1.
Submitted BY
Sunit Kapoor
B.BA LLB(H)
8th Semester
Competence in
Professional Ethics

2.
Professional Ethics
 Professional ethics are standards or codes of conduct
set by people in a specific profession. A code of
ethics is a part of the expectations of those involved in
many different types of professions. People in a
profession don't want to condone bad, dishonest or
irresponsible behavior if it does occur by someone in
their field. By setting out expected behaviors in the
form of professional ethics, professionals work
together to try to uphold a good reputation.
 Respect and honesty are the two main components of
professional ethics. All employees are expected to
represent a business ethically as they are a part of it.
This is why businesspeople traditionally speak of "we"
or "us" rather than the more personal "I" for the most
part.

3.
Professional Ethics
 Professionally accepted standards of personal
and business behavior, values and guiding
principles. Codes of professional ethics are
often established by professional organizations to help
guide members in performing their job functions according to
sound and consistent ethical principles.
 Professional ethics are frequently formulated in Codes of
Conduct or Rules of Professional Practice, which illustrate
the high standards on which reputations for professionalism
rest. .... [P]rofessional Codes or Rules are designed in part to
help reassure the public of two conditions. These conditions
are that any particular set of professional services is being
given not only by (i) properly qualified or technically expert
persons but also (ii) by persons whose professional
standards merit the high degrees of public trustworthiness
which are typically required of professionals.

4.
 A code of ethics guides all managerial decisions,
creating a common framework upon which all
decisions are founded. This can help to create a
understanding of the boundaries within an
organization and the standards set for interacting
with external people. A formal, well-
communicated code of ethics can also help to
protect a Lawyer's reputation and legal standing
in the event of a breach of ethics by an individual.
Purpose

5.
 Codes of ethics can cover any scope, from the
corporate level to the workgroup level. Corporate
level ethics standards speak in grand, idealistic
terms, communicating the entire ethical vision of
the organization in a single document. Ethical
standards for business units or geographical
divisions can be a bit more specific, applying to
the particular industry or region in question.
Codes of ethics at the departmental level often
deal with highly specific issues, which are often
related to experiences and trends within the
department.
Scope

6.
 It assists in availing legal representation to all in
the society.
 It sets out the minimum duties of a legal
practitioner towards his client, the court and to his
counter parts in the profession
 It spells out the minimum standards of practice.
 Enhances public confidence in the legal
profession
 It builds loyalty between the advocate and his
client
 It gives the lawyer a guide line on how to act in
cases of conflicts of interest
IMPORTANCE OF ETHICS

7.
Ethics
 CONFIDENTIALITY
1. Keep information confidential except when disclosure is
authorized or legally required.
2. Inform all relevant parties regarding appropriate use of
confidential information. Monitor subordinates' activities to
ensure compliance.
3. Refrain from using confidential information for unethical or
illegal advantage.
 INTEGRITY
1. Mitigate actual conflicts of interest, regularly communicate
with business associates to avoidapparent conflicts of
interest. Advise all parties of any potential conflicts.
2. Refrain from engaging in any conduct that would prejudice
carrying out duties ethically.
3. Abstain from engaging in or supporting any activity that

8.
Key to Productive Professional
Ethics
 CREDIBILITY
1. Communicate information fairly and objectively.
2. Disclose all relevant information that could reasonably be
expected to influence an intended user's understanding of the
reports, analyses, or recommendations.
3. Disclose delays or deficiencies in information, timeliness,
processing, or internal controls in conformance with
organization policy and/or applicable law.
 COURTESY
We will treat all our clients and business contacts with
courtesy. This means we will treat them in the same fashion
that we would wish to be treated ourselves.

9.
Key to Productive Professional
Ethics
 OBJECTIVITY
Our advice will always represent what we honestly
believe is in your best interests. We will always act
with impartiality and we will never allow our
judgement to be affected by any actual or potential
conflict of interest with impartiality. If we become
aware that any conflict of interest has arisen, or that
there is a risk that one may arise, we will immediately
bring the matter to your attention and seek your
agreement before we continue to act on your behalf.

