Course Title: Practical Training – I Professional Ethics and Professional Accounting System

Credits: 4

Semester I LLB and Semester V BA LLB

Course Objectives:

Professional legal education cannot be sans practical aspects. This course is as prescribed by the Bar Council of India (BCI) as a compulsory clinical course. The objective of this course is to equip the students with the knowledge about the Bar, enrolment into the Bar, different terminology used to refer to practitioners of law, Bar Councils under the Advocates Act, qualities of a good lawyer, Right to practice and privileges, The course is designed to imbibe in students the values forming the basis of the profession so that they can live up to those standards in their professional life and hence includes BCI laid down professional ethics and the disciplinary powers of Bar Council over the advocates for misconduct in the teaching- learning of this course. The course aims at providing an insight into the Contempt of Courts Act, 1971 as prescribed by BCI. The course endeavours to teach the bar- bench relations and accountancy for lawyers.

Course Outcomes:

After the completion of this course the student will be able to:

  1. Understand the eligibility and procedure for enrolment and required ethical standards of the legal profession.
  2. Distinguish between the different kinds of lawyers and their roles
  3. Know the qualities of a good lawyer, privileges of a lawyer and the right to practice
  4. Know duties of advocates and the rules of legal professionalism
  5. Know professional misconduct and powers and procedure for disciplinary action against erring advocates
  6. Know and apply the contempt of court law and basic accountancy required for advocates

Module 1:

  1. Enrolment of Lawyers- Qualifications prescribed u/s 24 of the Advocates Act 1961and procedure
  2. Common Terminology: Solicitor, Advocate, Lawyer, Senior Counsel, Junior Counsel, Legal Practitioners, Barrister, AOR, Amicus Curie
  3. Seven Lamps of Advocacy: Honesty, Courage, Industry, Wit, Eloquence, Judgment and Fellowship
  4. The Bar Council of India and the State Bar Council- Constitution, Powers and Functions
  5. Privileges of a lawyer- Salient features of the Advocates Act, 1961
  6. Right to Practice
  7. Designation as Senior Counsel: Indira Jaising v/s SC of India (SC 2017)

Module 2:

  1. Professional Ethics- Power of Bar Council of India, Meaning and Standards of professional conduct and etiquette
  2. Duties
    • Duty to the court
    • Duty to the client
    • Duty to the opponent
    • Duty to the profession
    • Duty to the colleagues
    • Duty to public, state and society
  3. Duty to Render Legal Aid

Module 3:

  1. Professional Misconduct
  2. Punishment for misconduct
  3. Remedies against the order of punishment
  4. 4 Review by the State Bar Council of its own order
  5. Disciplinary Committee of the State Bar Council- Organisation and powers and procedure
  6. Disciplinary Committee of the Bar Council of India- Organisation and powers and procedure
  7. Transfer of proceedings from the State Bar Council to the Bar Council of India 3.8 Selected opinions of the Disciplinary Committee of Bar Councils and Major Judgments of the Supreme Court on the subject.

Module 4:

  1. The Contempt Law and Practice- Articles 129 and 215 of the Constitution of India, Contempt of Courts Act, 1971
  2. Bar Bench relations – Role of the Bar to Strengthen Bar-Bench Relations
  3. Accountancy for Lawyers i. Amount due to the client or amount due by the client; ii.Penalty for not keeping Account Books; iii. Bar council Rules relating to accounting. iv. Basic principles of accounting, financial statements, balance sheet, income statement

Recommended Readings:

  • Mr. Krishnamurthy Iyer‘s book on ―Advocacy
  • Professional Conduct and Advocacy B S Raman
  • Advocates Act, 1961
  • Contempt of Courts Act, 1971
  • N R Madhava Menon, (ed,) – Clinical Legal Education (1998),
  • Dr B Malik, (Ed) Art of Lawyer (New Delhi, Universal Book Agency, 1999)

The practice of law is a noble profession

  • Abraham Lincoln

A lawyer should be a good citizen, a good neighbour, and a good friend

  • Edward Coke

Ethics is knowing the difference between what you have a right to do and what is right to do.

– Potter Stewart

A lawyer is someone who knows the law so well that they can twist it to their advantage.

– Will Rogers

Law is the embodiment of the moral sentiment of the people.

– William Blackstone