THE HISTORICAL EVOLUTION OF LEGAL
PROFESSION IN INDIA. ARTICLE 19 (1) (G)
The history of legal profession in India is
therefore a history of struggle: for recognition,
characterized by prestige, power and income.
The professional standing of the advocates of
our country evolved and grew till it finally
manifested itself in the Advocates Act of 1961.
Lord Tennyson
Legal history or the history of law is the study of
how law has evolved and why it changed. Legal
history is closely connected to the development
of civilizations and is set in the wider context
of social history. Among certain jurists and
historians of legal process it has been seen as
the recording of the evolution of laws and the
technical explanation of how these laws have
evolved with the view of better understanding
the origins of various legal concepts, some
consider it a branch of intellectual history.
Twentieth century historians have viewed legal
history in a more contextualized manner more in
line with the thinking of social historians
Article 19 (1) (g) of Constitution of India
provides Right to practice any profession or to
carry on any occupation, trade or business to all
citizens subject to Art.19 (6) which enumerates
the nature of restriction that can be imposed by
the state upon the above right of the
citizens.1Sub clause (g) of Article 19 (1) confers
a general and vast right available to all persons
to do any particular type of business of their
choice. But this does not confer the right to do
anything consider illegal in eyes of law or to
hold a particular job or to occupy a particular
post of the choice of any particular person.2
Further Art 19(1) (g) does not mean that
conditions be created by the state or any
statutory body to make any trade lucrative or to
procure customers to the
business/businesssman3. Moreover a citizen
whose occupation of a place is unlawful cannot
claim fundamental right to carry on business in
such place since the fundamental rights cannot
be availed in the justification of an unlawful act
or in preventing a statutory authority from
lawfully discharging its statutory functions.
ADVOCATES TOWARDS PUBLIC AND
CLIENTS
Advocates, in addition to being professionals,
are also officers of the courts and play a vital
role in the administration of justice.
Accordingly, the set of rules that govern their
professional conduct arise out of the duty that
they owe the court, the client, their opponents
and other advocates.
Rules on the professional standards that an
advocate needs to maintain are mentioned in
Chapter II, Part VI of the Bar Council of India
Rules. These rules have been placed there
under section 49(1)(c) of the Advocates Act,
1961.
1. Act in a dignified manner
During the presentation of his case and also
while acting before a court, an advocate should
act in a dignified manner. He should at all times
conduct himself with self-respect. However,
whenever there is proper ground for serious
complaint against a judicial officer, the advocate
has a right and duty to submit his grievance to
proper authorities.
2. Respect the court
An advocate should always show respect
towards the court. An advocate has to bear in
mind that the dignity and respect maintained
towards judicial office is essential for the
survival of a free community.
3. Not communicate in private
An advocate should not communicate in private
to a judge with regard to any matter pending
before the judge or any other judge. An
advocate should not influence the decision of a
court in any matter using illegal or improper
means such as coercion, bribe etc.
4. Refuse to act in an illegal manner towards
the opposition
An advocate should refuse to act in an illegal or
improper manner towards the opposing counsel
or the opposing parties.
5. Refuse to represent clients who insist on
unfair means
An advocate shall refuse to represent any client
who insists on using unfair or improper means.
An advocate shall excise his own judgment in
such matters.
6. Appear in proper dress code
An advocate should appear in court at all times
only in the dress prescribed under the Bar
Council of India Rules and his appearance
should always be presentable.
7. Refuse to appear in front of relations
An advocate should not enter appearance, act,
plead or practice in any way before a judicial
authority if the sole or any member of the bench
is related to the advocate as father, grandfather,
son, grandson, uncle, brother, nephew, first
cousin, husband, wife, mother, daughter, sister,
aunt, niece, father-in-law, mother-in-law, son-in-
law, brother-in-law daughter-in-law or sister-in-
law.
8. Not to wear bands or gowns in public
places
An advocate should not wear bands or gowns in
public places other than in courts, except on
such ceremonial occasions and at such places
as the Bar Council of India or as the court may
prescribe.
