NATIONAL LAW INSTITUTE

UNIVERSITY, BHOPAL

CLINICAL ASSESSMENT REPORT

SUBMITTED TO: SUBMITTED BY:

DR. P.K. SHUKLA Ashish Kumar

2015BALLB19
INTRODUCTION
The profession of law is a noble profession with reference to professional ethics, harboured in
compliance with the established set of rules and code of conduct for advocates. There is a
given code of conduct for lawyers in India which they are expected to follow while practising
the profession.

This code of conduct is laid down under legislation that governs the legal profession in India.
Rule for Code of conduct of lawyers is mandated to secure the importance of legal profession
in India as the lawyers are officers of the court who plays an important and critical part in
securing the administration of justice.

Legislations that govern the profession of lawyers

The Advocates Act, 1961

The Act was enacted to govern the law profession in India by making provisions that regulate
their registration, admission, methods of practice & education, standardize the ethics of legal
provision in India etc. Each lawyer who is a member of the State Bar Council and Bar
Council of India has to follow the provisions of this Act. In India, advocate is a subset of a
lawyer but the act only applies to the Advocates as the Advocates are the ones who are
allowed to practice in the court because of their membership in the Bar Council of India and
State Bar Council whereas lawyers are the persons who have completed their bachelors
degree in law. Thus, Bar Council code of conduct is applicable only to the member lawyers
i.e., advocates.

The Bar Council of India

This statutory body has been set-up to perform several disciplinary, reformative and
regulatory functions in the field of law & other related fields. Its functions include giving
recognition to the universities that impart law education and give law degree that acts as a
relevant qualification for the registration of an advocate. It also safeguards the privileges,
rights as well as interests of the lawyer. So, in order to sustain his membership in the Indian
bar, a lawyer has to follow the prescribed bar council code of conduct, standards, ethics and
regulations righteously.

The above-mentioned legislation and regulatory body have set up a code of ethics for lawyers
who are registered and they are required to adhere to the following rules:
  A lawyer who has the legitimate certificate to practice in India has to accept briefs
from their client in order to stand for them in the court.

 A lawyer cannot pull out of a case without a reasonable and serious cause.

 If the lawyer is deponent in a case himself, then they cannot represent a client in court
for that particular case.

 A lawyer has to be truthful and open to their client and declare all details of the case
even if those details may cause harm to the client’s case in coming future.

 A lawyer has to always protect and defend the well being of his client. It is an ethical
responsibility of a lawyer to put his client’s interest before anyone else’s.

 It is unethical for a lawyer to hide or conceal any material evidence or information if

that may lead to the unfair sentencing of a person who is innocent.

 A lawyer must not start or enrage litigation.

 Confidentiality of exchanged information is a necessity in a client-advocate

relationship, be it in the form of e-mail, letter or any other exchange of
communication. A lawyer cannot release any such sensitive information to a third
party.

 As a  moral responsibility, a lawyer has to maintain trust and confidence of their client
and must not ill-treat or abuse any information shared for any other purposes than
representing the client.

 As an ethical responsibility, a lawyer has to act only on the orders of their client or
any person authorized by him.

 A lawyer cannot misuse or mis-arrange any of client’s funds without informing them,
like converting them into loans or any other wrongful means

 If a lawyer is representing a client or any of the parties in a suit, then he can’t

participate in selling or auctioning the property as a buyer.

 A lawyer has to be accountable to his client for any amount of money delivered by the
client i.e. details of the money spent, records of information gathered by that money,
etc.

 If a lawyer is representing one of the parties in a legal proceeding, he cannot represent

any other parties in that suit.

 Any personal liability of the lawyer should not be adjusted by the client’s fees.

 
A person who wants to be recognized as a successful legal professional has to expand his
knowledge of the law, enhance his communication skills, sharpen his wits and hold on to his
perseverance. This is just a glimpse of the foundation of becoming a good lawyer. But the
definition of ‘good’ has to be sought after by one's own endeavors and determination.

