The study of business ethics and its implications for different stakeholders have seen tremendous growth in the past few decades. There has also been a rise in the use and development of codes of ethics and announcements for ethical practices by many firms; however companies are still criticized for their unethical practices at different levels (Papers4you.com, 2006). Business ethics, according to the literature has been entrenched with the philosophical details of Ethics (Trevino & Nelson, 1999). Ethics has been defined as ‘the activity of examining the moral standards of a society, and asking how these standards apply to ones life and whether these standards are reasonable’ (Velasquez, 1998; p. 11).

The literature on business ethics is divided on its views about the motivation and reason for businesses to have an ethical dimension. Drawing upon Harrison (2001), there are two major schools of thoughts, firstly those who suggest that firms are profit generating institutions and therefore business ethics is yet another way to attract customers, secondly those who support corporate conscience and intrinsic motivation for the adoption of business ethics.

Business ethics has been considered very subjective in nature and according to Paul (2001) is considered a function of time and culture. It has been established that with the passage of time business ethics have evolved and also that the cultural values and norms drive business ethics within national and regional boundaries. One of the major studies regarding the national values has been conducted by Hofstede (1983). According to this research, which was only based on four indicators i.e. individualism, power distance, uncertainty avoidance and masculinity, there is a great deal of differences among values across different nations and consequently the business ethics. Globalization combined with standardization has made businesses financially efficient but at the same time poses questions regarding the standardized codes of business ethics across national boundaries.

Vinten (1991) has divided the business ethical issues at different levels i.e. international business, domestic business and professional ethics. At the international level ethical issues include free-masonry and socialism versus capitalism; at domestic level these include religious dimensions, social marketing and ethical education; and lastly at the individual level these include bribery, corruption and data protection (Papers4you.com, 2006).

There are many reasons and criticisms for the failure of adoption of ethics in the business world. Firstly, the concept is considered to be overly theoretical and it also negates the basic purpose of any business i.e. to create shareholder’s wealth. Secondly, it has lack of direction and unanimity across different cultures and academic groups. Lastly, it has many inherent unresolved dichotomies that according to Sternberg (1994) make it a case of rejected relativism.

References:

Harrison, J. (2001), Ethics for Australian Business, Prentice-Hall, French’s Forest

Hofstede, G. (1983), The Cultural Relativity of Organizational Practices and Theories, Journal of International Business Studies, Vol. 14, No. 2, pp.75-89

Papers For You (2006) “S/B/92. What distinguishes ethical from unethical business activity and how significant are the principles of business ethics in modern business?”, Available from http://www.coursework4you.co.uk/sprtbus21.htm [17/06/2006]

Papers For You (2006) “S/B/49. ‘Should businesses strive to be ethical?’ Critically Discuss”, Available from Papers4you.com [18/06/2006]

Paul, S. (2001), Cultural and Business Ethics, Cross Cultural Management: An international Journal, Volume 8 No. 1, pp 22-35

Sternberg, E. (1994), Relativism rejected: the possibility of transnational business ethics, in Hoffman, W.M., Kamm, J.B., Frederick, R.E., Petry, E.S. Jr (Eds), National Conference on Business Ethics. Proceedings from the 9th Conference on Business Ethics Sponsored by the Centre for Business Ethics at Bentley College, Quorum Books, New York, NY, pp.143-50

Trevino, L.K., Nelson, K.A. (1999), Managing Business Ethics: Straight Talk about How to Do It Right, 2nd ed., J. Wiley & Sons, New York, NY

Velasquez, M.G. (1998), Business Ethics: Concepts and Cases, 4th ed., Prentice-Hall, Englewood Cliffs, NJ

Vinten, G. (1991), Business Ethics: Busybody or Corporate Conscience?, Managerial Auditing Journal, Volume 5, Number 2, pp. 123-144

Professor Dr. Werner Krieglstein (College of DuPage) giving a lecture for his class Ethics 1110. This is Part 1 of 2. Part 2 can be found at: www.youtube.com For more info on Dr. Werner Krieglstein and his philosophy, Transcendental Perspectivism please visit his official website at: www.perspectivism.com . More links related to this field can be found at: www.perspectivism.com . You can also read more about Werner on Wikipedia at: en.wikipedia.org . To contact Dr. Krieglstein for more information or to invite him to speak at a specific conference or event please: www.perspectivism.com .

