, the preamble of the Contempt of Court Act 1971 is as follows :
 “An Act to define and limit the powers of certain Courts in punishing contempt
of Courts and to regulate their procedure in relation thereto.”
 The punishment under the contempt law is inflicted not for the purpose of
protecting either the court as whole or individual judges from a repetition of the
attack.
 The power and jurisdiction of the courts under this act falls under extra-ordinary
jurisdiction alone and this acts as a check on the judiciary.
 Where the order of the High Court had become final after being upheld by the
Supreme Court,
● the Supreme Court can NOT modify the said order in its contempt jurisdiction. It
cannot test correctness or otherwise of the order or give additional directions or
remove any direction.
● The Supreme Court is ONLY concerned with the question that, whether the
earlier decision which has received its finality has been complied with or not.
✔ Types of Contempt of Court :
 According to Lord Hardwick, there is a three-fold classification of Contempt :
● 1. Scandalizing the court itself.
● 2. Abusing parties who are concerned in the cause, in the presence of court.
● 3. Prejudicing the public before the cause is heard.
 However in India contempt of court is of two types : (i) civil, and (ii) criminal .
 Civil Contempt Section 2(b) :
● Under Sec-2(b) of the Contempt of Courts Act of 1971, civil contempt has been
defined as,
 wilful disobedience to any judgment, decree, direction, order, writ or other
process of a court,
 or wilful breach of an undertaking given to a court.
● Essential elements generally needed to establish a contempt :
 1. the making of a valid court order,

 2. knowledge of the order by respondent,

 3. ability of the respondent to render compliance, and
 4. wilful disobedience of the order.
 Criminal Contempt Section 2(c) :
● Under Sec-2(c) of the Contempt of Courts Act of 1971, criminal contempt has
been defined as,
 the publication (whether by words, spoken or written, or by signs, or by visible
representation, or otherwise) of any matter or the doing of any other act
whatsoever which:
• (i) Scandalises or tends to scandalise, or lowers or tends to lower the
authority of any court, or
• (ii) Prejudices, or interferes or tends to interfere with the due course of any
judicial proceeding, or
• (iii) Interferes or tends to interfere with, or obstructs or tends to obstruct,
the administration of justice in any other manner.
● In the 1974 case of Baradakant v. Registrar, Orissa H.C., the Supreme Court,
held that,
 the defamatory criticism of a Judge functioning as a judge even in purely
administrative or non-adjudicatory matters amounted to criminal contempt.
 The imputations contained in the letters have grossly vilified the High Court
and has substantially interfered with the administration of justice and
therefore, the appellant was rightly convicted of the offence of the criminal
contempt.
 Third Party contempt :
● A third party to the proceeding may be guilty of contempt of court IF they have
a part to play in the offence.
● In LED Builders Pty Ltd v Eagles Homes Pty Ltd ([1999] FCA 1213) Lindgren J
stated :
 It is not necessary to show that a person who has aided and abetted a
contempt of court was served with the order breached.
 It is necessary to show only that the person sought to be made liable knew of
the order."
 Distinction Between Civil and Criminal Contempt :
● After careful consideration of the meaning of civil contempt and criminal
contempt it becomes clear that both are differ from each other in different
counts.
● The Calcutta High Court in Legal Remembrancer v. Motilal Ghose, has explained

the difference between civil contempt and criminal contempt :

 The distinction between civil and criminal contempt is of fundamental
character.
 While criminal contempt offends the public and consists of conduct that offends
the majesty of law and undermines the dignity of the Court,
• civil contempt consists in failure to obey the order, decree, direction,
judgment, writ or process issued by courts for the benefit of the opposing
party.
● The Allahabad High Court in Vijay Pratap Singh v. Ajit Prasad, has held that,
 a distinction between a civil contempt and criminal contempt seems to be that,
• in a civil contempt the purpose is to force the contemner to do something
for the benefits of the other party,
• while in criminal contempt the proceeding is by way of punishment for a
wrong not so much to a party or individual but to the public at large by
interfering with the normal process of law diminishing the majesty of the
court.
● However, if a civil contempt is enforced by fine or imprisonment of the
contemner for nonperformance of his obligation imposed by a court, it merges
into a criminal contempt and becomes a criminal matter at the end.
 Such contempt, being neither purely civil nor purely criminal in nature, is
sometimes called suigeneris.
● It is submitted that the dividing line between civil and criminal contempt is
sometimes very thin and may became indistinct.
 Where the contempt consists in mere failure to comply with or carry on an
order of a court made for the benefit of a private party, it is plainly civil
contempt.
 If, however, the contemner adds defiance of the court to disobedience of
the order and conducts himself in a manner which amounts to abstraction or
interference with the courts of justice, the contempt committed by him is of a
mixed character.
✔ Contempt by State Government :