10.
Key to Productive Professional
Ethics
 COMPETENCE
Competence is the attainment and maintenance of an
appropriate level of knowledge and skill together with
the effective application of that knowledge in providing
our services to you. We will continue to maintain and
improve our professional competence.
We recognise any limitations in our knowledge and
we only provide our services in areas in which we are
competent. If you ask us to undertake work in any
areas in which we are not competent we will advise
you that this is the case. We will either refer you to an
appropriately qualified individual or we will seek your
permission to consult such a person on your behalf.

11.
Professional competence
 A competency is an underlying characteristic
of an individual which enables him/her to
deliver superior performance in a given
situation. Competencies consist of clusters of
knowledge, attitude and skill set. Professional
competence is the broad professional
knowledge, attitude, and skills required in
order to work in a specialized area or
profession. Disciplinary knowledge and the
application of concepts, processes and skills
are required in a test of professional
competence in any particular field.

12.
Competence in Professional
Ethics
 To Maintain competence in Professional ethics imposes
the following obligations on all professional
(a) To maintain professional knowledge and skill at
the level required to ensure that clients or employers
receive competent professional service; and
(b) To act diligently in accordance with applicable
technical and professional standards when performing
professional activities or providing professional services.
(c) To Maintain an appropriate level of professional
expertise by continually developing knowledge and skills.
(d) To Perform professional duties in accordance with
relevant laws, regulations, and technical standards.
(e) To Provide decision support information and
recommendations that are accurate, clear, concise, and
timely.
(F) To Recognize and communicate professional
limitations or other constraints that would preclude
responsible judgment or successful performance of an

13.
Competence in Professional
Ethics
Competent professional service requires the
exercise of sound judgment in applying professional
knowledge and skill in the performance of such
service. Professional competence may be divided
into two separate phases:
(a) Attainment of professional
competence; and
(b) Maintenance of professional
competence.
The maintenance of professional competence
requires a continuing awareness and an
understanding of relevant technical, professional
and business developments. Continuing

14.
So why is ethics important to the
practice of law?
 First because lawyers are integral to the working-
out of the law and the Rule of Law itself is
founded on principles of justice, fairness and
equity. If lawyers do not adhere and promote
these ethical principles then the law will fall into
disrepute and people will resort to alternative
means of resolving conflict. The Rule of Law will
fail with a rise of public discontent.

15.
So why is ethics important to the
practice of law?
 Second, lawyers are professionals. This concept
conveys the notion that issues of ethical
responsibility and duty are an inherent part of the
legal profession. It has been said that a profession's
most valuable asset is its collective reputation and
the confidence which that inspires. The legal
profession especially must have the confidence of
the community.
 The challenge before the legal profession....is to
resolve the basic paradoxes which it faces....To
reorganise itself in such a way as to provide more
effective, real and affordable access to legal advice
and representation by ordinary citizens. To preserve
and where necessary, to defend the best of the old
rules requiring honesty, fidelity loyalty, diligence,

16.
So why is ethics important to the
practice of law?
 Third, because lawyers are admitted as officers of
the court and therefore have an obligation to
serve the court and the administration of justice.
 And finally because lawyers are a privileged class
for only lawyers can, for reward, take on the
causes of others and bring them before the
courts.

17.
The application of ethical
principles to the legal profession
 There are a number of applications of ethical
responsibilities so far as the practice of law is
concerned. It is common to divide these ethical
obligations into duties owed to the client and
duties owed to the court. It should be noted that a
breach of these ethical obligations may lead to
civil proceedings by the client, for example an
action for breach of confidence or an action for
negligence; while at the same time may be
grounds for disciplinary proceedings under the
relevant Legal Practitioners legislation.

18.
Thank
You