QUESTION NO 1 DISCUSS THE ROLE OF THE BENCH & BAR IN THE

ADMINISTRATION OF JUSTICE AND WRITE DOWN THE

REALTIONSHIP BETWEEN THEM
Answer: ROLE OF THE BENCH & BAR IN THE ADMINISTRATION OF
JUSTICE AND THE RELATION SHIP BETWEEN THEM The advocates
are known as the 'Bar' as a whole body of advocates and an advocate
represents the Bar. In short, Bar is a collective term for the attorneys
who are licensed to practice in the Courts, or a particular court, of
any state. On the other hand Bench means all the judges taken
together as distinguished from the ‘Bar’ the name for all the
members of the legal profession-bench is that part of the court
considered in its official capacity, while the judges are sitting. Further
the Role of the Bar in administration of Justice- a) Every Lawyer is
responsible for observance of the Rules of Professional Conduct. b)
They should give due respect to the judges and they must avoid
speaking ill of the judges and the judiciary c) They should help the
judges in the trial of the cases by presenting the relevant law in the
correct and clear manner. d) They should never act in such a way as
to irritate the judges. e) If the judges pronounce a wrong order, they
should not criticize the judges. They should also try to set right the
wrong order through appeal. f) For getting favorable orders they
should not give pressure or influence on the judges. g) If the judge’s
behaviour is irritating and disrespectful to the Advocates should not
enter into a direct confrontation with the judge) Though the Bar
Association, the matter should be discussed with the judge in his
chamber and shall request to avoid such misbehavior. Role of the
Bench- a) Impartiality: Judges should act impartially. They should not
act in favour of any Advocate or a party to the dispute. A judge has to
be impartial in his dealings with advocates. The judge should not only
be free from bias or interest in any case rather he should not be
guided by obstinacy and snobbery in his conduct with advocates. b)
Avoidance of interruptions: As far as possible, Judges must avoid
interruptions while the Advocate is examining witnesses and arguing
the case. c) Unwarranted interference and adverse comments by the
Judges may upset the Advocates and thereby they may not be able to
present the case properly. Unwarranted interference and adverse
comments by the Judges may upset the Advocates and thereby they
may not be able to present the case properly. Proper Interpretation:
During he process of administration of justice, often the courts have
to interpret the Act, Rules, Codes, etc. In such cases, proper
interpretation THE REALTIONSHIP BETWEEN THEM The Bar and
Bench play important role in the administration of justice. According
to Justice C.L. Anand, there is no office in the State of such power as
that of the Judge. Judges hold power which is immensely greater
than that of any other functionary. The important role of the Bar and
Bench is to render Administration of justice. In the Administration of
justice, the role of Advocates is also equally important just like the
judges. Therefore, rendering justice is their joint responsibility.
Without the help of Advocates, it is very difficult for the judges to
arrive at a correct decision in a dispute. There requires a cordial
relationship between the Advocates and the Judges. The Bar
(Advocates) and Bench (Judges) play an important role in the
administration of justice. The judges administer the law with the
assistance of the lawyers whereas Lawyers are the officers of the
Court, they guide the court to reach justice. If “the independent
judiciary is the pillar of democracy, the Bar is the foundation of the
independent Judiciary. The Bar and Bench are two sides of a coin. In
the administration of justice unless harmony prevails between the
Bar and the Bench, no desired results to uphold the majesty of the
institution could be achieved.
QUESTION NO 2 Discuss What Is Meant By Mis-Conduct Of A
Lawyer And What Consequences A Lawyer May Have To Face If He
Is Held Liable For Misconduct.