LEGAL ETHICS may be taken to mean
the body of rules and practice which
determine the professional conduct of
members of bar. The very fi rst purpose
and aim of legal ethics is to maintain the
dignity and honour of the law profession
.In India to maintain the honor of legal
profession , the Advocate Act 1961
has been passed and established Bar
Councils . Under section 49 (1) (c) of
Advocates Act breach of Advocates
duties codifi ed in regard to the
Professional and other misconduct. So a
lawyer should be clear in expressing his
views and should understand that it is
not enough for him alone to understand
that his client is right but to prove it to
the judge and to the others concerned
with the case. A successful lawyer stands
by his point and does not easily agree
to statements made against his client. In
handling the opponents tricky questions
to make a lawyer disagree with his own
client, a lawyer must be alert and tackle
the situation smartly, thus having people
think in his favor. A successful lawyer
must have quick thinking to handle
diffi cult situations in the court.
Key Words
Lawyer, Court, Justice, Morality,
Ethics.
1.Introduction:
Th e legal profession plays an
important role in the Administration of
justice. But it is a common proverb that
to become a lawyer, the only quality one
needs to possess is to know to lie. But
when an innocent victim wants justice it
is these lawyers who go out of their way
to prove their point and get them justice.
So at this point its not lying which
makes the lawyer a winner but his ability
to stand for the truth, understand case
wholly, analyze every situation and being
tactful enough to handle the opponent [1].
So what really makes a lawyer successful?
Of course the necessary education
qualifi cations required to become a
lawyer is fi rst and foremost important.
A lawyer should be clear in expressing
his views and should understand that it is
not enough for him alone to understand
that his client is right but to prove it to
the judge and to the others concerned
with the case. A successful lawyer stands
by his point and does not easily agree to
statements made against his client.
In handling the opponents tricky questions to
make a lawyer disagree with his own client, a
lawyer must be alert and tackle the situation
smartly, thus having people think in his favor. A
successful lawyer must have quick thinking to
handle
difficult situations in the court.
THE FUNCTIONS OF THE BAR COUNCIL OF
INDIA
The Bar Council of India is a statutory body
created by Parliament to regulate and represent
the Indian bar. We perform the regulatory
function by prescribing standards of
professional conduct and etiquette and by
exercising disciplinary jurisdiction over the bar.
We also sets standards for legal education and
grants recognition to Universities whose degree
in law will serve as qualification for enrolment as
an advocate.
In addition, we perform certain representative
functions by protecting the rights, privileges and
interests of advocates and through the creation
of funds for providing financial assistance to
organise welfare schemes for them.
The Bar Council of India was established by
Parliament under the Advocates Act, 1961. The
following statutory functions under Section 7
cover the Bar Councils regulatory and
representative mandate for the legal profession
and legal education in India:
1. To lay down standards of professional
conduct and etiquette for advocates.
2. To lay down procedure to be followed by its
disciplinary committee and the disciplinary
committees of each State Bar Council.
3. To safeguard the rights, privileges and
interests of advocates.
4. To promote and support law reform.
5. To deal with and dispose of any matter
which may be referred to it by a State Bar
Council.
6. To promote legal education and to lay down
standards of legal education. This is done in
consultation with the Universities in India
imparting legal education and the State Bar
Councils.
7. To recognise Universities whose degree in
law shall be a qualification for enrolment as an
advocate. The Bar Council of India visits and
inspects Universities, or directs the State Bar
Councils to visit and inspect Universities for this
purpose.
8. To conduct seminars and talks on legal
topics by eminent jurists and publish journals
and papers of legal interest.
9. To organise legal aid
IMPORTANCE OF BAR & BENCH
RELATIONSHIP
In general, Bar refers to the lawyers and Bench
refers to the members of the judiciary, i.e.,
Judges. It is the body of persons which
operates the machinery through which justice is
administered, composed mainly of the Judges
and the Advocates who help them in
discharging their difficult duties, has existed and
functioned both in ancient and modern times.
Bar & Bench relations in law refers to the cordial
relationship between Advocates (Bar) and
Judges (Bench). Bar and Bench plays an
important role in the administration of justice.
Bench administer the justice with the help of the
Bar.
The Judicial Process in todays world includes
that task of Social Engineering. Concepts of
justice, however, have changed vastly in the
course of time. And, as between different States
in modern times too, Justice, as embodied in
the law, has different contents and
connotations.
