In Ex Captain, Harish Uppal v. Union of India and Another,28 the Supreme Court, while declaring the lawyers` strike call prima facie wrong, concluded that Section 7 of the Lawyers Act provides for the functions of the Bar Council of India. None of the functions mentioned therein justifies the paralysis of the work of the courts. On the contrary, the Bar Council of India is required to set standards of professional conduct and etiquette for lawyers. This would mean that the exercise of law is an appeal. A group of men who practice a learned art as a common vocation in the spirit of public service is called a profession. The legal profession is apparently the most studied part of law in law and social law studies. It is also one of the most difficult professions in the world, because whether in a political role, in consultation, in the judiciary or simply in representing clients in court, lawyers have to go through a difficult process of thinking, thinking and arguing most of the time. Despite its high salary, the stressful nature of the profession and concerns about work-life balance pushed the right to the bottom of the list of top-tier professions. The “higher income” element reflects not only the overall pride of the legal profession, but also the dynamism of employment, as evidenced by the emergence of various eminent international executives with legal training. that the Bar Council of India ensure that lawyers do not behave in an unprofessional and inappropriate manner. Section 48A gives the Bar Council of India the right to give instructions to the State Bar Councils. Bar associations may be separate bodies, but all lawyers who are members of such an association are subject to the disciplinary jurisdiction of the bar associations, so that bar associations can control their conduct at any time.
Article 35 of the Law on Lawyers provides for the punishment of professional or other misconduct. It provides that if, after receiving a complaint or otherwise, a Council of the State Bar Association has reason to believe that a lawyer on its list has committed professional or other misconduct, it shall refer the matter to its Disciplinary Committee for referral. The Disciplinary Council has the power to reprimand the lawyer or to expel him from the practice of the profession for such period as it deems appropriate, or to remove the lawyer`s name from the list of Crown advocates. In Noratanmal Chouraria v. M R Murli & Anr31, the Supreme Court concluded that misconduct was not defined in the Lawyers Act 1961. Misconduct includes, inter alia, a breach of discipline, although it is not possible to define exhaustively what would constitute misconduct and indiscipline, but it is broad enough to include unlawful omissions or commissions, whether committed intentionally or omitted or lawful and moral for a person who is not a member of the Bar Association. or for a member of the bar in a non-professional capacity may still be inappropriate for a lawyer. The function of lawyer therefore imposes on him a multitude of legal and moral obligations towards the client; courts and other authorities before which the lawyer represents or acts on behalf of the client; the legal profession in general and any other member in particular; the public, for whom the existence of a liberal and independent profession is in itself an essential means of safeguarding human rights in the face of State power and other social interests. The legal profession as it exists today was created and developed during the British period5. It should be noted that in the early days of the British period, the legal profession was not properly organized, and the British did not pay much attention to organization. The story goes back to the founding of the first British court in Bombay in 1672.
The admission of lawyers was entrusted to the Governor in Council and not to the court. Before the establishment of the mayor`s courts in 1726, there were no lawyers or lawyers in Madras and Calcutta. Thus, the profession of lawyer is a profession of great honour. It was created for the common good and the maintenance of peace and order in society. The Supreme Court has rightly stated that the legal profession is a partner of the judiciary in the administration of justice.4 In this module of “Litigation: The Role of Advocacy and Ethics,” we would examine the importance of the legal profession in court proceedings and how ethics is a critical determinant of achieving the objectives of this process. To conduct this study, the module will briefly discuss the history of the legal profession and important developments that have taken place over the years, followed by a study of the current institutions that make up and manage the legal profession in the country. The module will reflect on the judicial decisions that have shaped the functioning of the legal profession. During the studies, the module will shed light on the role of the legal profession and its position in judicial proceedings. The module will also highlight the ethical dimensions in achieving advocacy goals. Bengali Decree XXVII of 1814 also contained provisions on the legal profession.
Decree XII of Bengal of 1833 amended the provisions of earlier decrees on the appointment of litigants. It is permissible for any qualified person, regardless of nationality or religion, to be registered as the president of the lawyer Sadar who represents the party on his party`s side in court and pleads on its behalf, is called the “legal profession” because it is a kind of lawyer`s business and he receives fees from his party for it. The lawyer is known as a lawyer, lawyer, lawyer, litigator, etc. The Indian High Courts Act of 1861 plays an important role in the development of the administration of justice in India. It authorized the British Crown to establish a High Court in each presidential city. In the exercise of this power, the British Crown issued charters establishing the high courts. In 1862, high courts were established in Calcutta, Bombay and Madras. The High Court was designed to combine the traditions of the Supreme Court and the Sadar Court. This was done in order to combine the legal learning and legal experience of English lawyers with the intimate experience of officials in Indian customs, customs and laws that they possessed.