top of page

Do’s and Don’ts for Legal Professionals

  • rasika773
  • 2 days ago
  • 6 min read

“Hello there! I’m here to provide you with a bit of information on Appropriate and Inappropriate Behaviors for Legal Professionals. I would like to remind you that suggestions on this post should not be taken as medical advice, legal advice, therapy, etc. or as a one-size-fits-all approach.  Keep in mind that every individual’s journey of  experiencing and navigating through stress or trauma is distinctive because you are one of a kind and no person is truly like you!  Experiencing abuse in any form is NOT OKAY, but what you are experiencing as a result of abuse is valid.  Please know that healing is not a formula and is not for anyone else to define for you. You do you, and you follow all that you need to follow, to help yourself. If you need additional resources or just someone to talk to, feel free to reach out to Imaara Foundation."


ree

Written by: Ojas. P. Suresh


Legal professionals play a crucial role in upholding justice, promoting equity, and defending individual rights in India. Equally important, however, are their conduct and moral integrity, which are essential for maintaining public trust in the legal system.


This article outlines the fundamental dos and don’ts for legal professionals, drawing on ethical codes, the Bar Council of India guidelines, and international standards, including the ABA Model Rules of Professional Conduct and the IBA International Code of Ethics (IBA, 1988; ABA, 1983; Bar Council of India, 2023).


What are appropriate behaviors for legal professionals?

In addition to representing clients in court, legal professionals in India are responsible for upholding justice, promoting equity, and maintaining public trust in the legal system.


To prevent re-traumatization, legal experts should use trauma-informed practices, conducting interviews, depositions, and hearings sensitively. This includes asking nonjudgmental questions, explaining procedures clearly, allowing support persons, and respecting the survivor’s pace and emotional state. Trauma-informed legal approaches aim to protect survivors’ dignity, minimize harm, and improve justice outcomes. By prioritizing empathy, respect, and careful handling, legal systems can support survivors while ensuring accountability and fairness in proceedings (UNICEF, UNFPA, & UNHCR, 2019).


According to the Bar Council of India (2023), attorneys must always act honorably and truthfully, ensuring that both their advice and actions reflect professionalism and integrity. Demonstrating honesty enhances credibility with both the court and clients. Beyond maintaining integrity, attorneys are also obligated to protect client information and use it solely for appropriate legal purposes. For example, sensitive information disclosed in cases involving financial fraud or gender-based violence (GBV) must be kept confidential, as any breach could place clients at serious risk (Gupta, 2019).


Another essential responsibility of legal professionals is competence. Attorneys must engage in continuous learning through studying, attending workshops, or pursuing continuing legal education to provide informed advice and stay current with legal developments (American Bar Association, 2020).


This ensures that clients receive accurate and up-to-date guidance, particularly in rapidly evolving fields such as intellectual property or cybercrime. At the same time, legal professionals should demonstrate respect and courtesy toward clients, colleagues, and court staff. Small gestures, such as being polite in court or patiently listening to a client’s concerns, reinforce the perception of law as a noble profession (Kumar, 2021).


In a diverse society like India, legal professionals are especially encouraged to uphold equity and avoid prejudice. This involves treating clients fairly, irrespective of gender, caste, religion, or economic status (Singh, 2020). Upholding equity aligns with constitutional principles and strengthens justice. Advocating for alternative dispute resolution (ADR) methods, such as mediation and arbitration, is another important duty. For example, family property disputes can often be resolved through mediation, easing the burden on overextended courts while saving time and resources (Nair, 2022). By promoting ADR, attorneys foster a culture of efficiency, reconciliation, and constructive conflict resolution within the legal system.


Ultimately, these exemplary practices capture the essence of legal professionalism. By combining honesty, competence, fairness, and confidentiality with a proactive approach to dispute resolution, lawyers sustain public confidence in the legal system while fulfilling their vital role in upholding the law.

What are inappropriate behaviors for legal professionals?

To preserve public confidence in the legal system, legal practitioners in India are expected to adhere to the highest ethical standards, and certain actions are strictly prohibited.


Legal professionals handling GBV cases must avoid blaming survivors, who are never responsible for the violence against them. Blaming can discourage reporting, hinder justice, and worsen trauma (UNICEF, UNFPA, & UNHCR, 2019).


One of the most important restrictions is avoiding the use of one’s position for personal or political gain, such as influencing cases for self-interest or supporting political agendas (Gupta, 2019). Such abuse of power undermines public trust and compromises the fairness of the legal process. Similarly, attorneys must not deceive the court or their clients by concealing information or presenting false evidence. For example, submitting fictitious documents or omitting critical facts can jeopardize a case and may result in disbarment (Kumar, 2021).


Conflicts of interest must also be avoided. Impartiality is compromised when an attorney represents both parties in a dispute or acts against a former client without their consent (Bar Council of India, 2023). Financial exploitation constitutes another serious ethical violation. Attorneys must not overcharge clients, prolong cases unnecessarily, or demand additional fees without approval (Singh, 2020), a concern especially pressing for vulnerable clients who may already face barriers to justice.


Ethical obligations extend to interpersonal conduct as well. Professionals must refrain from discriminating against clients or colleagues based on socioeconomic status, gender, caste, or religion (Nair, 2022). Respecting each person’s inherent dignity is central to ensuring equal justice. Attorneys must also maintain decorum in court by avoiding rude behavior, foul language, or procedural violations, as such actions tarnish the reputation of the entire profession (American Bar Association, 2020). Finally, attorneys must not neglect cases by missing filing deadlines, skipping court appearances, or failing to communicate regularly with clients, as such lapses can directly affect case outcomes and client trust (Chopra, 2021).


Strict adherence to these ethical standards strengthens both the credibility of individual attorneys and the legal system as a whole, ensuring that justice is delivered impartially, transparently, and with integrity.


Here's a summary of appropriate and inappropriate behaviors for legal professionals:


Do's

Don'ts

In all legal proceedings, uphold honesty and integrity (Bar Council of India, 2023).

Don't give false information or mislead the court (Bar Council of India, 2023).

Keep client information private and only use it for legitimate purposes (Gupta, 2019).

Don't take advantage of clients financially or emotionally (Sharma, 2018).

Maintain current knowledge of legal developments and offer knowledgeable representation (American Bar Association, 2020).

Steer clear of conflicts of interest that could impair your ability to make professional decisions (American Bar Association, 2020).

Show dignity and respect to court employees, clients, and coworkers (Kumar, 2021).

Avoid acting inappropriately, harassing, or discriminating against clients or coworkers (Kumar, 2021).

Maintain equity and refrain from prejudice against people on the basis of their gender, caste, religion, or socioeconomic status (Singh, 2020).

Refrain from abusing adjournments or needless delays in proceedings (Nair, 2022).

When appropriate, promote alternative dispute resolution techniques to lessen the load on the courts (Nair, 2022).

Avoid using your career for political or personal advantage (Gupta, 2019).

Legal experts should provide support, protection, and justice (UNICEF, UNFPA, & UNHCR, 2019).

They should never shame or blame the survivor. The focus should be on holding perpetrators accountable and empowering survivors throughout the legal process (UNICEF, UNFPA, & UNHCR, 2019).

Want the references for this article?


Comments


bottom of page