Such differences as we find between different
States as regards the functions of the Bar and
Bench are, mainly due to the somewhat
differing basic concepts of justice found in the
laws of different States. These concepts have
been produced and molded by the operations of
complex and interconnected, constantly acting
and counter-acting, sets of factors in the course
of our histories.
As the officers of the Court, lawyers are
expected to assist the Bench in administering
justice. They are expected to maintain
respectful attitude, towards the Bench keeping
in mind that, the dignity of judicial office is an
essential for the survival of the society. Thus,
mutual respect is necessary among the lawyers
and judges to maintain the harmony between
the Bar and Bench.
BRANCHES OF
ACCOUNTING
1.Book-Keeping: Primary recording of the day-
to-day transactions of any business unit and
their subsequent posting into the Ledger
Accounts are the functions of this part of
accounting. As this part of the job of the
Accountant is only keeping the proper records,
it is therefore termed as Book-Keeping.
2.Accounting: To prepare the Trial Balance
and thereby to check the arithmetical accuracy
of the books and records, to prepare the
Revenue statements of Profit or Loss Accounts,
to prepare the statement of Affairs or Balance
Sheets, or , in other words, to prepare the Final
Accounts and also to make plans and
programmes for smooth running of this part of
Accounting procedures and to act accordingly
are, in short, the functions of the Accountant.
This of his work is generally termed as
accounting.
3.Cost Accounting: In any manufacturing
concern, it is necessary to keep the records of
daily stocks in hand, their issues and receipts,
payment of wages, calculated regarding
overhead charges, fixing the sale-price of the
products, to prepare the budget and thereby to
help in cost control etc.
These functions are the functions of the Cost
Accountant.
4. Management Accounting: The present-day
Management is very much dependent on the
Accountant in all the levels of managerial
activities. By furnishing regular reports
regarding various necessary information
required daily by the management, the
Accountant very ably helps in their work. Cost
Control, Quality Control, Budgetary Control,
Planning etc.are therefore, the functions of the
Management Accountant.
5. Decision Accounting: This means that part
of the functions of the Accountant by which he
prepares and presents necessary information to
the Management for making decisions. This
function is one which has developed a great
during the recent years. Decision Accounting is
thus, a part of the Managerial Accounting.
6.Household Accounting: With the
development of the Socialistic Pattern of
economy and the emergence of the Welfare
States, the present-days Governments in all the
countries in the World are becoming more and
more interested in collecting taxes not only form
the corporate bodies of form the employed
persons but also from the self-employed men
and professional personalities.
7. Government Accounting: Government
Accounting is quite different from Commercial
Accounting. This is because in Welfare States is
present day World, any Government has to
collect taxes, compute National Income, fix the
Gross National Product Target, ascertain the
Balance of Payments position etc.governments,
therefore have their own system of Accounting
which is called Government Accounting.
8. Auditing: Whether the Books of Accounting
have been maintained correctly or not has to be
proved.For this purpose, the Accounts are to be
checked by some qualified persons from the
Book of Prime entry up to the Final Accounts
every year. This is also necessary for the
benefit of the share-holders as well as for the
Government which will collect taxes on the
basis of the Published Accounts.
FUNCTIONS OF ACCOUNTING
1.Record Keeping: Accounting is to maintain
systematic and chronological record of financial
transactions and to post them subsequently to
the various Ledger Accounts and finally to
prepare the Final Accounts to find out the profit
or loss of the business at the end of the
Accounting Period.
2.Protecting of Properties: Accounting is to
calculate the correct amount of Depreciation on
Assets by choosing the appropriate Method
applicable to any particular assets. any
unauthorized dissipation of any asset will bring
the business to the threshold of
insolvency.Accounting is to design a desirable
system to protect the properties and assets of
the business from unauthorized and
unwarranted use.
3.Communication of Results: Accounting is
always to communicate the results of the
recorded and transactions to the different
parties who are interested in the particular
business, i.e., properties, investors, creditors,
employees, Govt.official and researchers etc.
4.Meeting Legal Requirements: Accounting is to
devise and develop such a system of keeping
record and reporting the results as will always
meet and legal requirements to enable the
proprietor or the authority to file various
statements like Income-Tax Returns, Sales-Tax
Returns etc.
