📚 LLB Educational Resource
⚖ Bar Council Code of Ethics
Rules Governing Advocates — Part IV & VI of Bar Council of India Rules
Under the Advocates Act, 1961 | Explained Simply for Law Students
⚠ IMPORTANT NOTICE: This resource is for educational purposes only
and does NOT constitute legal advice. Always consult a qualified legal professional for legal guidance.
SECTION 1 — FOUNDATION
Introduction to Bar Council Code of Ethics
Think of the Bar Council Code of Ethics like the "rulebook" that every lawyer in India MUST follow.
Just like a doctor has to follow medical ethics, a lawyer must follow legal ethics. If a lawyer breaks these rules,
they can be punished — even their licence (enrolment) can be cancelled!
What is the Bar Council of India?
- Bar Council of India (BCI) is the statutory body created under the Advocates Act, 1961. It regulates and represents the legal profession across India.
- Every State has a State Bar Council (like West Bengal Bar Council, Delhi Bar Council, etc.). BCI is the apex body above all state councils.
- The BCI has the power to make rules about how advocates must behave — these are called the Bar Council of India Rules.
- The Code of Ethics is primarily found in Part VI (Rules 1 to 49) of the BCI Rules — it tells advocates what they MUST do and what they MUST NOT do.
Why Does the Code of Ethics Exist?
- To ensure lawyers are honest, trustworthy, and fair in their dealings with everyone.
- To protect clients from being cheated or misled by their own lawyers.
- To maintain the dignity and prestige of the legal profession.
- To ensure justice is delivered properly without lawyers abusing the system.
- To make sure lawyers serve society and the public interest, not just their own financial interests.
Legal Basis
📌 Advocates Act, 1961, Sections 49, 35, 36, 37 — these sections give the BCI the power to frame conduct rules and take disciplinary action against advocates who violate the code of ethics.
SECTION 2 — STRUCTURE
Structure of BCI Rules — Where Ethics Fits
| Part of BCI Rules | What It Covers | Relevance to Ethics |
|---|---|---|
| Part I | Establishment of Bar Councils | Administrative structure |
| Part II | Election of Members | Governance |
| Part III | Rights and Privileges of Advocates | What advocates are entitled to |
| Part IV | Conditions for Practice | Prerequisites before practising |
| Part V | Disciplinary Proceedings | How misconduct is handled |
| Part VI ★ | Standards of Professional Conduct & Etiquette | THE CORE CODE OF ETHICS — Most Important! |
Who Must Follow This Code?
- Every person enrolled as an Advocate under the Advocates Act, 1961.
- Whether a junior advocate, a senior advocate, or even a Senior Advocate designated by High Court / Supreme Court.
- Rules apply in ALL courts — District Courts, High Courts, Supreme Court, Tribunals, and arbitration proceedings.
SECTION 3 — PRIMARY DUTY
Duty of an Advocate to the Court
The court is the highest institution of justice. Lawyers must treat the court with the UTMOST respect, honesty, and dignity.
Even if you disagree with a judge's decision, you must remain respectful. The court is not just a place — it's the symbol of justice itself!
A. Fundamental Duty — Act with Dignity & Respect
- An advocate must always maintain respect towards the court and must not do anything that lowers the dignity or authority of the court.
- An advocate must not use disrespectful language against the judge — even if the judge is wrong. The proper remedy is to file an appeal, NOT insult the judge.
- Advocates must bow (show respect) to the court upon entering and leaving — this is a sign of respect for the institution, not the individual judge.
B. Duty NOT to Mislead the Court
- An advocate MUST NOT knowingly state a false fact to the court. You cannot lie to the judge even to help your client.
- An advocate must NOT suppress material facts or evidence that the court needs. You can argue in favour of your client, but you cannot hide important truths.
- An advocate must NOT mislead the court by citing a case that has been overruled or is no longer good law. You must inform the court of any contrary decisions.
- If your client tells you something that you know is false, you must either withdraw from the case or refuse to use that false statement in court.
C. Duty to Inform & Assist the Court
- An advocate has a duty to assist the court in deciding cases correctly. You are an officer of the court, not just a hired gun for your client.
- If the judge misquotes a law or a fact, an advocate has the duty to politely correct the judge, even if the judge's error benefits your client.
- An advocate must point out ALL relevant legal provisions, including those that may go against the client's case, if the judge has not noticed them.
