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- Meaning of Ethics and need for ethics for advocates.
Moral principles that govern a person's behaviour or the conducting of an activity.
- Advocates duty towards:
Duties to client
- Protection of the interest of the client
- Proper estimation of the value of legal advices and services b) Duties to court
- Honesty and respect
- Preparation of the case c) Duties to Public
- Service
- Loyalty to law and justice d) Duties to colleagues
- Fellowship
- Fairness e) Duties to self
- Systematic study
- Prudence and diligence.
- What is legal aid?
Legal aid is the provision of assistance to people otherwise unable to afford legal representation and access to the court system.
- Who is entitled for legal aid?
The sections of the society as enlisted under Section 12 of the Legal Services Authorities Act are entitled for free legal services, they are : 4.a. A member of a Scheduled Caste or Scheduled Tribe; 4.b. A victim of trafficking in human beings or begar as referred to in Article 23 of the Constitution; 4.c. A woman or a child; 4.d. A mentally ill or otherwise disabled person;
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4.e. A person under circumstances of undeserved want such as being a victim of a mass disaster, ethnic violence, caste atrocity, flood, drought, earthquake or industrial disaster; or 4.f. An industrial workman.
- What is professional misconduct
The misconduct has been defined in Black’s Dictionary as transgression of some established and definite rule of action, a forbidden act, a dereliction of duty, unlawful behaviour, improper or wrong behaviour. Its synonyms are misdemeanor, impropriety, mismanagement, offence but not negligence or carelessness. Misconduct has not been defined in the Advocates Act, 1966 but misconduct envisages breach of discipline, Advocacy is a noble profession and an advocate is the most accountable, privileged and erudite person of the society and his act are role model for the society, which are necessary to be regulated. Professional misconduct is the behaviour outside the bounds of what is considered acceptable or worthy of its membership by the governing body of a profession. Professional misconduct refers to disgraceful or dishonourable conduct not befitting an advocat. Chapter V of the Advocate Act, 1961, deals with the conduct of Advocates. It describes provisions relating to punishment for professional and other misconducts. Section 35(1) of the Advocate Act, 1961, says, 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 it disciplinary committee. Generally legal profession is not a trade or business, it’s a gracious, noble, and decontaminated profession of the society. Members belonging to this profession should not encourage deceitfulness and corruption, but they have to strive to secure justice to their clients. The credibility and reputation of the profession depends upon the manner in which the members of the profession conduct themselves. It’s a symbol of healthy relationship between Bar and Bench.
- Who is entitled to try professional misconduct cases?
Disciplinary committee of State bar council
Disciplinary committee of bar council of India
Supreme Court
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(c) if he is dismissed or removed from employment or office under the State on any charge involving moral turpitude.
- How should be the relation between the bench and the bar
Bench and the bar relation should be complimentary and cordial. Bench and Bar are the two arms of the same machinery and unless they work harmoniously, justice cannot be properly administered through the courts of law. But lapses occur from both' sides, which tend to stiffen their relationship. The lawyers in the discharge of their duties have sometimes to use expressions which may not be palatable to the court but they are never used either with the intention of offering any insult or causing any interruption to the proceedings of the court.
- What is meant by contempt of court? Types of contempt?
Disobedience to the court by acting in opposition to the authority, justice and dignity thereof
Civil and criminal contempt
- (^) What are the conditions to be fulfilled to be enrolled as an advocate on record in supreme court
The Bar Council of India (BCI) issued the Certificate of Practise and Renewal Rules issued in 2014 stating that to be enrolled as a Supreme Court lawyer, an advocate has to fulfill certain conditions. The conditions are listed below: For lawyers who want to be registered as Supreme Court Lawyers, must have a post qualification experience of 5 years which must include 3 years of practice in trial court, 2 years in High Court. After that he must take training under an Advocate on Record (registered Supreme Court Lawyer). Supreme Court Advocate-on-Record Exams: Who has such post qualification experience, can appear for examination conducted and regulated by the Board of Examiners who are governed and regulated by the Supreme Court. On clearing the examination, the lawyer must have a registered office within a radius of 10 miles from the Supreme Court of India and must have a registered clerk in the office.
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As Supreme Court is the Highest Court of practice for a lawyer, it is not that easy to get enrolled. As per a study conducted, more or less around 18% of the total appearing candidates qualify in this examination. The examination is held every year in May-June. The details are as follows regarding the format of examination and passing criteria: It is a 3 hours examination Examination is taken on 4 papers conducted on 4 days The total marks is 100, and total number of questions is 27 which is divided among four papers. The candidate has to obtain at least 50% marks in each paper and 60% in aggregate to qualify. If a candidate obtains less than 50% in a paper but obtains 60% in aggregate, then such candidate can rewrite that particular paper in the subsequent examination paying the total examination fees. If a candidate obtains 50% in each paper, but fails to obtain 60% in aggregate, then in such situation the candidate can rewrite any one paper of his/her choice in the subsequent examination by paying the full examination fee. A candidate shall get maximum 5 chances to appear for the examination. Appearing for one paper too is counted as a chance. The four sets of Paper Syllabus Consist Of -
- Practice And Procedure Of Supreme Court -
- Drafting –
- Advocate And Professional Ethics –
- Leading Cases
- Seven lamps of advocacy/which is the eighth lamp
- Honesty
- Courage
- Industry
- Wit
- Eloquence
- Judgement
- Fellowship and
- Tact
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- What are the necessary elements of advocacy
- (^) Powers of BCI
- Is practices of law a business? Can a practicing advocate enter into any
other profession/business/job simultaneously? (is there any exception) No.
- (^) What are the rights and privileges of an advocates
- Right to freedom of speech & expression
- Right to practice and audience
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- Right for welfare fund
- Right of fee
- Right to enter the bar
- Privileges of exemption from arrest
- Privileges under the Crpc
- Liability of negligence
- Why are ethic essential mostly for advocates
- What is a bar association? Is advocates act applicable to bar association
- Where can advocate file an appeal on the decision of the disciplinary
committee
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