B.Managerial Function: Maintain self dignity.
Accounting is to render such service to the Seven lamps of advocacy.
management as to aid different levels of the Be best to the profession.
managerial staff to carry out the operations of No to other employment.
the business efficiently.Accounting is to present
"information in such a way as to assist
management in the creation of policy and in the BAR BEANCH RELATION
day to day operation of an undertaking".- BAR : Association of the advocates.
M.E.Murphy, Managerial Accounting. Bench : Group of judges.
Accounting is an advisory service function and Bar provides evidences, bench decides the
is concerned with furnishing such information to cases.
the management as will facilitate efficient Advocate cannot influence the judges.
planning, operational control and coordination of Two wings of the court helps to maintain the
future activities of the enterprise. Thus, role of administration of justice.
Accounting is to "assist management in Advocate should maintain respect and dignity
establishing a plan for reasonable economic towards judges.
objectives and in making of rational decisions"- Judge should hear the argument of the
Haynes and Massic, Management Analysis advocate patiently and give judgment.
So we see that Accounting helps in Budgetary
Control, Cost Control, Material Control and
Operational Control and also in minimizing
wastage, losses and errors and frauds.DUTIES
OF AN ADVOCATE.
DUTIES TOWARDS STATE AND PUBLIC :
Duty to maintain the integrity of the Nation.
Duty to fight for individual liberty and socio-
economic justice.
Duty to enshrine and uphold our Constitution.
To protect law and fight against injustice.
Public interest litigation.
Help poor clients with less or no fee.
Protect fundamental rights.
Fight against corruption.
DUTIES TOWARDS COURT :
Duty to respect the court.
Duty to attend the hearing.
Duty to receive judgment.
Duty to obey and respect the judge and the
judgment of the court.
Duty not to mislead the court.
Duty not to malign the judge.
Duty to assist the court.
Duty to have good temper and protect the
dignity of the court.
DUTIES TOWARDS THE CLIENT :
Duty to Know about his client.
Obtain complete information about the case.
Provide fair advice to solve the case.
Loyal and faith full to his client.
Duty not to represent conflicting interests of the
client.
Maintain confidentiality.
Duty not to accept compensation or any other
advantages from others.
Duty to take fair fee.
Duty to keep separate account for clients
money.
Duty to return the brief of the client at the end of
the case.
DUTIES TOWARDS THE OPPONENT :
Duty to give due respect opponent council.
Being fair to opponent council and his clients.
Duty not to interrupt in between the opponent
argument.
Duty not to mislead.
Duty not to make negotiate with the opponent.
Duty not to take away others client.
DUTIES TOWARDS PROFESSION :
To keep best tradition of the bar.
Not to take profession in the spirit of competition
or rivelry.
Respect to the seniors.
Kind to juniors
Fallow seven lamps of advocacy.
DUTIES TOWARDS SELF :
KNOWLEDGE OF ACCOUNTANCY IN LIGAL
DISPUTES
We have recently witnessed significant
emphasis on improving investor confidence and
public trust in financial reports. Reported
financial scandals (e.g., Enron, WorldCom,
Global Crossing, Qwest, Satyam, CWG, 3G,
Parmalat) have eroded investor confidence and
made forensic accounting an attractive
career opportunity for accountants to combat
fraud. Necessity is the mother of all inventions.
Yes, it is the growing arena of business and
surging number of white-collar crimes that have
paved the way for the development of Forensic
Accounting. According to AICPA, Forensic
Accounting is the application of accounting
principles, theories and discipline to facts or
hypothesis at issues in a legal dispute and
encompasses every branch of accounting
knowledge. According to The Accountants
Handbook on Fraud and Commercial Crime,
Forensic Accounting is the application of
financial skills and an investigative mentality to
unresolved issues, conducted within the context
of the rules of evidence. Forensic Accounting
borrows knowledge from Accounting, Finance,
Law, Computerisation, Ethics, Criminology, etc.