D. Appearance and Conduct in Court
- An advocate must appear in proper dress code — black coat, white shirt/saree, and bands as prescribed. No casual clothing in court.
- An advocate must not enter the court room when not in proper dress and when not having a case to appear in.
- An advocate must not appear in a matter where they are a witness — you cannot be both the lawyer and the witness in the same case.
- An advocate must not make personal remarks about opposing counsel in front of the court.
E. NOT to Corrupt or Influence Judges
- An advocate must NEVER attempt to bribe or corrupt any judge, court officer, or witness. This is the gravest form of misconduct.
- An advocate must not seek private meetings with judges outside the court room about pending cases (ex-parte communication is strictly prohibited).
- An advocate must not use personal influence or political connections to influence the outcome of a case.
💡 Simple Memory Tip: Think of it this way — a lawyer is like a trusted officer of the court. The judge is like the captain of the ship (court). You must help the captain navigate correctly, not confuse or deceive the captain!
SECTION 4 — CLIENT RELATIONSHIP
Duty of an Advocate to the Client
The client is the person who trusts you with their most important matters — property, liberty, family, even life!
You are in a "fiduciary" relationship with them, which means it's a relationship of COMPLETE TRUST. Breaking this trust is a serious violation.
A. Accept Briefs & Not Withdraw Without Reason
- An advocate is bound to accept a brief in a court in which they practise at a reasonable fee. You cannot refuse a case just because you don't like the client or the crime charged.
- Once an advocate accepts a brief (takes up a case), they must NOT withdraw from it without sufficient cause and adequate notice to the client. Simply abandoning a case can harm the client.
- If withdrawal becomes necessary, the advocate must return all papers and fees (unused portion) to the client.
B. Full and Faithful Service
- An advocate must serve the client with complete devotion, ability, and diligence. Laziness or carelessness is a breach of duty.
- An advocate must keep the client informed about the progress of the case at every stage.
- An advocate must return the client's money and papers promptly when the client demands them.
- An advocate must not suppress any documents received on behalf of the client.
C. Maintain Confidentiality
- An advocate must NEVER reveal any communication made by the client in the course of their professional relationship — this is called "legal professional privilege."
- Even after the case is over, and even after the client's death, the advocate must keep secrets confidential.
- The only exception is if the client consents to the disclosure, or if it is necessary to prevent a crime.
D. Not to Charge Excessive or Contingency Fees
- An advocate must charge reasonable fees. Charging exorbitant fees is misconduct.
- Contingency fees are PROHIBITED — meaning a lawyer cannot say "I will charge you a % of what you win." This is forbidden because it creates a conflict of interest and leads lawyers to overcharge.
- An advocate must not buy or trade in the subject matter of the litigation they are handling (e.g., if a client's property is in dispute, the advocate cannot buy that property).
E. Not to Misappropriate Client's Money
- Any money received from the client must be kept separately and must NOT be used for the advocate's personal expenses.
- The advocate must provide full accounts of money received and spent on behalf of the client.
- Misappropriation of a client's money is one of the most serious forms of misconduct and usually leads to removal from the roll of advocates.
| Obligation | What It Means Simply | Consequence if Violated |
|---|---|---|
| Accept Brief | Take up cases at a fair fee | Misconduct |
| Confidentiality | Never reveal client's secrets | Serious Misconduct |
| No Contingency Fee | Cannot charge % of winning amount | Misconduct |
| Return Papers | Give back all documents to client on demand | Disciplinary Action |
| No Misappropriation | Client's money is NOT your money | Removal from Roll |
SECTION 5 — PROFESSIONAL FAIRNESS
Duty of an Advocate to the Opponent
In court, you fight against the opposing lawyer. But outside the court room, you must be a gentleman (or gentlewoman)!
Fairness and professionalism with the opponent is what separates a lawyer from a street fighter.
A. Not to Communicate Directly with Opposite Party
- An advocate must NOT directly communicate with the client of the opposing lawyer. Always communicate through the opposing lawyer.
- This prevents manipulation, intimidation, or unfair deals being struck with the other party behind their lawyer's back.
B. Not to Abuse Legal Process
- An advocate must not misuse legal procedure to delay, harass, or harm the opponent. Using frivolous applications or unnecessary adjournments to waste time is a breach of ethics.
- An advocate must not threaten the opposing party or their counsel.
C. Serve Proper Notice and Documents
- An advocate must serve proper notice on the opponent before filing applications or producing documents.
- An advocate must not spring surprises on the opponent by producing evidence or arguments at the last minute that the opponent has no chance to respond to.