Professional ethics for lawyers are expected to be adhered to and followed by the lawyers so
as to protect the integrity and highest standard of legal profession in India. Ethics of legal
profession in India has been divided into the following -

 Duty of Advocate towards the court

 Duty of Advocate towards client

 Duty of Advocate towards the opponent

 Duty of Advocate towards fellow advocates

Lawyers are required to strictly follow the code of conduct prescribed for them. If lawyers
fail to comply with their prescribed bar council code of conduct or does not oblige the
professional ethics of legal profession then a case of professional misconduct can be either
filed against them by a third person or court can suo motu (on its own) can take action against
them. To take action against lawyer misconduct, find top lawyers now to fight your case.

Recently, in an unfortunate incident of Rape and Murder of 8 year old in Kathua district of
Jammu & Kashmir, lawyers of Jammu & Kashmir Bar Association have denied to take up the
case of the victim’s family by stating that there is no mistake of rapists. In the instant matter
the apex court i.e., Supreme Court has on its own has taken the matter into consideration and
charged the lawyers of Jammu & Kashmir Bar Association with the professional conduct for
not following the code of ethics for lawyers.
Rules on an advocate’s duty towards the Court

 Act in a dignified manner

An advocate must behave in a dignified manner during the time of his case as well as while
acting before the court. He should conduct himself with self-respect. Whenever there is a
ground for complaint against a judicial officer, the advocate has a duty to submit his
grievance to the concerned authorities.

 Respect the Court

The advocate must show his respect towards the Court. He/she has to keep in mind that the
dignity and respect towards the judicial officer are essential for the survival of a free
community.

 No communication in private

The advocate should not communicate with the judicial officer in private regarding any
matter pending before the court. The advocate should not influence the decision of a court in
any matter through illegal or improper acts such as coercion, bribe, etc.

 Refusal to act in an illegal manner towards the opposition

An advocate should not act in an illegal manner towards the opposing counsel or opposite
party. He should use his best effort to restrain his client from acting an illegal, improper
manner or perform any unfair practice towards the judiciary, opposing counsel or opposing
party.

 Refusal to represent clients who insist on any unfair means of practice

An advocate shall refuse to represent the client who insists on using unfair or improper
means. He shall be dignified in using his language in correspondence and arguments in the
court. He shall not scandalously damage the reputation of the parties on false grounds during
the pleadings.

 Appear in proper dress code

The advocate should be present at all times in the court only in the proper dress code
prescribed by the Bar Council of India Rules, and the dress code must be presentable.
  Not represent the establishment of which he is a member

An advocate should not appear in the court, for or against any establishment in which he is a
member. But this rule does not apply in the case of appointment as an ‘Amicus Curiae’ or
without a fee on behalf of the Bar Council.

 Not appear in matters with pecuniary interest

The advocate should not act on behalf of any matter in which he has a financial interest. He
should not accept a brief from a company in which he is a Director.

 Not stand as surety for the clients

The advocate should not stand as a surety for his client, or certify the soundness of a surety
that his client requires for the purpose of any legal proceedings.

Advocate’s duties towards his client

 Bound to accept briefs.

 Not withdraw from service.
 Not appear in matters in which he is a witness.
 Full and frank disclosure to the client.
 Uphold interest of the client.
 Not suppress any material of evidence.
 Not disclose any information of his client and himself.
 Not receive any interest in actionable claim.
 Not charge depending on the success of matters..
 Keep proper accounts etc.

Advocate’s duty towards his opponent counsel

 Not to negotiate directly with opposing party

The advocate should not in any way directly communicate with the opposing party regarding
any matter of the case except through the advocate representing the party.

 Carry out legitimate promises made

The advocate should make best of all possible legitimate promises made to his party, even
though not reduced to writing under the rules of the Court.
Other duties include

 Not advertise or solicit work.