Forensic accounting is defined in this study as
the practice of rigorous data collection and
analysis in the areas of litigation support
consulting, expert witnessing, and fraud
examination. Investigation plays a pivotal role in
Forensic Accounting. It is the flavor of
investigation that demarcate it from the
conventional accounting practices. In wide
sense, it can be identified as integrity of
accounting, auditing and investigative skills to
secure a particular result. Maurice E. Peloubet
coined the term Forensic Accounting in 1946.
Kautilya was the first economist to articulate the
need of forensic accountants. Centuries ago he
inked his book, Arthashastra (ACCOUNTING of
Material Wealth) containing 40 ways of
embezzlement. He also stressed on checks,
accounting and auditing. He also stated that
detecting an appointed officials dishonesty is as
difficult as detecting the amount of water drunk
by a swimming fish. Another noteworthy person
in this context is Birbal, one of the famous
Navaratnas of the Moghul Emperor Akbar, who
used various tricks to investigate various
crimes. Role of a Forensic Accountant Earlier,
we were of the belief that detection and
prevention of frauds or white-collar crimes is a
part of conventional accounting function.
As certain as death and taxes, accountants are
sure to brush up against the law in the daily
practice of their profession. Every accountant
needs a good working knowledge of the every-
day legal matters that affect their clients
financially, says CPE Link instructor, Paul
Jorgensen, founder of a Washington, DC law
firm specializing in intellectual property and
contract law. A basic knowledge of the legal
concepts involving contracts, intellectual
property law, and the Internet makes you a
more valuable financial professional. It helps
you know when to enlist a lawyer and to
recognize bad or wasteful lawyering, says
Jorgensen.
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When he teaches accountants about basics of
law, Jorgensen likes to start with contracts.
Non-lawyers often think that contracts have to
sound legal and the more legal-sounding the
better. Nothing could be further from the truth,
says Jorgensen. Theres a lot of bad legal
writing out there and bad writing should send up
red warning flags.
A BALANCE SHEET is a financial statement
that summarizes a company's assets, liabilities
and shareholders' equity at a specific point in
time. These three balance sheet segments give
investors an idea as to what the company owns
and owes, as well as the amount invested by
shareholders.
The balance sheet adheres to the following
formula:
Assets = Liabilities + Shareholders' Equity
LEGAL AID
Article 39A of the Constitution of India provides
for free legal aid to the poor and weaker
sections of the society and ensures justice for
all. Article 14 and 22(1) of the constitution also
make it obligatory for the State to ensure
equality before law and a legal system which
promotes justice on the basis of equal
opportunity to all, In 1987, the Legal Services
Authorities Act was enacted by the Parliament
which came into force on 9th November, 1995
with an object to establish a nationwide uniform
network for providing free and competent legal
services to the weaker sections of the society
on the basis of equal opportunity. The National
Legal Services Authority (NALSA) has been
constituted under the Legal Services Authorities
Act, 1987 to monitor and evaluate
implementation of legal services available under
the Act.
STANDARD COSTING is the practice of
substituting an expected cost for an actual cost
in the accounting records, and then periodically
recording variances showing the difference
between the expected and actual costs. This
approach represents a simplified alternative to
cost layering systems, such as the FIFO and
LIFO methods, where large amounts of
historical cost information must be maintained
for items held in stock.
PUNISHMENT FOR PROFESSIONAL
MISCONDUCT- MEANING
The misconduct has been defined in Blacks
Dictionary as transgression of some established
and definite rule of action, a forbidden act, a
dereliction of duty, unlawful behaviour, improper
or wrong behaviour.
Its synonyms are misdemeanour, impropriety,
mismanagement, offence but not negligence or
carelessness.
In the case Noratanmal Chaurasia v. M.R. Murli
the Supreme court has held that misconduct
has not been defined in the Advocates Act,
1966 but misconduct envisages breach of
discipline, although it would not be possible to
lay down exhaustively as to what would
constitute misconduct and indiscipline which,
however, is wide enough to include wrongful
omission or commission, whether done or
omitted to be done intentionally or
unintentionally.
In re Tulsidas Amanmal Karim it has been
held that any conduct which in any way renders
a person unfit for exercise of his profession or is
likely to tamper or embarrass the administration
of justice by the High Court or any other court
subordinate thereto may be taken as
misconduct.
