ย 
Search

ETHICS AND MORALITY AMONG LEGAL PROFESSION



INTRODUCTION


This research discusses about legal profession, it plays the important role in administrative area of justice towards our society. It contributes for the country in the best possible manner with high morals and ethics. It plays a very important role for becoming successful lawyer. It also discuss about the ethics of lawyers, duties toward court and client, opponents and colleagues.


The literal meaning of ethics is โ€œIt is study of human behavior of what is wrong ad right towards the society.โ€ [1]Ethics is a branch of philosophy that is concerned with human conduct more specifically the behavior of individual in society. It examines the moral value and rational justifications. Ethics reflects the human conduct and their interaction with other human beings and nature. It is a branch of philosophy deals with different aspects like moral duty and obligation. Moral thing do with the situation where there are conflicting in society.

[2]As per the black law dictionary legal ethics also termed as etiquette of the profession, refer to the minimum standard of appropriate conduct within the legal profession.


It is the concept what is the right and wrong among the society. What is acceptable or

unacceptable conduct in society โ€“ knownโ€™s a moral attitude. It is the moral associated with social attributes. The moral rule will tend to feel the certain sentiment known as virtue and if disobeys the morality rules and tend to feel guilty. Rules governing human behavior which apply universally within a community or class, it is a code of behavior that is innate and classed by a human being it is sometimes different from the subdivision group of the society. [3]Justice P.N Sapru has stated that, โ€œjustification for the existence to the counsel is that each side to the controversy should be in a position to present its case before an impartial tribunal in the best and most effective manner possible.โ€


LAW IN ANCIENT PERIOD


In ancient period of time only the king is decide the case according to law. The law which was there earlier includes many facts and spectrums which included the Custom, Shastras, Smritis, dharma, rule of law, etc. The maintenance of Rule of law in modern society is (sine qua non means an essential condition) for survival of the democracy of the India.

After a long time legal terms are stop the wrong public institution under the society and law prescribed different rules and different punishments. Ethics and morals are defined as a code of conduct written or unwritten form for practicing a lawyer it describes the profession conduct of the bar.

LAWYER AND CLIENT RELATIONSHIP


Lawyer and client relationship too has various aspects and designation some points are mentioned below:


1. Lawyer under a duty to act as per his potential and guide the client n best possible manner. The action must be very diligent and must be completed in proper time bond.


2. Lawyer treats the client very fairly. Lawyer avoids the conflict of work and not engages with more than one client in some matter.


3. Lawyer ensures the availability. Lawyer does his/her duties in very sincere manner.


4. At every point of time the client should update the information and lawyer taken the step with best possible manner.


5. Lawyer advice his client and behave in very polite manner. Use easy language so the client understands the case very easily.


6. Lawyer act as the faith and trust of the client.


7. Lawyer maintains the decorum. Always should maintain the confidentially of the document and discussion and completed the task till a reasonable time.


[4]Principle 14 of the UNโ€™s basic principles on the role of lawyer says โ€œlawyer in protecting the rights of their client and in promoting the cause of justice, shall seek to upload human rights and fundamental freedoms recognized by national and international law and shall at all the time act fairly and diligently in accordance with the law and recognized standards and ethics of the legal professionals.โ€


IMPORTANCE OF LEGAL PROFESSION


The lawyer plays an important role in maintenance of peace in the society. They always stand for legal orders which are one of the noblest functions in our society. It is foremost function of the bar of the advocate to fulfill the desire of their client by providing them fair and equal justice to every human being on the earth.


An advocate is an officer of the court and a respectful attitude towards the court this is made for public welfare of the society. They not making money for self benefit but provide justice to the right person. Advise to the law reform and promote proper enthusiasm and support it.


It is not a money making occupation but a branch of administrative work. [5]The Supreme Court has rightly observed that the legal profession is a partner with the judiciary in the administration of justice.


CONCLUSION


To conclude the above mentioned points the professional ethics are turned as duties of to be followed by the every legal professional. These are not only duties to be performed because bar council made the rules these are the basic modus which is very important for daily life. The fundamental objective of legal ethics is to maintain an order and dignity of legal profession to secure the friendly and harmony, cooperation with client. Legal profession is the keystone of the court. It is not a business profession.


This profession to be honest and work in right direction, the advocate who does not work with sincerity and they always follow the code of conduct. The two things which required are:


1. Members are organized and perform their functions.


2. Maintain the ethical and moral dignity of their profession.


References: -

[1] www.canada.ca

[2] Indialegallive.com

[3] The art of advocacy, edited by chief justice Dr. B.mallik,p325

[4] Indialegallive.com

[5] www.pathlegal.in



Author ~Shraddha Sharma

BA.LLB (H), 6th Semester

Amity Law School, Amity University Raipur (Chhattisgarh).

129 views0 comments