 Sign board and nameplate must be of reasonable size.
 Not promote an unauthorized practice of law.
 Obtain the consent of the fellow advocates for vakalat in the same case.[2]

Advantages of having codified professional ethics

 Means of social control. It will keep up with the new perspectives brought to the
profession according to the social requirements and expectations. The dignity of
the profession will be required to be maintained in order to retain the confidence of
the public in it.
 Ethical codes prevent interference of government in such matters through its
agencies. If a degree of standardization is needed, it will keep Governmental
interference outside.
 Ethical codes are important in developing higher standards of conduct. The code
also brings about a sense of judgment towards the profession
 The existence of the code will have great educative, corrective and appreciable
value for both the lawyers and the common men.[3]

Authority Concerned

 State Bar Council and its Disciplinary Committee

Section 35 of the Advocates Act deals with the provisions regarding formulation and
functioning of Disciplinary Committee under the State Bar Council. Under this, if any legal
practitioner is found guilty of any professional misconduct, after providing an opportunity of
being heard may make any of the following orders:

 Dismiss the complaint or where the proceedings were initiated at the instance of
the State Bar Council, direct that the proceedings be filed;
 Reprimand the advocate;
 Suspend the advocate for a period as it may deem fit;
 Remove the name of the advocate from the State roll of advocates.

In the case of Nortanmal Chauaisia v. M.R. Murli, the Supreme Court held that the term
Misconduct had not been defined under the Advocates Act. But the term envisages a breach
of discipline, although it would not be possible to lay down what would lead to misconduct or
indiscipline, which is wide enough to include wrongful act or omission, whether done
intentionally or unintentionally. It also means improper behaviour, intentional wrongdoing or
deliberate violation of a rule of the standard of behaviour.

PURPOSE OF VISIT:
Visiting the district court was an interesting opinion. Though, by now, we are aware of the
working of the courts, still it felt like a new experience. The cases were petty in nature with
most of the cases being that of the civil matters like matters related to property, accident
cases & cases related to theft. It is a huge measure to resolve the backlog of cases that India
suffers from.

The purpose of the visit was to understand the working of a court, the nature of duties of the
judicial officers. The visit was to help us in understanding the role of court in dispensing
justice in any case, the role of prosecutors in a case, the way cases proceed in a court, the way
judges, prosecutors and defense lawyers handle the case, the relationship of the prosecutors
and the police. This gave an opportunity to understand the actual need of co- ordination in the
justice system. The visit included an in-depth study of the day to day functioning of the Civil
and Criminal Courts, at different levels and over a vast variety of cases. The aim was to
evaluate the resources available and the distribution of power between the judges, the
prosecution, and the defense council.

70 students from National Law Institute University, Bhopal visited the Hon’ble District &
Session Court, Bhopal on 14th December, 2019. We were accompanied by Prof. Dr. P.K.
Shukla.

The visit was permitted by the District & Session Judge, Bhopal which was obtained by Dr.
P.K. Shukla, Prof. of NLIU, Bhopal. The day started with a brief note given to the students
about the Court and court rooms by one of the Advocate, who is practicing Advocate at
District Court, Bhopal. She guided all the students and dictated the Jurisdiction of the
different courts.
We obtained valuable knowledge by our allotted judge.He explained Court proceedings in
detail and suggested students to read Bare Acts and attend regular class lectures. The students
visited different Court Rooms and observed Court Proceedings.

He also told us who is judge?

What does a Judge do?

According to him Judges are who apply the law to court cases and oversee the legal process
in courts. They also resolve administrative disputes and facilitate negotiations between
opposing parties. Most judges are employed in the various levels of government. Most work
in courts, and the majority work full time.

 Research legal issues

 Read and evaluate information from documents such as motions, claim applications, or
records

 Preside over hearings and listen to or read arguments by opposing parties

 Determine if the information presented supports the charge, claim, or dispute

 Decide if the procedure is being conducted according to the rules and law

 Analyse, research, and apply laws, regulations, or precedents to reach judgments,

conclusions, or agreements

 Write opinions, decisions, or instructions regarding the case, claim, or dispute.

The purpose of the visit as told by our college was:-

 To understand the working of the court and organization of public prosecutor office.
 The nature of the duties of the judicial officials.
 To help us understand the role of court in dispensing justice in any case.
 The way judge, prosecutors and defence lawyers handle cases.
 The relationship of the prosecutor and police.

