Meaning of Professional Code of Conduct
A code of conduct is a set of rules outlining the norms, rules, and responsibilities or proper practices of an individual party or an organization.
A code of conduct is the most common policy within an organization. This policy lays out the company's principles, standards, and the moral and ethical expectations that employees and third parties are held to as they interact with the organization.
A professional code of conduct guides individuals as to how they should behave in the workplace. Lawyers need to be aware of what is expected of them in the office and court. E.g. You just can’t behave the same way at court and with your client as you behave at home and with your family members.
E.g. Judges can be your best friend outside the court but at court, you have to respect him and also treat him like your judge. Professional ethics is essential for maintaining discipline in the workplace.
The provisions related to the Professional Code of Conduct for Lawyers have been described under Rule 3(1) of The Code of Conduct for Legal Practitioners, 2051. Every legal practitioner has to maintain these codes of conduct otherwise the legal practitioner who has breached and done any act against the Code of Conduct For Legal Practitioners then such a person is subject to disciplinary actions and punishment.
Read this also:- Can an unauthorized person represent a case on behalf of another?
Professional Code Of Conduct for Legal Practitioners
A Legal practitioner must abide by the following professional conduct which is mentioned under Rule 3(1) Professional Code Of Conduct for Legal Practitioners of Code of Conduct for Legal Practitioners, 2051:
(a) A legal practitioner shall not commit any act contrary to the basic principles of morality.
(b) A legal practitioner shall not induce his client to initiate any false case.
(c) A legal practitioner shall not fabricate a case to harass or to avenge any person.
(d) A legal practitioner shall not withhold his cooperation to the court in the disposal of cases either directly or indirectly.
(e) A legal practitioner shall not abuse or cause to abuse the judicial process.
(f) A legal practitioner shall not prohibit his client from making true statements before the court.
(g) A legal practitioner shall not spread disseminate or transmit false information of any kind which may bring dishonor to the court or Judge or legal practitioner during the discharge of judicial function.
(h) A legal practitioner shall not return the brief to his client in such a way that the service of a new lawyer could not be availed of by him.
(i) A legal practitioner shall not misappropriate the funds of any organization or association.
(j) A legal practitioner shall not act contrary to the following codes of conduct:
- shall be punctual to the court,
- shall appear in court in a prescribed dress with a black coat,
- shall show due respect to the Bench and opposing Counsel,
- shall refrain from making false accusations, expressing hatred angers or enmity against opposing counsel and his client,
- shall treat with courtesy to the officers/staffs of the Court,
- shall plead his case with due respect to the Bench only when his turn comes up.
(k) No precedent to be cited and knowingly pleaded which has been already overruled and no law be pleaded which is not applicable or is repealed or which has been amended subsequently, to benefit one’s client.
(l) A legal practitioner shall not knowingly assert any fact before the Bench unless the same could be substantiated by the documents from his case file.
(m) A legal practitioner shall not accept a case involving a document in which he has reason to believe to be called a witness.
(n) A legal practitioner shall not disclose any information communicated to him by his client in his professional capacity in any manner.
(o) A legal practitioner shall not raise/use a large signboard, with no previous designation or status not related to the legal practice to be published on a name card or visiting card or file or letter-pad with an objective of commercial publicity.
(p) A legal practitioner shall not raise/use a large signboard, and no previous designation or status not related to the legal practice to be published on a name card visiting card or file or letter-pad with an objective of commercial publicity.
(q) A legal practitioner shall not stipulate his fees on a percentage or on a contractual basis or by way of bidding from the client.
(r) A legal practitioner shall not appear before a court under the influence of any intoxicating drinks or drugs in the course of his professional duty.
(s) A legal practitioner shall not base his fees on the outcome of a case.
(t) A legal practitioner shall not submit any false record/statement to the council as and when demanded.
(u) A legal practitioner shall not certify or sign any document which has not been prepared by himself or under his instruction or advice the same is prepared by his junior working in his firm/chamber.
(v) A legal practitioner shall not use or engage any tout or agent for a commission to solicit any client.
(w) A legal practitioner shall not engage himself in the business/transaction of transfer of properties as a broker.
(x) A legal practitioner shall not be involved in drafting or pleading of the same case on behalf of both the plaintiff and defendant and also shall not instruct knowingly any other law practitioner or writer or other persons who work under/with him.
(y) A legal practitioner shall not prepare/use any blank paper obtained from the client converting the same into a legal deed or construct a document to gain benefit for himself and causing harm to the client.
(z) A legal practitioner shall not destroy or otherwise render invalid as evidence any original document obtained from the client on instance from the opposite party to the case.
(aa) A legal practitioner shall not make available any original documents/evidence received from his client to the opposite party with a motive to bestow benefit to the latter.
(ab) A legal practitioner shall not commit any kind of corruption-related offense.
(ac) A legal practitioner shall not commit any crime related to moral turpitude.
Read this also:- Can a retired Judge practice law?