Advocacy is a noble and honourable profession. It is not only a matter of relations between the public in general and courts but also their ray of hope in getting justice. But sometimes the helping sticks to justice and indulges in activity or behaviour which is in violation of professional ethics for his selfish ends. It can be done in various ways such as;
· in betraying the confidence of a client
· in attempting by means to practice fraud
· to deceive the Court or adverse party or his Counsel
Such misconduct breaks down the very fibre of what is necessary for a functional judiciary and shatters the faith of citizens who believe their legal guards are fair and impartial. Like some other deleterious addictions, unethical behaviour tends to start out as a one-time event before becoming a routine Corruption and malpractices are practised by legal practitioners in some way or another.
All forms of fraud or deception that could wrongfully harm the legal system are considered corruption in the Indian legal system. Mis-leaded Lawyers, administrative personnel, and other potential influencers may be inappropriate in this system. Corruption affects the judiciary internally as well as how judges interact with users of the court. Corruption has engulfed the legal world at all levels and everyone started accepting this fact. Now, litigants are aware that they would pay bribes every time they visit court, even for the smallest favour. Our society has been plagued by corruption for a very long time, but it is now expanding its operations within the legal system. A person going to the police station to file an FIR or even an advocate for obtaining it is also expected to pay some amount for getting things done.
The main reasons for corruption and malpractices in this area are delays in justice due to a shortage of judicial officers in our country, inadequate enforcement of the law, and payment of bribes. Bribery is common in the legal system. The main nudge is to prohibit public servants from accepting illegal appeasement in the discharge of their official functions. It exists in almost every sphere. Whether paying a bribe to access a legal document or bribing to dispose of a case.
Lawyers are professionals, and this idea suggests that ethical responsibility and obligation issues are an integral part of the legal profession. In a desperate attempt to force prospective and existing customers to make false, exaggerated, or unconfirmed claims to purchase a product or service. Every layer gets stuck in the situation of an ethical dilemma, where he has to choose between the right way and the easy but unethical way. Sticking to one’s ethics and morals and making a correct decision is what a person is truly successful.
Lawyers are regarded as equal partners in justice delivery so they should never compromise their ethics to get things in their favour. Whenever there has been a travesty of justice, the country's apex court has stepped in to protect the general public's fundamental rights and civil liberties. Even today, if lawyers are lost and there is no law to compensate, we look forward to the Supreme Court regulating the actions of lawyers and judges and continuing to remain the guardian of justice
By: Kriti Narula (Intern: Chambers of Daksha Kumar)