✔ Contempt by Judges & Magistrates :
 Section 16 of the Contempt of Courts Act, 1971, deals with contempt by judge,
magistrate or other person acting judicially.
 It is not only that an outsider or a third person is to be held liable for contempt of
court.
 The Presiding Judge of the Court can also be held liable for contempt under the

contempt law.
 To establish contempt it would depend upon the facts and circumstances of each
case.
 In B. N. Choudhary v. S.M. Singh, the Court held that,
● steps in contempt should only be taken when there is real and grave danger
which may result in the obstruction of justice or scandalising the court.
 In B.N. Choudhary v. S.M. Singh, the Apex Court held that,
● the magistrates should be conscious of their heavy responsibilities and should
not act in a manner prejudicial to the litigants.
✔ Remedies available in case of contempt of court :
 Remedy for contempt is divisible into two categories, namely,
● initiated suo motu by the court (it is the court itself which must initiate by
issuing a notice) and
● instituted otherwise than on the court’s own motion (initiation can only be by
a party filing an application).
 Any individual can recourse to any of the following three options :
● He may place the information in his possession before the court and request the
court to take action.
● He may place the information before the Attorney General and request him to
take action.
● He may place the information before the Attorney General and request him to
move the court.
 The direction to place the petition before the Chief Justice on administrative side
and not on the judicial side is applicable only to contempt actions intended to be
taken by the court sou motu.
✔ Procedure to be followed :
 The procedure provided by the Contempt of Court Act, 1971 has to be followed in
the exercise of the jurisdiction under article 129 and 215 of the Indian Constitution.
 Contempt of court proceedings are not governed by any special or specific rules,
and such is to be governed by the principle of natural justice.
 Section 17 of the Act, 1971, deals with procedure after cognizance (Sec-15).
 The alleged contemnor is entitled to notice and opportunity of being heard before
holding him guilty of contempt and passing an order of the sentence.
● The notice shall be accompanied -
 in the case of proceedings commenced on a motion, by a copy of the motion
as also copies of the affidavits, if any, on which such motion is founded
 in case of proceedings commenced on a reference by a subordinate Court, by a

copy of the reference.

 The court may if it is satisfied that a person charged under the Act is likely to
abscond or keep out of the way avoiding service of the notice,
● order the attachment of his property of such value or amount as it may deem
reasonable.
✔ Summary nature of Contempt of Court proceedings :
 The criminal contempt of court undoubtedly amounts to an offence but it is an
offence sui generis
● and hence for such offence, the procedure adopted both under the common law
and the statute law even in this country has always been summary.
 This procedure does not offend against the principle of natural justice,
● because the prosecution is not aimed at protecting the Judge personally but
protecting the administration of justice.
 The threat of immediate punishment is the most effective deterrent against
misconduct.
 However, the fact that the process is summary does not mean that the procedural
requirement, viz., that an opportunity of meeting the charge, is denied to the
contemner.
 The degree of precision with which the charge may be stated depends upon the
circumstances.
 So long as the gist of the specific allegations is made clear or otherwise the
contemner is aware of the specific allegation, it is not always necessary to
formulate the charge in a specific allegation.
 The consensus of opinion among the judiciary and the jurists alike is that,
● despite the objection that the Judge deals with the contempt himself and the
contemner has little opportunity to defend himself, there is a residue of cases
where not only it is unjustifiable to punish on the spot but it is the only realistic
way of dealing with certain offenders.
✔ Defences available to alleged contemner :
 Maintainability of Contempt Proceedings :
● For a contempt petition to be maintainable, the only condition that needs to be
followed is that,
 it must comply with the mandatory requirements of Sec-15 of the Contempt
of Courts Act, 1971.
 Limitation :
● Sec-20 of the Contempt of Courts Act of 1971 talks about the limitation period
within which the actions have to be taken.

