Dr.

Shakuntala Misra National Rehabilitation University,

Lucknow

ASSIGNMENT ON

PROFESSIONAL ETHICS & LAW

Professional Ethics& Pil

(UNDER THE SUPERVISION OF MR.GULAB SIR )

SUBMITTED TO: SUBMITTED BY:

MR.GULAB SIR Himanshu Kumar

Faculty of Law, DSMNRU B.Com.LL.B(Hons.)

Mohan Road, 10thSemester

Lucknow. Roll.No-174140013

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 TABLE OF CONTENTS

1. INTRODUCTION……………………………………………………….......... 3

2. OBJECTIVE OF P E ..........................…….. .........…..... 4

3. ADVOCATE DUTY OF COURT.....……………………………............... 5

4. APPEAR IN PROPER DRESS CODE ……………………………………….6

5. RULES OF CLIENT ..............................…………………………………….7

6. PIL…………….…………………………………………………………......... 9

7. IMPORTANCE & LANDMARK CASE………………….............................10

8. CONCLUSION………………………………………………………………..13

9. BIBLIOGRAPHY……………………………………………………………..14

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  ACKNOWLEDGEMENT

I would like to express my special thanks of gratitude to my teacher MR

GULAB SIR , who gave me the golden opportunity to do this wonderful

project on the topic “PROFESSIONAL ETHICS which also helped me in doing

a lot of Research and I came to know about so many new things I am really

thankful to them.

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Professional Ethics: Rights and Duties of an Advocate

Professional ethics encompasses an ethical code governing the conduct of persons

engaged in the practice of law as well as persons engaged in the legal sector. All
members of the legal profession have a paramount duty to the court and towards
the administration of justice.

This duty prevails over all other duties, especially in the circumstances where
there may be a conflict of duties. It means a code of rules which regulates the
behaviour and conduct of a practicing lawyer towards himself, his client, his
opposite party, his counsel and of course towards the court. Ethics means
principles of behaviour which are applied to an ordinary citizen in the society shall
be the standards of morals for a lawyer too.

Professional ethics consist of those fundamental values on which the profession

has been built. Legal ethics is one of the professional ethics which lays down
certain duties for the observance of its members, which he owes to the society, to
the court, to the profession, to his client and to himself.

The practicing lawyer shall have the social responsibility and dignity of the legal
profession and high standard of integrity and efficient service to his client as well
as for public welfare.

Objective of the Professional Ethics

The main object of the professional ethics of advocacy is to maintain the dignity of
the legal
profession. Chief Justice Marshall has observed in this respect, The fundamental
aim of legal ethics is to maintain the honour and dignity of the law profession to
secure a spirit of friendly cooperation between the bench and bar in the promotion
of higher standard of justice, to establish honourable and fair dealings of the
counsel with his client, opponent and witness, to establish a spirit of brotherhood

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with bar itself and to secure that lawyers discharge their responsibilities to the
community generally.
Legal profession is not a business but a profession. It has been created by the state
for the public good. Consequently, the essence of the profession lies in the three
things:

1. Organisation of its members for the performance of their function;

2. Maintenance of certain standards, intellectual and ethical for the dignity of the
profession;
3. Subordination of pecuniary gains to efficient services The legal profession is
necessarily the keystone of the arch of Government. If it is weakened, and allowed
to be a subject of the corroding and demoralising influence of those, who are
controlled by craft, greed or gain or other unworthy motive, sooner or later the
arch, must fall. The future of the country depends upon the maintenance of the
shrine of the justice, pure and unrolled by the
advocates. Thus, it cannot be so maintained, unless the conduct and motives of the
members of the legal profession are what they object to be. Therefore, it becomes
the plain and simple duty
of the lawyers to use their influence in every legitimate way to help and make the
Bar what it is ought to be. A code of ethics is one method of furtherance of this
end.

