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PROFESSIONAL ETHICS Duties & Privileges of Lawyer

By P RAMANATHA AIYER / N S RANGANATHA AIYER

Perhaps there could be no time more propitious than the present for reminding ourselves of the ethical values on which is founded the dignity and nobility of the legal profession. When the values are fast changing and the way of life based on old social philosophies is yielding to new currents of social thoughts giving rise to ever-widening horizons, the time is opportune for taking stock of ourselves as professional men in order to fit ourselves to play the role expected of us as intellectuals in the service of the changing society. There is no denying the fact the unless we adhere to certain ethical principles which are immutable and unchangeable we cannot hope to contribute our mite and talents for the advancement of the social order. Now that law is being regarded as an instrument for socio-economic progress of the society, the profession has to share the responsibility to fulfil that objective.

The citadel of law which so long has preserved justice as a cloistered virtue to be dispensed with from ivory towers, is seemingly crumbling, it becomes incumbent on us who are its votaries, worshippers and preceptors to re-appraise and re-assess our functions and methodology. The need of the hour is to retain what is essentially good and reject what at one time may have been thought good but in the context of the present times has become anachronistic. An undertaking of the basic ethical rules will be the very foundation for making law and justice an intelligent and useful instrument of socio-economic progress. It may be argued with certain amount of tenability that strict adherence to the principles of professional ethics as developed by English Barristers may not be conducive to the achievement of material success at the Bar in contemporary times yet it cannot be denied that a negation of those virtues and departures from those principles may be destructive of the institution itself.

It is a matter of common experience that among the evils which have crept in our professional life and have brought ridicule on us is the lack of character on our part in developing courage and fortitude to face many a crisis steadfastly, perseveringly and patiently with an ethical attitude of mind. A lawyer, as the very nature of his work entails, cannot keep himself aloof from his fellowmen for he has to gain experiences by coming into contact with them and their conditions of life without which he would not be able to assist those who stand in his need as professional adviser. The lawyers are made from the same society of men from which are drawn members of other professions and vocations. Then to expect that a person only because he is a lawyer is a superior person and a higher evolved being spiritually and morally than the average intellectual in the society would be too much.

A lawyer who is a part of the society is as much affected intellectually and psychologically by the currents and undercurrents that flow and mould the social norms as any other fellow citizen would be affected and it is unreasonable to regard a lawyer as not being a thread of the same moral fabric which binds the social order of his times. One hears too much of corruption and deterioration in the moral values, but the profession of law as a whole must take a legitimate pride that it has succeeded in preserving to a great extent the essence of ethical values and honesty of purpose. But that does not mean that when a person chooses to adopt the profession of law as a career he should not strive for a higher intellectual level and moral betterment.

A blind devotion to \\\'Mammon\\\' is not always conductive to moral and intellectual development. At a time when success at the Bar is regarded in terms of the earnings at the Bar we should all the more take care to develop an attitude of real and sincere service to the society whether or not the society compensates us for our efforts in terms of material wealth. From this point of view, it is necessary for the professional men to consider service as the primary virtue and the return in terms of money for the service rendered as secondary. This is one ethical principle which must be given its due place. We are sure the work would create the proper climate for us and remind us of all these ethical values which bring dignity and nobility to men in the legal profession and outside it.

Published Year: 2003
Format: n/a
ISBN: INAD2
Publisher: Lexis Nexis Butterworths Wadhwa Nagpur
No of Pages: 500

Our Price: India. Rs. 495.00

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