The Hindu : Tamil Nadu / Chennai News : Lawyers urged to adhere to the code of conduct

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Wednesday, Aug 25, 2010
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Tamil Nadu

Tamil Nadu - Chennai

Lawyers urged to adhere to the code of conduct

Special Correspondent

Cooperation sought in implementing National Litigation Policy

— Photo: K.V. Srinivasan

Legal mission:(From right) Justice P. Sathasivam, Judge, Supreme Court, Justice M.Y. Eqbal, Chief Justice of Madras High Court, and Justice

CHENNAI: Lawyers should scrupulously abide by the professional code of conduct and avoid indulging in any activity that may tend to lower the image of the profession in society, Justice P. Sathasivam, Supreme Court Judge, said on Tuesday.

In a special address at the national seminar on ‘Role of Lawyers in National Litigation Policy,' organised by the Tamil Nadu Advocates' Association (TNAA), Mr. Justice Sathasivam said that as the duty of a lawyer was to assist the court in administration of justice, advocates must adhere to the guidelines of the Bar Council to maintain the dignity and purity of the profession.

Pointing out that the lawyer as an officer of the court was bound by morality and ethics, Mr. Justice Sathasivam said the integrity of the judicial process should be of fundamental concern to the Bar and the lawyer.

“Like a judge, a lawyer is a functionary of the judicial analysis with powers and duties as important as those of judges and courts themselves and this is the great role to be played by the lawyers in contemporary society.”

Essential role

While individually lawyers played an essential role in citizens' access to justice in civil rights matters or criminal proceedings, as a professional body representing more than 8 lakh practitioners, lawyers “have a large responsibility to society while discharging their professional obligations,” Mr. Justice Sathasivam said.

Reminding lawyers that they were duty-bound to render legal service to the poor and underprivileged, he wanted them to help the poor in at least two cases each year.

Mr. Justice Sathasivam said the Centre had formulated a National Litigation Policy (NLP) to reduce the cases pending in various courts in India based on the recognition that the government and its various agencies were the predominant litigants in courts and tribunals.

As the new litigation policy envisaged attaining the National Legal Mission target of reducing average pendency from 15 years to 3 years, the government must cease to be compulsive litigants and set an example for States to follow and eschew the “let the court decide approach,” he said.

Supreme Court Judge Justice A.K. Ganguly said the National Litigation Policy can never be implemented successfully without the able and sincere cooperation of members of the Bar.

The lawyer had three roles rolled into one —as mouthpiece of the client, as officer of the court whose primary duty was to assist the court to the right decision and as a contributor to nation-building, Mr. Justice Ganguly said.

Chief Justice of the Madras High Court Justice M.Y. Eqbal called for the cooperation of the advocates in implementing the NLP, which would reduce pendency and expedite justice delivery. Advocates need not worry if disputes were to be resolved expeditiously as they would continue to get new cases and new clients.

P.S. Raman, Advocate General, Madras High Court; Adish Agarwal, Chairman, All India Bar Association; P. Wilson, Additional Advocate General; R. Krishnamoorthy, senior advocate; S. Prabakaran, TNAA president; and D. Selvam, vice-president, also spoke.

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