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Public Visibility And Commercial Interests Must Not Override Professional Ethics of Lawyers: CJI Surya Kant

Public Visibility And Commercial Interests Must Not Override Professional Ethics of Lawyers: CJI Surya Kant

Professional Ethics in Legal Practice

Chief Justice of India Surya Kant on Wednesday emphasised that professional ethics must guide lawyers not merely in their courtroom conduct but also in their dealings outside the courtroom, stressing that the credibility of the legal profession rests on integrity, accountability and public trust.

Addressing the second lecture of the Supreme Court’s Monthly Lecture Series on Law, Justice and Legal Education, organised on October 28 on the theme “The Importance of Ethics in the Legal Profession”, the CJI said professional success should not be measured solely by the quality of arguments advanced or outcomes secured, but also by the manner in which those outcomes are achieved.

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“Legal knowledge provides the tools of the profession; ethics determine how those tools ought to be used,” he said, adding that professional competence risked becoming detached from the larger purpose of justice without this distinction.

The CJI said the administration of justice depended on professional trust between the Bench and the Bar. Courts relied on advocates to present relevant facts, identify the applicable law and test competing arguments with intellectual honesty. The strength of the adversarial system, he observed, lay not merely in the ability to argue forcefully, but also in the assurance that proceedings were conducted within ethical boundaries. “When that assurance weakens, the consequences extend beyond an individual proceeding to public confidence in the justice system,” he said.

Emphasising the importance of professional conduct beyond the courtroom, the CJI said differences of opinion and criticism were legitimate but had to be expressed with fairness, restraint and respect for institutional integrity. He cautioned that personal expression should not come at the cost of the trust that sustains the justice system. He said:

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“The dignity of the justice system depends, in part, on how the members of the Bar conduct themselves, both inside and outside the courtroom. Differences of opinion and criticism are legitimate, but they must be expressed with fairness, restraint and respect for institutional integrity. The manner in which we voice our disagreements matters as much as the substance of what we say. In a world increasingly shaped by public visibility and commercial interests, professional ethics must remain our compass, ensuring that personal expression does not come at the cost of the trust that sustains the justice system.”

The CJI also highlighted the responsibilities that accompany the privileges of the legal profession, particularly in the lawyer-client relationship. He observed that people approaching lawyers were often doing so at moments of uncertainty, making the profession their first point of contact with the justice system. “Honesty in advice, diligence in representation, fairness in professional fees and sensitivity towards vulnerable litigants” were, he said, essential expressions of professional responsibility and public service.

Turning to legal education, the CJI said ethical values must be cultivated from the earliest stages of a lawyer’s training. Students must learn not only the law but also the judgment required to navigate situations in which professional obligations are tested.

He said legal ethics should not be confined to memorising rules of conduct but should encourage future lawyers to confront difficult questions, appreciate competing responsibilities and understand the consequences of their choices. He added that ethical conduct should not be treated as an obligation to be recalled only when a complaint arises, but must inform the everyday decisions of the Bar, the Bench and those entrusted with legal education.

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“Ultimately, rules set standards of professional conduct, but professional conscience gives them enduring force. Ethical conduct must not be treated as an obligation to be recalled only when a complaint arises. It must inform the everyday decisions of the Bar, the Bench and those entrusted with legal education. The credibility of our profession rests on the trust it inspires, and that trust must be earned through consistent integrity and accountability.”

The CJI was delivering the introductory remarks before inviting Professor Dr. R. Venkata Rao to deliver the second lecture in the series. Prof Rao previously served two consecutive five-year terms as Vice-Chancellor of the National Law School of India University, Bengaluru, and has served as Vice-Chancellor of the India International University of Legal Education and Research, Goa, since March 2023.

The Monthly Lecture Series on Law, Justice and Legal Education was announced on Teachers’ Day and is intended to provide a forum for reflection and discussion on principles shaping the legal system and society.