An educational material with what is professional ethics, advocacy, skills and bar bench relationship.

1. Practical Training I (Sem I, LLB. First
Year)
DR. SHARMILA GHUGE,
JITENDRA CHAUHAN COLLGE OF LAW,
MUMBAI

2. INTRODUCTION
 Why Practical Training Subject:
Hands on experience
Different from the theory subjects
Added value for learning
 Students Dedication + Determination+
Decision = BEST OUTCOME

3. A Few Eminent Indian Lawyers
Adv. Nani Palkhiwala
Adv. Fali Nariman
Adv. Ram Jethmalani Adv. Soli Sorabji
Adv. Indira
Jaising Adv. Harish Salve

4. UNITS (Marks Pattern 75:25)
• Unit I- Professional Ethics
• Unit II- Advocacy
• Unit III- Bar Bench Relation & the Contempt of
Courts Act.
• Disciplinary Action

5. GUIDELINES FOR SUBMISSION
• Any A/4 size (8.3 x 11.7 inches) or Legal size (8.5 x 14.0 inches) journal (book) must be used
for the purpose of entering the records of Practical Training -I
• The Submissions must be Hand written only. (Approx. 20 to 30 pages)
• The Journal should compulsorily contain the following particulars:
– Cover Page
– Acknowledgment
– Table of Contents
– Pages must be numbered appropriately
• The Cover Page of the Journal must contain the following details:
• Subject: Practical Training -I
• Name of Student
• Roll number & Division
• College Name
• Faculty Incharge
• Students are encouraged to be creative with respect to their submissions.
• 4. Hard copy of Journal with spiral binding should be submitted to the college office on or
before……….
• Students can including judgments, newspaper articles, paper cuttings, etc

6. Professional Ethics
• Professional ethics are principles that govern the
behaviour of a person or group in a business
environment. Like values, professional ethics provide
rules on how a person should act towards other people
and institutions in such an environment.

7. Professional Ethics of Lawyers
The fundamental aim of Legal Ethics is to maintain the honour
and dignity of the Law Profession, to secure a spirit of friendly
co-operation between the Bench and the Bar in the promotion of
highest standards of justice, to establish honourable and fair
dealings of the council with his client opponent and witnesses;
to establish a spirit of brotherhood in the Bar itself, and to
secure that lawyers discharge their responsibilities to the
community generally.
Section 49(l)(c) of the Advocates Act, 1961, engages the Bar
Council of India to make obligations in order to endorse the
gauges of professional conduct and decorum to be seen by the
advocates.

8. • Obligations of an advocate towards Court:
• to maintain poise and self-respect.
• An advocate is required to keep up the respect of the legal
office
• The advocate will not see himself as a mouthpiece of client
and will control his language in correspondence, pleadings,
etc., during contentions in the Court.
• An advocate will show up in Court consistently just in the
recommended dress and his appearance will consistently be
respectable.

9. The codes of ethics
• Integrity.
• Objectivity.
• Professional competence.
• Confidentiality.
• Professional behavior.

10. Professional misconduct of lawyers
• Professional misconduct means dereliction of duty relating
to Legal profession. Under S. 35 of the Advocates Act, an
Advocate is punishable not only for professional misconduct
but also for other misconduct. Other misconduct means a
misconduct not directly connected with the legal profession.
• Punishment:
• a) dismiss the complaint or, where the proceedings were
initiated at the instance of the State Bar Council, direct that the
proceedings be filed; (b) reprimand the advocate; (c) suspend
the advocate from practice for such period as it may deem fit;
(d) remove the name of the advocate from the State roll of
advocates.

11. Unit II- Advocacy
• The specialty or art of advocacy that encourages a
legal counsellor to turn into a fruitful legal advisor,
• Principles –
• Clarity of purpose, Safeguard, Confidentiality,
Equality and diversity, Empowerment and
putting people first

12. Advocacy Skills
• Types Of Advocacy. ...
• Key Advocacy Skills And The Best Ways To
Develop Them. ...
• Clearly Defining The Problem. ...
• Identifying Appropriate Advocacy Type. ...
• Building Expertise. ...
• Maintaining Proper Records. ...
• Developing The Right Attitude. ...
• Doing Persistent Follow Ups.
•

13. Advocacy Skills
1Communication skills.
2 Networking. ...
3 Presentation skills. ...
4 Drafting skills. ...
5 Research. ...
6 Analytical skills. ...
7 Teamwork. ...
8 Taking the lead.

14. Basics of Good Advocacy
The skills you need in Court:
• Marshalling of facts of case
• Identifying the law and the legal
principles involved,
• Research into the authorities,
• Drafting pleadings and formulating the points of
law
• Precisely setting out the issues, and then the
arguments in accordance of the issues raised
• Being prepared for answering the googlies that
the judges throw at you.

15. PREPARATION
• First - Read the Facts carefully, summarize it, &
identify areas of law the case deals with. E.g.
Constitution/crime / tort / property / contract / labour
law.
• Second - look for the area in a law textbook, read
relevant chapter / section on it, & identify relevant
cases. Use the most up to date version of any
textbook. Double check to see whether any more
recent cases have affected the legal position
• Third - Identify arguments & points in your favour &
also against you.