D. Maintain Fairness in Negotiation and Settlement
- An advocate must be fair in negotiations and should not use dishonest tactics to pressurize the opponent into an unfair settlement.
- If a settlement is reached, an advocate must honour their word — verbal agreements between counsel are binding as a matter of professional honour.
SECTION 6 — PROFESSIONAL BROTHERHOOD
Duty of an Advocate to Fellow Advocates (Colleagues)
The legal profession is called a "noble profession" — and it's supposed to be a brotherhood (and sisterhood) of professionals who help each other.
Lawyers must maintain dignity and respect among themselves too.
A. Not to Undercut Fees (Fee Bargaining)
- An advocate must not undercut the professional fees charged by another advocate to win a client away from them. For example, if a senior advocate charges ₹10,000 per hearing, a junior must not say "Come to me, I'll do it for ₹2,000" just to steal the client.
- This is considered unprofessional and unethical — it degrades the profession and is unfair competition.
B. Offer Professional Assistance
- An advocate should help a colleague who is in difficulty — such as offering to appear in a matter when the regular advocate is unavoidably absent.
- A senior advocate should guide and mentor junior advocates and not exploit them for cheap labour.
C. Not to Poach Clients
- An advocate must NOT solicit work or advertise to attract another advocate's clients. You cannot say to a person who already has a lawyer: "Leave that lawyer, hire me instead."
- An advocate must not communicate with another's client to influence them to change lawyers.
D. Respect for Seniority and Court Etiquette
- A junior advocate must give way to a senior advocate in court — in queue for mentioning, for example, seniority matters.
- When a senior advocate is addressing the court, a junior advocate must not interrupt unless invited to speak.
SECTION 7 — SOCIAL RESPONSIBILITY
Duty of an Advocate to Society and the State
A lawyer is not just a professional helping individuals. A lawyer is a pillar of the justice system, which means society
trusts lawyers to uphold the law, protect rights, and keep the machinery of justice running!
A. Uphold Rule of Law and Constitution
- An advocate must always uphold the Constitution of India and the rule of law. They must not do anything that undermines these foundations.
- An advocate must not assist or advise clients in activities that are illegal or unconstitutional.
B. Access to Justice — Pro Bono Work
- Advocates are expected to provide legal assistance to the poor who cannot afford fees. Legal Aid is a constitutional mandate under Article 39A of the Constitution.
- Advocates enrolled in Legal Aid panels under the Legal Services Authorities Act, 1987 must provide free legal representation to eligible persons.
C. Not to Promote Illegal or Unethical Conduct
- An advocate must NOT advise a client to break the law, even if it might benefit the client.
- An advocate must not be a part of any criminal conspiracy or illegal scheme, regardless of who the client is.
D. Maintain Dignity of the Profession in Society
- An advocate must not engage in conduct unbecoming of a lawyer — such as using abusive language in public, getting involved in criminal activity, or behaving in a manner that disgraces the profession.
- An advocate must maintain high personal standards in public life — you represent the justice system wherever you go.
SECTION 8 — WHAT IS ABSOLUTELY PROHIBITED
Important Prohibitions & Restrictions on Advocates
These are the BIG "NO-NOs" for any lawyer. Doing any of these things can result in serious disciplinary action,
including suspension or removal from the roll of advocates!
A. Prohibition on Advertisement and Solicitation
- An advocate is absolutely prohibited from advertising their services. No hoardings, newspaper ads, TV ads, banners, or pamphlets.
- An advocate must not tout — meaning sending people (touts) to hospitals, police stations, courts, or anywhere to bring clients to the lawyer in exchange for money.
- An advocate cannot use agents to get clients. You must build your practice through your reputation and word of mouth.
- However: A simple name plate at the office or a basic website with contact details and areas of practice is now permitted (as per updated BCI guidelines).
B. Prohibition on Engaging in Business or Full-Time Employment
- An advocate cannot engage in any other business or trade while being in active practice as an advocate. You cannot be a shopkeeper and a lawyer at the same time.
- An advocate cannot be a full-time salaried employee of any company, government, or individual UNLESS specifically permitted (e.g., in-house counsel with BCI permission).
- Exception: An advocate can be a law teacher or law professor part-time alongside practising.
C. Prohibition on Strike and Boycott of Courts
- The Supreme Court has repeatedly held that advocates going on strike is unconstitutional and unethical. It harms clients and delays justice.