Answer: Misconduct means any acts which are unlawful in nature

even though they are not inherently wrongful. Advocacy is a noble
profession because of which advocates are considered to be most
responsible, privileged and knowledgeable person of the society and
their acts are the role model for the society. An advocate which
seeks to fulfil his selfish ends at the cost of his client such act
amounts to disqualification for an advocate to continue in Legal
profession. Section 35(1) of the Advocate Act, 1961, says, where on
receipt of a complaint or otherwise a State Bar Council has reason to
believe that any advocate on its roll has been guilty of professional or
other misconduct, it shall refer the case for disposal to it disciplinary
committee. Some of the instances of professional misconduct are as
follows A) Professional negligence B) Misappropriation C) Changing
sides D) Contempt of court and improper behaviour before a
Magistrate E) Furnishing false information F) Giving improper
advice G) Misleading the clients in court H) Not speaking the truth
I) Disowning allegiance to the court.

Consequences A Lawyer May Have To Face If He Is Held Liable For

Misconduct: (a) dismiss the complaint or, where the proceedings
were initiated at the instance of the State Bar Council, direct that the
proceedings be filed; (b) reprimand the advocate; (c) suspend the
advocate from practice for such period as it may deem fit (d) remove
the name of the advocate from the State roll of advocates
QUESTION NO 3 Duties of an advocate towards his clients, courts
and other advocate.

Answer: COURT- > Act in a dignified manner. > Respect the court >
Not communicate in private. > Refuse to act in an illegal manner
towards the opposition. > Refuse to represent clients who insist on
unfair means. > Appear in proper dress code.

CLIENT- > Bound to accept briefs. > Not withdraw from service. > Full
and frank disclosure to the client. > Not appear in matters where he
himself is a witness. > Uphold the interest of the client.> Not disclose
the communications between the client and himself. > Not appear for
opposite parties.

OTHER ADVOCATES- > Not advertise or solicit work. > Sign-board and
Name-plate. > Not promote unauthorised practice of law. > An
advocate shall not accept a fee less than the fee, which can be taxed
under rules when the client is able to pay more > Consent of fellow
advocate to appear.

NOTES: PLEASE WRITE ONE OR TWO SENTENCES FOR EVERY ABOVE

POINT IN ORDER TO ENLARGE THE ANSWER

QUESTION NO 4 What is professional ethics. What is the need for

the code of legal ethics?

ANSWER: Professional ethics are principles that govern the

behaviour of a person or group in a business environment. Like
values, professional ethics provide rules on how a person should act
towards other people and institutions in such an environment.
Professional ethics concerns the moral issues that arise because of
the specialist knowledge that professionals attain, and how the use of
this knowledge should be governed when providing a service to the
public. Professional ethics comprises: Fair dealing a) Individual
responsibility and accountability b) Respect for others c)
Compliance with applicable laws and regulations d) Compliance
with applicable university policies and procedures e) Use of
university resources f) Conflicts of interest or commitment g) Ethical
conduct of research h) Records: confidentiality/ privacy and access
i) Internal controls j) Financial management k) Reporting violations
and protection from retaliation (Note please write few lines for
each caption to enlarge the answer)

What is the need for the code of legal ethics? The fundamental aim
of legal ethics is to uphold the honour and dignity of the legal sphere,
ensuring the spirit of friendly cooperation, mutual and fair dealing of
counsel with clients, and to secure lawyers’ responsibilities to
society. It’s important that professionals in the legal field conduct
themselves with integrity and provide the best assistance possible to
the court while promoting confidence in the legal system. In carrying
out their duties, professionals in the legal field are required and
expected to deal with other members of the same profession with
courtesy and integrity.
QUESTION NO 5 State the composition and function of the state
bar- council of India

Answer: COMPOSITION: Section 3 of the Advocates Act mandates

that there shall be a Bar Council for every state, and it shall be called
as Bar Council of that state. There shall be fifteen members in a State
Bar council if the electorate doesn’t exceed five thousand. And it
becomes twenty if the electorate ranges between five thousand and
ten thousand. There shall be twenty-five members in the Council if
the number exceeds ten thousand. The members of the Council are
elected through system of proportional representation by means of
the single transferable vote from amongst Advocates on the electoral
roll of the State Bar Council FUNCTIONS: Section 6 of the Act lays
down the important functions of a State Bar Council. They are;

 To admit persons as Advocates on its roll.

