Professional Ethics of Law Professionals [B Sunitha vs State of Telangana]

In the first week of December 2017, Supreme Court, in B Sunitha vs State of Telangana, directed the government to frame a law to check violation of professional ethics by lawyers and also to ensure access to legal services in an equitable manner.

Background

The judgement came in the backdrop of a case in Telangana wherein, a woman’s husband died in a road accident in1998. She presented her accident claims in Motor Accident Claims Tribunal (MACT) through a lawyer, who charged hefty fees from her. Apart from a cheque of three lakh, she paid an additional 10 lakh to the lawyer from the compensation awarded by MACT. He also asked for 16 per cent of the compensation received as a part of fees. She filed a petition in Supreme Court alleging that the lawyer has broken her trust.

Observations made by Supreme court

• High fees charged by lawyer’s amounts to violation of equal justice to the poor. So there is need to prescribe “floor and ceiling of advocates’ fees”.
• The practice of the lawyers to demand a percentage of claim amount as part of professional fees tantamount to ‘professional misconduct’ by the lawyers.
• SC urged the centre to introduce legislative framework for effective regulatory mechanism of legal profession.

Why there is a need to regulate legal profession?

Hefty fees

Charging of exorbitant fees by the lawyers has become the order of the day. It is one of the biggest barriers contributing to the huge pile of pending cases. So their regulation is important to make them realise that their profession is a part of administration of justice and not mere money getting trade.

Maintain Public confidence

It is the lawyers who come to the rescue of people suffering from injustice from the hands of any entity. Exploiting them in the most vulnerable time for money is a grave injustice to the people as well as toward’s ones own profession. Legal profession plays most important role in strengthening the administration of justice. The confidence of the public in the legal profession is integral to the confidence of the public in the legal system

Right to equal justice

SC has rightly mentioned that commercialisation of the legal profession is a violation of the fundamental right of the poor to get equal justice. Elitist character of the profession infringes the common man’s right and debars them the access of legal rights.

Constitutional mandate

Article 39(A) of DPSP says that the state will try to make legal system fair and would provide free legal aid to the people.

Way Forward

Way back in 1988 the Law Commission’s of India submitted its 131st report, wherein it recommended the Parliament to prescribe floor and ceiling in fees for services rendered by lawyers. However the report was shelved with no effective results. Thus, keeping in view the report and the recent SC judgement the government should take steps to introduce a legislation for regulating the profession. It needs to be understood that reformation in the legal profession is a pre-requisite for judicial reforms which again is indispensable for democratic reforms. [Link to Judgement]