Accordingly, the set of rules that govern their professional conduct arise out of the duties that
they owe to 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 provided under section 49(1)(c) 1
of the Advocates Act, 1961.

 Function of court room staff

1) Reader to the Honourable Judge:- He maintains all the cases files of all the cases being
heard in the court and promote the judge with the various cases and different documents.
2) Steno:- Stenographer was siting slightly higher platform under the judge. He maintain the
verbatim written record of what was being said during the trial. The main reason why the
written account of the proceeding is kept because if the parties wish to appeal the judge
decisions at a later stage.
3) Typist:- Types each and everything that is going on in the court room.

1
49. General power of the Bar Council of India to make rules.—
(1)  The Bar Council of India may make rules for discharging its functions under this Act, and, in particular, such rules may prescribe—
2[(a) the conditions subject to which an advocate may be entitled to vote at an election to the State Bar Council including the qualifications
or disqualifications of voters, and the manner in which an electoral roll of voters may be prepared and revised by a State Bar Council;
(c) the standard of professional conduct and etiquette to be observed by advocates;
Visit to District and Sessions Court, Bhopal, Court No. 26 (Second Floor, S-13)
Judge: Justice Hiralal Alawa, II Civil Judge Class-I
Single Bench for Criminal Matters
Observed the proceedings for evaluating rules and laws related to Professional Ethics.

Case 1: State v Afsar & Ors., Regular Criminal Trial

Stage of proceedings: Appearance of accused and surety
Advocates for State: Assistant District Public Prosecutor Mr. Amit Shukla
Advocate for Respondents: Mr. Kamal Amraq Khan
Provisions Involved: Indian Penal Code, Section(s) 294, 323, 506, 34

Facts:
The case concerned an issue of domestic violence. On 2nd August, 2019, the complainant Mahrookh’s sister
was coming to visit her at her husband’s house. The husband’s parents and relatives also resided with them. On
reaching the house, the sister witnessed the husband and in-laws beating her sister. Post this, she immediately
took her to her house in a nearby district.
A medical examination of the victim was conducted at Gandhi Medical College, Bhopal. The medical report
issued by the same highlighted aggravated assault and trauma to the left side of her body, specifically her chest
and shoulder. Both the medical report along with X-rays as well as a map of the location of the crime were
provided in the Crime Details Form. Since the Shajanhanabad Police station had jurisdiction over the incident,
an FIR was filed there itself. The record mentioned Ashok Kumar as the Head Constable overseeing the matter.
A chargesheet was prepared including offenses under sections 294, 323, 506 and 34 of the Indian Penal Code
which relate to obscene acts in a public place, voluntary hurt and criminal intimidation, all committed by the
family members with a common intention,

The matter was adjourned as the accused’s advocate requested for more time.
Next Purpose : Appearance of Accused/ Surety

The enforcement of law was visible as the victim was provided adequate medical attention and the FIR was
immediately registered by the police.

The lawyer for the respondent requested for more time as they could not find a surety for the accused. The next
date of hearing was set for 8th January, 2020.

Ethical Considerations:
As the matter went on for a few seconds, i did not get a chance to interact with the lawyer. However, I did not
notice anything which would be unbecoming of a legal professional.
Case 2: State v Sohel Khan
FIR Details @ Police Station: HANUMANGANJ
Stage of proceedings: Argument on Charge
Advocates for State: Assistant District Public Prosecutor Mr. Amit Shukla
Advocate for Respondents: Mr. Kamal Amraq Khan
Provisions: MP Excise Act, 1915: Section 34(2)

Facts: Inspector Mr. Hari Nami, received an anonymous tip regarding a vehicle carrying alcohol. Acordingly,
the Inspector reached Nehru Nagar Chouraha at around 9:30PM and stopped Vehicle no. MP05T0378. In the
vehicle the accused: Mr. Ayush Sharma, Mahendra Dixit, Sagar Sharma and Bablu Singh were present and in
possession of the following:
a) 20 Peti of normal desi liquor
b) 10 Peti of Desi Madiram Masalal Lal liquor
The estimated value of the confiscated goods amounted to Rs. 1,05,000.
Accordingly, an FIR was lodged with the Shahjajhanbad Police Station for violating Section 34(2) of the MP
Excise Act.
Next Purpose: Argument on Charge
Reason for adjournment: Petitioner Requested for time.

