COURSE IV: CLINICAL COURSE-I
Objective:
Professions are noble. The movement of all professions, hitherto, has been from chaos to organization, organization to consolidation, and consolidation to autonomy and monopoly. The same is true of the law profession also. The prime reason for conferring autonomy and monopoly by the society on the professionals is the fact that they are a body of learned persons and the interest of society and individuals is safe in their hands.
The Bar should set enviable standards of ethics and scrupulously adhere to them as also enforce them. It is too good for society to trust the learned body of professionals to regulate themselves and not to empower an outsider to sit in judgment over their activities. The trust reposed by the society in profession is to be zealously guarded. The Bar should live up to the expectations of the society.
The society has a right to expect of the professional to such ideal behavior. The course is designed to imbue students with these high values forming the basis of the profession so that they can live up to those standards in their professional lives.
UNIT – I: The legal profession and its responsibilities
The legal profession and its responsibilities; The equipment of the lawyer; Conduct in Court; Professional conduct in general; Privileges of a lawyer; Salient features of the Advocates Act, 1961.
UNIT – II: Duty to the Court
Duty to the Court; Duty to the profession; Duty to the opponent; Duty to the client; Duty to the self; Duty to the public and the State.
UNIT – III: Contempt of Court Act, 1972.
Selected major judgments of the Supreme Court:
- In the matter of D, An Advocate, AIR 1956 SC 102.
- P.J.Ratnani v. D.Kanikaram, AIR1964 SC 244.
- N.B.Mirzan v. The disciplinary committee of Bar Council of Maharastra and Another, AIR 1972 SC 46.
- Bar Cotioci/ OfMaharastra v. M.V.Dabholkar, etc., AIR 1976 SC 242.
- V.C.Ranga‹lurai v. D.Goplan and others, AIR 1979 SC 201.
- Chandra ShekharSoni v. Bar Council of Rajasthan and Others, AIR 1983 SC 1012.
- In Re an Advocate, AIR 1989 SC 245.
- In Re Vinay Chandra Mishra, 1995 (Vol-I) IBR 118.
- Supreme Court Bar Association v. Union of India, AIR 1998 SC 1895.
- Ex-Capt. Harish Uppal v. Union of India, AIR 2003 SC 739.
UNIT – IV
Selected opinions of the Bar Council of India
1. | DC Appeal No. l 6/93 | 1998 | (Vol.1) | IBR 135 |
2. | BCI Tr. Case No.40/91 | 1998 | (Vol.1) | IBR139 |
3. | DC Appeal No. 8/94 | 1998 | (Vol. l) | IBR 153 |
4. | DC Appeal No. 20/94 | 1997 | (Vol. 3 &4) | IBR 193 |
5 | BCI Tr. Case No. 76/95 | 1997 | (Vol. 3 &4) | IBR 201 |
6 | DC Appeal No.43/96 | 1997 | (Vol. 3 &4) | IBR 207 |
7 | DC Appeal No.18/91 | 1997 | (Vol. 1 & 2) | IBR 271 |
8 | DC Appeal No.24/90 | 1996 | (Vol.1) | IBR 135 |
9 | DC Appeal No.19/93 | 1996 | (Vol.1) | IBR 152 |
10 | BCI Tr. Case No.104/90 | 1996 | (Vol.1) | IBR 155 |
1 l | BCI Tr. Case No.52/89 | 1994 | (Vol.1) | IBR 187 |
12 | BCI Tr. Case No.127/88 | 1992 | (Vol. 3 &4) | IBR 125 |
13 | BCI Tr. Case No.39/87 | 1992 | (Vol. 3 &4) | IBR 147 |
14 | BCI Tr. Case No.39/89 | 1992 | (Vol. 3 &4) | IBR 149 |
15 | BCI Tr. Case No.16/88 | 1989 | (Vol.1) | IBR 99 |
16 | BCI Tr. Case No.2/88 | 1989 | (Vol.1) | IBR 102 |
17 | BCI Tr. Case No.52/88 | 1989 | (Vol.2) | IBR 110 |