Advocates Duty towards Court:

The Bar Council of India has made certain rules so as to prescribe duties of an
advocate towards the court. Such duties may be explained as follow:

Act in a dignified manner:

During the presentation the case and while acting otherwise as an advocate before
the court is required to conduct himself with dignity and self respect. An advocate
shall not be servile and in case of proper ground for serious complaint against a
judicial officer, it is his right and duty to submit his grievances to the proper
authority. In re D.C. Saxena, the court held that The rule empowers the advocate to
make complaint against judicial officer but it should be submitted to proper
authority.

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An advocate is required to maintain towards the court respectful attitude bearing in
mind that the dignity of the judicial office is essential for survival of free
community.

Not communicate in private:

An advocate shall not influence the decision of the court by any illegal or improper
means. It prohibits the private communication with the judge relating to pending
case. If an advocate does so it amounts to professional misconduct

Refuse to act in an illegal manner towards the opposition

The rule requires the advocate to use his best effort to restrain and prevent his
client fromMresorting to sharp or unfair practice opposite or from doing anything
in relation to the in court, opposing council or parties which the advocate himself
ought not to do. It also requires the advocate to refuse to represent the client who
persists in such improper conduct.

The Rule makes it clear that the advocate shall not consider himself mere
mouthpiece of the client and shall exercise his own judgement in the use of
restrained language in correspondence, avoiding scurrilous attacks in pleadings and
using intemperate language during arguments in the court.

Appear in proper dress code

An advocate shall appear in court at all times only in the prescribe dress and his
appearance shall always be presentable.

Refuse to appear in front of relations

An advocate shall not enter appearance, act, plead, or practice in any way before a
court, tribunal, or authority mentioned in section 30 of the Advocates Act, 1961 if
the sole or any member thereof is related to the advocate as father, nephew, grand-
father, son, grand-son, uncle, brother, nephew, first cousin, husband, mother, wife,
daughter, sister, niece, aunt, sister-in-law, mother-in-law, and father-in-law, son-in-
law, daughter-in-law. For this purpose of this rule, court shall mean a court, Bench
or tribunal in which abovementioned relation of the advocate is a
judge, member or the presiding officer.

Not to wear bands or gowns in public places

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The rule requires the advocate not to wear bands or gowns in public place other than in court
except on such ceremonial occasions and at such places as the Bar Council of India and the court
may prescribe.

Rules on Advocates Duty towards Client:

Rule 11 to 33 deal with the duties of an advocate to his client. These rules may be
explained as follow:

Bound to accept briefs

Rule 11 provides that an advocate is bound to accept any brief in the court or
tribunal or before any authority which he proposes to practice at fee consistent with
his standing at bar and also nature of case.
In S.J. Chaudhary v. State (1984), the Supreme Court has made it clear that if an
advocate accepts the brief of a criminal case, he must attend the case day to day
and if he does not do so, he will be held liable for breach of professional duty.

Not to withdraw from service:

Rule 12 provides that an advocate shall not ordinarily withdraw from engagements
once accepted without sufficient cause and unless reasonable and sufficient notice
given to the client. In case he withdraws himself from the case, he is bound to
refund such part of the fee as has not been earned.

Not to appear in matters where he himself is a witness

Rule 13 provides that an advocate should not accept the brief or appear in a case in
which he has reason to believe that he will be a witness.
In Kokkanda B. Poondacha v. K.D. Ganpathi, AIR 2011 SC 1353, the Court has
held that one party to proceedings cannot cite advocate representing the other side
as witness without disclosing as to how testimony is relevant as it will result in
depriving the other side of services of the advocate.

Full and frank disclosure to client

Rule 14 provides that an advocate shall 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

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controversy as are likely to affect his client’s judgment in either engaging him or
continuing the engagement.

Uphold interest of the client

Rule 15 provides that it is the duty of an advocate to uphold the interest of his
client fearlessly by all fair and honourable means without regard to any unpleasant
consequences to himself or to any other.

It is the duty of an advocate to defend a person accused of crime regardless of his

personal opinion as to the guilty of the accused and in the discharge of this duty he
should always bear in mind that his loyalty is to the law which requires that no
man should be convicted without adequate evidence.

