B.Sunitha Vs State of Telangana, lawyers shouldn’t violate professional ethics
Lawyers demanding percentage of claimed amount from clients:The practice of some lawyers demanding a percentage of the claim amount awarded to clients by the courts as professional fees, was severely criticized by the Supreme Court and ruled that this amounts to “misconduct” and goes against public policy.
The court also called on the government to bring about legislative changes to check violation of professional ethics by lawyers and to ensure access to justice to all.
Repeated strikes of lawyers: The bench also referred to the Law Commission’s 131st report, and said it was observed that recurring strikes by the bar had contributed to the arrears piling up, jeopardising the “consumers of justice”, and led to weakening of the system of administration of justice.
The Law Commission’s 131st report was submitted in 1988, it mentions effective law should be enacted to regularise the fee, or providing public sector services to needy litigants without any fee or at standardised rates.
Article 39A of Directive Principles of State Policy mentions free legal aid to everyone in need.
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