Professional misconduct of lawyers in Bharatham : - Part-3.
Opinion
04/10/2016.
758.
All Members,
Respected family members of this great holy Nation.
Sub : Professional misconduct of lawyers in Bharatham : - Part-3.
Ref : Media reports :
A). Lawyers attack journalists at Kerala High Court premises :
B). Shameful attempt by Kerala courts to silence media :
With no compromise at sight, people are wondering if pressure tactics of the lawyers have the tacit support of the government.
C). Attack on media persons by advocates: Advocate General favours judicial probe :
Criticising the advocates' protest, Chairman of Kerala State Human Rights Commission Justice J B Koshy said advocates boycotting court proceedings was against the Supreme Court's directive.
Pleader's sexual misconduct: Cops-lawyers' tiff worsens :
By Express News Service Published: 20th July 2016 05:14 AM
KOCHI: The face-off between the legal fraternity and City Police over the molestation case against Government Pleader Dhanesh Mathew Manjooran snowballed into a major controversy, with the lawyers alleging that Manjooran was framed, even as the police claimed that the disgraced lawyer’s kin had coerced the victim to retract her statement. And even though the lawyers planned to take out a protest march against the police action on Tuesday, it was later called off at the instance of Advocate General C P Sudakara Prasad.
According to the lawyers, the police were trying to settle a score with Dhanesh, who is a government counsel at the Kerala High Court, by implicating him in a case. Also on Tuesday, the presser convened by Kerala High Court Advocates’ Association in the evening was boycotted by the media in protest against the manhandling of Deccan Chronicle reporter Rohit Raj by a section of the lawyers following a verbal spat over the issue.
Earlier on Monday, shortly after the disgraced pleader had protested his innocence in an interview to an online news agency-- he claimed that the police were wreaking revenge on him-- the police came out with a news release.
And the statement from City Police(CP) Commissioner M P Dinesh said, “ The colleagues and relatives of the accused met the complainant and told her that Manjooran’s wife had attempted suicide after the news of her husband’s indiscretion appeared in the media, and that his child was terminally ill. They compelled the complainant to back off from the case and it was agreed that the victim would not identify the accused in court. Later, an affidavit was prepared in English and the complainant was made to sign on it, after convincing her that the affidavit was a document to be submitted before the court. The affidavit was submitted before the Judicial First Class Magistrate Court when Manjooran was produced there,” adding, the victim confessed that she had been coerced by the Pleader’s men and Manjooran’s portrayal of himself as a victim of police action was a blatant lie.
NOTE :
1.
According to Justice Abbot Parry, there are seven important qualities that a lawyer should possess, he call these qualities as seven lamps of advocacy, they are; Honesty, Courage, Industry, Wit, eloquence, Judgement, and Fellowship. Apart from that the panchsheel of the bar are Honesty, Industry, Justice, Service and Philisophy and Panchsheel of the bench according to Sri ram Kishore Rande are, Impartiality, Independence, Integrity and Industry, Judicial activism and Prayer. Among the various duties of the advocates like, duties to client, court, public, colleagues and self, selected points can be picked up and arranged according to the due and relative importance and are called as ten commandments of advocates they are;
2.
a) Duties to client
1) Protection of the interest of the client
2) Proper estimation of the value of legal advices and services
b) Duties to court
3) Honesty and respect
4) Preparation of the case
c) Duties to Public
5) Service
6) Loyalty to law and justice
d) Duties to colleagues
7) Fellowship
8) Fairness
e) Duties to self
9) Systematic study
10) Prudence and diligence
3.
Legal Practitioners act 1879 has not defined the word Misconduct. The word Unprofessional conduct is used in the act. Even the Advocates Act 1961 has not defined the term misconduct because of the wide scope and application of the term. Hence to understand the instances of misconduct we have to rely on decided cases. Some of the instances of Professional misconduct are as follows,
4.
Instances of Misconduct
1) Dereliction of duty
2) Professional negligence
3) Misappropriation
4) Changing sides
5) Contempt of court and improper behaviour before a magistrate
6) Furnishing false information
7) Giving improper advice
8) Misleading the clients in court
9) Non speaking the truth
10) Disowning allegiance to court
11) Moving application without informing that a similar application has been rejected by another authority
12) Suggesting to bribe the court officials
13) Forcing the prosecution witness not to tell the truth.
Victim speaks against Dhanesh Mathew Manjooran - YouTube
My view
1. Today all most all Advocates do not follow professional ethics;
2. All greedy and do service to any extent to the criminals;
3. Knowing that his client committed crime the advocates proclaim and declare the accused innocent;
4. Thus the victim is denied justice;
5. Majority advocates are not bothered about the victims.
Thank you for reading
JAIHIND.
To be continued ..
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