Not to suppress material or evidence:

Rule 16 provides that an advocate appearing for the prosecution of criminal trial
shall so conduct the prosecution that it does not lead to conviction of an innocent.
The rule makes it clear that the suppression of material capable of establishing the
innocence of the accused must be scrupulously avoided.

Not to disclose the communications between client and himself:

Rule 17 provides that an advocate shall not commit directly or indirectly any
breach of the
obligation imposed by section 126 of Indian Evidence Act.

An advocate should not be a party to stir up or instigate litigation:

Rule 18 provides that an advocate shall not at any time be a party to the fomenting
litigation. Rule 19 makes it clear that an advocate shall not act on the instruction of
any person other than his client or his authorized agent.

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PUBLIC INTEREST LITIGATION

The chief instrument through which judicial activism has flourished in India is
Public Interest Litigation (PIL) or Social Action Litigation (SAL). Public interest
litigation (PIL) refers to litigation undertaken to secure public interest and
demonstrates the availability of justice to socially-disadvantaged parties and was
introduced by Justice P. N. Bhagwati. It is a relaxation on the traditional rule of
locus standi. Before 1980s[when?] the judiciary and the Supreme Court of India
entertained litigation only from parties affected directly or indirectly by the
defendant. It heard and decided cases only under its original and appellate
jurisdictions. However, the Supreme Court began permitting cases[when?] on the
grounds of public interest litigation, which means that even people who are not
directly involved in the case may bring matters of public interest to the court. It is
the court's privilege to entertain the application for the PIL.

Importance
Public interest litigation gives a wider description to the right to equality, life and
personality, which is guaranteed under part III of the Constitution of India. It also
functions as an effective instrument for changes in the society or social welfare.
Through public interest litigation, any public or person can seek remedy on behalf
of the oppressed class by introducing a PIL.
Parties against whom PILs can be filed
A PIL may be filed against state government, central government, municipal
authority, private party. Also, private person may be included in PIL as
‘Respondent’, after concerned of state authority. i.e. a private factory in Mumbai
which is causing pollution then public interest litigation can be filed against
government of Mumbai, state pollution central board including that private factory
of Mumbai.
Filing a PIL under article 32, 226 Constitution of India or section 133
Cr. P. C.
The court must be satisfied that the Writ petition fulfills some basic needs for PIL
as the letter is addressed by the aggrieved person, public spirited individual and a
social action group for the enforcement of legal or Constitutional rights to any

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person who are not able to approach the court for redress. Any citizen can file a
public case by filing a petition:

 Under Art 32 of the Indian Constitution, in the Supreme Court.

 Under Art 226 of the Indian Constitution, in the High Court.
 Under sec. 133 of the Criminal Procedure Code, in a magistrate's court.

Suggestions to prevent the abuse of the concept of PIL

In the opinion of former Attorney General, Soli Sorabji, three basic rules should be
followed in order to regulate the filing of Public Interest Litigations. They are:

 Not hearing uncertain and doubtful PILs and rejecting them at the beginning
itself. Also, it is suggested to impose high costs on them so that they act as a
deterrent in the future.
 Petitions which are directed against some socio-economic regulation or
important project after a long time should be outright rejected by applying
the general rules of litigation. 
 In order to gain trust, PIL practitioners should be asked to provide assurance
in the form of undertaking to the court that they would recover the damages,
in case the PIL is dismissed. 

1. The media should highlight cases of abuse of PIL, just as much as it glorifies
the concept of PIL and its success. By conducting various kinds of programs
and through means of visual media, it can spread awareness about the abuse
of PIL and the punishment given to such petitioners to create a deterrent
effect on others. 
2. Lawyers should actively refuse to represent such malicious petitioners.
Discipline and ethics should be strongly emphasized in the profession and
lawyers should not take up to defend such causes which abuse the PIL. 
3. The court should check that the reason for the filing of the petition is bona
fide and is not backed by private interests. It should serve the manipulated or
corrupt. 

