Author:
Jyoti
Abstract:
The legal profession in India is founded on a delicate balance between an advocate’s duty to the court and loyalty to the client. This paper examines the ethical tensions arising from this dual responsibility within the Indian adversarial system. It analyses the statutory and regulatory framework governing legal ethics, including the Advocates Act, 1961, and the Bar Council of India Rules, alongside key judicial interpretations that emphasise advocates’ role as officers of the court. The study identifies major challenges to ethical compliance, including adversarial pressures, the commercialisation of legal practice, and weak disciplinary enforcement. Comparative perspectives from common law jurisdictions further highlight the need to prioritise judicial integrity without undermining client representation. The paper argues that ethical advocacy requires principled balancing, supported by effective regulation, judicial oversight, and continuous professional education. It concludes that harmonising court duty and client loyalty is essential for maintaining public trust, safeguarding the administration of justice, and strengthening the ethical foundations of the Indian legal profession.
Keywords:
Legal Profession, Fundamental Obligations, Ethical Dilemmas, Bar Council of India.
Article Info:
Received: 25 May 2024 Received in revised form: 21 Jun 2024; Accepted: 24 Jun 2024; Available online: 30 Jun 2024
DOI:
10.22161/ijels.93.73