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products and services carried out primarily to drive sales of the products and services but also to build a brand identity and communicate changes or new product /services to the customers. Advertising has become an essential element of the corporate world and hence the companies allot a considerable amount of revenues as their advertising budget. There are several reasons for advertising some of which are as follows:

Increasing the sales of the product/service Creating and maintaining a brand identity or brand image. Communicating a change in the existing product line. Introduction of a new product or service. Increasing the buzz-value of the brand or the company.

Thus, several reasons for advertising and similarly there exist various media which can be effectively used for advertising. Based on these criteria there can be several branches of advertising. Mentioned below are the various categories or types of advertising:
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Print Advertising – Newspapers, Magazines, Brochures, Fliers

The print media have always been a popular advertising medium. Advertising products via newspapers or magazines is a common practice. In addition to this, the print media also offers options like promotional brochures and fliers for advertising purposes. Often the newspapers and the magazines sell the advertising space according to the area occupied by the advertisement, the position of the advertisement (front page/middle page), as well as the readership of the publications. For instance an advertisement in a relatively new and less popular newspaper would cost far less than placing an advertisement in a popular newspaper with a high readership. The price of print ads also depend on the supplement in which they appear, for example an advertisement in the glossy supplement costs way higher than that in the newspaper supplement which uses a mediocre quality paper.

Outdoor Advertising – Billboards, Kiosks, Tradeshows and Events
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Outdoor advertising is also a very popular form of advertising, which makes use of several tools and techniques to attract the customers outdoors. The most common examples of outdoor advertising are billboards, kiosks, and also several events and tradeshows organized by the company. The billboard advertising is very popular however has to be really terse and catchy in order to grab the attention of the passers by. The kiosks not only provide an easy outlet for the company products but also make for an effective advertising tool to promote the company’s products. Organizing several events or sponsoring them makes for an excellent advertising opportunity. The company can organize trade fairs, or even exhibitions for advertising their products. If not this, the company can organize several events that are closely associated with their field. For instance a company that manufactures sports utilities can sponsor a sports tournament to advertise its products.

Broadcast advertising – Television, Radio and the Internet
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Broadcast advertising is a very popular advertising medium that constitutes of several branches like television, radio or the Internet. Television advertisements have been very popular ever since they have been introduced. The cost of television advertising often depends on the duration of the advertisement, the time of broadcast (prime time/peak time), and of course the popularity of the television channel on which the advertisement is going to be broadcasted. The radio might have lost its charm owing to the new age media however the radio remains to be the choice of small-scale advertisers. The radio jingles have been very popular advertising media and have a large impact on the audience, which is evident in the fact that many people still remember and enjoy the popular radio jingles.

Covert Advertising – Advertising in Movies

Covert advertising is a unique kind of advertising in which a product or a particular brand is incorporated in some entertainment and media channels like movies, television shows or even sports. There is no commercial in the entertainment but the brand or the product is subtly( or sometimes evidently) showcased in the entertainment show. Some of the famous examples for this sort of advertising have to be the appearance of brand Nokia which is displayed on Tom Cruise’s phone in the movie Minority Report, or the use of Cadillac cars in the movie Matrix Reloaded.

Surrogate Advertising – Advertising Indirectly

Surrogate advertising is prominently seen in cases where advertising a particular product is banned by law. Advertisement for products like cigarettes or alcohol which are injurious to heath are prohibited by law in several countries and hence these companies have to come up with several other products that might have the same brand name and indirectly remind people of the cigarettes or beer bottles of the same brand. Common examples include Fosters and Kingfisher beer brands, which are often seen to promote their brand with the help of surrogate advertising.

