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Time management for lawyers by abhishek sharma

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Time management for lawyers by abhishek sharma

  1. 1. 1 (SCC online, n.d.) (Rai)1 Contents Time management for lawyers................................................................................................................1 INTRODUCTION ..................................................................................................................................1 Reasons/benefits for time management………………………………………..………………………………………………..,2 conclusion………………………………………………………………………………………………………………………………………..2 Code of demeanour in india…………………………………………………………………………3 introduction……………………………………………………………………………………………………………………………..3 bodies……………………………………………………………………………………………………………………………………….3 duties towards clients,courts,society……………………………………………………………………………………..3,4,5 punishment for misconduct……………………………………………………………………………………………………..6 conclusion……………………………………………………………………………………………………………………………….7 Submitted by- Abhishek Sharma 16bcl1022 Submitted to- Ms.Disha dogra mam(asst prof) Subject –Professional Ethics & acc for lawyers TIME MANAGEMENT FOR LAWYERS INTRODUCTION “Time management” is the process/way of organizing and planning how to manage your time between specific tasks and activities. A good lawyer must know the value of time management and must allocate his time for increasing his efficiency. Good time management enables one to work more smartly and not harder – so that one gets more done in less time, even when time is tight and pressure is high. An inefficient time management damages your effectiveness, causes a lot of stress and also affects personal life. An effective Time management has following benefits on lawyer : Get More Done – When time is efficiently managed and you know what you need to do, how to do and what are the goals then you are able to better manage your workload. Lawyer will be able to get more of the tasks done in lesser time.
  2. 2. 2 (SCC online, n.d.) (Rai)2 Lesser Stress – When a lawyer manages his time ,it reduces his stress level , as in this profession workload is high, brainstorming is involved, rushing from one task to task, place to place and burden of appearing in courts and meeting deadlines Less Life Friction and Problems –Whether it is a forgotten appointment with client or missed deadline, not managing your time results in increased life friction. Therefore it helps to Avoid creating your own problems by planning and preparing for your day. Lesser Rework – Being an organized human results in less mistakes. Omitted items, clauses, provisions of law, details, and instructions may lead to extra workload but managing time can solve this extra burden More leisure Time – We can’t create more time, but you can make better use of it by managing your time. Even simple actions like shifting your commute or getting your work done early can produce more leisure time in your life. More Opportunities – Being on top of your time and work produces more opportunities. People start respecting the one who is ready to take newer opportunities. The early bird always has more options and obviously luck favours the prepared. Improves Your Reputation –In the field of law, reputation/goodwill is more important than his skills. Your time management reputation will proceed you. At work and in life you will be known as reliable. And it help in both professional and personal relations Less Effort – A common misconception is that time management takes extra effort. but proper time management makes your life easier. More Time Where it Matters – Managing your time is allotting your time where it has the most needed. Time management allows you to spend your time on the things that matter most to you like on family and recreation Conclusion Time management in a the law field is always important as we have heard justice delayed is justice denied, and lawyers are the harbingers and a medium for it. A good and planned day often bears fruitful results. It helps a professional to reach goals and a efficient way of life
  3. 3. 3 (SCC online, n.d.) (Rai)3 Code of Demeanour for lawyers in India INTRODUCTION The profession of law is a very noble and honourable profession with reference to professional ethics, harboured in compliance with the established set of rules and code of conduct for advocates. There is a given code of conduct for lawyers in India which they are expected to follow while practising the profession. This code of conduct is laid down under legislation that governs the legal profession in India. Rule for Code of conduct of lawyers is mandated to secure the importance of legal profession in India as the lawyers are officers of the court who plays an important and critical part in securing the administration of justice. Legislations that govern the profession of lawyers: Advocates Act, 1961: Act was enacted to govern the law profession in India by making provisions that regulate their registration, admission, methods of practice & education, standardize the ethics of legal provision in India etc. Each lawyer who is a member of the State Bar Council and Bar Council of India has to follow the provisions of this Act. In India, advocate is a subset of a lawyer but the act only applies to the Advocates as the Advocates are the ones who are allowed to practice in the court because of their membership in the Bar Council of India and State Bar Council whereas lawyers are the persons who have completed their bachelors degree in law. Thus, Bar Council code of conduct is applicable only to the member lawyers i.e., advocates. The Bar Council of India This statutory body has been set-up to perform several disciplinary, reformative and regulatory functions in the field of law & other related fields. Its functions include giving recognition to the universities that impart law education and give law degree that acts as a relevant qualification for the registration of an advocate. It also safeguards the privileges, rights as well as interests of the lawyer. So, in order to sustain his membership in the Indian bar, a lawyer has to follow the prescribed bar council code of conduct, standards, ethics and regulations righteously. The above-mentioned legislation and regulatory body have set up a code of ethics for lawyers who are registered and they are required to adhere to the following rules: •A lawyer who has the legitimate certificate to practice in India has to accept briefs from their client in order to stand for them in the court. •A lawyer cannot pull out of a case without a reasonable and serious cause.
