Ethical Dilemma in Legal Profession and Its Resolutions: Some Reflection from India

Thursday, 19 July 2018: 17:54
Oral Presentation
Mona PUROHIT, Barkatullah University, India
In light of the deterioration standard of legal profession and declining of public trust in it, paw way to rethink about the different notion of professional responsibility. Lawyer not only lamented from ethical sensibility but also departed from ultimate goal of truth and justice. A lawyer has the responsibility towards his client and sometimes if in-spite of his best efforts an innocent client has got to go to jail his professional capability is in shake. Another situation when he knows his client has done such heinous offenses, which is against the interest of public and society, morality mallet him. Here ethical dilemma arises, as a professional duty toward client and human duty towards court and society. The mosaic of earnest symbols -equity, justice and fairness entails a human being with a spirit of public good. The ethical dilemma is what to adopt public interest model or market (commercial) mode, this posses a divergence of duties and interest. Professionalism demands their service, private interest, and market tactics. Public interest demands ethical behavior as an independent person and discards the unethical and immoral behaviors. Issues like Client capacity, Confidentiality of information, Duty to the client, Duty to colleagues, Duty to disclose unprofessional conduct of colleagues, Duty to the court, Professional rapport, tactics, and communications with colleagues, examination of Witnesses also embrace dilemmas for lawyers.

Today's lawyers are a buffer between unethical demands of clients and duty to protect the social interest. Professional rules accede departure form idealistic principles but query ascends how far it is feasible? The Paper will deal how to integrate morality with professionalism. Paper would quest for a workable solution that may help Indian lawyers to reimagine and reconstruct legal profession in a responsible way.