18 | DC Appeal No.41/87 | 1989 | (Vol.2) | IBR 122 |
19 | BCI Tr. Case No.29/81 | 1989 | (Vol.2) | IBR 245 |
20 | DC Appeal No.14/88 | 1989 | (Vol.2) | IBR 258 |
21 | BCI Tr. Case No.14/80 | 1989 | (Vol.2) | IBR 264 |
22 | DC Appeal No.24/87 | 1989 | (Vol.2) | IBR 273 |
23 | DC Appeal No.46/86 | 1989 | (Vol.2) | IBR 280 |
24 | DC Appeal No.3/88 | 1989 | (Vol.2) | IBR 285 |
25 | BCI Tr. Case No.2/80 | 1989 | (Vol.2) | IBR 289 |
26 | BCI Tr. Case No. 10/86 | 1989 | (Vol. 3 &4) | IBR 520 |
27 | BCI Tr. Case No.101/88 | 1989 | (Vol. 3&4) | IBR 524 |
28 | DC Appeal No.23/88 | 1989 | (Vol. 3&4) | IBR 532 |
29 | DC Appeal No.35/87 | 1989 | (Vol. 3&4) | IBR 536 |
30 | BCI Tr. Case No.27/88 | 1989 | (Vol. 3&4) | IBR 542 |
31 | BCI Tr. Case No.6/84 | 1989 | (Vol. 3 &4) | IBR 560 |
32 | BCI Tr. Case No.24/86 | 1989 | (Vol. 3&4) | IBR 563 |
33 | DC Appeal No.10/88 | 1989 | (Vol. 3&4) | IBR 572 |
34 | DC Appeal No.45/74 | 1988 | (Vol. 1 &2) | IBR 182 |
35 | DC Appeal No.23/87 | 1989 | (Vol. 1 & 2) | IBR 187 |
36 | DC Appeal No.6/81 | 1988 | (Vol. 1 & 2) | IBR 193 |
37 | BCI Tr. Case No.16/86 | 1988 | (Vol. 1 & 2) | IBR 197 |
38 | DC Appeal No.41/86 | 1988 | Vol.1 & 2) | IBR 200 |
39 | DC Appeal No.33/86 | 1988 | (Vol. 3 &4) | IBR 354 |
40 | DC Appeal No.21/85 | 1988 | (Vol. 3&4) | IBR 359 |
41 | BCI Tr. Case No.43/82 | 1988 | (Vol. 3&4) | IBR 364 |
42 | DC Appeal No.28/86 | 1988 | (Vol.3 & 4) | IBR 374 |
43 | DC Appeal No.64/74 | 1987 | (Vol.2) | IBR 314 |
44 | DC Appeal No.30/84 | 1987 | (Vol.2) | IBR 319 |
45 | DC Appeal No.40/86 | 1987 | (Vol.3) | IBR 488 |
46 | DC Appeal No.10/86 & 10A/86 | 1987 | (Vol.3) | IBR 491 |
47 | DC Appeal No.7/86 | 1987 | (Vol.3) | IBR 496 |
48 | DC Appeal No.7/81 | 1987 | (Vol.4) | IBR 735 |
49 | DC Appeal No.12/86 | 1987 | (Vol.4) | IBR 745 |
50 | BCI Tr. Case No.57/87 | 1987 | (Vol.4) | IBR 753 |
UNIT – V
Accountancy for lawyers:
Need for maintenance of accounts- Books of accounts that need to be maintained- Cash Book, journal and ledger
Elementary aspects of bookkeeping: Meaning, object, journal, double entry system, closing of accounts
The cash and bulk transaction- The Cash book- Journal proper especially concerning client’s accounts- Ledger, Trial balance, and final accounts- Commercial mathematics.
- Mode of assessment: The scheme of evaluation for Clinical Course-I: Professional Ethics and Professional Accounting System shall be as under:
- There shall be a viva for 20 marks at the end of the semester. Viva shall be conducted by the course teacher and the principal or a senior faculty member designated by the principal.
- Two Written Tests shall be conducted for 40 marks each.
- The questions in the test papers should be spread over the whole syllabus.
- I test shall be at the end of 9 weeks of the semester and the II test shall be by the end of the semester.
Prescribed Books
- Iyer, K.V., Krishnaswamy, Professional Conduct and Advocacy (Oxford University Press 1945)
- B.S.Raman, Financial Accounting, “Elements of Accountancy”, (Mangalore: United Publishers, 1998)
Reference Books
- Menon, N.R. Madhava, Clinical Legal Education, (Eastern Book Co., 2008)
- Dr. B. Malik, Art of Lawyer, (New Delhi: Universal Book Agency, 1999)
- Contempt of Court Act, 1971
Professional Ethics and the Professional Accounting System Syllabus Download