Legal Ethics
Malik Mohamadsahaj Inayatkhan
Shri S.m. Shah Law College, Mehasana (Gujarat )
This Blog is written by Malik Mohamadsahaj Inayatkhan, a Law Graduate of Shri S.m. Shah Law College, Mehasana (Gujarat )
Introduction :
The word ethics is derived from the Greek word ‘ethos and the Latin word ‘mores’. Together they combine to define how individuals choose to interact with one another. In philosophy, ethics defines what is good for the individual and for society and establishes the nature of duties that people owe to themselves and one another. Ethics and the legal profession often work hand in hand. The legal profession is a noble profession. The nobility of the legal profession is maintained by the adherence and observance of a set of professional norms by those who adopt this profession. It is known as legal ethics or the ethics of the legal profession. The fundamentals of legal ethics may be defined as a code of conduct written or unwritten for regulating the behaviour of a practicing lawyer towards himself, his client his adversary in law, and the court.
The object of professional ethics :
The primary object of ethics in advocacy is to maintain the dignity and integrity of the legal profession. Legal ethics ensure that the legal fraternity serves society honestly and presents each case in the most formal way possible so that the litigants have faith in not only their legal representative or lawyer but also in the justice system. Not only the lawyer but also the judge needs to have a sense and understanding of legal ethics to maintain the functionality of Indian Courts. One of the fundamental aims of legal ethics is to seek a spirit of friendly cooperation amongst the bar, bench, and clients. Standards of ethics exist between the lawyer and his client, the opponent and the witness being questioned, and of course between the Judge and the lawyer.
The legal profession has been created by the state to serve the litigatory needs of the public. Thus, it is not a business it’s a profession. Consequently, 3 fundamental bases of legal ethics give an insight into the essence of the legal profession:
1. The organization of its members for the performance of their function;
2. Maintain certain standards at both the intellectual and ethical levels to preserve the dignity of the profession;
3. Pecuniary gains must be subordinate to the client’s interest.
Legal ethics and the moral compass :
Legal ethics plays an important part in ensuring that the conduct of lawyers meets the requirements of a fit and proper person and protects the public from unprofessional and unethical lawyers. Legal ethics should also play a significant role in guiding lawyers to avoid the pitfalls or possible reasons for not being a fit and proper person. If legal ethics plays a role in helping a person to be fit and proper, what role does a moral compass have? To explore the relationship between legal ethics and the moral compass. We need to explore what each is.
Understanding the basics of Legal Ethics :
Before delving into the specifics, it is crucial to grasp the basics of legal ethics. Legal ethics refers to the moral principles and guidelines that govern the behaviour of legal professionals, including lawyers, judges, and legal practitioners. It encompasses various
principles such as confidentiality, honesty, integrity, and fairness. By adhering to these principles. Legal professionals maintain public trust and uphold the integrity of the legal system.
Conclusion :
In the field of law, being ethical is not just a rule; it’s like a compass that helps lawyers become good at their job. Legal ethics are not just about avoiding problems; they are like a plan that turns lawyers into smart defenders, reliable advisors, and good citizens. By following these important rules, new lawyers can build a path of honesty, skill, and feeling good about their work. They provide not only top-notch legal education but also emphasize proper training in legal ethics.
References :
· https://blog.ipleaders.in/indian-courts-professional-ethics/
· https://www.shobhituniversity.ac.in/blog-details.php?blog_id=30
· https://blog.ipemgzb.ac.in/importance-of-legal-ethics-in-law-programs/