Legal Bites Professional Ethics

The legal profession is a noble profession, and its nobility continues to be maintained with the observance and adherence to a number of professional standards by those who engage in the profession. This is called legal ethics. The commentary of the Supreme Court of India on the profession of pleading is as follows: A lawyer may not, directly or indirectly, buy or bid through a person who has been sold in a court case in which he has been professionally involved. However, a lawyer may do so for his client if he has been authorized to do so in writing. In addition, a lawyer cannot bid at judicial auction. The lawyer may not acquire property which he occupies in a professional capacity and in which this property is the subject of litigation or other proceedings by sale, donation, exchange or any other form of transfer. Ethical values and legal principles are interdependent, but an ethical obligation generally goes beyond legal obligations. This is true in some cases where the law prescribes unethical behavior, particularly when a law is unjust but the law has replaced ethical duties over legal obligations. Violations of professional ethics in advocacy are as regrettable as they are unacceptable. Therefore, the above seven advocacy lamps serve as a guiding principle for all lawyers and those who will teach the sound principles and ethical values of their profession and enable the justice system to reach its full potential. lawfaculty.du.ac.in/files/course_material/Old_Course_Material/LB-106%20Advocay%20and%20Professional%20Ethics%20materials%20full.pdf www.legalbites.in/professional-ethics-seven-lamps-of-advocacy/ www.lawaudience.com/the-seven-lamps-of-advocacy/ www.lawtool.net/post/seven-lamps-of-advocacy www.barcouncilofindia.org/about/professional-standards/rules-on-professional-standards/Section 35 of the Lawyers Act deals with Provisions relating to the establishment and functioning of the Disciplinary Committee of the Council of State of the Bar Association. If a lawyer is found guilty of professional misconduct, he or she may, after having an opportunity to be heard, make one of the following orders: The word ethics is derived from the Greek word “ehos,” meaning “character,” and the Latin word “mores,” meaning “customs.” The two terms, when combined, provide a definition of how an individual interacts with each other.

Ethics in philosophy represents what is good for the person, for society in general, and the established nature of the duties that people have towards themselves and towards each other. The seven lamps of pleading, as proposed by Justice Edward Abbot Perry in his books of the same name, serve as a means to guide lawyers in maintaining their professional ethics and fair conduct. It is very important to follow the necessary behavior and ethics that this noble profession requires. Legal ethics are an integral part of legal practice. Therefore, in all circumstances, the lawyer must ensure that he respects the values and ethics associated with this noble and respectable profession. Follow us on Instagram and subscribe to our YouTube channel for more amazing legal content. LawSikho has created a telegram group for the exchange of legal knowledge, recommendations and various possibilities. You can click on this link and sign up: Good lawyers always combine an exceptional work ethic with compassion. It doesn`t matter how talented and results-oriented a defender is; He can never find an expert in this field if he does not have courage. Courage refers to pacifists with a strong moral compass and the ability to keep their customers in front of the bank. Therefore, lawyers should not withdraw his action, even if it could be a deviant action, out of fear or danger that comes their way.

The environment in which we all work is subject to continuous and rapid change, with technological advances, increased competition, constituency diversification and generational differences. Therefore, the principles are intended to serve as a permanent framework in which those involved in career development and employment processes operate, and as a basis on which professionalism and ethical behaviour are encouraged. NACE members are expected to use the principles as a guide for processes, decisions and outcomes. The lawyer must not act in a manner that could be inappropriate or illegal towards the opposing party or his lawyer. Every effort must be made to ensure that clients also refrain from behaving inappropriately or illegally towards any of the parties or one or more judges. Third-year law student at the Vellore Institute of Technology (VIT School of Law), aspiring lawyer and first-generation legal researcher with several publications in various web journals and portals on various legal topics. Being a zealous person with thoughts rooted in epistemophilia has strengthened my passion for research writing by interpreting various legal facets. As an attentive observer and reader, I pay more attention to neglected areas of law where different challenges may arise, including cyber law, environmental law, consumer law, and several constitutional provisions. In addition, I prioritize the interpretation of legal problems with social psychology. My dream and vision is to catch up as an experienced lawyer.

When we talk about ethics in general, it encompasses many essential qualities that can be called ethical behavior. One of these qualities is integrity in a person`s character throughout his or her life. Good integral behavior indicates that an individual is exercising the “right” option, even if the bad one seems more comforting and attractive. Honest officers possess this integrity and the ethical behaviors that come with it, which makes them more valuable and qualitative than others. A lawyer is obliged to inform his clients of the true legal status of the case. He should be adept at choosing an option that seems more correct at the time of the decision, identifying all possible eventualities that will arise. Ethics plays an important role in the legal profession, as lawyers are often consulted by other questionable people. Your customers have major trust issues, which usually leads to conflicting issues. A lawyer is accountable to his client and must be honest and loyal to him. The Seven Lamps of Advocacy,[6] an admirable book by Justice Abbot Parry, outlines the essential qualities a lawyer must possess to succeed in his legal profession and in the bar association. Industry refers to hard work, which is absolutely necessary for a lawyer.

A lawyer`s legal knowledge should be up-to-date and not ignorant of applicable law, and in order to acquire the required knowledge, a lawyer should conduct a systematic study to familiarize himself with the most recent law. If they ignore the applicable law, the law will ignore them too. Therefore, it is said that “the law is the jealous mistress”, which requires that one be updated with changes and additions. [7] In the view of Sir John Scott, 1st Earl of Eldon, to succeed as a lawyer, a man must work like a horse and live like a hermit. The former Chief Justice of India, S H Kapadia, expressed the same thing, stressing the necessity that helps a lawyer to remain at the head of the legal profession. In what follows, the quintessence of phraseology describing one of the essential qualities of a great practitioner of law is jack-of-all-trades, master of nothing.

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