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    0 - Ethics Professional

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    Nirukt 20

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    0 - Ethics Professional

    Uploaded by

    Nirukt 20
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    0_Ethics professional

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    5 views2 pages

    0 - Ethics Professional

    Uploaded by

    Nirukt 20

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
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    of 2

    The Shadow of Dishonesty: Confronting Unethical Practices in the Legal Profession

    The legal profession serves as a cornerstone of a just society. Lawyers, as officers of the court,
    are entrusted with the immense responsibility of upholding the law, protecting the rights of their
    clients, and ensuring fairness in the judicial system. However, the pursuit of justice can be
    tarnished by unethical practices that erode public trust and undermine the integrity of the legal
    profession.

    During my internship at the Patiala House Court in New Delhi, I witnessed firsthand a troubling
    instance of unethical conduct. While observing a case related to a matrimonial dispute, I
    encountered a lawyer who demanded a 30% cut of any alimony awarded to the wife in the
    divorce settlement. This blatant attempt to exploit the client's vulnerability by basing the fee on
    the case's success is a clear violation of the trust and ethical obligations that bind lawyers to
    their clients.

    The Ethical Landscape: A Lawyer's Duty

    The Advocates Act, 1961, serves as the ethical compass for lawyers in India. This act outlines a
    set of principles that guide a lawyer's conduct, including:

    ● Duty to the Court: A lawyer must maintain the dignity and decorum of the court, presenting
    arguments fairly and honestly, and upholding the integrity of the judicial process.
    ● Duty to the Client: A lawyer's primary duty lies with their client. They are obligated to act in
    the client's best interest, maintain confidentiality, and provide competent legal representation.
    This includes charging fair and reasonable fees, transparently outlining the fee structure
    upfront, and avoiding any personal financial interest in the outcome of the case.
    ● Duty to the Profession: Lawyers have a responsibility to uphold the reputation of the legal
    profession by adhering to ethical standards and discouraging unethical practices within their
    peers.

    The lawyer's actions in the aforementioned case breached several of these core principles. By
    demanding a percentage of the alimony, the lawyer's primary motivation became personal gain,
    potentially overshadowing the best interests of the client. This practice can coerce clients into
    accepting a subpar settlement just to avoid losing a significant portion of their awarded amount.

    The Ripple Effect: Why Unethical Practices Matter

    Unethical conduct by lawyers has far-reaching consequences that extend beyond the immediate
    case. Here's how it negatively impacts the legal system and society at large:

    ● Erosion of Public Trust: When lawyers engage in unethical practices, it erodes the public's
    faith in the legal system. People start questioning the fairness of the process and become
    hesitant to seek legal help, hindering access to justice.
    ● Disadvantage for Vulnerable Clients: Unethical practices often target vulnerable clients
    experiencing emotional distress or financial hardship. These clients may be less likely to
    understand their rights or challenge the lawyer's demands, leading to exploitation and
    manipulation.
    ● Discouragement of Ethical Lawyers: Unethical practices create an unfair advantage for
    those who prioritize personal gain over ethical obligations. This discourages honest lawyers
    who may struggle to compete financially with their unethical counterparts.
    ● Damage to the Legal Profession: Unethical practices undermine the reputation and
    integrity of the entire legal profession. It casts a shadow on the dedicated and ethical lawyers
    who uphold the true values of justice.

    Combating the Shadow: Solutions for a Brighter Future

    Fortunately, there are steps we can take to combat unethical practices and restore public trust in
    the legal profession. Here are some key solutions:

    ● Promoting Ethical Awareness: Educational programs focusing on lawyer ethics should be


    mandatory for law schools and continuing legal education courses. This will ensure lawyers
    have a deep understanding of their ethical obligations and the consequences of misconduct.
    ● Empowering Clients with Knowledge: Public awareness campaigns can educate potential
    clients about their rights, ethical behavior they can expect from their lawyers, and avenues for
    reporting unethical conduct.
    ● Strengthening Enforcement Mechanisms: Bar Councils need robust enforcement
    mechanisms to investigate complaints against lawyers and impose appropriate disciplinary
    actions, including suspension or disbarment for serious violations. Additionally, establishing
    whistleblower protection policies can encourage ethical lawyers to report misconduct within
    their firms or peer groups.
    ● Leveraging Technology for Transparency: Technology can be used to create online
    platforms where clients can access information about lawyer fees, disciplinary records, and
    client reviews. This promotes transparency and empowers clients to make informed
    decisions when choosing a lawyer.

    Conclusion: A Collective Responsibility

    Combating unethical practices in the legal profession is a collective responsibility. Lawyers, Bar
    Councils, legal education institutions, and the public all have a role to play. By promoting ethical
    awareness, strengthening enforcement mechanisms, and empowering clients, we can create a
    legal system where integrity and fairness reign supreme. The incident I witnessed served as a
    stark reminder of the importance of ethical conduct in the legal profession. Only through a
    collective effort can we ensure that the shadow of dishonesty does not obscure the pursuit of
    justice for all.

    Word count: 698

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