Unit 2 of Practical Training – I: Professional Ethics and Professional Accounting System (syllabus: Module 2 — Advocates Act s. 49(1)(c); BCI Rules Part VI, Chapter II). Below: what the unit covers, the provisions it turns on, and the cases an examiner expects you to name.
What this unit covers
- Where do the standards of professional conduct and etiquette come from, and what makes them binding?
- What does the Preamble to the code of conduct say, and why does it matter that the rules are not exhaustive?
- What does an advocate owe the court, and what may he do if he has a grievance against a judge?
- Your client tells you mid-trial that he lied on oath and insists you press the lie - what must you do?
- Must an advocate accept every brief, and on what terms may he give one up?
- What may an advocate not take from his client - fee, share, property or file?
- What does an advocate owe the opposite party and his colleagues, and how far does the bar on advertising go?
- The syllabus lists duty to the profession and duty to the public - where in the Rules are they, and what is the duty to render legal aid?
Treat that list as a self-test: recite each topic's rule from memory before you open its cases.
Provisions
- Advocates Act, 1961, s. ss. 7(1)(b), 49(1)(c) with the proviso, 49(2), 35
- Bar Council of India Rules, Part VI, Chapter II, s. Preamble
- Bar Council of India Rules, Part VI, Chapter II, s. Section I, Rules 1 to 10, with Chapter IIIA on the form of address and Chapter IV on dress
- Bar Council of India Rules, Part VI, Chapter II, s. Section I, Rule 4; Section II, Rules 12 and 15
- Bar Council of India Rules, Part VI, Chapter II, s. Section II, Rules 11, 12, 13, 14 and 33
- Bar Council of India Rules, Part VI, Chapter II, s. Section II, Rules 20, 21, 22, 22A, 23 and 24
- Bar Council of India Rules, Part VI, Chapter II, s. Section III, Rules 34 and 35; Section IV, Rules 36 to 39
- Bar Council of India Rules, Part VI, s. Chapter II, Section V, Rule 45, Section VI, Rule 46 and Section VII, Rules 47 to 52, with Chapter III, Rules 1 to 8
Leading cases
- Bar Council of India v A.K. Balaji (Supreme Court
- P.D. Gupta v Ram Murti (Supreme Court
- C. Ravichandran Iyer v Justice A.M. Bhattacharjee (Supreme Court
- D.P. Chadha v Triyugi Narain Mishra (Supreme Court
- R.D. Saxena v Balram Prasad Sharma (Supreme Court
- Bar Council of Maharashtra v M.V. Dabholkar (Supreme Court
- Anees Ahmed v University of Delhi (Delhi High Court
Full case summaries
- Supreme Court Bar Association v Union of India (1998)
- Shambhu Ram Yadav v Hanuman Das Khatry (2001)
- R. Muthukrishnan v Registrar General of the High Court of Judicature at Madras (2019)
- C. Ravichandran Iyer v Justice A.M. Bhattacharjee (1995)