SWAPNIL DUTT VYAS, Author
SWAPNIL DUTT VYAS holds a Triple MBA in Finance, Marketing, and Insurance from a top AICTE-approved university in India, Read More
ABSTRACT
Legal and professional ethics impose significant duties on counsel to ensure the fair administration of justice, protect client interests, and uphold the integrity of the legal profession. These duties are categorized into obligations toward clients, the court, the profession, and society.
Counsel owes a duty of loyalty and confidentiality to their clients, ensuring that legal advice is given in the best interest of the client while maintaining privileged communication. They must provide competent and diligent representation, avoiding conflicts of interest and acting with honesty and integrity.
Toward the court, counsel is expected to demonstrate candor and fairness, ensuring that legal arguments are made in good faith and that misleading the court is strictly avoided. They have a duty to promote the rule of law and the efficient administration of justice.
Ethical duties toward the profession include maintaining decorum, avoiding misconduct, and fostering respect for the legal system. Counsel must also engage in continued legal education and mentorship to enhance the profession’s standards.
Additionally, counsel has a duty to society, advocating for justice, ensuring access to legal representation, and promoting the public’s confidence in the legal system. This includes pro bono work, legal reforms, and fighting against corruption and injustice.
These ethical duties are enshrined in professional codes of conduct and legal regulations worldwide. Failure to adhere to them may result in disciplinary actions, professional sanctions, or even disbarment. Adherence to these duties ensures that counsel serves as a key pillar in the justice system, balancing zealous advocacy with ethical responsibility.
Key words:- Ethics , candor , fairness , duties,
Prologue
Duties of Counsel under legal and professional ethics creats a comprehensive set of responsibilities to their clients, the court, and the legal system, mandating conduct that is not only legally compliant but also morally upholding confidentiality, acting with integrity, diligently representing clients’ interests, and maintaining a high standard of professionalism in all interactions, ensuring fair legal proceedings .he legal profession is founded on principles of integrity, justice, and fairness, making ethical conduct an essential aspect of a lawyer’s role. Counsel, as officers of the court and representatives of clients have a dual responsibility to advocate zealously for their clients maintaining the rule of law and the administration of justice. The duties of advocat designed to balance these responsibilities, ensuring that legal practice is conducted with honesty, competence, and respect for legal norms.
These duties extend with different aspects including clients, the court, the legal profession, and society. A lawyer must maintain confidentiality, loyalty, and diligence in client representation while ensuring that they act with clear responsibility before the court. Additionally, ethical obligations require counsel to maintain professionalism, avoid conflicts of interest, and contribute to the integrity of the legal system.
Ethical rules and professional conduct guidelines are established by legal bar associations and governing bodies worldwide to regulate lawyers’ conduct. Violations of these duties can lead to serious consequences, including disciplinary actions, reputational damage, and even disbarment.
This paper examines the fundamental duties of counsel under legal and professional ethics, highlighting their significance in promoting justice, maintaining public trust in the legal system, and ensuring that legal practitioners adhere to the highest ethical standards.
- Duties of counsel in taking instructions from the clients:- Encourage to tell all of importance that he knows, the clients must be question sharply and discover the truth for client, advocate must exhaust there favorable and unfavorable knowledge with client, gives there clients the best out of you, the fruits of your industry, protection of the interest of client.
- Duties of counsel in advising on litigation :- Avoiding encouraging foolish litigation , advising client for making or reserving has plea, conduct the cause of his client to the utmost of his skill and understanding.
- Duty to the profession:- Keep up the best traditions of the bar do not pursue your profession in spirit of competition and rivalry with your brethren ,do not underbid, do not indulge in scandalmongering about a brother lawyer, keep your senior with respect and show sympathy and kindness to your juniors. The cause of the client and the interests of justice are all best serve by loyal and cordial cooperation between leader and junior.
- Duty to yourself:- Duty that you own to yourself ,self respecting independence in discharge of your professional duty ,make your business your pleasure, his duty to strive to accomplish the interests , a gentle smile and make enable to get out awkward situation, always professional good conduct, fair and equitable.
- Duties of counsel in promoting compromise:- The duty of counsel or solicitor to effect a settlement or compromise is great.
- Duties of counsel in accepting engagements:- duty of lawyer to accept proper professional engagements , and accomplish the interest of his client.
