Paper 6.4 – Professional Ethics | Krishnamurthy Iyer's Advocacy | LLB 6th Sem

LLB · 6TH SEMESTER · PAPER 6.4 · BCI PRESCRIBED

⚖️ Mr. Krishnamurthy Iyer's Book on Advocacy

Professional Ethics (Clinical Paper – III) | Bar Council of India

Three (3) Year LL.B. Course · 6th Semester · Complete Study Notes

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Educational Disclaimer: This resource is for educational purposes only and does not constitute legal advice. All content is based on Krishnamurthy Iyer's book on Advocacy as prescribed by the Bar Council of India for the LLB 6th Semester curriculum. Students should always refer to original texts and consult qualified legal professionals for actual legal matters.

1📖 Introduction to Advocacy

According to Mr. Krishnamurthy Iyer, Advocacy is not merely a profession — it is a noble calling. A lawyer is an officer of the court, a guardian of the rule of law, and a protector of individual rights. The book teaches how to become not just a good lawyer, but a great advocate.

📌 What is Advocacy?

Definition: Advocacy means the art and science of pleading a cause before a court of law on behalf of a client.
Word Origin: The word "Advocate" comes from Latin advocare — meaning "to call to one's aid."
Legal Meaning: An advocate is a person enrolled in the Bar who is authorised to appear and argue cases before courts.
Broader Meaning: Advocacy includes the skill of cross-examination, drafting, arguing, and advising clients with professional ethics.
Noble Profession: Krishnamurthy Iyer calls law a noble profession because it is the backbone of justice delivery in society.

🏛 Nature and Importance of the Legal Profession

Officer of the Court: An advocate is not just a hired agent of the client — he is also an officer of the court and owes a higher duty to justice.
Guardian of Rights: Advocates protect the fundamental rights of citizens by ensuring fair trials and proper legal representation.
Role in Democracy: Without a fearless Bar and an independent judiciary, democracy cannot survive. Advocates are its pillars.
Balancing Act: An advocate must balance loyalty to client with duty to court — this is the central tension Iyer's book addresses.

📚 About Krishnamurthy Iyer's Book — Key Focus Areas

Chapter/Topic	Core Theme	Why It Matters for LLB Students
Qualities of an Advocate	Personal and professional attributes needed	Builds the foundation of character before entering courts
Duties of an Advocate	Duties to court, client, opponent, and society	Governs all professional conduct under Bar Council Rules
Examination of Witnesses	Art of examination-in-chief, cross & re-examination	Most critical trial skill — decides the outcome of cases
Art of Arguments	Opening, final arguments, written submissions	The visible face of advocacy — persuasion and reasoning
Professional Ethics	Bar Council Code of Ethics, misconduct	Mandatory ethical obligations prescribed by BCI
Bar-Bench Relations	Relationship between advocates and judges	Maintains dignity of courts and efficiency of justice

    Iyer's Golden Rule:
    "A lawyer who has mastered the law but lacks integrity is more dangerous than ignorance.
    The first duty of a lawyer is to be honest — to the court, to the client, and to himself."
  

2🌟 Qualities of a Good Advocate

Krishnamurthy Iyer dedicates significant attention to the qualities an advocate must develop. He classifies them into intellectual, moral, and professional qualities — together forming the complete portrait of a great advocate.

🧠 A. Intellectual Qualities

Knowledge of Law: An advocate must have thorough knowledge of substantive and procedural law. Ignorance of law is unacceptable for a professional.
Quick Thinking & Presence of Mind: Courts move fast. An advocate must think on his feet and respond to unexpected questions and objections without hesitation.
Research Ability: The ability to find, analyse, and apply precedents and statutes is what separates average lawyers from great advocates.
Power of Expression: Law without language is useless. An advocate must express complex legal ideas in simple, clear, and forceful language.
Analytical Ability: Breaking down facts, identifying legal issues, and applying law to facts with precision is the core intellectual skill of an advocate.