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Landmark PIL cases

Vishaka v. State of Rajasthan

The case fought against sexual harassment in the workplace and was filed by
Bhanwari Devi, who, after trying to stop the marriage of a one year old girl in rural
Rajasthan, was raped by five men. She faced numerous problems when she (Devi)
attempted to seek justice. Naina Kapoor decided to initiate a PIL to challenge
sexual harassment at workplace in the Supreme Courts.
The judgement of the case recognized sexual harassment as a violation of the
fundamental constitutional rights of Articles 14, 15, and 21. The guidelines also
directed for sexual harassment prevention.

M.C. Mehta vs Union of India

MC Mehta filed a Public Interest Litigation for escape for poisonous gasses by a plant in in
Bhopal.The court in this case extended the scope Article 21 and 32 of the Constitution of India.
The case is also famous as Bhopal Gas Tragedy.

M.C Mehta filed a PIL under Articles 21 and 32 of the Constitution and sought closure and
relocation of the Shriram Caustic Chlorine and Sulphuric Acid Plant which was located in a
thickly populated area of Delhi.

Factories were closed down immediately as Inspector of Factories and Commissioner (Factories)
issued separate orders dated December 8 and 24, 1985 . This incident took place only a few
months before Environment (Protection) Act came into force, thus became a guiding force for
having an effective law like this.

M.C. Mehta vs Union of India and Others (1988) 1 SCC 471

(Ganga Water Pollution Case)- Despite of sufficient provisions under the water act, the Kanpur
Mahapalika did not take necessary steps to prevent pollution. SC issued directions to it for the
same. Held rights of people residing near Ganga must be protected against pollution.

This case was against those who were polluting the Ganga river. The case was filed by the
notable environmental attorney M.C.Mehta where he fought against numerous industries and
cities which mixed the Ganges with effluents and toxic waste. This case made the court to pass

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numerous orders against the industries to set up a sewage treatment plant. The cities and towns
were also made to follow strict guidelines. Many numbers of industries were made to relocate.
Thus, this case is considered to be one of the important cases in the history of PILs.

The judgement delivered on January 12, 1988 lashed out at civic authorities for allowing
untreated sewage from Kanpur’s tanneries to make its way into the Ganges.

The court passed three landmark judgments and a number of Orders against polluting industries,
numbering more than 50,000 in the Ganga basin, from time to time. In this case, apart from
industries, more than 250 towns and cities also had to set up sewage treatment plants.

600 tanneries operated in a highly congested residential area of Kolkata. The ruling shifted them
out of the city and relocated them to a planned leather complex in West Bengal. The Court
closed down several industries, allowing them to reopen only after setting up effluent treatment
plants and controlled pollution. As a result, millions of people escaped air and water pollution in
the Ganga basin, covering eight states in India.

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CONCLUSION

The full form of PIL is Public Interest Litigation. It refers to the law action or use of legislation to
encourage or increase the question of public concern for equality and human rights. It is often a
government-interest legal action or other act for the public’s good. Judicial proceedings shall be
brought before a court of law to exercise the interests of the public or the general welfare, or where
the legal rights or liabilities of individuals are affected. A PIL may be filed by any person or a group of
individuals.

 PIL is implemented as a procedure that reflects on the country’s people and encourages the
public to engage in regulatory action judicial review to enable the judicial system more
democratic.
 Its main goal is to protect the citizens of the nation by pursuing legal action for their
advantage and to lift the cause of minorities and marginalised individuals or groups.
 Instead of impacting a specific individual, it gives average citizens access to the law to seek
legal redress for a more serious concern that has a broader public interest or affects the
population at large.
 For personal benefit, it may not be mentioned. It will take the burden and nominate a lawyer
to battle the case if the court feels that the PIL has public importance.
 So, we may claim that in India, the judiciary enables a person or group of individuals to start
litigation only by presenting a letter to a judge.
 It is necessary to file a PIL directly before the Supreme Court or the High Court.
 It is a privilege given to persons to advocate a public cause by requesting judicial relief from
public injury or interest of the public concerns such as road safety, hazardous conditions,
building risks, and so on.

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BIBLIOGRAPHY
BOOK

Professional ethics (cla)

Professional ethics (lexis nexis )

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