Support needed to address unethical practices
bharat khatwani
(Querist) 27 July 2024
This query is : Open
Dear Members of the Public,
The erosion of public trust in the legal system poses a serious threat to our democracy. A significant factor contributing to this erosion is the apparent disregard for existing ethical guidelines among some advocates.
The Problem: Baseless Claims in Legal Notices
I conducted an experiment on a legal forum (Pathlegal) to investigate this issue. I asked if an advocate would draft a legal notice for a bank robber's accomplice claiming an unfair share of stolen money. Disturbingly, most advocates showed no reservations. This indicates a failure to adhere to ethical standards despite clear guidelines.
Personal Experience
Recently, my tenant claimed INR 400,000 for renovations after 24 years based on an alleged oral agreement with my father in 1999. This claim contradicts the Statute of Limitations and lacks credibility. Unfortunately, such baseless claims are becoming increasingly common.
Ethical Concerns and Recommendations
To restore public trust, I urge the Bar Council to:
Review and Reinforce Existing Rules: Ensure guidelines are widely understood and adhered to. Develop campaigns to educate advocates on their ethical duties.
Enforce Disciplinary Measures: Implement stricter consequences for violations, including warnings, suspensions, and potential disbarment for repeated offenses involving baseless claims. Enhance the capacity of disciplinary committees to act promptly.
Promote Ethical Advocacy: Strengthen guidelines to prevent frivolous lawsuits. Implement mandatory continuing education programs on ethical conduct.
By taking these steps, the Bar Council can deter unethical practices and reduce frivolous lawsuits, leading to a more efficient and just legal system.
Support the Petition
I have uploaded this petition at Change.org. Please support it to help establish the rule of law and restore public trust in our legal system.
Read more at: Lawyers Club India
Thank you for your support.
Sincerely,
Bharat Khatwani PS. This is being reposted to make sure that it is not ignored just because it was anonymous.
T. Kalaiselvan, Advocate
(Expert) 27 July 2024
This platform is to render legal opinion to the needy people who struggle to get proper legal opinion to pursue their legal issues.
This is not a place to entertain such ideas for changing or reforming any system.
bharat khatwani
(Querist) 28 July 2024
Dear Mr. Kalaiselvan,
Thank you for your reply to my post about the erosion of public trust in the legal system due to unethical practices. I appreciate your perspective on LCI's primary function.
While LCI serves as a valuable resource for legal advice, fostering ethical conduct within the profession is vital for long-term public trust. Don't you agree that a more ethical legal system benefits everyone, including individuals who rely on its services?
My Pathlegal experiment, though unconventional, exposed a concerning trend of some advocates overlooking ethical guidelines. It begs the question: When representing an accomplice in a robbery and pursuing a claim against a co-conspirator is deemed acceptable, where do we draw the line? My personal experience further reinforces the tangible consequences of such disregard.
The solutions I proposed focus on strengthening ethical standards and enforcement mechanisms within the Bar Council. This aims to protect individuals seeking legal services and uphold the integrity of the legal profession.
A healthy legal system thrives on openness and accountability. By openly discussing these issues, we can encourage positive reform. Perhaps, instead of dismissing the need for discussion, you could offer alternative solutions to address the concerns I've raised. I'm committed to a constructive dialogue that prioritizes ethical practices within the legal system.
T. Kalaiselvan, Advocate
(Expert) 28 July 2024
Your post is good to read but this is not the place to vent out your grievances on the subject, if you are affected and aggrieved you can approach high court court with a PIL seeking relief.
bharat khatwani
(Querist) 28 July 2024
Pl. provide citation so that I can convince advocates.BTW I have tried it but I was told that there is no such precedence.
Sudhir Kumar, Advocate
(Expert) 16 August 2024
Your efforts can be appreciable.. But this forum guides as to how a victim can reach justice in the present system.
reforming system is much large an issued to be tackled on spare time on charitable basis.
Th experts here have their own profession to follow and just spent spare time here on charity basis.
bharat khatwani
(Querist) 27 August 2024
Dear Mr. Kalaiselvan and Mr. Sudhir Kumar,
Thank you for your feedback on my previous posts.
To Mr. Kalaiselvan: I understand that the primary function of this forum is to provide legal advice rather than discuss systemic reforms. However, addressing ethical practices within the legal system is crucial for maintaining its integrity. If you have any specific citations or precedents that might support filing a PIL on this matter, I would greatly appreciate your guidance.
To Mr. Sudhir Kumar: I appreciate your acknowledgment of the importance of my efforts. While I recognize that reforming the system is a significant undertaking, I believe that discussing these issues openly is a vital step towards positive change. Constructive dialogue on ethical practices is essential for long-term improvement.
Thank you both for your time and insights. When I decided to take actions against advocate,I knew it is going to be uphill task as in history of bar council no one has been penalised for violating rule 4 and 5 of conduct rule.
bharat khatwani
(Querist) 28 August 2024
On one hand, we have numerous articles and discussions on LCI that highlight the importance of ethical conduct in the legal profession. There are detailed sermons on ethics—how advocates should uphold integrity while serving justice. These articles preach about the responsibility lawyers have to the public and emphasize that ethical practice is the cornerstone of a fair legal system.
But when it comes to real-world issues, such as baseless legal notices that waste time, money, and judicial resources, the same experts seem to shirk away from supporting meaningful reform. Instead, I’ve been told that LCI is only meant to provide legal advice, not to discuss or support systemic improvements.
How can we, as a community, advocate for ethical conduct in theory but remain silent when real issues arise? If ethics are truly as important as many LCI articles claim, why is there a lack of support for reforms that would enforce ethical conduct and hold those who abuse the system accountable? Why dismiss discussions on improving the system as irrelevant to this forum when ethics should be at the heart of every legal action?
This inconsistency raises serious questions. The legal profession cannot have it both ways—preaching ethics but avoiding reform when it's most needed. If we are truly committed to upholding the integrity of the legal system, we must support efforts to improve it, not just in words, but in actions—because ACTIONS SPEAK LOUDER THAN WORDS.
I ask the experts here: if you believe in ethics, shouldn't you also support reforms to ensure accountability for those who violate them? Let’s not just talk about ethics—let’s work towards making them a reality. Sign the petition and support ethical reforms:
https://chng.it/g8T7vPVCbn