❤️ B. Moral & Personal Qualities

Integrity and Honesty: Iyer places integrity at the very top. An advocate who deceives the court loses his right to practice law — and his soul.
Courage: Physical and moral courage to argue unpopular causes, challenge powerful parties, and hold firm under pressure.
Patience and Perseverance: Cases are long, courts are slow, and clients are difficult. Patience is a professional necessity, not a virtue alone.
Empathy: Understanding the client's suffering and situation helps an advocate present facts with human authenticity.
Self-Discipline: Punctuality, preparation, sobriety, and professional appearance — all reflect self-discipline, which courts respect and clients trust.

💼 C. Professional Qualities

Quality	Simple Explanation	Consequence if Absent
Preparation & Diligence	Know your case inside-out before entering the court	Advocate will be caught off-guard; client suffers
Brevity & Clarity	Say what you need to say — briefly and clearly	Judges lose patience; arguments lose impact
Fairness to Opponent	Never misrepresent the opponent's case or suppress facts	Constitutes professional misconduct under BCI Rules
Responsiveness to Court	Answer what the judge asks, precisely and promptly	Creates bad impression; may be held in contempt
Dignified Conduct	Polite language, appropriate dress, respectful tone	Damages professional reputation and dignity of court
Confidentiality	Never reveal what client tells you in confidence	Breach of attorney-client privilege; disciplinary action
Avoidance of Touting	Never solicit clients through agents, advertisements, or touts	Suspension or removal from roll of advocates

3📋 Duties of an Advocate

Iyer explains that an advocate's duties are not single-dimensional. The advocate exists at the intersection of the client's interest and the court's demand for truth. These duties must be balanced with wisdom, skill, and integrity.

🏛 A. Duty to the Court (Highest Duty)

Paramount Duty: An advocate's duty to the court is supreme — it overrides even the duty to the client. The court must never be misled.
Not to Mislead: An advocate must never make false statements of fact or law before the court, even if instructed to do so by the client.
Cite Adverse Precedents: If there is a binding precedent against your client's case, you are duty-bound to bring it to the court's notice.
Maintain Dignity: Always speak respectfully to and about the court. Never use language that undermines judicial authority.
Not to Appear in Certain Cases: An advocate should not appear in a case where he is likely to be called as a witness, or where he has a personal interest.

👤 B. Duty to the Client

Duty	What it Means (Simply)
Honest Opinion	Give the client a true, frank assessment of the case — not false hope to retain fees
Confidentiality	Never reveal client communications; privilege survives even after the case ends
No Conflict of Interest	Never represent both parties in the same dispute; loyalty must be undivided
Diligent Representation	Work with full effort and preparation; neglect of a client's case is misconduct
Account for Money	Client funds held by an advocate must be accounted for and returned promptly
Not to Withdraw Without Notice	An advocate cannot suddenly refuse a case mid-way without valid reason and proper notice

⚔️ C. Duty to the Opponent and Opponent's Advocate

Fairness in Contest: Advocacy is not war. The opposing counsel is a colleague, not an enemy. The contest must be fair and within ethical limits.
No Misrepresentation: Never misstate the opponent's case or suppress facts that favour the other side.
No Browbeating: During cross-examination, the opponent's witness must not be harassed, abused, or intimidated — only legally cross-examined.
Corroboration of Dates: If an opponent requests time, agree where reasonable. Professional courtesy is a mark of great advocates.

🌏 D. Duty to Society and the Profession

Duty to Maintain Rule of Law: Every advocate has a duty to uphold constitutional values, democracy, and the rule of law even outside the courtroom.
Free Legal Aid: Iyer recommends that senior advocates should occasionally take up cases of the poor without fee — as a service to society and to the profession.
Uphold Dignity of Profession: Any conduct — inside or outside court — that brings the legal profession into disrepute is a violation of professional duty.
Training Juniors: Senior advocates have a duty to train, guide, and mentor young lawyers entering the profession.

4🔍 Examination of Witnesses

Iyer devotes the most detailed portion of his book to examination of witnesses, calling it "the supreme test of an advocate's skill." The outcome of most civil and criminal trials depends entirely on how witnesses are examined and cross-examined.