Ethical Consideration:
In this case, the lawyer for the accused requested for more time to prepare. I feel that the frequent and repeated
adjournments are a huge cause for backlog in the lower court level.
Case 3: State v Abdul Shahid & Ors.
Stage of proceedings: Bail Hearing
Advocates for State: Assistant District Public Prosecutor Mr. Amit Shukla
Advocate for Respondents: Mr. Sekh Vakeel
Provisions: Section 420 of the Indian Penal Code

Facts:
The last case for the day was one of habitual fraud. The accused was charged with several instances of cheating
under section 420 of the Indian Penal Code. He was expelled from the transport service in which he was
employed, for the same reason. The accused then proceeded to abscond after the charge sheet was filed. In the
interim, he was further accused of stealing cars and selling them to prospective buyers. On finally being
arrested, he was applying for bail before the judge. The Prosecution was adamant that this plea be disallowed
since the accused was a major flight risk.
The judge finally denied the bail plea and ordered the accused back to custody.

Ethical Considerations : I could not notice any

Case 4: State v Ayush Sharma

Stage of proceedings: Bail Hearing
Advocates for State: Assistant District Public Prosecutor Mr. Amit Shukla
Advocate for Respondents: Mr. Kamal Khan
MP Excise Act, 1915: Section 34(2) :
FIR : Police Station: SHAHJAHANABAD

The complainant, Mr. Rajendra Solonki (Inspector), received a tip regarding an unauthorised vehicle carrying
liquor. The events happened at 12AM on 4.09.2019. The police stopped the four wheeler with registration no.
MP70MB7186. The vehice was driven by Mr. Sohal Khain (Defendant) and upon inspection of the vehicle, 3
crates of Desi Alcohol was found covered in a Khaki Cloth. The police lodged an FIR with the Hanumanganj
Police Station under Section 34(2) of the MP Excise Act.
Next Purpose: Argument on Charge

Reason for adjournment: Petitioner Requested for time.

Ethical Consideration: It is important that the accused is informed of the grounds against him, so the prosecution
should be prepared for the charge related hearing.
PROBLEMS FACED BY COURTS:

The following are the problems faced by courts in the present era:
(1) The number of courts and judges available in all grades are greatly inadequate,
(2) Increase in flow of cases in recent years due to multifarious Acts enacted by the Central
and State Governments,
(3) The high Cost involved in prosecuting or defending a case in a court of law, due to heavy
court fee, lawyer's fee and incidental charges and for the Courts to cope up with the ever-
increasing cases with the given infrastructure and manpower.

SUGGESTIONS
Thought the judiciary is doing its best in establishing a true democracy, it needs some
reforms also:-
1) There should not be much delay in giving the judgments as it leads to increase in
burden over the work of judiciary. The investigation agency i.e. the police and the
prosecutor plays an important role here and they should do their job sincerely and
timely to curb the problem.
2) Parking system outside the court should be managed properly either by the MCD or
some private player.
3) No doubt that was complete silence inside the courtroom to respect the judge but the
same should be followed outside the courtroom also by the litigant to maintain the
peaceful environment.
4) Encourage the Alternate Dispute Redressal for petty dispute, family disputes etc. to
decrease the workload of the judiciary.
CONCLUSION
Professional ethics can also be stated as the duties that have to be followed by an advocate
during his profession. These are moral duties and the very basic courtesy which every person
in this field should know. An advocate who does not work with sincerity and does not follow
the rules of conduct is said to have violated the code of ethics of this profession. The
fundamental aim of legal ethics is to maintain honor and dignity of the legal profession to
ensure the spirit of friendly co-operation, honorable and fair dealing of the counsel with his
clients as well as to secure the responsibilities of the lawyers towards the society.