Professional Conduct and Etiquettes

-Mithelesh DK
BA0130038

Introduction:

The nobility of the legal profession is maintained by the adherence and observance of a set of
professional norms by those who adopt this profession. It is knows as legal ethics or the
ethics of the legal profession. The fundamental of the legal ethics is to maintain the owner
and dignity of the law profession, to secure a spirit of friendly cooperation between Bench
and Bar in the promotion of highest standard of justice, to establish honorable and fair
dealings of the counsel with his client, opponent and witness, to establish a spirit of
brotherhood with bar.

As contempt of court is a part of the syllabus, contempt of the court is a serious challenge to
the majesty of law. Sometimes it is committed in ignorance that is condemner has no
knowledge as to the meaning of contempt. At the same time a definitions of the expression
contempt of court is of much utility, but there is clear and definite definition of this term. In
common parlance it can be said that it is an act or omission which interferes with the
administration of justice, disobedience to order of the court or breach of undertaking given to
court, it will amount to contempt of court only when the disobedience or breach is willful.

The Bar and Bench play important role in the administration of justice. The judges administer
the law with the assistance of the lawyers. The lawyers are the officers of the court. They are
expected to assist the court in the administration of justice. As the officers of the court the
lawyers are required to maintain toward the court respectful attitude bearing in mind that the
dignity of the judicial office is essential for the survival of the society mutual respect is
necessary for the maintenance o the cordial relations between the Bench and Bar.

Key words: Professional Norms, Contempt of court, legal ethics, cordial relations, officers to
the court.

Research Objectives:

To know the dos and donts of an advocate before the Honble Court of Law.
 To know the procedures and remedies for the misconduct of an advocate.
To understand the cases with respect to misconduct and breach of required Etiquettes
in the Court of Law.

Research questions:

Whether breach of any mentioned conduct of an advocate leads to any effect on the
profession in the long run?
What the rules and regulations (statutes) in this regard?

Research Methodology:

It is purely doctrinal in nature. The researcher intends to analyse necessary conduct and
Etiquette that is to be fulfilled by an advocate and the different cases with respect to
professional conduct of an advocates before the Court of Law.

Literature Review:

1. Mr. Justice Sathasivam ,Duties and Conduct of Advocates, available at

http://www.legalblog.in/2011/05/duties-and-conduct-of-advocates-supreme.html
This article gives me a great insight and opinion from a judges perspective what the
important points are to this subject and what judges are expecting from advocates in
the Court of law. In the later part of this article, O.P. Sharma v. High Court of Punjab
& Haryana case has been taken an illustration in favour of this article.
2. Standards of Professional Conduct and Etiquette to be Observed by Advocates,
available at
http://delhihighcourt.nic.in/writereaddata/upload/CourtRules/CourtRuleFile_X09D4F6E.PDF
In this Article Section 49(1) (c) of the Advocates act, 1961 has been discussed and
overview of the same is given.
3. Mr. Justice F.M Ibrahim Kalifulla, Legal profession: Challenges and prospects,
available at http://www.tnsja.tn.nic.in/Article/Legal%20Profession%20Challenges-
FMIKJ.pdf.
This article gives me a great insight and deep knowledge in this subject matter. This
article also gives me a perspective from the bench side and the importance of
following etiquettes in the court of law.