● It enumerates that the limitation period is a period of one year from the date on
which the contempt is alleged to have been committed.
 Since a proceeding in contempt is a quasi-judicial proceeding, the precise nature of
contempt must be set out in the motion
 Section 3 : Innocent publication and distribution of matter not contempt :
● According to Section 3 of the Act, which deals with certain exceptions,
 a person shall not be guilty of contempt of court on the ground that he has
published any mater which interferes or tends to interfere with, or obstructs or
tends to obstruct, the course of justice in connection with any civil or criminal
proceeding pending at the time of publication,
• if at the time he had no reasonable grounds for believing that the
proceeding was pending.
● The Court in M. R. Prashar v. Dr Farooq Abdullah, held that
 the liberty of free expression is not to be compounded with a licence to make
unfounded allegations of corruption against judiciary. The abuse of the liberty
of free speech and expression carries the case nearer the law of contempt
 Section 4 : Fair and accurate report of judicial proceeding not contempt :
● According to the Contempt of Courts Act, 1971 a person shall not be guilty of
contempt of court for publishing a fair and accurate report of the judicial
proceeding or any stage thereof.
● The words “judicial proceeding” means day-to-day proceedings of the court.
● In Subhash Chand v. S.M. Aggarwal, the Court held that
 the media reports must represent a fair and accurate report of judicial
proceeding and not be a one-sided picture.
 It is very essential that while reproducing the court proceedings, no words may
be added, omitted or substituted.
 Section 5 : Fair criticism of judicial act not contempt :
● A person shall not be guilty of contempt of Court for publishing any fair comment
on the merits of any case which has been heard and finally decided.
● The nature and circumstances under which allegations are made, the extent and
the character of the publications and similar other considerations have to be
taken into account in order to determine whether the act complained of amounts
to contempt.
● In Advocate General v. Abraham George, it was held that,
 judgments are open to criticism that must be done without casting aspersions
on the judges and the judges and the Courts and without adverse comments
amounting to scandalising the Courts.

 Section 6 : Complaint against presiding officers of subordinate Courts when not

contempt :
● A person shall not be guilty of contempt of Court in respect of any statement
made by him in good faith concerning the presiding officer or any subordinate
Court to -
 (a) Any other subordinate Court, or
 (b) The High Court to which it is subordinate.
● A complaint or report about a judicial officer of his dishonesty, partiality or other
conduct unbecoming of a court, made to an authority to which it is subordinate,
is not contempt of court,
 if all reasonable care is taken by the makers to keep it confidential.
● In re Court on its Own Motion, the Court held that,
 immunity is provided to a citizen making a complaint to the High Court against
a presiding officer of a subordinate court so long as the complaint is made in
good faith.
 Section 7 : Publication of information relating to proceeding in chambers or in
camera not contempt except in certain cases :
● Section 17 of the Act deals with the situation where a person publishes a fair and
accurate report of a judicial proceeding before any court sitting in chambers or in
camera.
● It shall not be contempt of court except under the following cases :
 (a) where the publication is contrary to the provisions of any enactment for the
time being in force;
 (b) where the court on ground of public policy or in exercise of any power
vested in it, expressly prohibits the publication of all information relating to the
proceeding or of information of the description which is published;
 (c) where the Court sits in chambers or in camera for reason connected with
public order or the security of the State, the publication of information relating
to those proceedings;
 (d) where the information relates to a secret process, discovery or invention
which is an issue in the proceedings.
 Section 8 : Other defences not affected –
● Nothing contained in this Act shall be construed as implying that any other
defence which would have been a valid defence in any proceedings for contempt
of Court has ceased to be available merely by reason of the provisions of this
Act.
● Thus, in addition to defences available under the Contempt of Courts Act 1971,
alleged contemnor also has defences provided under other statutes.