Public Service Advertising – Advertising for Social Causes

Public service advertising is a technique that makes use of advertising as an effective communication medium to convey socially relevant messaged about important matters and social welfare causes like AIDS, energy conservation, political integrity, deforestation, illiteracy, poverty and so on. David Oglivy who is considered to be one of the pioneers of advertising and marketing concepts had reportedly encouraged the use of advertising field for a social cause. Oglivy once said, “Advertising justifies its existence when used in the public interest – it is much too powerful a tool to use solely for commercial purposes.”. Today public service advertising has been increasingly used in a non-commercial fashion in several countries across the world in order to promote various social causes. In USA, the radio and television stations are granted on the basis of a fixed amount of Public service advertisements aired by the channel.

Celebrity Advertising

Although the audience is getting smarter and smarter and the modern day consumer getting immune to the exaggerated claims made in a majority of advertisements, there exist a section of advertisers that still bank upon celebrities and their popularity for advertising their products. Using celebrities for advertising involves signing up celebrities for advertising campaigns, which consist of all sorts of advertising including, television ads or even print advertisements.

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In these highly sophisticated epochs of advanced technologies and state of the art facilities, the sheer multiplicity of career options in front of scholars from all over the globe is sure to strand you at crossroads as to which career path to pursue in the near future. It should not come to you as a great surprise if you find students bewildered over the question as to which top careers to pick from. It should also be reckoned that new career prospects sprout up virtually day after day.

Let us talk about the top careers that are in the lime light and how to go about if you intend to pursue them. Amid the top careers, some of the much sought after alternatives are pursuing IT careers or Marketing careers. While IT careers require you to be an engineering graduate, Marketing careers call upon MBA degree as a prerequisite. Marketing careers are distinguished all over the globe for their rewarding nature and high paying benefits in the current corporate scenario.

The utter overabundance of career options extended by a degree in MBA will unquestionably sweep you off your feet; thus, one have to be very cautious while paving the way for a secure and satisfying career. When it comes to marketing careers, these alternatives are very exciting wherein the vocation put forth an assortment of challenges which are constructive and progressive for the one pursuing it.

However with the new age clients being more demanding and aware, those looking forward to pursue marketing careers have to keep themselves up to date with the newest developments taking place in the arena of customer satisfaction and in view of that have to brace themselves aptly.  First rate communication skills and a keen eye for recognizing predicaments of customers are some of the much sought after traits which are looked for in any individual chipping in for marketing careers.

Let us overview some of the marketing careers, some of the posts which you can view to fill in are: – Operations Manager, Brand Manager, Inventory Manager, Human Resources (HR) Manager, International Business Manager, Logistics Manager, Store/ Retail Manager, Management Consultant, Sales Manager, Market Research Manager, Public Relations Manager, Marketing Manager, Project Manager, Product Development Manager, and a lot more.

In today’s times IT careers are also emerging as the most preferred option as now a day MNCs and large blue chip corporations are looking for industry ready and skilled experts. The flexible working culture and apt opportunities for growth along with timely promotions make IT careers more alluring and lucrative.

Some of the most sought after IT career positions are as follows: – Web Developer, Animator, Web Design, Communication Managers, Web Master, Computer and Information System Managers, Unmanned Vehicle Operations Specialist, Computer Engineer, Chief Information Officer, Computer Forensics, Systems Operators, Video Game Designer, Systems Analyst, Computer Graphic Specialists, Software Tester, Computer Hardware Engineer, Software Developer, Computer Programmer, Robotics Engineer, Computer Security Professional, Network Systems Analyst, Computer Software Engineer, Medical Informatics, Computer Systems Manager, Internet System Administrator, Cryptanalyst, Internet Professional, Database Developer, Information Technology Specialist, Games Programmer, Software Quality Assurance Engineer, etc.