📊 The Three Types of Examination — At a Glance

Type	Conducted By	Purpose	Key Rule
Examination-in-Chief	The party who calls the witness	To bring out favourable facts to prove your case	No leading questions allowed (Sec. 142, Indian Evidence Act)
Cross-Examination	The opposite party's advocate	To test credibility, shake the witness, bring out contradictions	Leading questions ARE allowed (Sec. 143, Indian Evidence Act)
Re-Examination	The party who first called the witness	To clarify or repair damage done in cross-examination	Only new matters from cross-examination may be addressed

🎯 Art of Cross-Examination (Iyer's Key Principles)

Cross-examination is the Greatest Engine of Truth: Iyer quotes Wigmore — "cross-examination is beyond any doubt the greatest legal engine ever invented for the discovery of truth."
Prepare Before You Cross: Never cross-examine without a clear objective. Decide what you want from the witness before asking a single question.
The Rule of Silence: If a witness has not damaged your case, do NOT cross-examine. Every unnecessary question gives the witness a chance to reinforce their story.
Short, Leading Questions: Cross-examination questions must be short and leading (suggesting the answer). Never give a hostile witness the chance for a long narrative.
One Question — One Fact: Each question should establish only one fact. Multi-part questions confuse the record and allow evasive witnesses to escape.
Never Ask "Why": Asking "why" in cross-examination gives the witness an opportunity to explain and strengthen their original statement. Avoid it.
Finish on a High Point: Close your cross-examination when you have achieved your objective and scored a clear point — do not drag on unnecessarily.

⚠️ Common Mistakes in Cross-Examination (According to Iyer)

Cross-examining without purpose: Asking questions just to show you are working — without any clear goal — actually helps the opposing side.
Repeating the Examination-in-Chief: Simply asking the witness to repeat what they said in chief reinforces the opponent's case.
Asking one question too many: The most common mistake — a great cross-examination ruined by one extra question that allows the witness to explain away the damage done.
Losing composure: Getting angry with a witness, raising your voice, or becoming emotional destroys your credibility before the judge.

5🗣 Art of Arguments & Submissions

Iyer teaches that arguments are the visible art of advocacy. While cross-examination tests witnesses, arguments test the advocate's mastery of law, logic, and language. A well-structured argument can win even a weak case.

🎬 A. Opening Statement

Purpose: The opening statement introduces the judge to the case — what it is about, what you intend to prove, and how you will prove it.
Be Brief and Clear: Judges are busy. The opening should be a roadmap, not a full argument. Give the judge a clear map of where the case is going.
State Your Theory: Every case has a theory — a simple, believable story. State your theory of the case in the opening clearly and compellingly.
Avoid Over-promising: Do not promise in the opening statement what your evidence cannot deliver. An unfulfilled promise destroys your credibility in closing.

🏁 B. Final Arguments (Closing Submissions)

Principle	Iyer's Advice (Simply Explained)
Start with the Conclusion	Tell the judge what you want him to decide FIRST, then build toward it with reasons
Facts Before Law	A judge must be made to feel the justice of your case before he applies law to it
Brevity is Power	"If it is not said in 15 minutes, it will not be said better in 15 hours." — Iyer
Cite Exactly	Cite case law with precision — judgment name, citation, relevant paragraph. Sloppy citations insult the court
Acknowledge Weaknesses	Address the weak points of your case yourself — before the opponent does. It builds credibility
One Decisive Point	Find the single strongest point and hammer it home. Many mediocre points weaken your best one
Voice and Manner	Speak clearly, at moderate pace. Modulate voice for emphasis. Silence is a powerful oratorical tool

✍️ C. Written Submissions & Memorials

Clarity over Cleverness: Written arguments must be clear and straightforward. Courts do not reward clever writing — they reward clear thinking.
Structure: Every written submission should have: Facts → Issues → Law → Application → Prayer (Relief Sought).
No Repetition: Say something once, well. Repeating the same point wastes the court's time and dilutes the impact.
Accurate Quotations: When quoting judgments, quote accurately. Misquoting a judgment is a serious professional lapse.