- An advocate cannot boycott court proceedings as a form of protest. In urgent or exceptional matters, even during a general strike called by the bar association, advocates have a duty to appear.
D. Prohibition on Acting as Surety for Clients
- An advocate must not stand as a bail surety for their own client. This creates a conflict of interest and a financial entanglement with the client.
E. Prohibition on Unlawful Relationship with Client's Matter
- An advocate must not purchase or benefit from the subject matter of litigation they are handling.
- An advocate must not obtain any deed, will, or other document from the client that grants them personal benefit related to the litigation matter.
🚫 Remember: Advertising and touting are among the most commonly violated ethical rules by junior advocates. Putting up big hoardings with your photo and "BEST CRIMINAL LAWYER" is strictly prohibited! Your reputation should do the advertising, not your wallet.
SECTION 9 — FINANCIAL ETHICS
Rules About Fees and Remuneration
A. What Are Reasonable Fees?
- Fees must be reasonable and commensurate with the nature and complexity of the case, the seniority of the advocate, and the court involved.
- A fee agreement should ideally be in writing to avoid future disputes between client and advocate.
B. Contingency Fees — Strictly Prohibited
- Contingency fee = charging a percentage of the award/judgment as your fee. Example: "I will charge 20% of whatever the court awards you." This is ILLEGAL in India.
- This prohibition exists because it creates a financial stake for the lawyer in the outcome of the case, leading to potential unethical conduct to ensure winning.
C. Refund and Accountability of Fees
- If a case is settled early or the advocate withdraws, the unused portion of the fee must be returned.
- An advocate must be able to account for all fees charged if questioned by the client or the disciplinary authority.
| Fee Type | Allowed? | Reason |
|---|---|---|
| Reasonable fixed fee per hearing | ✅ Allowed | Standard professional practice |
| Retainer fees (monthly/annual) | ✅ Allowed | For regular clients/companies |
| Contingency fees (% of award) | 🚫 Prohibited | Conflict of interest; leads to unethical conduct |
| Charging for unearned work | 🚫 Prohibited | Deception of client |
| Accepting gifts of property from clients | 🚫 Prohibited | Conflict of interest |
SECTION 10 — ATTORNEY-CLIENT PRIVILEGE
Confidentiality and Attorney-Client Privilege
Whatever a client tells their lawyer in private is PROTECTED. It's like a sacred vault. This is called "attorney-client privilege" or
"legal professional privilege." It makes clients trust lawyers enough to tell them the whole truth!
A. What Is Protected?
- All communications, facts, documents shared by the client with the advocate in the course of seeking legal advice.
- The advocate's own notes, strategy, and legal analysis prepared for the case (work product privilege).
B. When Can Confidentiality Be Broken?
- When the client expressly consents to the disclosure.
- When disclosure is necessary to prevent a future crime (most jurisdictions allow this).
- When ordered by a court of law in specific circumstances.
C. Continues Even After the Case Ends
- The confidentiality obligation does not end when the case ends. It continues even after the client dies.
- An advocate cannot use a former client's information to benefit a new client who is adverse to the former client.
📌 Indian Law Basis: Attorney-client privilege is recognized under Sections 126–129 of the Indian Evidence Act, 1872. A legal professional cannot be compelled to disclose professional communications without the client's consent.
SECTION 11 — CONFLICT OF INTEREST
Conflict of Interest — A Critical Ethical Rule
A "conflict of interest" happens when a lawyer's personal interests or duties to one client clash with duties to another client.
Imagine your family doctor treating both parties in a fight — that would be wrong! Same with lawyers.
A. Cannot Represent Both Sides
- An advocate cannot represent both the plaintiff and the defendant in the same dispute. This is the most obvious conflict of interest.
- Even if both clients consent, representing both sides in adversarial proceedings is considered a serious ethical breach.
B. Cannot Use Past Client's Information Against Them
- If a lawyer previously represented Client A and now Client B is fighting a case against Client A, the lawyer cannot use information obtained from Client A to help Client B.
- The advocate must withdraw from the new case if there is any conflict with past representation.
C. Personal Financial Interests
- If an advocate has a personal financial interest in the outcome of a case (e.g., they own shares in a company that is a party to litigation), they should either disclose this or withdraw.