 Section 9 : Act not to imply enlargement of scope of contempt –

● Nothing contained in this Act shall be construed as implying that any
disobedience, breach, publication or other act is punishable as contempt of Court
which not be so punishable apart from this Act.
● ie The scope of contempt of Courts has not been enlarged.
 What was not contempt so far is not contempt of Court even now .
● The contempt of Court should not be resorted to only for the purpose of
enforcing interpretive rights.
✔ Punishment for Contempt : - Sections 10 to 13
 Section 12 : Punishment for contempt of Court
● (1) Save as otherwise expressly provided in this Act or in any other law,
 a contempt of court may be punished with simple imprisonment for a term
which may extend to six months, or with fine which may extend to two
thousand rupees, or with both:
 Provided that the accused may be discharged or the punishment awarded may
be remitted on apology being made to the satisfaction of the court.
● (2) . . . .
● (3) Notwithstanding anything contained in this section,
 where a person is found guilty of a civil contempt,
• the court, if it considers that a fine will not meet the ends of justice and that
a sentence of imprisonment is necessary shall,
• instead of sentencing him to simple imprisonment, direct that he be
detained in a civil prison for such period not exceeding six months as it
may think fit.
● (4) Where the person found guilty of contempt of court in respect of any
undertaking given to a court is a company,
 every person who was responsible to the company for the conduct of business
of the company shall be deemed to be guilty of the contempt
 and the punishment may be enforced, with the leave of the court, by the
detention in civil prison of each such person:
 Provided that nothing contained in this sub-section shall render any such
person liable to such punishment if he proves that the contempt was
committed without his knowledge or that he exercised all due diligence to
prevent its commission.
● (5) . . . .
 Ordinarily the punishment prescribed under the Act is simple imprisonment for a
term which may extend to six months or with fine which may extend to two

thousand rupees or with both.

● However, the accused may be discharged or the punishment awarded may be
remitted on apology being made to the satisfaction of the Court.
 The apology shall not be rejected merely on the ground that it is qualified or
conditional if the accused makes it bona fide.
● Often it was felt that the alleged contemner was convinced that he had not
committed any contempt of court, and yet he did not want to contest the finding
to the contrary given by the court.
● In such circumstances, if the contemner explained his point of view and then
submitted that if the court was of the opinion that contempt was committed, he
apologised.
 Other important features of the Section 12 are that,
● In civil contempt, sentence of imprisonment is to be inflicted only when it is
considered that sentence of fine will not meet ends of justice.
● Corporations have also been declared as capable of being punished.
 In Hoshiam award of Shavaksha Dolikuka v. Thrity Hoshie Dolkuka, the Court felt
that,
● imposition of any kind of punishment on the father for whom daughter has a lot
of affection is likely to upset her and cause her mental distress.
● Taking into consideration the fact that the welfare of the child, the court was of
the opinion that,
 one should let off the father with a reprimand and a warning, although he has
been rightly found guilty of having committed contempt of court.
 Meaning of Apology :
● According to the Oxford Pocket Dictionary of Current English
 the term apology means a regretful acknowledgment of an offense or failure.
● As per Sec-12, the accused or contemner may be discharged or the punishment
awarded may be remitted on apology being made to the satisfaction of the court.
 But in serious matters the apology cannot be accepted.
 Where statements were an intentional assault on the integrity and impartiality
of a learned Judge of High Court and on the fair name of the High Court, and
irreparable damage had already been done;
• no apology could undo it.
● In State of Orissa v. R. N. Patra, the Court held that,
 no apology could undo gross contempt and serious cases of contempt.
 Nature of Apology :
● Apology is an act of contrition.