6⚖️ Professional Ethics & Misconduct

The Bar Council of India Rules (Part VI of the Advocates Act, 1961) codify the ethical obligations of advocates. Krishnamurthy Iyer carefully explains these rules and highlights what constitutes professional misconduct — conduct that can lead to suspension or permanent removal from the roll of advocates.

📜 Key Bar Council Code of Ethics — Rules Summary

Rule Area	What It Prohibits / Requires	Consequence of Violation
Touting and Advertising	Advocates must NOT solicit clients through touts, brokers, or paid advertisements	Disciplinary proceedings; suspension or removal from roll
Unauthorized Practice	Only enrolled advocates may appear before courts — no appearance without valid enrollment	Criminal prosecution + disciplinary action
Conflict of Interest	Advocate must NOT represent parties with conflicting interests in the same matter	Disciplinary action; damages to affected client
Communication with Opposite Party	Must NOT directly communicate with the opposite party (only through their advocate)	Professional misconduct finding
Contingency Fees	Advocates must NOT charge fees contingent on winning — "no win, no fee" agreements are prohibited	Disciplinary proceedings
Appearance in Personal Matters	Must NOT appear for a party where the advocate is a relative, witness, or has personal interest	Appearance may be struck off; misconduct noted
Dress Code	Must wear prescribed court dress (black coat, white shirt, bands) in all court appearances	Entry may be refused; contempt in extreme cases

⚠️ Types of Professional Misconduct

Moral Turpitude: Any act involving cheating, fraud, or dishonesty — on or off the court — is the gravest form of misconduct.
Contempt of Court: Disobeying court orders, insulting judges, or disrupting proceedings constitutes professional misconduct AND a criminal offence.
Misappropriation of Client Funds: Using money received on behalf of clients for personal purposes — the most common and severely punished misconduct.
Suppression of Facts: Hiding material facts from the court or knowingly misrepresenting facts in pleadings or arguments.
Appearing for Both Sides: Secretly appearing for or advising the opposite party while representing a client is a gross betrayal.
Filing False Documents: Filing forged, fabricated, or false documents before a court is both professional misconduct and a criminal act.

🔨 Disciplinary Proceedings — How They Work

Step 1 — Complaint: Any person aggrieved (client, court, or Bar Council suo motu) can file a complaint against an advocate before the State Bar Council.
Step 2 — Disciplinary Committee: The State Bar Council's Disciplinary Committee investigates the complaint, giving the advocate a fair hearing.
Step 3 — Orders: The Committee can reprimand the advocate, suspend practice for a period, or remove the name permanently from the roll.
Step 4 — Appeal: Appeal lies to the Bar Council of India and thereafter to the Supreme Court of India under Section 38 of the Advocates Act.

7🏛 Bar-Bench Relations

Iyer considers the relationship between the Bar and the Bench to be the very heart of the administration of justice. A healthy Bar-Bench relationship is the hallmark of a great judicial system. Respect must flow both ways — from advocates to judges, and from judges to advocates.

🤝 Why Bar-Bench Harmony Matters

Efficiency of Justice: When the Bar and Bench work in mutual respect, proceedings are efficient, dignified, and just.
Public Confidence: The public's confidence in courts depends largely on the visible relationship between judges and advocates.
Quality of Law: Good arguments by advocates help judges make better, more reasoned orders. An active Bar improves the quality of judicial decisions.