- Duties of counsel when engaged for the prosecution or in defense of the accused:- prove the innocence of the accused and do not divulge any thing without the consent of the accused. And avoid the unfair litigation.
- Duties of counsel in defense of the guilty:- To save that client by all means and expedients and at all hoards and costs to other person.it shall be the duty of an advocate fearlessly to uphold the interest of his client.
- Duties of counsel in acting for a poor client:-free legal assistance to the indigent and oppresses is one highest obligation of advocate and make best effort from The side of client constitution provide equality before the law and give full assistance to poor client .
- Duties of counsel to client[1]:- obtain full knowledge of his client, full and frank disclosure to his client disclose the client all circumstances ,fair and honorable mean to obtain, advocate should avoid controversies with clients regarding compensation, should not encourage illegal transaction, should give his best opinion accordingly to the best of his ability can nor purchase property from his client
- Duties of counsel to the opponent :- Advocate should just and fair to opposite party ,morally and professionally wrong to mislead an opponent, advocate shall do his best to carry out all legitimated promises made to the opposite party.
- Duties of counsel to his colleagues :- An advocate has to keep up the best traditions of the bar .advocate always ready to help his brethren, maintain his dignity even outside the court as per rule 36 of the BCI advocate should not solicit work by advertisement. A lawyer should do every thing to encourage the spirit of comradeship and brotherhood. Advocate should be courteous and respectful to others. Advocate will not appear in any case in which already vakalatnama or memo of appearance filed by an advocate engaged. Advocate shall not solicit work or advertise by circular ,newspaper ,advocate sign board, name plate should be in reasonable.
- Duties of counsel to himself :- A good lawyer must be good man ,resolute moral strength, keep proper books of account of client s,
- Duty to court :- Conduct of the advocate to wards the court fair ,maintain dignity, and advocate required to maintain respectful attitude and self respect to wards the court , will not influence the decision of a court by any illegal or improper mean, advocate shall appear in prescribed dress, shall not influence the decision of court by any illegal or improper means, advocate shall not use scurrilous and intemperate language during arguments in court. Advocate duty that present in court to take judgement when it is being pronounced , should never display temper in court because of an adverse ruling or decision ,an advocate must have liberty to decide what facts he will place before, advocate shall not appear on behalf of if have relation ship with as father, son, grand son ,uncle, brother, nephew, first cousin, husband, son in law, father in law, sister in law, mother in law.
- Duty in Imparting training :-imparting training in law under the rules prescribed by a state bar council to enable such person to qualify for enrollment under the advocate act 1961.
- Duty to render legal aid[2]:- duty of advocate free legal assistance to the indigent and oppressed is one of the highest obligation
- Duty of advocate to the state and public :- endeavour to win the confidence and the good will of his fellow citizens, lawyer should have honesty,learning prudence and patriotism
- Restriction on the employment :-Advocate personally will not engage in any business, advocate may be director or chairman of the board of director of the company but advocate may not be managing director or secretory of company. Advocate may not be full time salary employee of company firm corporation so long as continues to practice.
Epilogue
In conclusion, a counsel’s primary duty under legal and professional ethics is to represent their client diligently and with utmost loyalty, upholding the principles of confidentiality, integrity, and competence while adhering to the law, acting with fairness towards opposing counsel, and maintaining the dignity of the court, ensuring that their conduct always prioritizes the pursuit of justice within ethical boundaries.
The duties of counsel under legal and professional ethics are fundamental to ensuring justice, fairness, and the integrity of the legal profession. Lawyers are not only advocates for their clients but also officers of the court and guardians of the law. Their responsibilities include upholding confidentiality, maintaining client loyalty, acting with competence and diligence, and avoiding conflicts of interest. Additionally, they must exhibit honesty, fairness, and respect toward the court, opposing counsel, and third parties.
Adherence to these ethical duties is crucial in preserving public confidence in the legal system. A breach of professional ethics can lead to disciplinary actions, reputational damage, and even legal consequences. Therefore, lawyers must consistently uphold the highest ethical standards, balancing their duty to their clients with their broader responsibilities to justice and society. By doing so, they contribute to a legal system that is fair, transparent, and trustworthy.
[1] Advocates’ Association vs Chief Minister, 1996
[2] Jamshedpur vs State Of Bihar , 1981