16. PREPARATION
• Support your argument with Authority ,Reason and logic
• Authorities can be Decisions of the Supreme Court, High
Courts ,judgments in other jurisdictions based on common
law, Quotations from learned articles and textbooks, and
Parliamentary debates
• While quoting foreign cases- It may be prudent to introduce
the case by saying 'although not binding on this Court it may
be of assistance to examine the judgment in...‘
• Always keep up eye contact with the judge, and watch for
signals from him or her

17. Unit III Bar Bench Relation &
Contempt of Court
• “Bar-Bench Relation in law refers to the cordial relationship
between the Advocates and the Judges. The Bar (Advocates)
and Bench (Judges) play an important role in the
administration of justice. The judges administer the law with
the assistance of the lawyers. The lawyers are the officers of
the court.

18. Contempt of Court
• Contempt of court is an act of disrespect or disobedience
towards a court or interference with its orderly process.
Examples include disrupting court proceedings, interfering
with attempts to obtain evidence, destroying evidence,
disobeying a court order, and intimidating witnesses.
• A contempt order may address behavior both in the courtroom
and outside it, including public displays of disrespect toward
the court. In short, risk being found in contempt of court if you
act in a way that is disruptive, disrespectful, or that threatens
the fair verdict or outcome of a case.

19. Types of Contempt
• There are two types of contempt of court: Criminal Contempt
of Court. Civil Contempt of Court.
• Civil contempt refers to the willful disobedience of an order of
any court.
• Criminal contempt includes any act or publication which:
• (i) 'scandalises' the court, or
• (ii) prejudices any judicial proceeding, or
• (iii) interferes with the administration of justice in any other
manner.

20. Punishment of contempt of court
• (1) Save as otherwise expressly provided in this Act or in any
other law, a contempt of court may be punished with simple
imprisonment for a term which may extend to six months, or
with fine which may extend to two thousand rupees, or with
both: —(1) Save as otherwise expressly provided in this Act or
in any other law, ...
• Section 16 of the Contempt of Court Act, 1971 provides
that judges, magistrates, and other persons acting judicially
can also be held liable for contempt of their courts or any
other court.

21. Disciplinary Action
Powers of the disciplinary committees – Bar Council of India
Section 42 of Advocates act, provides that the disciplinary committee of a Bar
Council shall have the same powers as are vested in a civil court under the
Code of Civil Procedure, 1908, in respect of summoning and enforcing the
attendance of any person and examining him on oath, requiring discovery and
production of any documents; receiving evidence on affidavits; requisitioning
any public record or copies thereof; issuing commissions for the examination
of witnesses or documents and any other matter which may be prescribed.
An advocate who is suspended from practise is debarred from practising in
any court or before any authority or persons in India. The disciplinary
committee of a State Bar Council may of its own motion or otherwise review
any order passed by it, but no such order shall have effect unless it has been
approved by the Bar Council of India.

22. The disciplinary committee of the Bar
Council of India
• The Act has conferred powers on the disciplinary committee of
the Bar Council of India to make inquiry in some cases on
complaints of misconduct referred to it, to withdraw cases for
enquiry before itself, to hear appeals and order stay and to
review its own orders. It has the power to make such order as
to costs of any proceedings before it as it may deem fit. Any
such order shall be executable as if it were an order of the
Supreme Court.

23. Power to enquire and to withdraw
• If on receipt of a complaint or otherwise, the Bar Council of
India has reason to believe that any advocate on the common
roll whose name is not entered on any State roll has been
guilty of professional or other misconduct, it shall refer the
case for disposal to its disciplinary committees. The committee
may also of its own motion, withdraw for enquiry before itself
any proceedings for disciplinary action against any advocate
pending before the disciplinary committee of any state Bar
Council and dispose of the same.

24. Power to hear appeals and order stay
• Any person aggrieved by an order of the disciplinary
committee of a State Bar Council made under section 35 may
within sixty days of the date of the communication of the order
to him, prefer an appeal to the Bar Council of India. Every
such appeal is to be heard by the disciplinary committee of the
Bar Council of India which may pass such order thereon as it
deems fit. Under the rules made by the Bar Council of India a
fee of R.s. 50 has been prescribed for an appeal to be filed
before the Bar Council of India.

25. Social Responsibility of Law
Students/lawyers
• Focus on ethical practice
• Being honest to your profession
• Duty bound towards client
• Lawyers are means of achieving justice
• It’s a noble profession, try to uphold the
dignity of the same.

26. Message For All
• Need of social transformation in the attitude,
perceptions and behaviour of the young
lawyers to bridge up the gap of ideal concepts
and reality leading to a dignified and
developed India upholding Rule of Law and
Justice for all in the country.

27. WEBSITES FOR REFERNCES
•Judgments.ecourts.gov.in
(Judgments from 1950 to 2023)
•Indiakanoon.org
• Scconline.com
• Manupatra.com
• Vakilnoone.com
• advocatekhoj
• Lexusnexis
• Westlaw
• proquest
• googlescholar

28. Books for Reference

29. Aim Higher and bigger
THANK YOU
Thank you!
I am available at
Sharmila.ghuge@gmail.com