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Synopsis:

Ethics of Legal Profession

Introduction

The profession of law is honourable, and its members are expected to act in an honest and upright manner, and any deviation from these elementary principles is liable to e dealt with severely.

An advocate practising law is under a triple obligation­­­­­­:

An obligation to his clients to be faithful to them till the last, an obligation to the profession not to besmirch its name by anything done by him, and an obligation to the court to be and to remain a dependable part of the machinery through which justice is administered. It is beyond the scope of treatise on legal ethics to describe the aims and uses of examinations of witnesses or to state the rules as to how evidence shall be recorded. In examining witnesses the advocate should not forget that he is not merely the counsel of client but also an officer of the Court to further the ends of justice. Similarly, the advocate should maintain towards his opponent utmost cordiality. Clients and not counsels are litigants. The ill-feelings between clients should not be allowed to influence the conduct of their counsel. Says Daniel Webster: “lawyers on opposite sides of a case are like the two parts of shears, they cut what comes between them, but not each other”

In the same way, Law being a fraternity, the profession is entitled to loyal support of its members in the maintenance of this tradition. There are certain duties of advocates towards his profession also; like, professional courtesy, co-operation, equal consideration to all members of the profession, encourage junior brethren, should stand up for its dignity and privileges whenever there is occasion for it, he should expose corrupt or dishonest conduct in the profession. Similarly advocates should also owe certain duties towards his colleagues which is analysed in subsequent pages.

In the words of Chief Justice Marshall has observed;

“the fundamental aim of Legal Ethics is to maintain the honour and dignity of the Law Profession, to secure a spirit of friendly co-operation between the Bench and the Bar in the promotion of highest standards of justice, to establish honourable and fair dealings of the counsel with his client opponent and witnesses ; to establish a spirit of brotherhood in the Bar itself ; and to secure that lawyers discharge their responsibilities to the community generally.”

Legal profession is not a business but a profession. It has been created by the state for the public good. Consequently, the essence of the profession lies in the three things-

Organisation of its members for the performance of their function ; Maintenance of certain standards, intellectual and ethical for the dignity of the profession; Subordination of pecuniary gains to efficient services.

The codification of the canons of the professional ethics may give impression that the code is exhaustive while in reality it cannot be exhaustive. It has been rightly stated by P.Ramanatha Aiyer and N.S. Ranganatha Aiyer that it is not possible to formulate a code of legal ethics which will provide the lawyer with a specific rule to be followed in all the varied relations of his professional life.

Therefore, my project extensively deal with certain accepted canons of legal ethics which should be followed by lawyers in their ordinary discourse.

Meaning , nature  and  need  of  Professional  Ethics:

Professional ethics may be defined as a code of conduct written or unwritten for regulating the behaviour of a practising lawyer towards himself, his client, his adversary in law and towards the court. Thus, ethics of legal profession means the body of rules and practise which determine the professional conduct of the members of a bar. When a person becomes an advocate his relation with men in general is governed by the general rules of law but his conduct as advocate is governed by the special rules of professional ethics of the Bar. The main object of the ethics of the legal profession is to maintain the dignity of the legal profession and the friendly relation between the Bench and the Bar.

The American Bar Association Committee has well explained the need of the code of legal ethics. It is observed that the legal profession is necessarily the keystone of the arch of Government. If it is weakened by allowing it to be increasing for subject to the corroding and demoralising influence of those who are controlled by craft, greed or gain or other unworthy motive, sooner or later the arch must fall. The future of the country, thus, depends upon the maintenance of the shrine of the justice pure and unrolled by the advocates and it cannot be so maintained, unless the conduct and motives of the members of the legal profession are what they object to be. It, therefore, becomes the plain and simple duty of the lawyers to use their influence in every legitimate way to help and make the Bar what is ought to be. A code of ethics is one method of furtherance of this end. The committee has further observed that members of Bar, like Judges, are officers of the court and like judges they should hold office only during good behaviour and it should be defined and measured by such ethical standards, however high, as necessary to keep the administration of justice, pure and unsullied. Such standard may be crystallized into a written code of professional ethics and lawyer failing to conform thereto, should not be permitted to practise or retaining membership in particular organisation.

