5.

2 Findings
While describing and analyzing all the facts, these are the
findings of the researcher which are concerned to whether
the statements of problems are solved.
Lawyers are the officers of the court and fighter for the
Justice and Judges are the final deliverer of the Justice.
Legal system of a country, peace, justice, life, liberty, and
property of people is totally depended on these two
professionals.
Ethics in law are the matter of the personal behaviors and
inner conscience of the legal
practitioners. Principally ethics are not legally created but
the laws created to regulate the
30
Elayne E. Greenberg, (2011) “
The Globalized
Practice of Law: Part Two
” NYSBA New York Dispute
Resolution Lawyer Vol.4 No.3
http://www.stjohns.edu/sites/default/files/document
s/law/greenberg
-
the
-
ethical
-
compass
-
globalized
-
practice.pdf
(May 26, 2016)
31
Justin Castillo, ((1992).
International Legal Practice in the 1990s: Issues of Law, Policy, and
Professional Ethics
, 82 A
merican
S
ociety Of
I
nternational
L
aw
P
roceedings
272, 283
43
ethical conduct are important to harmonize and settle the
dispute arisen, which are binding in nature.
Every legal system follows certain legal norms, ethics and
the conduct. Although some of
the factors may vary in every legal system but the legal
ethics is the first concern of establishment of justice
universally. In this way the legal ethics are universal in
nature.
The practice of a particular rule of ethics may vary.
Legal ethics which are specified by the law are strongly
binding, no matter whether one can follow or not.
While analyzing the cases it is found that,ethics are
knowingly unknowingly violated by the legal practitioners.
Even the judge can be influenced by the circumstance
created by the lawyer.
For the effective implementation code of ethics and
establishment of the justice, it is provided the right to file
suit against the violator of the conduct, although there is
no appeal right for ordinary people (against legal
practitioners) in Bangladesh.
Since the main mechanism to prosecute is the Legal
Practitioner’s Disciplinary Committee which consists the
Chairperson and member among legal practitioners, it is
hard to believe that the prosecution against a legal
practitioner is fair.
It is found that the legal mechanism is adequate to
establish the better highly ethical
justice system, but the Procedural part such as to
investigate, prosecute, implement the
judgments, is weak. We can take the example of the case
Badri Bahadur Karki vs,
CIAA
32
,
in which it was held that Badri Bahadur as Attorney
General can exercise
his
power in certain discretion and this is not questionable.
But it was not found whether
discretionary power was purely exercised under the legal
principle.
There is the problem in most of the legal practitioners that
they don’t find their Roles and
Identity in special. The personal idea, faith, thinking, likes
should not directly affect a
lawyers Role.
Rather there should be the professional, ethical, and legal
basis to act as a lawyer.
32
Supreme Court Full bench, NKP 2058 vol. 5/6 p.239
44
In fact the practice of the ethical behaviors always
depends upon the belief, culture, social
system, education of the practitioner. For example : If a
lawyer is Muslim then he/she
may think abortion as the serious crime, and may
influence a person not to abort in any
condition. Since it is legal to abort in certain cirumtances,
the lawyer may not go through the legal way but may go
through his belief. Similarly the education system of the
different legal system varies.
Chapter
–
VI: Conclusion and Suggestions
Lawyers have played a prominent part, not only
in the freedom struggle, but in earlier
days also, in shaping the Nepalese history. The legal
profession has been aptly summarized by justice P.B
Sawant in an important judgment of the supreme court of
India as follows.
33
” The legal profession in solemn and
serious occupation. It is a noble
calling and all those who belong to it are its honorable
members. Although the entry to
the profession can be had by acquiring merely the
qualification of technical competence,
the honor as a professional has to be mainta
ined by its members by their exemplary
conduct both in and outside the court. The legal
profession is different from other
profession
s
in that what the lawyers do. After not only an individual
but the
administration of justice which is the foundation of ci
vilized society. Both as a leading
member of the intelligent
sia
of the society and as responsible citizen the lawyer has to
conduct himself as a model for others both in his
professional and in his private and
public life.
The society has a right to expec
t of him such ideal behavior”
The profession of law is called a noble profession. It does
not remain noble merely by
calling it as such, unless there is continued corresponding
and expected performance of a
noble profession. Its nobility has to be preserv
ed, protected and promoted. An institution
cannot survive on its name or on its past glory alone. The
glory and greatness of an
institution depend
s on its continued and
mea
ningful p
erformance with grace and dignity.
The profession of law seeing noble and a
n honorable one, it has to continue it’s
me
aningful, useful and purposeful
performance inspired by and keeping in view the high
and rich traditions consistent with its grace, dignity, utility
and prestige.
It is recognized that the ethical rules of the leg
al profession are designed to guarantee the
performance o
f the function of the lawyers. “
In a democratic society, the profession of
lawyers has to be regulated by its members;
consequently, lawyers should respect the
discipline of their own law society or
bar and the practice in accordance with the general
principles governing the profession.”
34
33
Keshav Dayal,
Reflecting of lawyer
, Univers
al law publishing, Co. Pvt. Ltd (
6
)
34
http 8//pdc.ceu.hce
/archieve/00002351/01/full
-
text
_
of
_kyr.
pdf
46
Apart from knowing the importance of professional ethics,
the most important thing
which we should point out is the falling standard in legal
profession in respect o
f
following ethics. Lawyers should not violate their
professional ethics to protect the
dignity and honor of their profession. Therefore we can
conclude that it is necessary to
take corrective steps in time to protect the dignity of legal
profession

Suggestions
From the above finding and analysis I
conclude that the lawyers often fail to follow the
professional ethics as set by national and international
laws.
But in case of judges we
rarely find who violates the code of ethics. May be that is
due to the
role only as an
umpire. The L
awyer code of conduct, 2051 set by national legislation of
Nepal has not
been fully
effectively implemented. Despite that the court is playing
prominent role to
implement the code instead of the other subordinate
bodies like Ba
r association, bar
Council and so on
. Lawyers are not
very
serious about following the code of conduct.
Even we can find some of the renounced lawyers in
whose cases there is biasness in
decisions.
So from this we can see falling standard in legal profess
ion in following
ethics. Therefore for the effective implementation of
lawyers’ code of conduct
and the
Code of conduct of the Judges, in context of Nepal I
have got some recommendations
which are as follows:
1
.
For the effe
ctive implementation of
code of co
nduct, the primary essence is the
sense of internalizing the professio
nal responsibilities by both professionals ie
lawyers and judges.
2
.
Secondly the lawyers should differentiate between their
role and identity.
In this
way the laws are always created to g
uide and regulate the role of the lawyer but
his behaviors and role are more guided his identity. So
that to be a highly
honored, ethical and renounced lawyer or legal
practitioner one must be familiar
with his role and identity.
3
.
There must be direct and
exclusive judicial control mechanism for regulating
lawyers disciplinary.
47