In the matter of an advocate , if the conduct of
an advocate is such as to make him unworthy to
remain a member of the honourable legal
profession and unfit to be entrusted with the
responsible duties that an advocate is called
upon to perform, he will be guilty of misconduct
and may be punished therefore.
Thus in this case following two tests have been
laid down:-
a) The conduct of the advocate is such that he
must be regarded as unworthy to remain a
member of the honourable profession.
b) The conduct of the advocate is such that he
must be regarded as unfit to be entrusted with
the responsible duties that an advocate is called
upon to perform.
These two tests have been interpreted as
disjunctive and therefore the fulfilment of any
one of the said conditions would be sufficient to
treat the conduct as misconduct.
Some important cases relating to
Professional Misconduct
Purchase of the property in dispute of the client
Case: P.D. Gupta v. Ram Murti and Anr.
Facts: One Srikishan Dass died leaving behind
extensive immovable properties. Claims to the
said properties were made by one Vidyawati
claiming to be the sister of the deceased , one
Ram Murti and two others who claimed
themselves to be the heir of the deceased.
 The Seven Lamps of Advocacy called these
important characteristics of advocacy as seven
lamps of advocacy and listed them as honesty,
courage, industry, wit, eloquence, judgment and
fellowship.
1) Honesty
Honesty means the quality of
straightforwardness; freedom from deceit,
cheating or stealing and not telling lies. The
best advocates of all generations have been
devotees of honesty. Example for honest
character is Abraham Lincoln, who founded his
fame and success on what some called
preserve honesty. The nobleness of legal
profession lies in honesty itself. An advocate
should not do illegal practices.. Honesty,
2) Courage
Courage is the quality that enables a person to
control fear in the face of danger, pain,
misfortune, etc.; an advocate must possess
courage. He should face the pressures from
outside with courage. Sometimes he has to fight
against State. He should not fear about the
executive and politicians. He must perform his
duty to safeguard the interests of his client.
3) Industry
Advocacy is needed a life of industry. An
advocate must study his brief in the same way
that an actor studies his part. Success in
advocacy is not arrived at by intuition but
through industry. Industry is the quality of being
hard-working; being always employed usefully.
Lord Eldon Says, An advocate must live like a
hermit and work like a horse. Advocacy is an
intellectual profession. Intelligence and
knowledge will be sharpened with hard-work
and strenuous efforts.
4) Wit
Wit means clever and humorous expression of
ideas; liveliness of spirit. Wit flows from
intelligence; understanding and quickness of
mind. Wit lessens the work load of an advocate.
It relaxes his mental strain. Often the wit of an
advocate will turn a Judge
from an unwise course, where Judgment, or
rhetoric would certainly fail. The lamp of wit is
needed to lighten the darkness of advocacy.
5) Eloquence
The success of an advocate depends upon his
eloquence. Eloquence means fluent speaking
and skilful use of language to persuade or to
appeal to the feelings of others. Fluent speaking
impresses the listener. As advocate must be
fluent, skilful in using appropriate words to
impress the Court. Eloquence attracts the
attention of the listener. Eloquence is related to
the art of oratory. Eloquence of manner is real
eloquence and there is a physical as well as
psychological side to advocacy.
6) Judgment
Judgment is an intellectual capacity, the
inspiration which enables a man to translate
good sense into right action. In judgment one
has to estimate, consider and form an opinion
about the issues with good sense and ability. An
advocate could be in a position to judge the
merits and demerits of the case on hearing the
brief and seeing the document.
7) Fellowship
Fellowship means the membership in friendly
association or companionship. Fellowship is
exactly like great public schools, the boys of
which have grown older, and have exchanged
boyish for manly objects. Though the advocates
are opponent parties before the bench but not
enemies with each other. Their conflict ends as
they come out of the door steps of the Court.
Daniel Webster says, Lawyers on opposite
sides of a case are like the two parts of shears,
they cut what comes between them, but not
each other.
RIGHT OF LAWER TO STRIKE
The Supreme Court of India, rather the entire
judiciary is probably the strongest in the world
and it has an impressive
index of delivering verdicts that display a rare
jurisprudential vision irrespective of the fact
whether such pronouncements
have mass appeal or not. This is the
uniqueness of the Indian judicial system.
