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IMMUNITIES IN THE LEGAL PROFESSION

INTRODUCTION

There are some cases where this is seen that some people have been given few rights or extra privileges or authorization to do such acts which are not meant to be done by all, this is called immunity or exemption from the liability of the work they are doing for society or their client when it comes to any legal practitioner. Even if any negligence has been done can be cured based on it, but still, immunities played a vital role for lawyers, attorneys or barristers and all legal professionals.

For instance, State immunities are defined under Sec 86 of the CPC 1908[1], which states about Suits against Rulers, Ambassadors and Envoy.

Even after having immunities, there must be a sense of ethical values which are essential to be followed by legal professionals despite their values or concerns.


KEYWORDS: Immunities, legal profession, ethical values, responsibility and need.


HISTORY OF IMMUNITIES IN THE LEGAL PROFESSION

The modern legal profession in India is inspired by the Colonial rule of barristers and hence adopted by that but then after being modified as per the need of the Indian society their work two types of Courts in India in 1726 in Madras and Calcutta this course had all the British legal practice notes including judges but after the enforcement of legal practice act 1846[2] some of the Indian who were very well educated came after completing their Lord degree from Britain we are also allowed to participate in the legal profession if respective of the nationality and religion all the people were allowed to participate in legal practices in this case as it can be clearly seen that barristers had their immunities in the legal profession as they made India as a Colony heads this is something that came up from a very long term in India at that time the immunity was lying with the Britishers because they were the rulers then after while in the case of women there was the acceptance admitted after the enforcement of legal practitioners (women) act 1923[3] since then sum of the privileges were provided to all the legal practice in the way of protecting and differentiate themselves from the other people of the society which is termed as immunity in the legal profession generally all the immunities or the privileges were given to all those people However the attorneys and judges after the commitment of this act this immunity came up with the women as well it was in such a sense that it could provide a sense of privilege or some extra rights to protect themselves or to differentiate themselves After other people or other parts of the society.


Definition: to understand the immunity of the legal profession it is essential to find out the definitions of immunity legal profession as well as immunities in the legal profession which has been accomplished by our history or by the rule of the administration


Immunity: the general meaning of the term immunity States about the privileges or something extra that has been provided as a right or any special right which is given for the exemption of any act which has been done by an individual. , in the case of legal immunity, all the legal practice nurse has some special rights which are considered or distinguish them from other people it can be classified into six parts namely:

  1. Judicial immunity

  2. Diplomatic immunity

  3. Sovereign Unity

  4. Absolute immunity

  5. Qualified immunity

  6. Parliamentary immunity

As per the Britannica Dictionary[4]defines legal immunity means exemption or freedom from liability.


Legal Profession: legal profession is a profession that involves the legal aspects of society to resolve disputes or conflicts among people, communities, institutions etc. Those officers who hold legal office are called legal practitioners.


Immunities in legal Profession: The Oxford Dictionary[5]defines immunity as the ability to avoid or not be affected by infections or diseases, which represents that Immunities in any field are meant to deal with the infections or diseases like the dominance of rich people, problems in establishing new generation lawyers, to differentiate legal practitioners from other people of the society, corruption, long terms of proceedings etc. in fact as per the Advocate Protection Bill 2021[6]an advocate can not be arrested without the proof of any such activity which can become the basis of such proceeding.


WHY IMMUNITIES ARE NEEDED?

Although Immunities are everywhere in every field but in legal space there is a vital need of it for the protection of legal practitioners from other parts of society. Some of the reasons requiring Immunities are –

  1. To decrease rash lawsuits

  2. To decrease unmeritorious complaints

  3. To maintain the ethical values of the profession

  4. For fair and proper proceedings

  5. To maintain faith in the judicial working process

  6. To reduce malpractices and many more such reasons are there which are necessarily the grounds on which legal immunities must play their role. Even the honourable Supreme Court stated recently that there must be protection for legal practitioners.

EXCEPTIONS OF IMMUNITIES IN THE LEGAL PROFESSION

There are a lot of reasons why immunities are to be given to a legal practitioner but as always there are a few exceptions–

  • According to Sec 5 of the Legal Practitioner (Fees) Act 1926[7], there is no immunity to an advocate in the case of negligence done by him during the proceeding.

  • According to Sec 35 of the Advocates Act 1961[8], the State Bar Council has the power to conduct an enquiry on professional or other misconducts that happened during the pendency of a case or during the proceeding.

  • A disciplinary committee[9] can also look into the matter of mis-mechanism and any negligence done by any professional during the preceding

LIBERALIZATION AND LEGAL PROFESSION

To make the complexity easier for the understanding of new generation advocates and to make the integration among countries that is globalisation liberalisation in the legal profession was introduced increasing the interest of legal professionals, judges and the society was the main motive to introduce this India signed WTO treaty in the 90s regarding the economic liberalization which also covered legal services sector under the GATS famously called as General Agreement on Trade and Services and negotiation under trading activities due to which legal the sector got immunities.


ETHICAL RESPONSIBILITY IN RELATION TO IMMUNITY

There is an ethical responsibility of all the legal practitioners practising in the courts as they are considered as the legal officers for the purpose of justice and to enforce all the laws codes and proceedings in order to follow all these things it is essential to follow all the legal Toms with the values of ethical sentiments and own values at the same time keeping aside all the greed, it is essential to look at this in the view of the social welfare or responsibility.


CONCLUSION

After having all such immunities with their exceptions it is essentially needed for all the legal practitioners to see and to work for the Welfare with the responsibility of their client for society and all it is not essential to follow each in every ethical value but it is essential to follow at least all the basic Humanities that are there considered in social welfare for the countries in the form of responsibility that we are facing it is essentially needed for the society to follow all the immunities but as well as the responsibilities we have.


REFRENCES [1] The suit against foreign Rulers, Ambassadors and Envoys, Sec 86 of Code of Civil Procedure 1908 [2] Passed by honourable Court on 7th jan1846 with the council of ministers. [3] Enacted to overrule a complete bench decision of Patna and Calcutta High Courts. [4] Britannica Dictionary , last updated by Kathleen kuiper on 5th may 2023 [5] The Dictionary of law enforcement , A dictionary of law(7) [6] Passed by The Bar Council of India on 2nd July 2021 by constituted a seven-membered committee. [7] M. Veerappa vs Evelyn Sequeira & Ors on 13 January, 1988 [8] Adi Pherozshah Gandhi vs H. M. Seervai, Advocate-General ... on 21 August, 1970 [9] Sec 9 of Advocates act 1961

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