Stating the need for the code of conduct of lawyers Justice Sundaram Aiyer has said:-

Rules are necessary even for the best self interest is a misleading factor when you have to decide on the spur of the moment what is to be done in the circumstances. The fact that these are definite rules and that much discretion is given to the individual would itself be an additional source of temptation. Never adopt the standard of business profession. But after all whatever light we may seek to get from rules of conduct which has been prescribed in England or other countries, a great deal will have to be left to individual conscience. Nothing but a determination to err always on the safe side in cases of doubts will enable you to do your duty consciously. In this country it must be confessed that very often petitioners are guilty of questionable conduct owing to ignorance. They do not really know what is proper to be done in any particular case and as there are no rules to guide there, no settled tradition to serve as an aspiration, each one is a law unto himself. He has further observed that it is not desirable that the lawyer guidance should be altogether under the judicial control. It would be impossible for judges to control the bar satisfactorily. To strict a discipline on the part of courts is likely to unfair the independence and self-reliance on the members of the Bar. It is all the more necessary, therefore, that there should be disciplinary bodies and that the profession should itself try and frame rules for its guidance.

Sir Sivaswamy has rightly observed that it is of course true that men are not necessarily made moral by courses of lectures on ethics but it must be remembered that lapses from the traditional standard are often due to ignorance and that the diffusion of knowledge of rules applicable to the professions must contribute to the maintenance of a high standard of integrity. The observation of the canons of legal profession will, no doubt, raise the profession in the publication estimation.

Even prior to the Advocates Act of 1961, the provision for punishment for misconduct is found. Section 10 of the Indian Bar Councils Act, 1926 contained provision for the punishment of misconduct. Besides this, Legal Practitioners Act, 1879also contained provisions for punishment of advocates for misconduct. Like section 13, which says:

“Suspension and dismissal of pleaders and mukhtars guilty of unprofessional conduct”

Section 14 . “Procedure when charge of unprofessional conduct is brought in subordinate court or revenue office”

Section 15.  “Power to call for record in case of acquittal under section 14”

Professional Ethics

Section 49(1)(c) of The Advocates Act of 1961,empowers the Bar council of India to make rules so as to prescribe the standards of professional conduct and etiquette to be observed by the advocates. It has been made clear that such rules shall have effect only when they are approved by the Chief Justice of India. It has also been made clear that any rules made in relation to the standard of professional conduct and etiquette to be observed by the advocates and in force before the commencement of the Advocates (Amendment) Act, 1973, shall continue in force, until altered or repealed or amended in accordance with the provision of the Act.[1]

Rules of conduct

The Bar Council of India has framed standard of conduct and etiquette of the Bar. They are called rules, and have been made is exercise of its rule making power under secs. 49(1)(c) of 1961. These are statutory rules, binding and enforceable. These rules have been printed in full in the Appendix 2 and may be seen, and read there.

The following rules, however, sum up the standard of conduct of the Bar and  are in no way inconsistent with the Rules of conduct referred to above. In so far as they are covered by the Rules of the Bar Council, they are statutory; the rest are traditional, and have their sanction is hoary past.

In no circumstances may a lawyer be a party to a breach of the law. A lawyer may advise a client how to avoid a legal burden or restriction but is not bound to lend his services to an attempt to evade the policy of the law. No lawyer owes a duty to the court to assist it in the administration of justice, and with respect to certain matters this duty overrides his duty to his clients. Accordingly— He must not be a party to the fabrication of false evidence. If he knows that his client has given false oral evidence, he should withdraw from the case if the client refuses to correct it. If the client insists on a false affidavits being filed, he should refuse to continue to act for him. He should take care not to say anything to a client of whose honesty he is not sure, that may show the client how to improve his case by false evidence. He must not present to the court on behalf of his client a dishonest claim or defence; but a defence that does not more than put the plaintiff to proof is proper. Where the laws lays on a litigant a duty to disclose facts, it is the duty of the legal advisor to see that true disclosure is made, and if the client refuses to retire from the case. He must not abuse the process of the court in order to injure the opponent or to benefit himself. When appearing as an advocate, he must disclose to the court any relevant legislation or cases of which he is aware.