● Unless apology is offered at the earliest opportunity and in good grace, apology
is shorn of penitence.
 Even if wisdom dawns only at a later stage, the apology should be tendered
unreservedly and unconditionally, before the Judge has indicated the trend of
his mind. Unless that is done, not only is the tendered apology robbed of all
grace but it ceases to be an apology.
● Tendering of apology cannot be a panacea in every case of contempt.
 If that were so, cases of gross contempt would go unpunished and serious
mischief would remain unchecked in spite of the fact that provision has been
made under the Contempt of Courts Act.
● Apology cannot be a weapon of defence forged always to purge the guilty.
 Apology, when cannot be accepted :
● It is not necessary that every apology is to be accepted by the court.
● A court can refuse to accept an apology which it does not believe to be genuine,
it can, even when it accepts the apology, commit an offender to prison or
otherwise punish him.
● Apology should be tendered out at the earliest possible stage, unreservedly and
unconditionally and it must be indicative of remorse and contrition as well as
free, full, frank and manly confession of a wrong done.
● A hauling, hesitating and vacillating apology deserves to be rejected.
 Punishment Primarily a Matter of Discretion :
● To award punishment for contempt is a matter sole discretion of the court .
● Sometime in continuing contempt case, the court may decide not to punish the
contemner further.
 Eg When the court takes the view that the contemner has been punished
enough for the original contempt, and he is not going to comply with the
original order however long he stays in custody,
• therefore, there is no justification for continuing to keep him in poison.
 Quantum of Punishment :
● Ignorance of law is no excuse. A person who inflicts an injury upon another in
contravention of law is not allowed to say that he did so with an innocent mind;
he is taken to know the law, and he must act within the law.
● It is not open to accept the easy and ready solution of accepting the apology and
imposing a fine in the case of a contumacious disregard of all decencies.
● An important question relating to quantum of punishment arises that,
 whether the conduct of contemner affect the quantum of punishment
 Does good conduct help in reducing the punishment of imprisonment and fine

and vice versa.

● The Apex Court in Shyam Sundar v. Satchidananda Rakshit, held that,
 the punishment should be primarily for upholding the dignity of the court and
maintaining due respect for the administration of justice.
 There should be no element of vindictiveness in it and it should not be allowed
to be used for feeding a private grudge or as an offensive weapon to satisfy
private vendetta.
 Contempt not punishable in certain cases :
● Section 13 :
 Notwithstanding anything contained in any law for the time being in force,
 no Court shall impose a sentence under this Act for a contempt of Court unless
it is satisfied that the contempt is of such a nature that it substantially
interferes, or tends substantially to interfere with the due course of justice.
● The law does not take into consideration the trival matters even though such
matters in the technical sense may be covered under law.
● The contempt law is also developed on this cardinal rule of law that minor
matters must be ignored.
● It is submitted that every infraction of court's order is not contempt of court.
● Thus, this section in unambiguous and in clear terms declares that only wilful
and deliberate disobedience of court's order or substantial interference in courts
order is to be punished.
● Technical contempts are to be ignored.
✔ Purging of contempt : http://bit.ly/2HS8iEi
✔ Case-laws :
 SC Bar Association v. UOI, AIR 1998 SC 1895
 Smt Pushpaben & others v. Narandas V Badani, AIR 1979 SC 1536
 Daroga Singh v. B K Pandey, (2004) 5 SCC 26
 Pravin C. Shah v. K.A. Mohd. Ali, (2001) 8 SCC 650 http://bit.ly/2HS8iEi
 Bhuramal Swami v . Raghuveer Singh & Ors. (Judgment dated 21 st Oct 2016)
 Perspective Publication v. S tate of Maharas h tra , AIR 1970 SC 221
 Narmada Bachao A ndolan v . UOI , AIR 1999 SC 3345

GO TO CONTENTS.

Module-4 :
4) Important Cases and Selected Opinions of the Disciplinary Committee :
4.1) Important Cases of the Apex Court relating to Professional Misconduct of
lawyers
4.2) 50 selected opinions of the Disciplinary Committee
4.3) Important cases of the Supreme Court relating to the Contempt of Court
➔ Write notes : Importance and Role of Disciplinary Committee (Apr-2013)