When the executive, bureaucracy or other
organs go astray, the Court comes to the rescue
to inculcate a sense of
responsiveness in those erring ones. Some of
the judgments of the Supreme Court are
sufficiently focussed and
imaginative in this regard to meet the felt need
of the society.
In this sequence the judiciary has recently
metamorphosed the entire chemistry of the
concept of strike. The Supreme
Court in Communist Party of India (M) v. Bharat
Kumar1 deprecated the call for enforcing a
bandh affirming the ratio
decidendi of the Kerala High Court in Bharat
Kumar K. Palicha v. State of Kerala2 which held
that calling for and holding
"bandh" violated the fundamental rights of the
citizen and the court could step in to protect
such rights. Then again the
Kerala High Court in Kerala Vyapari Vavasayi
Ekopana Samithi v. State of Kerala3 held that
the mere calling of a hartal
or advocating it as understood in the strict
sense, cannot be held to be objectionable. But
the moment it comes out of the
concept of hartal, strictly so-called and seeks to
impinge on the rights of others, it ceases to be a
hartal in the real sense
of the term and actually becomes a violent
demonstration affecting the rights of others.
Then the Supreme Court in T.K. Rangarajan v.
Govt. of T.N.4 held that there exists no
fundamental, statutory, equitable
and moral right to resort to strike. Then, again
the Full Bench of the Kerala High Court in
George Kurian v. State of
Kerala5 categorically held that: LLN p. 274,
para 13(5)
"13. (5) Those who call for hartals or strikes by
whatever reason should make it clear in their
call that nobody will be
compelled to participate in the hartals or strikes,
that traffic will not be obstructed and those who
are willing can go for
work and that fundamental rights of others to
move about will not be affected. They should
also instruct their supporters
to see that no coercion or force is used for
compelling others to participate in the strike or
hartal;"
ADVOCATE TOWARDS FELLOW ATTORNEY
An advocate is duty bound to the client, not to
disclose the communications between himself
and his client to any third party, without the
express consent of the client. The advocate
also has a duty to make a full and frank prior
disclosure to the client, regarding the advocates
interest or stake in any matter for which the
client wants to engage him. An advocate should
not misuse or take advantage of the confidence
reposed in him by his client.
Breach of any of the above standards makes a
lawyer liable for disciplinary action. A formal
complaint can be made to the State Bar Council
or Bar Council of India.
Lawyers licensed by the Law Society of Upper
Canada are subject to its Rules of Professional
Conduct.9 These Rules serve as touchstone for
our discussion.
The Rules themselves are mandatory, while the
accompanying commentaries are explanatory
and/or advisory.10 The Rules impose
limitations on the competitive conduct of
lawyers in an
adversary system.11 They have been
designed to temper the extravagances of
lawyers whose
behaviour is reminiscent of the [adversary]
systems origin of trial by combat.12 One
element of
that limitation and tempering is a lawyers duty
to opposing counsel.
The attorney general is the Indian governments
chief legal advisor and its primary lawyer in the
Supreme Court. He is appointed by the
President of India under Article 76(1) of the
Constitution and holds office during the
pleasure of the President. It is stipulated that he
must be a person qualified to be appointed as a
judge of the Supreme Court.
The attorney general can accept briefs but
cannot appear against the Government. He
cannot defend an accused in criminal
proceedings or accept the directorship of a
company without the permission of the
government. Theres no administrative
restriction on an attorney general from
accepting a non-government brief, but he has to
seek prior permission of the Union Law Ministry
to defend a commercial client.
There is nothing wrong if the AG accepts a
private brief, a noted veteran constitutional
lawyer said on condition of anonymity. There is
no restriction on him. But its expected that he
would not appear for lucrative private clients
frequently.
A SOLICITOR is a legal practitioner who
traditionally deals with most of the legal matters
in some jurisdictions. A person must have
legally-defined qualifications, which vary from
one jurisdiction to another, to be described as a
solicitor and enabled to practise there as such.
For example, in England and Wales a solicitor is
admitted to practise under the provisions of the
Solicitors Act 1974. With some exceptions,
practising solicitors must possess a practising
certificate. There are many more solicitors than
barristers in England; they undertake the
general aspects of giving legal advice and
conducting legal proceedings
Right To Free Legal Aid
Legal Aid which means giving free legal
services to the poor and needy who are unable
to afford the services of an advocate for the
conduct of a case or a legal proceeding in any
court, tribunal or before an Judicial authority.
