Introduction:

Every profession adheres to its set of professional conduct, and the legal field is no exception. The Bar Council of India outlines several crucial professional conduct guidelines that are essential for every lawyer to uphold. This discussion sheds light on seven practices considered unethical in the legal domain.

To learn more about the topic, read the blog till the end, and if there lies any more doubt, feel free to reach out to us at; https://thelegalshots.com/legal-opinion/ 

1. The first unethical practice involves individuals practicing law without obtaining an LLB degree or a bar council degree. Such actions are not only unethical but also criminal, leading to potential punishment under Section 45 of the Advocate Production Act, including a six-month sentence and possible charges under Section 420 or YPC.
2. The second practice prohibits lawyers from engaging in any form of business unrelated to their legal practice. The Bar Council of India asserts that a lawyer can only conduct business if licensed for legal practice. Undertaking non-legal businesses requires surrendering the legal practice license.
3. The third ethical consideration emphasizes providing accurate opinions to clients. The Bar Council mandates that lawyers must always offer the right opinion to their clients. Providing incorrect opinions can be deemed professional misconduct, as affirmed by the Supreme Court of India in the Panduranga Sitaram Bhagawat v. State of Maharashtra.
4. The fourth limitation prohibits lawyers from associating with the opposite party. Engaging or involving with the opposing party’s lawyer is considered immoral, unethical, and illegal. The Bar Council strictly prohibits such involvement, stating that professional misconduct cases will be filed against the lawyer.
5. Lawyers are strictly prohibited from accepting bribes, a common unethical practice in which bribes are taken in the name of judges or the opposing party. The Supreme Court of India, in the case of Purshottam Eknath Nemade v. D.N. Mahajan & Others, held that lawyers accepting bribes will face accusations, leading to FIR, court cases, contempt of court, and professional misconduct.
6. Lawyers should refrain from buying or selling any disputed property, especially if they are handling a client’s property case. The landmark judgment in P.D. Gupta v. Ram Murthi resulted in the suspension of a lawyer’s license for one year when he purchased his client’s property.
7. Lawyers are prohibited from participating in strikes, despite the common practice of legal professionals going on strike. The Supreme Court of India, in the case of Ex-Capt. Harish Uppal v. Union of India, explicitly stated that lawyers are not allowed to go on strike.

In conclusion, adherence to ethical guidelines is paramount in the legal profession, as outlined by the Bar Council of India. The seven banned activities discussed underscore the importance of upholding professional conduct, ranging from obtaining proper legal qualifications to refraining from engaging in unethical practices such as accepting bribes or participating in strikes. Upholding these standards not only ensures the integrity of the legal system but also maintains trust and confidence in legal practitioners among the public.

To understand more such complex law in simple ways, stay connected with www.thelegalshots.com .

If doubts still persist, contact our Legal Experts at https://thelegalshots.com/legal-opinion/