✔ Write explanatory note : Powers of disciplinary committee. (Mar-2015)
✔ Explain : Importance and functions of Disciplinary committee. (Apr-2017)
➔ Discuss : Important Cases of the Apex Court relating to Professional Misconduct
of lawyers.
➔ Discuss : 50 selected opinions of the Disciplinary Committee.
➔ Discuss : D.S. Dalal Vs. State Bank of India (AIR. 1993 SC. 1608) (Apr-2013)
➔ Discuss : Nandlal Barot Vs. Bar Council of Gujarat (AIR. 1991 SC. 477) (Apr-2013)
✔ Discuss : Nandalal K Barot -vs- Bar Council of Gujarat AIR 1984 SC 277 (Mar-2015,
Apr-2017)
➔ Discuss : L.C. Goyal Vs. Naval Kishore (1997 II SCC. 258) (Apr-2013)
➔ Discuss : P.D. Gupta Vs. Ram Murthy (AIR. 1998 SC. 283) (Apr-2013)
➔ Discuss in detail : Prahlad Saran Gupta V. Bar Council of India (AIR 1997 SC 1338)
(Mar-2014, Apr-2016)
➔ Discuss in detail : Pavan Kumar Sharma V. Gurudayal Singh (AIR 1999 SC 98) (Mar-
2014, Mar-2015, Apr-2016, Apr-2017)
➔ Discuss : Tek Chand -vs- Pramodkumar Chaudhary BCI Tr Case No 22/1998 (Mar-
2015)
➔ Discuss : Baldevsingh Dhingra -vs- Madanlal Gupta AIR 1999 SC 902 SCC 745
(Mar-2015, Apr-2017)
➔ Discuss : Hikmatali Khan vs Ishvarprasad Arya AIR 1997 SC 864 GLH 629. (Apr-
2017)

MODULE-4 ANSWERS :
➔ Write notes : Importance and Role of Disciplinary Committee (Apr-2013)

✔ Write explanatory note : Powers of disciplinary committee. (Mar-2015)
✔ Explain : Importance and functions of Disciplinary committee. (Apr-2017)
ANSWER :
✔ Refer :
✔ <Read “What is misconduct?” elsewhere in this doc>
✔ Disciplinary Committee :
 A Bar Council shall constitute one or more disciplinary committees,
 Each of which shall consist of three persons of whom two shall be persons elected
by the Council from amongst its members and the other shall be a person co-opted
by the Council from amongst advocates who possess the qualifications specified in
the proviso
 And the senior-most advocate amongst the members of a disciplinary committee
shall be the Chairman thereof.
✔ Procedure followed by Disciplinary Committee :
 (1) Where on receipt of a complaint or otherwise the Bar Council of India shall refer
the case for disposal to its disciplinary committee.
 (2) Disposal of disciplinary proceedings.—The disciplinary committee of a State Bar
Council shall dispose of the complaint received by it under section 35 expeditiously
and in each case the proceedings shall be concluded within a period of one year
from the date of the receipt of the complaint or the date of initiation.
 (3) Appeal to the Bar Council of India.— Any person aggrieved by an order of the
disciplinary committee of a State Bar Council made or the Advocate General of the
State may, within sixty days of the date of the communication of the order to him,
prefer an appeal to the Bar Council of India.
 (4) Appeal to the Supreme Court.—Any person aggrieved by an order made by the
disciplinary committee of the Bar Council of India may within sixty days of the date
on which the order is communicated to him, prefer an appeal to the Supreme
Court.
 (5) Stay of order.— An appeal, made shall not operate as a stay of the order
appealed against, but the disciplinary committee of the Bar Council of India, or the
Supreme Court, as the case may be, may, from sufficient cause, direct the stay of
such order on such terms and conditions as it may deem fit.
 (6) Alteration in roll of Advocates.—Where an order is made under this Chapter

reprimanding or suspending an advocate, a record of the punishment shall be

entered against his name
✔ Powers of Disciplinary Committee : The disciplinary committee of a Bar Council
shall have the same powers as are vested in a civil court under the Code of Civil
Procedure, 1908 (5 of 1908), in respect of the following matters, namely :
 (a) summoning and enforcing the attendance of any person and examining him on
oath;
 (b) requiring discovery and production of any documents;
 (c) receiving evidence on affidavits;
 (d) requisitioning any public record or copies thereof from any court or office;
 (e) issuing commissions for the examination of witness or documents;
 (f) any other matter which may be prescribed : Provided that no such disciplinary
committee shall have the right to require the attendance of—
● (a) any presiding officer of a Court except with the previous sanction of the High
Court to which such court is subordinate;
● (b) any officer of a revenue court except with the previous sanction of the State
Government.
✔ Review of orders by disciplinary committee :
 The disciplinary committee of a Bar Council may of its own motion or otherwise
review any order 1[within sixty days of the date of that order passed.

