The Bar Council Code of Ethics is a set of professional standards prescribed by the Bar Council of India under the Advocates Act, 1961, which governs the conduct of advocates across the country. These ethical standards ensure that advocates uphold the dignity of the legal profession, maintain integrity, and serve justice with honesty and fairness.
Legal Basis of the Code of Ethics
- The Bar Council of India (BCI) is empowered under Section 49(1)(c) of the Advocates Act, 1961 to frame rules regarding standards of professional conduct and etiquette.
- These rules are binding on all advocates enrolled with any State Bar Council in India.
- Violation of the Code can lead to disciplinary action, including suspension or removal from the roll of advocates.
Objectives of the Bar Council Code of Ethics
- To maintain professional discipline and integrity in the legal profession.
- To protect the dignity of courts and ensure proper conduct of proceedings.
- To promote fair and just representation of clients.
- To safeguard the independence of the Bar.
- To ensure public confidence in the legal system.
Key Principles under the Bar Council Code of Ethics
1. Duties of an Advocate Towards the Court
- Must maintain respect for the court and judicial officers.
- Should not influence the court by illegal or improper means.
- Must not use derogatory or offensive language in court.
- Should conduct themselves with dignity and decorum.
- Must not engage in private communications with judges concerning pending cases.
2. Duties Towards the Client
- Must maintain confidentiality and privileged communication.
- Should act in the best interest of the client.
- Must not disclose adverse facts unless legally required.
- Should not accept briefs where conflict of interest arises.
- Must charge reasonable fees and avoid exploitation.
3. Duties Towards Opponent Lawyers
- Must behave with professional courtesy and fairness.
- Should not engage in unfair or aggressive tactics.
- Should avoid personal remarks against fellow advocates.
4. Duties Towards the Public and Society
- Must work to uphold justice, fairness, and truth.
- Should not engage in conduct that brings disrepute to the legal profession.
- Should offer legal aid to the poor and marginalized when possible.
5. Prohibition Against Advertisement and Solicitation
- Advocates are prohibited from advertising their services.
- Cannot solicit clients through direct or indirect means like social media ads, pamphlets, or commissions.
6. Duties Towards Colleagues
- Advocates must respect seniors and support juniors.
- Should not attempt to take over cases handled by another advocate unless properly discharged.
Consequences of Breach of Code of Ethics
- Complaints against advocates for misconduct or violation of the Code are handled by the Disciplinary Committees of State Bar Councils.
- Punishments can include:
- Reprimand
- Suspension
- Removal from practice
Important Case Laws
- O.P. Sharma v. High Court of Punjab and Haryana (2011)
Reiterated that advocates must uphold dignity and decorum of court and follow ethical standards strictly. - Ex-Capt. Harish Uppal v. Union of India (2003)
Held that strikes by lawyers are unethical and against the Code of Conduct.