The present work, which was originally published in seven volumes and is now proposed to be published in three, is an all-comprehensive treatise on the ‘Art of Advocacy’. The third volume now issued is entitled “Legal & Professional Ethics—Legal Ethics, Duties & Privileges of a Lawyer”. Chapter on "Glimpses of Professional Misconduct" in the present edition would, no doubt, be a caution especially to junior members at the Bar from many a pitfall in the course of their professional career. It would be simply repetition of the truth to say that the learned author had taken immense trouble and patience in compiling the matter from different sources thus making the book a unique and of superb utility for both the Bench and the Bar.
It has been the aim of the authors to collect in this short volume the experiences of some of the great and successful advocates in the East and the West. They have refrained as far as possible, from laying down rules and principles at any great length. Wherever any such principles have to be enunciated, they have been done so by citing them in the choice words of the best and acknowledged writers on the subject. But they have preferred imparting instruction by illustrations rather than by exposition.
The present literature is a great service to the members of the profession to bring together and exhibit “the principles and methods adopted by the acknowledged masters of the art of advocacy with illustrations from well-known cases.
ADVOCACY SERIES—VOLUME III
PROFESSIONAL ETHICS
DUTIES & PRIVILEGES OF A LAWYER
ARRANGEMENT OF SUBJECT
General Contents
PAGE
Arrangement of Subject
CHAPTER I
INTRODUCTORY
Profession of Law. Its antiquity 6
Its high standard. 7
Best intellects of all ages take to Law 10
The rule as to hearing the other side. Essence of Advocacy. Its necessity. 11
Intellect and nobility of the legal profession 12
Necessity for maintaining a high level of morality. 12
The lawyer in popular estimation. 13
A plea for the profession of law extreme case 15
The Social Value of the Lawyer. Popular estimation misconcieved 19
Firmness and Devotion to Duty, 20
Power and privilege of advising judge and jury, is a special gift of the chosen few. 20
Devotion to duty even against odds. 21
Illustrative cases. Rousseau’s defence of the negroes in the Joyce murder trial. 21
Rousseau's conduct at the critical moment. 21
Cases that cause anxiety and trouble to the profession. 22
Curing Society of its evils. 22
“Post of danger is post of honour.” 23
Heroic defence of Negro suspects. 23
Advocate placed in embarrassing circumstances by conduct of client. 24
Injured husband shielding wife’s honour. 24
Tells a lie and owns it. 24
Genius of eloquence bursting the bonds of pedantry. 25
How Dean’s fame as an advocate and orator began 27
The Philadelphia Lawyer—Hamiltons defence of the Liberty of the Press. 28
Advocacy as an Art. Discovery of truth. 30
“Oh, Susanna”—History’s Outstanding Cross examination. 30
CHAPTER II
PROFESSION OF LAW
1. A Noble Profession. 33
2. “Advocacy: A Noble Profession.” 35
(a Service to Nation 35
(b) Service to Society 36
(c) Service to Court and Government. 36
3. Portrait of a lawyer. 37
4. Profession of Advocacy is most ancient. 38
5. In ancient Greece. 39
6. In ancient Rome. 39
7. Advocacy in ancient Rome illustrated from the defence of Roscius by Cicero. 40
8. Tact. 42
9. Equipment of an Advocate. 42
10. Highest Professional duty. 43
11. About profession of law. 45
12. Source of Professional Conduct. 45
13. Condition of enrolment as an Advocate 47
14. Freedom of expression and duty of Advocate : 53
15. Role of the Bar Council of Bar Associations - Whether unconstitutional? 54
16. Expression “to appear” must be given wider Meaning 54
CHAPTER III
NECESSITY FOR A CODE OF LEGAL ETHICS
59
CHAPTER IV
A CODE OF LEGAL ETHICS
“A Lawyer's Ten Commandments” 70
The Code of Ethics of the American Bar Association 74
5. The Code of Legal Ethics of the Bar Association of San Francisco 81
A Code of Ethics Adopted in Another American State 86
Questions Answered 97
CHAPTER V
BAR COUNCIL OF INDIA RULES
Chapter II—Standard of Professional Conduct and Etiquitte 103
Preamble. 103
Section I—Duty to the Court 103
Section II—Duty to the Client 104
Section III—Duty to Opponent 107
Section IV—Duty to Colleagues 107
Section V—Duty in Imparting Training 107
Section VI—Duty to Render Legal Aid 107
Section VII—Restriction on their Employments 107
Chapter III—Conditions for right to practice 108