GO TO CONTENTS.
➔ Discuss : Important Cases of the Apex Court relating to Professional Misconduct

of lawyers.
ANSWER :
✔ Refer :
 http://www.barcouncilofgujarat.org/PDFS/act1961_IV.pdf refers to “10 major
judgments of the Supreme Court on the subject”
● Read these directly from list given on page-5 of --->
http://lawfaculty.du.ac.in/files/course_material/Old_Course_Material/LB-
 Page-169 An Advocate v. Bar Council of India, 1989 Supp (2) SCC 25
 Page-181 Salil Dutta v. T.M. and M.C. (P) Ltd. (1993) 2 SCC 185

 Page-185 State of Maharashtra v. Budhikota Subbarao, (1993) 3 SCC 71

 Page-191 C. Ravichandran Iyer v. Justice A.M. Bhattacharjee, (1995) 5 SCC
457
 Page-204 P.D. Gupta v. Ram Murti, (1997) 7 SCC 147
 Page-211 T.C. Mathai v. District & Sessions Judge,Thiruvananthapuram, (1999)
3 SCC 614
 Page-214 R.D. Saxena v. Balram Prasad Sharma, (2000) 7 SCC 264
 Page-219 D.P. Chadha v. Triyugi Narain Mishra, (2001) 2 SCC 221
 Page-230 Shambhu Ram Yadav v. Hanuman Das Khatry, (2001) 6 SCC 1
 Page-233 Bhupinder Kumar Sharma v. Bar Assn., Pathankot, (2002) 1 SCC 470
 Page-239 Ex-Capt. Harish Uppal v. Union of India, (2003) 2 SCC 45
 Page-251 Anees Ahmed v. University of Delhi, AIR 2002 Del. 440
● OR alternately google above citations.
✔ Hikmat Ali Khan v. Ishwar Prasad Arya and Others :
%20Naina%20Jain.pdf
 Ishwar Prasad Arya was an advocate practicing at Badaun in U.P. He assaulted his
opponent, Radhey Shyam in the court-room of Munsif at Badaun with a knife.
 After investigation he was prosecuted for offences under section 307 IPC and
section 25 of the Arms Act and he was sentenced for three years imprisonment.
 But he remained free on a fraudulent letter said to have come from the governor
suspending the conviction.
 The IIIrd Additional District and Sessions Judge, Badaun sent a complaint
containing these facts to the Chairman, Bar Council of U.P.
 The disciplinary committee of U.P Bar Council debarred him from practicing for a
period of two years.
 The advocate appealed to the Bar Council of India which set aside the order of the
Bar Council of U.P.
 The appellant Himat Ali Khan complained against the advocate and prayed for fresh
inquiry.
 In the said proceedings, the advocate appeared and filed his return statement but
thereafter he did not appear.
 Hence, the Bar Council of U.P proceeded ex-parte against him and the disciplinary
committee of the state Bar Council of U.P debarred for a period of three years.
 The advocate again appealed to the Bar Council of India and it had set aside the
punishment.

 Then Himat Ali filed appeal to the Supreme Court.

 The Supreme Court held that,
● his conduct was such that his name should be removed from the state rule of
advocates as he was found guilty of an offence attempting to commit murder
and convicted for it and as he was unworthy of remaining in the profession.
➔ Discuss : 50 selected opinions of the Disciplinary Committee.

