Day 37 – Q 1.Can a person of high integrity be a successful lawyer? Critically examine.

1. Can a person of high integrity be a successful lawyer? Critically examine. 

क्या उच्च निष्ठा का व्यक्ति एक सफल वकील हो सकता है? समालोचनात्मक जांच करें।।

Introduction:

Integrity is the practice of being honest and showing a consistent and uncompromising adherence to strong moral and ethical principles and values. It is regarded as the honesty and truthfulness or accuracy of one’s actions.

Example: Gandhi pertained an extensive amount of integrity throughout his lifetime; he was a non-violent civil rights leader in India. Gandhi took back chauri chaura movement when a large group of protesters, participating in the Non-cooperation movement, clashed with police, who opened fire.

Body

Integrity issues related to lawyers

• Confidentiality
• Corruption
• Lack of anti-corruption awareness
• Economic incentive
• Compromised independence
• Misuse of attorney-client privilege
• Weak internal policies and controls
• Vested interests

Person of high integrity and successful lawyer

Professional ethics encompasses an ethical code governing the conduct of persons engaged in the practice of law as well as persons engaged in the legal sector.   All members of the legal profession have a paramount duty to the court and towards the administration of justice. In carrying out their duties, they are required and expected to deal with other members of the legal profession with courtesy and integrity.

Examples:

• Famous lawyer Harish salve was claimed misusing his position as amicus curiae in the Gujarat Riots case, by simultaneously lobbying for companies with state government officials, who were part of the investigation he was overseeing for the court.
• In the recently held Kulbhushan Jadhav case Harish salve represented India before the International Court. Jadhav was sentenced to death by a Pakistani military court on charges of spying. Due to his efforts, the International Court of Justice has ordered a provisional stay on Jadhav’s execution until a final verdict is declared. For this case he charged only ₹1 (INR) in legal fees.
• In N.G. Dastane v. Shrikant S. Shind, where the advocate of one of the parties was asking for continuous adjournments to the immense inconvenience of the opposite party, it was held by the Supreme Court that seeking adjournments for postponing the examination of witnesses who were present without making other arrangements for examining such witnesses is a dereliction of the duty that an advocate owed to the Court, amounting to misconduct.

Professional ethics can also be stated as the duties that have to be followed by an advocate during his profession. These are moral duties and the very basic courtesy which every person in this field should know. An advocate who does not work with sincerity and does not follow the rules of conduct is said to have violated the code of ethics of this profession.

Duties to client:

• Protection of the interest of the client.
• Proper estimation of the value of legal advices and services.

 Duties to court:

• Honesty and respect.
• Preparation of the case.
• Duties to Public.
• Service.
• Loyalty to law and justice.

Duties to colleagues:

• Fellowship.
• Fairness.
• Duties to self.
• Systematic study.
• Prudence and diligence.

Conclusion

We need lawyers who think about the ethical, reputational, and enlightened self-interest of their client or the institution they are leading, not just about what is strictly legal or advantageous in the short term. Exposing and analyzing these extra-legal issues is a critical function for lawyers.