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Sociology of legal profession
The word 'legal' when used as an adjective means pertaining to law or connected with the profession of law. Law is an instrument of Society and its objects are achievement of justice, stability and peaceful change.
Sociology of legal profession may be defined as a study or science of institutions dealing with legal phenomena. The interconnection of different parties in legal system and the interdependence of groups of life.
An advocate is a privileged member of the community and a gentleman besides being a citizen. He has greater responsibility to protect the country and lead the community.
Relationship with public in society
- An advocate shall endeavour to make the laws suitable to the well being of the people.
- He shall guard the liberty and freedom of the people.
- He shall uphold the integrity and unity of nation.
- He should protect the fundamental and human rights.
- He should strive for social legislations.
- He shall educate the people to respect the law and respect for the courts and the judges.
Relationship with community
- An advocate shall established legal aid societies for the purpose of rendering legal assistance to really poor, free of any change.
- He shall help the local bodies to function communities lines.
- He shall provide legal education to the illiterate and working people.
- He shall settle petty disputes by amicable settlement.
- He shall fight against social ills.
Relationship with Court
- An advocate shall be straightforward in argument court.
- He should have sense of humour and pleasing manners.
- He should not mislead the court
- He must be tactful in presenting the matters.
- He shall not influence the decisions of court by any illegal or improper means.
- He shall attend the court in the prescribed dress. He shall not wear a band or gown in public places other than in court.
- He shall not criticize the judiciary with malice.
- He shall not plead in any matter in which he is interested.
- He shall not stand as a surety for his client in a court.
Relationship with the client
- An advocate shall fearlessly uphold the intrests of his clients.
- He shall fairly and reasonably submit the case on behalf of his client
- He shall pay attention which he is capable of giving to the case he is dealing.
- He shall not act on the instructions of any person other than his clients or his authorised agent.
- He shall not ordinarily withdraw from engagement once accepted without sufficient cause.
- He shall not do anything whereby be abused or taken advantage of of the confidence reposed in him by his client.
- He shall not accept a fees less than the fee taxable under the rules when the client is able to pay the same.
- He should keep account of the client's money entrusted to him.
- He should not disclose communication made to them in course of their professional engagement even after the case is over.
Relationship with opponent party
- An advocate shall not communicate or negotiate upon the subject-matter of controversy with any party represented by an advocate except through that advocate.
- He shall not mislead an opponent, or put him on the wrong scent, regarding any point in the case.
- He shall do his best to carry out all legitimate promises made to the opposition party even through not reduced to writing.
The legal services authorities conduct camps in the areas where the rural people, depressed class people live to create awareness about various laws. The legal service authorities involve the NGOs to participate and to help in conducting the legal literacy camps.
Thus, Sociology of legal profession deals with the legal professionals organization, relationships of legal professional and services of legal profession to the needy members of society.
References:
Sociology, By S.R Myneni
