Professional Ethics Viva Questions Llb | viva questions for llb @lawlifebymd

Summary

This video is a comprehensive guide for LLB and BA LLB students on professional ethics, designed to prepare them for exams and viva. It covers essential concepts such as the definition and importance of professional ethics, duties of advocates towards clients, courts, colleagues, and society, as well as prohibited actions like misconduct, strikes, and advertising. The instructor provides practical guidance on answering behavioral viva questions, shares key case laws, and emphasizes the role of lawyers in delivering justice, particularly for weaker sections of society. The video blends legal knowledge with practical tips, boosting confidence and readiness for both theory and viva assessments.

Takeaways

• 😀 Professional ethics govern the behavior and conduct of lawyers, ensuring they uphold truth, fairness, and integrity in their practice.
• 😀 The main purpose of the Advocate Act, 1961, is to regulate the practice of advocates and establish the Bar Council of India to maintain discipline in the profession.
• 😀 Lawyers must always speak the truth in court, avoid presenting false evidence, and uphold the sanctity of the justice system.
• 😀 Confidentiality is a critical duty towards clients. Lawyers must maintain secrecy about anything shared with them, even if it involves serious crimes committed by the client.
• 😀 A lawyer must treat the opposing party with fairness, respect, and courtesy while upholding the ethics of impartiality and professionalism.
• 😀 Lawyers must not advertise their services, as doing so would degrade the dignity of the legal profession and violate professional ethics.
• 😀 A lawyer’s primary duty is towards society, ensuring justice is served by supporting the legal system and maintaining ethical standards in all their dealings.
• 😀 Misconduct by lawyers, such as providing false evidence or disrespecting the court, is a serious violation of legal ethics and can lead to suspension or other disciplinary actions.
• 😀 Lawyers should avoid strikes or boycotts as they disrupt the legal process and deny justice to people seeking it.
• 😀 Professional ethics also include the lawyer’s responsibility towards personal integrity, maintaining respect for the legal profession, and working towards social justice and equality.

Q & A

What is Professional Ethics in the context of law?

Professional Ethics refers to the rules and principles that regulate the conduct and behavior of lawyers, ensuring honesty, integrity, and proper conduct towards clients, courts, colleagues, and society.

What is the main purpose of the Advocate Act 1961?

The Advocate Act 1961 primarily aims to regulate the practice of law, establish Bar Councils, and ensure proper professional conduct of lawyers.

What are the key duties of a lawyer towards the court?

A lawyer must always speak the truth and never present false evidence. The lawyer should maintain respect for the judiciary and uphold the integrity of the legal process.

What responsibilities does a lawyer have towards their client?

A lawyer must maintain confidentiality, provide honest and competent advice, act in the client's best interest, and return client files after the conclusion of a case.

Why is advertising and solicitation prohibited for lawyers?

Advertising is prohibited to prevent the legal profession from becoming a business and to maintain its dignity and impartiality.

What is considered misconduct for a lawyer?

Misconduct includes unethical or illegal behavior such as presenting false evidence, participating in strikes, violating confidentiality, or engaging in inappropriate professional conduct.

How should a lawyer handle a client who admits guilt in a serious crime?

The lawyer should provide legal guidance according to the law, ensure the client follows proper legal procedures, and never attempt to manipulate the court with false evidence.

What are the duties of a lawyer towards society?

Lawyers should contribute to the justice system, assist vulnerable and disadvantaged groups, promote fairness, and work to ensure the law serves the public good.

Which landmark cases define lawyer misconduct and strikes?

Key cases include Harish Uppal (illegal strikes by lawyers), Supreme Court Bar Association (clarifying contempt powers), Bar Council of Maharashtra v. Dholkar (definition of misconduct), and Vinay Chandra Mishra (disciplinary action for contempt/misconduct).

What are the recommended ways to answer personal viva questions about studying law?

Students should express genuine interest in law, highlight their desire to understand the justice system, aim to serve society, protect rights, and support equality. Avoid mentioning family influence or peer pressure as reasons.