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lawyers' ethics: did you say it is ethical?

privileges always come with duties and ethics and so is the case with lawyers. The bar council of India is empowered setting Standards of Professional Conduct and Etiquette for Lawyer in India under Section 49(1 )(c) of the Advocates Act, 1961. Among other restrictions, the bar council has mentioned that An Advocate shall not personally engage in any business but he may be a sleeping partner in a firm doing business provided that, in the opinion of the Bar Council the nature of the business is not inconsistent with the dignity of the profession. But, i fail to understand the intent of BCI while saying so. Majorly there can be two facets of the problem- 1. that why unlike other business you cannot practice advocacy together with doing business? and 2. that what does BCI mean by "the nature of the business is not inconsistent with the dignity of the profession" ? Also, which all kinds of business would fall in such purview of against the dignity of advocacy, always lies only in BCI's perception.

 

While agreeably ethics in every profession is desirable and appreciated but at the same time, the interests of such lawyers must also be protected who struggle to make their both ends meet(especially new-comers and first-generation practitioners). so, personally i feel a need of change in this strict imposition of restriction in the name of ethics, to aid to advocates rights to livelihood and freedom of trade and business.

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