Abstract
Professional ethics are rules that govern behavior in various fields, including schools, universities, management, medical practice, and litigation. This article focuses on the importance of professional ethics in advocacy, which is based on justice, maintaining the rule of law, and ensuring unity. The foundation of advocacy lies in the application of professional ethics in litigation.
The legal profession is crucial for the government's survival and requires ethical conduct from its practitioners. Members of the Bar, like judges, must adhere to a formal code of professional ethics to maintain trust and credibility. The objective is to provide efficient, genuine, and financially accessible legal advice.
Traditional principles like integrity, faithfulness, loyalty, hard work, expertise, and impartiality must be upheld, prioritizing customer interests over personal gain. The legal profession in India is governed by the Advocates Act and the Bar Councils Act, which establish a legislative code of behavior. Advocacy lawyers must maintain dignity, respect the court, avoid illicit methods, and avoid acting as surety or vouching for the court's reliability.
Legal ethics, as defined by the Chief Justice Marshal, promote honesty, cooperative relationships, fair behavior, unity, and fulfilling societal responsibilities in the legal profession, ensuring a formal and respectful presentation of cases.
Professional ethics are essential in a culture that values well-being and respects others. They encompass societal norms and principles, fostering trust and confidence in the profession. In Indian courts, ethical norms are crucial for judicial integrity and justice administration. Advocates must maintain dignity and self-esteem while presenting their cases. The Supreme Court of India emphasizes legal ethics, and the legal profession is governed by the Advocates Act and Bar Councils Act. Adhering to ethical norms fosters trust in the profession.
Keywords: Legal Profession, Integrity, Professional Ethics, The Advocates Act 1961, Bar Council of India Act.
INTRODUCTION
Professional ethics are norms or principles that govern the behavior and conduct of individuals or organizations in commercial settings. They are established by professional groups to protect the public reputation of the profession, maintain discipline, and maintain client relationships. In law, professional ethics are a code of conduct and rules that govern the behavior of legal practitioners, requiring them to adhere to these standards. These principles are crucial for maintaining a disciplined atmosphere and maintaining the integrity of client relationships.
The legal profession is a crucial part of the government structure, and its survival depends on the ethical conduct of its practitioners. Members of the Bar, like judges, are considered officers of the court and should exhibit good behavior based on ethical standards. A formal code of professional ethics can be established to define expected standards, and lawyers who do not adhere to these standards should not practice or maintain membership in the association.
Lawyers and judges play a crucial role in implementing the law, and the Rule of Law is based on justice, fairness, and equity. If individuals fail to uphold these ethical values, the legal system will lose its reputation and people will turn to alternative dispute resolution methods. The legal profession must possess the trust and credibility of the community and resolve fundamental dilemmas.
The objective is to restructure the legal profession to provide more efficient, genuine, and financially accessible legal advice and counsel. Traditional principles such as integrity, faithfulness, loyalty, hard work, expertise, and impartiality must be upheld and protected, prioritizing customer interests over personal gain and commercial benefits.
Legal ethics aim to uphold the integrity and prestige of the legal profession while fostering a harmonious relationship between the judiciary and legal practitioners. The legal profession is not a commercial enterprise but a vocation established by the state for the benefit of the public.
SUPREME COURT ON PROFESSIONAL ETHICS OF ADVOCACY
The purpose of promoting professional ethics is to maintain the integrity of the legal profession, which can be achieved by creating ethical principles within the profession. Professional ethics encompasses the incorporation of several principles and attributes that persons must possess in their professional endeavors. The Chief Justice Marshal's articulation defines legal ethics as:
The main goal of legal ethics is to maintain the honesty and reputation of the legal profession, promote cooperative relationships between lawyers and judges in the pursuit of the highest levels of justice, ensure fair and honorable behavior of lawyers toward their clients, opponents, and witnesses, foster a sense of unity within the legal community, and ensure that lawyers fulfill their responsibilities to society as a whole.
The following are the Supreme Court of India's remark regarding the profession of advocacy:
"Advocacy is not an acquirable skill, but rather a profound sense of purpose and dedication to one's obligations. In this job, a strong commitment to fulfilling one's responsibilities is regarded as crucial. The advocate's rise to success is assisted by the mix of genuine performance and true effort. By possessing these virtues, other qualifications will naturally follow. This is the reason for the highly regarded status of the legal profession.”
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