The preamble of the Indian constitution
basically aims to secure to the people of India
justice socio economic and political. His
Lordship Justice P.N. Bhagwati aptly stated that
legal aid means providing an arrangement in
the society which makes the machinery of
administration of Justice easily accessible and
in reach of those who have to resort to it for
enforcement of rights given to them by law.
Article 38(1) avows that the State shall promote
the welfare of the people by securing and
protecting the social order including justice.
Article 21 clearly says that every person has an
equal right to life and liberty except according to
the procedure established by the law.
The Story of MY EXPERIMENTS WITH TRUTH
is the autobiography of Mohandas K. Gandhi,
covering his life from early childhood through to
1921. It was written in weekly instalments and
published in his journal Navjivan from 1925 to
1929. Its English translation also appeared in
installments in his other journal Young India.[1]
It was initiated at the insistence of Swami Anand
and other close co-workers of Gandhi, who
encouraged him to explain the background of
his public campaigns. In 1999, the book was
designated as one of the "100 Best Spiritual
Books of the 20th Century" by a committee of
global spiritual and religious authorities
BAR & BENCH RELATIONS in law refers to
the cordial relationship between Advocates
(Bar) and Judges (Bench). Bar and Bench plays
an important role in the administration of justice.
Bench administer the justice with the help of the
THE BAR ASSOCIATION OF INDIA is a
voluntary organisation of lawyers which was
established in April 1960 shortly before the
enactment of the Indian Advocates Act, 1961,
which fused the legal profession in India and
introduced a common roll of Advocates in each
State. The inauguration of the Association by
the President of India, Dr. Rajendra Prasad, in
Vigyan Bhavan, New Delhi, took place in the
presence of Prime Minister Jawaharlal Nehru,
the Chief Justice of India and many stalwarts of
the profession whose names are held in high
esteem today in the profession throughout the
country. Shri M.C. Setalvad, the first Attorney-
General of India was also the first President of
the Association who, together with the
illustrious, Dr. K.M. Munshi and Mr. C.K.
Daphtary and others framed the constitution of
the Association.
FIVE ELEMENTS OF SUCCESSFUL
ADVOCACY
1. ATTITUDE AND EMOTIONS
Dont yell. Drop your voice when you
feel anger.
If the other party seems to be acting
in good faith, respond in-kind.
Focus on how to get your partner(s)
to do what you think they need to do.
Never threaten anything you are not
fully prepared to carry out
successfully.
Imagine yourself as the advocate for
someone elses child.
2. FLEXIBILITY
Keep an open mind
Locking down invites resistance.
Dialogue invites creativity.
Model what partnership looks like.
You can set a time limit on trying new ideas and
then review for success.
Ask the student what he or she thinks may
work.
3. DETERMINATION
Flexibility in HOW a problem gets solved
is not the same as WHETHER it gets
solved.
Not everything is worth going to war on.
Ask: is this my issue or my childs?
4. CREATING A PAPER TRAIL
Even if you remember what people said,
you need to be able to PROVE it.
Maintain records, letters, correspondence,
and notes written at the time events
occurred that show what transpired.
Get organized. Create a workable filing
systemone you can keep up.
Best Practice: You may never need it, but
paper provides evidence if needed.
Document (IN WRITING): important things
that happened, requests to the district,
your responses and district responses
phone calls and replies.
Send a positive, reasonable, factual written
note summarizing phone calls and that
creates a record of what transpired.
Demonstrate: 1) appreciation 2) reason for
call 3) disability-related 4) a history of
problem
5. KNOWLEDGE
Help educators understand your childs
disability.
Keep it SHORT. Keep it SIMPLE.
Create an outline that includes symptoms
and the strategies that work.
Include your expert to help you.
ASK: what will we do to support the
teams understanding so that my child's
needs are
met?
Learn about rights and responsibilities in
the law: Study. Attend workshops. Use
good books.
Call your local Parent Training and
Information Center for assistance and
resources.
A directory of parent centers nationwide
is available at: