Law Students Federation 
LL.B. Notes 
5th Semester 
 
 
 
 
 
 
 
 
 
My Fair Garden, Flat # 103, Beside Ohris, Petrol Bunk, Hyderabad. 
Abdul Kareem, 7799224814 
 Professional Ethics, Accountancy for Lawyer & Bar Bench Relations
 
Q1. Explain right to practice is Legal right (or) privilege in the light of constitutional provisions
under article 19(1)(g).

Ans. Legal profession is (or) right to practice is privilege & not a legal right, there is difference
between privilege & legal right & restriction but legal right is unconditional under article
19(1)(g) of constitution, it is fundamental right to carry on any trade business, occupation
& profession, any fundamental right is not absolute & it is subject to reasonable
restrictions.

Following are the points to explain that right to practice is privilege & not legal
right.

1. Age:- In order to practice law there should be 21years age (or) above, if age is below
21 years then legal profession is prohibited.
2. Qualification:- Person who want to do legal practice should have law degree of
recognize university, if it is degree of foreign country then bar council have to recognize
it.
3. Enrolment:- In order to practice legal profession candidate have to do enrolment in bar
council, enrolment can be done in any state bar council where he wants to practice.
4. Full time busy:- Legal profession is full time profession, if anybody is busy in service,
business then he is not allowed to practice.
5. Convection:- If candidate is convicted then after release from prison there should be
6years gap then only enrolment is allowed.
6. Bar council exam:- Candidate have to pass bar council exam within 2years period
after enrolment.
7. Misconduct:- If there is misconduct of applicant then bar council can refuse enrolment,
after enrolment if advocate have done misconduct then bar council can do enquiry &
punish him such as to suspend from practice for specific period.

These is details restriction on legal profession & it is privilege & not legal right.

Short Question.

Q6. Rights of advocate.

Ans.

1. Advocate have right to fix his own fee but it should be reasonable.
2. Advocate can accept any no. of cases.
3. There is right to do practice at civil (or) criminal side.
4. There is right of advocate to refuse any case.
5. Right to pursue any matter freely.
6. Right to contest bar-council election.
7. There is right to transfer practice in other state & his file may be transfer to other bar-council
on his request.

Law Students Federation; My Fair Garden, Flat # 103, Beside Ohris, Petrol Bunk, Hyderabad.  Abdul Kareem, 7799224814 Page 1
 
 Professional Ethics, Accountancy for Lawyer & Bar Bench Relations
 
Q2. Explain the conditions & procedure relating to enrolment as advocate in bar council.

Ans. A candidate who wants to practice legal profession have to do enrolment in any bar
council, candidate who want to practice in particular state have to do enrolment in
respective bar council, if he want to change his practice then he has to give application
to transfer his file to other bar council for casual argument advocate can go in any court.

Conditions for legal profession:-

1. Applicant should be sound mind person.

2. There should not be conviction record, if there is conviction then application for
enrolment can file after 6years gap from date of release.
3. Enrolment can be kept pending, if there is act of misconduct & enquires not complete &
criminal case is pending in the court & there is no judgment.
4. If applicant is full time busy in service, business (or) any other occupation, then
enrolment is rejected, it is stated that advocacy is full time profession.
5. Candidate should pass law degree from recognize university.
6. Age should be 21years & above.
7. The candidate should apply for enrolment within 1year period after passing exam, after
1year period affidavit have to be file for giving reasons for delay.

Procedure of enrolment:-
1. Proforma application:- There is printed proforma application available from bar
council office by payment of charges, applicant have to fill up the application & give
complete information applicant have to sign declaration form.
2. Enrolment fee:- Candidate have to pay enrolment fee as directed by bar council.
3. Documents:- There should be copies of 3documents which includes matrix certificate
for proof of age, first degree certificate & law degree certificate, all originals also to be
submitted which are return back after verification.
4. Reference:- Two candidate have to give reference that they know applicant & he is
good character person such advocate required minimum 10years practice.
5. Objections:- If there is any objection then it is affix on notice board of bar council
applicant have to clear the objections.
6. Date of appearance:- Bar council fix a date of enrolment on that date applicant have to
go personally in advocate dress, oath is administrated by president of bar council, on
same date bar council issue enrolment certificate & ID card to candidate.

These are details about condition & procedure for enrolment.

Law Students Federation; My Fair Garden, Flat # 103, Beside Ohris, Petrol Bunk, Hyderabad.  Abdul Kareem, 7799224814 Page 2
 
 Professional Ethics, Accountancy for Lawyer & Bar Bench Relations
 
Q3. State & explain seven lamps of advocacy.

Ans. Lamp means light which shows the path, there are seven lamps which are necessary to
become successful advocate, these lamps are relating to character which are necessary
in advocacy, it includes following points.

1. Honesty:- Advocate should be honest in his profession, client may give original
documents & he should not misuse it, advocate have to maintain record of fee paid by
the client.
2. Industrious:- Advocate should do hard work in preparation of the case, he should
present any case & argue with full home work.
3. Wit:- Meaning of wit is sense of humor he should not be always serious at the time of
argument wit reduce pressure on mind of the client.
4. Courageous:- Advocate should be courage when he present the case, he should not
lose the hope from the beginning.
5. Eloquence:- Meaning of these term is nature of debate, it is helpful in making
argument.
6. Patience:- Advocate required patience, he should not lose cool & become angry at
opposite side advocate (or) judge, it may have adverse effect on the case.
7. Respectful:- Advocate should have respectful attitude, he should give respect to
opposite advocate & client & judge.

These are the seven lamps of advocacy specified in professional ethics.

Short Questions.

Q5. Duties of advocate.

Ans. Advocate comes in control with 4types of people & these are judges, other advocate,
client & general public, he has following duties at them.

1. There is duty to have respectful attitude towards judges.

2. There is duty not to disclose secret matters of client to opposite advocate.
3. There is duty to maintain account of fee paid by the client.
4. Advocate have duty not to form illegal association (or) member of such association.
5. Advocate have duty to give correct information about case to client.
6. If client have no faith then advocate have duty to give no objection so that he can engage
other advocate.

Law Students Federation; My Fair Garden, Flat # 103, Beside Ohris, Petrol Bunk, Hyderabad.  Abdul Kareem, 7799224814 Page 3
 
 Professional Ethics, Accountancy for Lawyer & Bar Bench Relations
 
Q4. Explain constitution & functions of state bar council & bar council of India.

Ans. Under advocate act 1961 bar council have been established at centre & in every state
bar council at centre is called as bar council of India (BCI) following are the members in
bar council of India.

1. Attorney general of India is ex-officio chairperson of BCI & there is no need for hum to
contest election.
2. There are 10members who are elected by voting of advocates in supreme court, any
candidate who gets more no. of votes is elected as member of BCI, elected members
again elect president of chairperson of BCI.

The term of BCI is 4years, after 4years again there is election of BCI members. BCI
is superior body having super vision & control over all state bar council. Bar council, BCI
can makes rules & regulations which have to be followed by state bar council, BCI carry
functions at all India level & state bar council carry functions in respective state.

State Bar Council:- In every state there is a bar council situated in premises of
High court, if no. of advocates enrolled are less than 10,000 then 15members are
elected on state bar council, if no. of advocates more than 10,000 then 20memebers are
elected , any advocate having minimum 10years standing can contest election, city
advocate cast their vote in ballet box & other advocates of Taluqa & district send their
votes by post, after counting of votes candidate who gets more votes are elected,
elected members again elect chairperson (or) president of bar council. They also elect
3members each on enrolment committee & disciplinary committee, term of state bar
council; is for 2years period.

Functions of Bar council:-

1. There are functions to make enrolment of new advocates.

2. Bar council maintain record & file of each advocate.
3. If advocate want to do regular practice in other state then one bar council transfer file to
other state bar council on his request.
4. When any advocate commit act of misconduct then disciplinary committee of state bar
council conduct enquiry & give reasonable punishment is allow to BCI & after that
Supreme Court.
5. Bar council can hold meeting of advocate & discuss there problem & represent it to
government to safe guard their rights & interest.
6. It can promote & support law reform.
7. It can publish legal articles in newspapers & magazines.
8. It can conduct seminar & organize talk of legal expert.
9. It can manage funds of bar council & use it for welfare of advocates.
10. It provides legal aid to poor people.
11. It can frame rules for code of conduct for advocates.
12. Bar council members can makes inspection of law colleges & give recognization to
improves standard of legal education.

Law Students Federation; My Fair Garden, Flat # 103, Beside Ohris, Petrol Bunk, Hyderabad.  Abdul Kareem, 7799224814 Page 4
 
 Professional Ethics, Accountancy for Lawyer & Bar Bench Relations
 
Q5. Explain various acts of misconduct of advocate & provisions of disciplinary proceeding.

Ans. In order to maintain dignity of legal profession advocate have to follow code of conduct,
it includes activities prohibited for advocate it applies not only in court but outside the
court, there are many act which are treated as misconduct for which bar council can hold
disciplinary proceeding & give reasonable punishment to advocate, following are the act
which come under misconduct.

1. When candidate give wrong information about material fact at the time of enrolment.
2. When he submits false documents (or) certificate then it is misconduct.
3. When advocate insult the judge by language act (or) by expression.
4. If advocate goes to court in Intoxicated condition.
5. When advocate deals with the case on percentage basis.
6. When advocate accept fee & did not file case in the court.
7. When any advocate accept case of other advocate without his no objection.
8. When advocate pressurize witness not to give evidence (or) fabricate bogus witness.
9. When advocate commit act of misconduct such as immoral activities.
10. When advocate threaten the judge directly (or) indirectly.
11. When advocate tries to give bribe to judge.
12. When advocate misuse document of clients.
13. When advocate accept case of plaintiff & defendant in same office.
14. When advocate make misappropriate in the amount to be paid to client.
15. When advocate have committed crime & court have convicted him.
16. When advocate gives misleading information intentionally in the court.
17. If advocate give advertisement & call him as a specialist in particular typoe of cases then
it is misconduct.

Therefore many activities of advocate come under misconduct.

Disciplinary Proceeding:- When there is complaint (or) information then bar council
can initiate disciplinary proceeding, there is separate disciplinary committee of bar
council which conducts proceeding as follows;

1. Show cause notice:- Chairperson of disciplinary committee issue show cause notice
to advocate & call explanation within specific period.
2. Issue of charge sheet:- Chairperson of committee issue charge sheet (or) copy of
allegation to advocate.
3. Notice:- Disciplinary committee issue notice to advocate to appear before committee
on particular bate, time, place.
4. Representation:- Advocate can represent proceeding himself (or) appoint
representative by permission of committee he can produce relevant documents &
witnesses to prove his innocence.
5. Adjournment:- Committee can make any no. of adjournment according to requirement.
6. Report:- Disciplinary committee prepare report which contents facts, observations,
findings & conclusions. These report is submitted to chairperson of bar council.

Law Students Federation; My Fair Garden, Flat # 103, Beside Ohris, Petrol Bunk, Hyderabad.  Abdul Kareem, 7799224814 Page 5
 
 Professional Ethics, Accountancy for Lawyer & Bar Bench Relations
 
7. Meeting:- Chairperson of bar council hold meeting of elected members & make
discussion about reasonable punishments, it is depend on nature of act of misconduct
such as warning imposition of penalty, suspension from practice for fixed term, if it is
serious misconduct then name is struck off from list of bar council.
8. Intimation:- There is intimation about punishment given to advocate by registered
post, it is also affix on notice board of bar council & respective court, advocate can prefer
appeal against punishment before BCI & lastly to Supreme court, it has power to
confirm, alter, set aside punishment by recording reason.
These is details about misconduct of advocate & disciplinary proceeding in
advocate act 1961.

Q9. Bar Bench relation.

Ans. Bar means Advocate & Bench means Judge, there should be better relation between bar
& bench which includes following points.