  4. 4. 4 (SCC online, n.d.) (Rai)4 •If the lawyer is deponent in a case himself, then they cannot represent a client in court for that particular case. •A lawyer has to be truthful and open to their client and declare all details of the case even if those details may cause harm to the client’s case in coming future. •A lawyer has to always protect and defend the well being of his client. It is an ethical responsibility of a lawyer to put his client’s interest before anyone else’s. •It is unethical for a lawyer to hide or conceal any material evidence or information if that may lead to the unfair sentencing of a person who is innocent. •A lawyer must not start or enrage litigation. •Confidentiality of exchanged information is a necessity in a client-advocate relationship, be it in the form of e-mail, letter or any other exchange of communication. A lawyer cannot release any such sensitive information to a third party. •As a moral responsibility, a lawyer has to maintain trust and confidence of their client and must not ill-treat or abuse any information shared for any other purposes than representing the client. •As an ethical responsibility, a lawyer has to act only on the orders of their client or any person authorized by him. •A lawyer cannot misuse or mis-arrange any of client’s funds without informing them, like converting them into loans or any other wrongful means •If a lawyer is representing a client or any of the parties in a suit, then he can’t participate in selling or auctioning the property as a buyer. •A lawyer has to be accountable to his client for any amount of money delivered by the client i.e. details of the money spent, records of information gathered by that money, etc. •If a lawyer is representing one of the parties in a legal proceeding, he cannot represent any other parties in that suit. •Any personal liability of the lawyer should not be adjusted by the client’s fees. Bar Council Of India Rules Bar Council of India has framed the rules under part VI of chapter II dealing with the standard of professional conduct of lawyers. This chapter state 39 rules or duties of the lawyer against court, client, opponent etc. Duties of Advocates to courts are: # to maintain a respectful attitude and dignity towards courts. # not to impact on the decision of a court by any unlawful or inappropriate means.
  5. 5. 5 (SCC online, n.d.) (Rai)5 # use his best effort to avoid his client from doing unfair practices. # to appear in the court in the prescribed dress, and a presentable manner. # to wear bands or gown in courts only or ceremonial occasions and not in public places. # not to plead in any matter in which he is himself interested. # if he is a member of the any Executive Committee of organization or corporation than he cannot appear in or before any court or any other authority or represent the case of that organization. Duties of Advocate to the client are: # once accepted than cannot withdraw from actions or engagements, without appropriate cause. # should not accept and appear in a case in which he has reason to believe that he will be a witness. # to make full disclosure against his connection with the parties or interest before the commencement of engagements or during the process. # support the interests of his client by all moral means. # not to overpower any material or evidence, which shall prove the innocence of the accused. # not to reveal the communications or talk made by his client to him. # not to charge for his services depending on the success of the matter taken. # does not adjust fee payable to him by his client against his liability to the client. # to keep proper accounts of received money from clients and to provide a copy of statements to clients also and in case of cancellation of proceedings, adjust the fee. # and cannot make payments in favour of clients or cannot lend money to him for legal proceedings. # if he has advised the party in a matter with the institution of suits, then he cannot appear for the opposite party for the same matter.
  6. 6. 6 (SCC online, n.d.) (Rai)6 Lawyers Duty towards the Opponent An advocate has some responsibilities to opponents, also such as: # he cannot communicate or negotiate with any party represented by an advocate except through that Advocate upon the subject matter of conflict. # to carry out all valid promises made to the opposite party. Lawyers Duty towards Colleagues # an advocate has an obligation to colleagues that he will not solicit work or advertise, either directly or indirectly. The sign-board or name-plate should be of a reasonable size, and that board will not show that he is a member on bar council or he is or has been president of bar council or he is or has been with some organization or with matters of particular specialization etc. # he shall not be allowed to use his name in aid or professional service. # when a client can pay the fee than he will not accept a fee lass than taxable under rules. # not enter in the appearance of any case in which there is already a memo was filed by an advocate, except with his consent or parties' consent. Punishment For Professional Misconduct As per section 35 of the Advocate Act,1961 if a person is found guilty of professional misconduct then the case will be referred to a disciplinary committee, then they fix a date of hearing and issue a notice to the Advocate. Then the disciplinary committee of the State Bar Council, will hear both the parties, the court may: # Dismiss the complaint, # warning to advocate; # suspend the Advocate from practice for certain period of time; # remove the name of an advocate from the state roll of advocates.
  7. 7. 7 (SCC online, n.d.) (Rai)7 Conclusion Professional ethics are not only important for advocates, there importance diverse to any field whether it is business or employment or profession. Good ethics leads as to make respect in society as well in our work life. If we compare in between other employment, there were no punishments for this kind of misconduct but in legal profession you have to obey these rules as laws otherwise you will be penalized. Ethics are just about the way or conduct or manner in which we perform our actions or work. In my point of view, it depends on us how we want to work, whether we choose correct way or wrong way. But never forget Karma comes after everyone ultimately.

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