G.B.

Pranav sriram

BA0150031

Disadvantage of Indian lawyers in Transnational cases

Ethics is an essential ingredient of professionalism. Professional ethics in legal

profession is important because law is considered as a noble profession. Indian
lawyers are controlled by the Bar Council of India.Professional ethics is developed by
way of practices and traditions. The Advocates Act 1961, is the prime parliamentary
legislation which governs the Bar activities and works for enforcement of professional
ethics by providing punishment to the advocates who has failed to perform his duties.
The most important scope of the legal ethics is to uphold the dignity and order of the law
profession; to establish moral and fair transactions of the advocates with their clients,
witnesses, and opponents; to maintain a spirit of friendly collaboration between the bar and
bench in the furtherance of highest standard of justice; and to demonstrate a spirit of fraternity
with bar.

An Indian lawyer is supposed to follow British practises of ethics. For example he is

supposed be mindful that the dignity and reverence upheld towards courts are critical for the
existence of a free community.The BCI Rules prescribe how advocates should dress in court
—they should be presentable all the time. However, outside court, particularly in other public
places than on ceremonial occasions and as prescribed by the BCI and the court, advocates
must not wear gowns or bands.Also Advocates must not act, or must stop acting further, in
cases of conflict of interests between two current or potential clients; the advocate and the
client or potential client; and a current client, a potential client or between potential clients .
And one of the major disadvantage is they are prohibited from advertising also. Analysing the
Bar council of India rules we can come to a conclusion that rules of it are mostly outdated and
it stands as a barrier in transnational cases. There is an ethical dilemma for the lawyers. Indian
rules are mostly contradicting other states. Because of the strict restrictions by the BCI the
Indian lawyers miss out on various transnational opportunities.
The fundamental aim of legal ethics is to maintain the honour and dignity of the law
profession, to secure a spirit of friendly co-operation, to establish honourable and fair dealings
of the counsel with his client, opponent and witnesses, to establish the spirit of brotherhood in
the Bar itself; and to secure that lawyers discharge their responsibilities to the community
generally. Legal profession is necessarily the keystone of the arch of government. Legal
profession is not a business but a profession. It has been created by the state for the public
good. However clients are also consumer who expect services. We cant leave out the essence
of consumerism in legal profession. Therefore our laws should be amended to match with
international standards. This would help our lawyers to compete in global level.