- An advocate must not acquire any interest in the subject matter of litigation being handled by them.
| Situation | Conflict Exists? | What Advocate Should Do |
|---|---|---|
| Representing opposite sides in same case | YES | Refuse both or withdraw immediately |
| Past client's enemy is current client | YES | Disclose to current client and withdraw |
| Advocate has personal stake in case outcome | YES | Disclose and withdraw |
| Two clients with different but unrelated matters | NO | Continue, no conflict |
| Family member is opposing party | MAYBE | Disclose to client and get consent or withdraw |
SECTION 12 — DISCIPLINARY FRAMEWORK
Professional Misconduct & Punishment
Breaking the Code of Ethics = PROFESSIONAL MISCONDUCT. And misconduct has serious consequences.
The disciplinary system ensures that the legal profession is kept clean and trustworthy.
A. What is Professional Misconduct?
- The Advocates Act does not define "misconduct" specifically, but the Supreme Court has said it includes any act of an advocate that brings dishonour to the profession or involves a breach of duty to the court, client, or public.
- It includes: misappropriation of money, deceiving the court, fraud, making false statements, bribery, touting, not returning client papers, striking, and other violations of BCI Rules.
B. Who Decides Misconduct?
- A complaint can be filed before the State Bar Council's Disciplinary Committee.
- Appeals from State Bar Council go to the Bar Council of India's Disciplinary Committee.
- Further appeals go to the Supreme Court of India under Section 38 of the Advocates Act.
C. Punishments Available
- Reprimand — A formal warning on record.
- Suspension — The advocate is barred from practising for a specified period.
- Removal from the Roll — The most severe punishment; the advocate is debarred from practising permanently.
- The disciplinary authority may also direct payment of compensation to the complainant.
| Nature of Misconduct | Severity | Typical Punishment |
|---|---|---|
| Advertising / Touting | Moderate | Reprimand / Short Suspension |
| Disobeying Court Orders | Moderate-High | Suspension + Contempt of Court |
| Misappropriating Client's Fees | Severe | Suspension / Removal from Roll |
| Misleading or Deceiving Court | Severe | Suspension / Removal from Roll |
| Bribing a Judge or Court Official | Most Severe | Removal from Roll + Criminal Prosecution |
| Breach of Confidentiality | High | Suspension / Removal |
| Conflict of Interest (undisclosed) | High | Disciplinary Action |
D. Landmark Cases on Misconduct
- O.P. Sharma v. High Court of Punjab & Haryana (2011) — Supreme Court held that gross negligence by advocates causing harm to client's rights is professional misconduct.
- Bar Council of Maharashtra v. M.V. Dabholkar (1975) — Touting was held to be professional misconduct.
- Ex-Captain Harish Uppal v. Union of India (2002) — Supreme Court declared advocates' strikes as illegal and held they are in contempt of court.
SECTION 13 — QUICK REFERENCE
Complete Summary Table — Bar Council Code of Ethics
| Duty Area | Towards Whom | Key Rules / Obligations | What Is Prohibited | Consequence of Breach |
|---|---|---|---|---|
| Duty to Court | Judges, Courts, Tribunals | Respect court, assist in justice, maintain dignity, correct dress code | Lying, misleading, bribing, ex-parte contact with judge | Contempt + Misconduct |
| Duty to Client | Clients (Current & Former) | Confidentiality, full service, proper accounting, return of papers/fees | Contingency fees, misappropriation, withdrawal without cause | Suspension / Removal |
| Duty to Opponent | Opposing Party & Their Lawyer | Serve proper notices, fair play, honour verbal agreements | Direct communication with opponent's client, threats, abuse of process | Disciplinary Action |
| Duty to Colleagues | Fellow Advocates | Professional courtesy, assist when needed, respect seniority | Undercutting fees, poaching clients, soliciting another's client | Disciplinary Action |
| Duty to Society | Public, State, Constitution | Uphold rule of law, legal aid, maintain high personal standards | Assisting illegal conduct, bringing disgrace to profession | Removal + Prosecution |
| Prohibitions | General Professional Rules | Maintain pure practice, no business, no employment | Advertisement, touting, strike, buying disputed property, standing surety | Misconduct + Suspension |
| Confidentiality | Client (Past & Present) | Protect all client communications absolutely | Revealing client secrets without consent or legal order | Serious Misconduct |
| Conflict of Interest | Multiple / Previous Clients | Full disclosure, withdraw if conflicted | Representing both sides, using past client info against them | Misconduct |
| Fees | Clients | Reasonable fees, proper accounting, return unused fees | Contingency fees, exorbitant charges, accepting property/gifts | Disciplinary Action |