ANSWER :
✔ Refer :
 Read directly from ---> https://www.scribd.com/document/348313424/50-Opinion
➔ Discuss : D.S. Dalal Vs. State Bank of India (AIR. 1993 SC. 1608) (Apr-2013)
ANSWER :
✔ Refer :
 <Read from 214K Legal Principles through Case Study>
➔ Discuss : Nandlal Barot Vs. Bar Council of Gujarat (AIR. 1991 SC. 477) (Apr-2013)
✔ Discuss : Nandalal K Barot -vs- Bar Council of Gujarat AIR 1984 SC 277 (Mar-2015,
Apr-2017)
ANSWER :
✔ Refer :
➔ Discuss : L.C. Goyal Vs. Naval Kishore (1997 II SCC. 258) (Apr-2013)
ANSWER :
✔ Refer :

➔ Discuss : P.D. Gupta Vs. Ram Murthy (AIR. 1998 SC. 283) (Apr-2013)
ANSWER :
✔ Refer :
➔ Discuss in detail : Prahlad Saran Gupta V. Bar Council of India (AIR 1997 SC 1338)
(Mar-2014, Apr-2016)
ANSWER :
✔ Refer :
➔ Discuss in detail : Pavan Kumar Sharma V. Gurudayal Singh (AIR 1999 SC 98) (Mar-
2014, Mar-2015, Apr-2016, Apr-2017)
ANSWER :
✔ Refer :
➔ Discuss : Tek Chand -vs- Pramodkumar Chaudhary BCI Tr Case No 22/1998 (Mar-
2015)
ANSWER :
✔ Refer :
➔ Discuss : Baldevsingh Dhingra -vs- Madanlal Gupta AIR 1999 SC 902 SCC 745

(Mar-2015, Apr-2017)
ANSWER :
✔ Refer :
➔ Discuss : Hikmatali Khan vs Ishvarprasad Arya AIR 1997 SC 864 GLH 629. (Apr-
2017)
ANSWER :
✔ Refer :
*** End-of-Compilation ***

Source : Public domain print/ internet contents.
URLs of some such resources are listed herein above.
Credits/ copyrights duly acknowledged.
Suggested Readings :
➔ Mr. Krishnamurthy Iyer's Books on “Advocacy”
➔ Dr. Kailas Rai, Legal Ethics Accountancy for Lawyers & Bench-Bar Relation: Central Law
Pub.
➔ Dr. S. R. Myneni, Professional Ethics, Accountancy for Lawyers and Bench-Bar Relation,
Asia Law House
➔ Subramanyams, Commentaries on Advocate's Act with Professional Ethics & Allied Laws,
Law Publishers India.
➔ The Bar Council Code of Ethics
➔ 50 selected opinions of the Disciplinary Committees of Bar Councils
➔ Sanjiva Row, The Advocates Act, 1961, LexisNexis Butterworths
➔ S. P. Gupta, Professional Ethics, Accountancy for Lawyers and Bench-Bar Relations
➔ JPS Sirohi, Professional Ethics, Lawyer's Accountability, Bench-Bar Relationship

➔ GCV Subba Rao, Commentary on Contempt of Courts Act, 1971, ALT Publications
➔ V. N. Shukla, Constitutional Law of India, Eastern Book Company
➔ T. K. Tope, Constitutional Law of India, Eastern Book Company
➔ M. P. Jain, Constitutional Law of India, Eastern Book Co.
➔ Authenticated Law Journals and Legal Software for perusal of Supreme Court Decisions

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➔ Refer : Bare acts are a good source, in any subject of law :

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Module-1 Legal Profession 3

Module-2 Advocates’ Act, 1961 39

Module-3 Contempt of Court and practice 66

Module-4 Important Cases and Selected Opinions of the Disciplinary 86

Objectives of the course :

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➔ Explain detail : Ten commandment of advocate (Mar-2015)

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according to the change in the society.

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• Thus, the establishment of the Supreme Court brought recognition, wealth

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 These certificate should be proof that,

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 Current legal practice laws in India :

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 Surveys tell us that,

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and fresh air.

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 Lawyers and contracts :

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● moral or morality ordinarily refers to the conduct itself,

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 They hold important and unique place in the society.

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appeal to the feelings of others. Fluent speaking impresses the listener. As

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✔ Tact : 8th Lamp added by Justice K.V. Krishnaswamy Aiyer :

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institution of any proceedings.

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309 Prof Ethics & Prof Accounting

309 Prof Ethics & Prof Accounting