📋 Duties of the Advocate Toward the Bench

Conduct Expected	Why It Is Required
Address the judge as "My Lord," "Your Honour," or as the court prescribes	Reflects respect for the office, not necessarily the person
Rise when the judge enters and leaves the courtroom	A mark of respect for judicial authority and the institution
Do not interrupt the judge when speaking from the bench	Maintains decorum; interrupting a judge is a serious breach of etiquette
Accept adverse orders gracefully and challenge only through legal appeals	Criticism of judicial orders must be through legal channels, not public disrespect
Never personalise arguments against the judge	Criticism of a judgment is permissible; personal attack on a judge is not

⚖️ Contempt of Court — A Critical Concept

Civil Contempt: Wilful disobedience of a court order or undertaking given to the court. Example: Ignoring an injunction order.
Criminal Contempt: Any act that scandalises the court, prejudices a fair trial, or interferes with court proceedings. Much more serious than civil contempt.
Advocates and Contempt: An advocate who makes wild, abusive, or unfounded allegations against judges is guilty of criminal contempt and professional misconduct simultaneously.
Fair Criticism is NOT Contempt: Honest, temperate, and well-reasoned criticism of a judicial order in academic or professional writing is not contempt.
Punishment: Simple imprisonment up to 6 months, or fine up to Rs. 2,000, or both — under the Contempt of Courts Act, 1971.

    Iyer's Observation on Bar-Bench:
    "The Bar is the nursery from which the Bench is recruited.
    The quality of the Bar today is the quality of the Bench tomorrow.
    The two are not adversaries — they are partners in the administration of justice."
  

🔄 FLOWCHART: The Complete Advocacy Process

🧠 MIND MAP: Krishnamurthy Iyer's Advocacy — Key Concepts

🗺 ROADMAP: Mastering Advocacy — A Step-by-Step Learning Journey

Stage 1 · Foundation

Understanding What Advocacy Is

Begin with Iyer's definition of advocacy — pleading a cause with skill, knowledge, and integrity. Understand the nature of the legal profession as a noble calling. Distinguish between being a lawyer and being an advocate.

Topics: Definition · Legal Profession · Officer of Court

Stage 2 · Character Building

Developing Qualities of a Great Advocate

Iyer insists that law is learned, but character is built. Study the intellectual qualities (knowledge, analysis, expression) and moral qualities (integrity, courage, patience) that define a truly great advocate.

Topics: Intellectual · Moral · Professional Qualities

Stage 3 · Duties & Obligations

Mastering the Four-Fold Duty System

An advocate serves the court, the client, the opponent, and society simultaneously. Learn how to balance these duties — especially the paramount duty to the court which overrides even duty to the paying client.

Topics: Court · Client · Opponent · Society Duties

Stage 4 · Trial Skill

Mastering Examination of Witnesses

The most critical trial skill. Study examination-in-chief (no leading questions), cross-examination (the engine of truth, all leading questions), and re-examination. Memorise Iyer's Golden Rules for cross-examination.

Topics: Exam-in-Chief · Cross · Re-examination · Rules

Stage 5 · Persuasion

Art of Arguments and Written Submissions

Learn to construct powerful opening statements and closing arguments. Practice Iyer's principle: state your conclusion first, then build to it. Brevity is power — say it once, say it well.

Topics: Opening · Final Arguments · Written Submissions

Stage 6 · Ethics

Professional Ethics and Bar Council Rules

Study the Bar Council Code of Ethics. Understand what constitutes professional misconduct — touting, conflict of interest, misappropriation, contempt — and the disciplinary proceedings that follow. Ethics is not optional.

Topics: BCI Rules · Misconduct · Disciplinary Proceedings

Stage 7 · Advanced

Bar-Bench Relations & Courtroom Mastery

The final stage — understand Bar-Bench harmony as the foundation of justice delivery. Master courtroom etiquette, learn contempt of court law, and develop the complete profile of an advocate who commands the respect of both clients and the judiciary.

Topics: Bar-Bench · Etiquette · Contempt · Complete Advocate

🏆 Destination

The Complete Advocate

You are now equipped with the knowledge, ethics, skills, and character that Krishnamurthy Iyer defines as the hallmarks of a great advocate. Enter the courtroom not just as a lawyer — but as an officer of justice.

Knowledge + Ethics + Skill + Character = Complete Advocate

6.4 (a) Mr. Krishnamurthy iyer’s book on Advocacy