Advocates (Right to Take Up Law Teaching) Rules, 1979 109
Relevant Supreme Court Bar Association Rules 109
Lectures by Eminent Judges and Advocates on Professional Ethics 110
CHAPTER VI
PROFESSIONAL CONDUCT AND ADVOCACY
1. Professional Conduct and Advocacy 111
2. Professional Conduct and Advocacy By E. Venkatesam Judge, A.P. High Court 119
3. “Professional Ethics” 121
4. Professional Ethics 128
5. Ethics and Discipline in the Legal Profession 131
6. Lecture on Professional Ethics 136
Why is the profession of law called learned and noble? 137
7. Professional Conduct 140
8. “Professional Ethics” 143
9. The Art of a Lawyer 145
10. Best Traditions of the Bar 152
Duty to Oneself 157
CHAPTER VII
SANCTION FOR AN ETHICAL CODE
159
CHAPTER VIII
LAWYERS’ DEVOTION TO DUTY
161
CHAPTER IX
CHARACTER AND COURAGE OF CONVICTION
165
CHAPTER X
DISCHARGE OF DUTY UNDER DIFFICULT
CIRCUMSTANCES
171
CHAPTER XI
LAW AND MORALITY
177
CHAPTER XII
FOLLOWING THE DICTATES OF CONSCENCE
(IN THE PRACTICE OF LAW)
181
CHAPTER XIII
SEARCH FOR TRUTH AS THE IDEAL OF THE LAWYER
187
CHAPTER XIV
LAWYERS AND LEGISLATION
199
CHAPTER XV
LOYALTY TO LAW AND LIMITATIONS OF RULE
209
CHAPTER XVI
DUTY OF COUNSEL IN TAKING INSTRUCTIONS
FROM THE CLIENTS
217
CHAPTER XVII
DUTY OF COUNSEL IN ADVISING ON LITIGATION
225
CHAPTER XVIII
DUTY OF COUNSEL IN PROMOTING COMPROMISE
233
CHAPTER XIX
DUTY OF COUNSEL IN ACCEPTING ENGAGEMENTS
237
CHAPTER XX
DUTY OF COUNSEL WHEN ENGAGED FOR THE PROSECUTION OR IN DEFENCE OF THE ACCUSED
Duty of Government Counsel. 247
Conduct of prosecution. 247
CHAPTER XXI
DUTY OF THE ADVOCATE IN DEFENCE OF THE GUILTY
(CAN THE LAWYER DEFEND A PERSON
KNOWN TO BE GUILTY ?)
249
CHAPTER XXII
DUTY OF COUNSEL IN ACTING FOR A POOR CLIENT
267
CHAPTER XXIII
DUTY OF COUNSEL IN MATTERS OF LEGAL TECHNICALITIES
(LITIGATION ABOUT TRIFLES)
271
CHAPTER XXIV
DUTY OF COUNSEL TO CLIENT
Acceptance or refusal of a brief. 288
Adjustment of fee. 288
Client’s money. 289
Abuse of fiduciary position. 289
Trafficking in actionable claims. 290
Abusing the fiduciary position. 290
Abuse of privileges. 290
Counsel not to appear for opposite party at later stage. 290
Conflict of interest. 293
Multiple clients. 294
Arguments. 294
Counsel as a witness. 295
Withholding of files. 295
Withholding of amount. 296
Duties a counsel to perform in his own inimitable manner 296
Right of attorney 297
Misappropriation of client’s money is an act of grove misconduct 298
CHAPTER XXV
DUTY OF COUNSEL TO THE OPPONENT
301
CHAPTER XXVI
DUTY OF ADVOCATE TO OPPOSING COUNSEL
303
CHAPTER XXVII
DUTY OF COUNSEL TO HIS COLLEAGUES
Duty to the profession. 315
Soliciting work and Advertising. 316
Spirit of brotherhood. 316
CHAPTER XXVIII
DUTY OF COUNSEL TO HIMSELF
Boycott of courts. 324
Bidding at court auctions. 325
Certification of title. 325
Behaviour in the Court. 325
CHAPTER XXIX
DUTY TO COURT
1. Detachment from the cause. 344
2. Right to address fearlessly. 344
3. Duty to receive judgment. 345
4. Showing temper or use of unbecoming language. 345
5. Scope and meaning of ‘misbehaviour’ in Article 124(4) of Constitution 346
6. Impeachment to use insulting language 347
7. Right of advocate to plead without Vakalatnama—Permission of Court whether necessary 347
CHAPTER XXX
THE JUNIOR BAR
Relations between senior and junior advocates. 356
Sharing of arguments. 374
Matters involving huge stake. 374
Placement bureau and special fund. 375
Problems peculiar to the Supreme Court Bar. 375
Duty of a junior to the senior. 375
Conclusion. 376
CHAPTER XXXI
COUNSEL GIVING HIS OWN OPINION ABOUT
THE MERITS OF THE CASE
377
CHAPTER XXXII
DUTY OF ADVOCATE TO THE STATE AND
THE PUBLIC
383
CHAPTER XXXIII
DUTIES OF JUDGES
1. Primacy of the Chief Justice of India 413
2. Duty of the Judge to maintain high standard of conduct its judicial individualism—Whether protection imperative? 415
3. Judicial individualism—Whether needs protection? 415
4. Legality of a Judgement 416
CHAPTER XXXIV
DUTY OF COUNSEL TO AVOID LAW’S DELAY
419
CHAPTER XXXV
LEGAL FEES
435
CHAPTER XXXVI
CONTEMPT OF COURT
Criminal Contempt—Punishment 449
Right to practice 467
CHAPTER XXXVII
CASES OF PROFESSIONAL MISCONDUCT
Facts of the Case 471
Before the Tribunal 472
Before the Court 472
The Finding 472
The verdict 473
Disciplinary proceedings 497
False and Malicious allegations against member of legal profession 499
CHAPTER XXXVIII
THE UNPROTECTED LAWYER
501
Subject Index 511
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