1. They should have respectful attitude at each other.

2. There should not be close relation between bar & bench.
3. There should not be insult (or) defamation between bar & bench.
4. Advocate should not bring any influence (or) pressure on judge.
5. Advocate should not get cool & have patience.
6. Bench should adjourned matter on reasonable grounds.
There should be cordial relation between bar & bench but not close relation.

Short Questions.

Q1. Development of legal profession in India.

Ans. Legal; profession is having historical background it includes following points;

1. In 1772 adalath system was introduce by Governor general warrn Hastings & he allowed
persons of good character having matric qualification to represent cases.
2. In 1861 high court were established by passing high court of India act & 1year course
after matric was allowed & after that legal profession was permitted.
3. In 1919 in England barrister course was introduce & they were allow to practice.
4. In 1949 legal practitioner act was passed & 2years LLB was introduce to do practice.
5. In 1961 advocate act was passed & 3years LLB course after degree was introduced &
bar-council were established & practice was allowed after enrolment in bar-council.
6. In 1989 5years course after intermediate was also introduced along with 3years course.
7. In 2009 bar council introduced common examination after passing LLB to regularized
legal practice.
These are the stages of development in legal profession.

Law Students Federation; My Fair Garden, Flat # 103, Beside Ohris, Petrol Bunk, Hyderabad.  Abdul Kareem, 7799224814 Page 6
 
 Professional Ethics, Accountancy for Lawyer & Bar Bench Relations
 
Q6. Explain need of accountancy for advocate & various branches of accountancy & relation
between Law & accountancy.

Ans. In legal profession there should be basic knowledge of accountancy to every advocate, it
is stated that; ADVOCATE SHOULD KNOW EVERYTHING ABOUT SOMETHING &
SOMETHING ABOUT EVERYTHING, it means advocate should have detail knowledge
about law & basic knowledge about other subjects including accountancy, many dispute
are related to financial matters & advocate can represent it if he has basic knowledge
about accountancy.

Kinds of Accountancy (or) Branches of Accountancy:- Following are the branches

of accountancy in which advocate should have basic knowledge of fundamentals of
accountancy.

1. Taxation accountancy:-  There are various taxes such as Income Tax, Sale Tax, VAT,
Service Tax, taxation matter is decided by tax tribunals, appeal from tribunal allow to
high court, advocate can represent tax dispute before tribunal & also high court,
therefore we should have knowledge in taxation matter, advocate can file his own tax
return, if he has knowledge about it.
2. Company Accountancy:- In every company audit is done by charted accountant in
every financial year, auditor prepared balance sheet which is approved by share holders
in annual general meeting, if balance sheet is not proper then share holders can file
case in the court, advocate have to represent the case in the court, advocate can also
become legal advisor of the company & he has to represent the cases on behalf of
company in the court, therefore he should have knowledge about accountancy in the
company.
3. Business Accountancy:- Advocate represent cases relating to financial matters of
business people, there are many dispute generally in partnership firm, audit of
partnership firm is not compulsory & partners maintain accountancy, if there is dispute
between partners relating to profit & loss account then advocate have to represent it,
therefore advocate requires basic knowledge of business accountancy.
4. Bar-Council Accountancy:- Advocate can become member of bar-council by
contesting election there is enrolment fee collected from candidate, it is spend for
meeting, publication, welfare of advocate, if advocate is member of bar-council then he
must have basic knowledge of accountancy.
Relation between Law & Accountancy:-
1. There are some legislations related to financial matters as Income Act, Sale Tax Act,
Custom Duty, Excise Duty & advocate have to study it.
2. Advocate also deals with registration of properties & he should have knowledge of
registration charges & stamp duty.
3. All financial matters are regulated by law & therefore law & accountancy are related to
each other.

These are details about branches of accountancy & relation between Law &
Accountancy.

Law Students Federation; My Fair Garden, Flat # 103, Beside Ohris, Petrol Bunk, Hyderabad.  Abdul Kareem, 7799224814 Page 7