 To prepare and maintain such roll.
 To entertain and determine cases of misconduct against
Advocates on its roll.
 To safeguard the rights, privileges and interests of Advocates
on its roll.
 To promote and support law reform.
 To conduct seminars and organise talks on legal topics by
eminent jurists and publish journals and papers of legal
interest.
 To organise legal aid to the poor.
 To manage and invest the funds of the Bar Council.
 To provide for the election of its members.
 To visit and inspect Universities in accordance with the rules
for imparting legal education.
 To promote the growth of Bar Associations for the purpose
of effective implementation of welfare schemes introduced
by the Council.
 To perform any other functions as prescribed by the Act.
QUESTION NO 6 What is the disciplinary committee under the
advocate act and its power.

ANSWER: Disciplinary committee means a person or a group of

people who are empowered to hear cases and proceedings involving
professional misconduct of an advocate upon a complaint,
revision . The disciplinary committee is mainly formed to ensure that
the members of the bar council of India or the bar council of any
state are maintaining professional ethics and standards. The
disciplinary committee is mainly formed to ensure that the members
of the bar council of India or the bar council of any state are
maintaining professional ethics and standards. Constitution of the
Disciplinary Committee Section 9 provides that the one or more
disciplinary committee are required to be formed and each of these
disciplinary committee shall consist of three members. The election
of two from the three members of the disciplinary committee shall
be done by the Council from the members of the Bar Council of India
itself. The third member shall be co-elected by the Council outside of
the members of the Bar Council but who shall be an advocate and
possess qualifications as prescribed in Section 3(2) of the Advocates
Act, 1961. The section further states that the senior most advocate
shall be the chairman of the committee. The term of members of this
committee shall be not more than 3 years.

Powers of Disciplinary Committee

The section 42 of the Advocate’s Act, 1961

Summoning and enforcing the attendance of any person and

examining him on oath.

Requiring discovery and production of any documents.

Receiving evidence on affidavits.

Requisitioning any public record or copies thereof from any court or

office.

Issuing commission for the examination of witness or documents.

Any other matter which may be prescribed.

QUESTION NO 7 What do you mean by the expression of the senior
advocate. Discuss the role of senior advocate in the dignity of legal
profession.

Answer: Section 16 provides that there shall be two classes of

advocates, namely, senior advocates and other advocates. An
advocate may, with his consent, be designated as senior advocate if
the Supreme Court or a High Court is of opinion that by virtue of his
ability, standing at the Bar or special knowledge or experience in law,
he is deserving of such distinction. Senior advocates shall, in the
matter of their practice, be subject to such restrictions as the Bar
Council of India may, in the interest of legal profession, prescribe. An
advocate of the Supreme Court Who was a senior advocate of that
Court immediately before the appointed day shall, for this purpose
be deemed to be a senior advocate. Applications for designation as a
senior advocate would be received and vetted by the Secretariatof
the Permanent Committee, which will process the applications and
send a report to the

Committee. The Committee has to then interview the applicants and

assess them based on the
following factors:
1. Number of years of experience;
2. Their contributions to reported judgments of the courts, and the
number of such judgments
in the last 5 years;
3. Publications by them; and
4. Test of personality and suitability
Discuss the role of senior advocate in the dignity of legal profession.
The basic responsibilities of a senior advocate includes looking after
the works of the junior advocates and also tackle the complex legal
transactions, identifying the legal issues, offering the business and its
consumers’ optimum solutions. A Senior Advocate also ensures that
the business responds appropriately to any legislative changes in the
nation. The specializations also include regulatory work of corporate
legal services and their licensing. They also specialize in corporate
governance work which is inclusive of legal services processes,
contracts, complaints, and so on. The senior advocate is held
responsible for keeping the departments of the business organisation
and also the organisation at large informed on new laws, regulations,
and industry trends market trends, that affect the business as well as
assisting with the development of policies and training as necessary.
The senior advocate also performs other responsibilities which
deems fit for the perfect execution of his duties and objectives as
delegated by the Head of Legal, Chief Finance Officer, or the Client or
Employer.