The legal profession is not just a career but a crucial pillar of the judicial structure of society. It operates in the interest of justice, ethics, and the well-being of society. A lawyer’s duty is not only to resolve legal issues but also to play a significant role in maintaining law and order. Every member of the judiciary, whether a judge or a lawyer, contributes to legal awareness and ensures justice in society.
A country’s judicial system can only be effective when its legal professionals perform their duties with integrity and honesty. There are various perceptions about the legal profession in society; some people consider it merely a means of earning money, while in reality, it is a profession that integrates knowledge, ethics, and a spirit of service. This article will discuss the meaning, nature, importance, and characteristics of the legal profession in detail.
Table of Contents
What Do You Mean by Legal Profession? Explain Its Nature and Importance. Distinguish Between Legal and Ordinary Business
Meaning of Legal Profession
The legal profession is a noble and ideal profession. It involves resolving various disputes and cases in accordance with existing laws, customs, and principles of natural justice. Individuals engaged in the legal profession are known as lawyers, advocates, pleaders, legal advisors, etc.
The development of the legal profession first began in Britain, where some wealthy individuals initiated it with the sentiment of serving society. Later, their successors were referred to as barristers. The primary objective of legal professionals was not to earn money but to serve the public. In India, the judicial administration existed under various rulers, but legal professionals did not have any recognized place in it. With the arrival of the British in India, Anglo law was introduced. Over time, as disputes increased in various fields, the demand for legal professionals also grew. Even today, despite the commercialization of the legal profession, its fundamental objective remains the service of the distressed human society.
According to Section 2(1)(j) of the Advocates Act, 1961, the term “legal profession” refers to an advocate, pleader, attorney, or revenue agent in a High Court.
Nature and Importance of the Legal Profession
The legal profession is the only profession that requires legal professionals to harmonize various human relationships and activities while striving for justice. It is an intellectual profession aimed at providing relief to individuals who are victims of injustice and oppression through the judiciary, ensuring the protection of their constitutional and human rights, and enabling them to live a dignified life.
In the case of Abhay Prakash Sahay vs. Patna High Court (A.I.R. 1998 Patna), it was stated that the legal profession has always been considered a high-level intellectual and ethical profession. It holds a prestigious place in society. A legal professional not only assists the parties in a case but also helps the judiciary in the administration of justice.
The nature and key characteristics of the legal profession are as follows:
- It is a knowledge-based profession.
- A legal professional must have an understanding of various human interactions.
- It is an independent profession, primarily driven by a spirit of service.
- Legal professionals are bound by various fiduciary relationships.
- Advertising, appointment of brokers, and soliciting clients are against legal and professional ethics in this field.
- There must be cordial relations between the Bar and the Bench.
- The appointment of middlemen in the legal profession is strictly prohibited.
- A lawyer acts as a trustee of the client’s interests and must perform all duties in the best interest of the client.
- Since the legal profession is not a business, a lawyer should not hold competitive or envious feelings toward another lawyer.
- A lawyer should not take up cases that compromise professional integrity.
- According to legal ethics, a lawyer must protect the client’s interests and should not conspire with the opposing party.
- A lawyer gets opportunities to meet with judges both inside and outside the courtroom, but they must not establish secret relationships with judges.
- If a lawyer wins a case, expressing gratitude to the judge is unnecessary. Similarly, if they lose a case, criticizing the judge is unjustified.
- If a legal precedent set by a judge is cited before the same judge, the lawyer should neither overly praise the precedent nor exaggerate its intellectual value.
- If a lawyer participates in legal discussions or delivers lectures on law, they have the right to respectfully critique court decisions. However, they should avoid self-promotion during such discussions.
प्रतिषेध रिट क्या है? What is prohibition writ?
चलत प्रत्याभूति का प्रतिसंहरण Revocation of continuing guarantee
प्रस्ताव की संसूचना कैसे होती है How is a proposal communicated?
Differences Between Legal Profession and Ordinary Business
The following are the key differences between the legal profession and ordinary business:
- The legal profession involves lawyers, judicial officers, litigants, and other legal personnel, whereas ordinary business involves buyers, sellers, manufacturers, traders, producers, and agents.
- Lawyers are prohibited from advertising their profession, whereas advertising is common and unrestricted in ordinary business.
- The primary goal of the legal profession is public service rather than earning money, whereas the main objective of ordinary business is financial profit.
- The relationship between a lawyer and a client is based on trust and confidentiality, while this is not necessarily required in ordinary business.
- Appointing agents or brokers is strictly prohibited in the legal profession, whereas middlemen are considered essential for business growth in ordinary business.
- Legal professionals must have formal legal education, whereas in ordinary business, specialized education is usually not mandatory (with some exceptions).
The Legal Profession: A Medium for Justice, Not Just a Career
The legal profession is not merely a career but a powerful means of safeguarding justice in society. It is not confined to financial gains but embodies a spirit of service, ethics, and justice.
The role of legal professionals in society is highly significant, as they not only protect individual rights but also ensure the enforcement of laws through the judiciary. In the modern world, the legal profession needs to be more ethical, transparent, and impartial so that justice is accessible to all. A true legal professional must fulfill responsibilities not only toward clients but also toward society, the judiciary, and the law itself.
If all legal professionals perform their duties with honesty and integrity, the judicial system can become more effective and fair. Thus, the legal profession should not be seen merely as a means to earn money but as a service to society and a safeguard of justice.