4. A solicitor must deal honestly and carefully, and in accordance with instructions, with money or other property held on behalf of his client. He must keep proper books and a separate account for the moneys of his client.

5.  A solicitor must not allow his business to be conducted by unqualified persons.

6. An Advocate is bound, except in special cases, to accept any bribe offered to him, provided it is to appear in court in which he profess to practise and a suitable fee is offered.

7. When the client can pay, a lawyer should not charge less than the fees allowable on taxation. But where the client is poor, there is no objection of charging a low fee or no fee at all.

8. A lawyer must not vary his fees according to the success or failure of the cause. However, in a case of poor client with a bonafide case, a solicitor may proceed on the basis that his costs will be met in the event of success, out of what is recovered. In the case of barristers this relaxation of the rule is not recognised.

9. A lawyer must not solicit business, (except to a strictly limited extent in the case of solicitors) advertise himself either directly or indirectly.

10. A lawyer must devote himself entirely to his client’s interest. He must disclose any personal interest inconsistent with the client’s interest, and he cannot represent two or more clients whose interest conflict.

11. A lawyer must not, except with the clients consent, at any time disclose confidential information or use it otherwise than on behalf of the client.

12. A lawyer must make every legitimate effort to win his client’s case, and must not exercise a private judgment as to the soundness of any reasonable arguments or the propriety of any client or defence allowed by the law.

13. A lawyer should not allow a client to entertain false hopes of success in litigation, and where success is doubtful, should make the position clear to him.

14. In the conduct of a case it is lawyer’s duty to do for his client all that the client may legitimately do for himself. More, particularly, in criminal cases, he may defend a prisoner whom he knows to be guilty provided he does not make a false case or attempt to place the guilt on another person.

15. A lawyer must not express to the Tribunal his personal opinion in the matter arising in the case.

16. A lawyer owes a duty to the opponent not to use unfair methods against him. More especially, he must not deliberately convey to the jury information not admissible in evidence, nor makes needless attacks on the reputation of the opponent or his witnesses, or otherwise harass them unduly.

17. A lawyer may make concessions to the convenience of the opponent and his legal advisors, and he is not bound to take advantage of errors that can be cured, where the only ultimate result is delay or increased costs to the opponent. But he may not overlook, without the clients consent, an error that is fatal to the opponent or even one that will assist his own client’s case.

18. In contentious business a barrister may not accept instructions from any person but a solicitor.

19. As a general rule, witness should not be interviewed in one another’s presence.

20. A barrister fees should be marked on the brief, either by the solicitor or by himself before the commencement of the hearing. It is improper to alter the fees marked on the brief after the case is finished.

21. A solicitor is bound to pay a barrister’s fees whether or not he has received his money from the client.

22. An advocate should not agree to refund part of his fees in case they are not allowed on full on taxation, nor should he give a receipt for fees not actually paid nor accept a post dates cheque.[2]

Advocate and Court: Duty towards Court

1. Advocate is an officer of justice and friend of the Court:

The cardinal principle which determines the privileges and responsibilities of advocate in relation to the court is that he is an officer to justice and friend of the court. This is the primary position. A conduct therefore which is unworthy of him as an officer of justice cannot be justified by stating that he did it as the agent of his client. His status as an officer of justice does not mean he is subordinate to the judge. It only means that he is an integral part of the machinery for the administration of justice.[3]

It is difficult to lay down any hard and fast rule as to what expressions a lawyer can use, with impunity, while addressing a court and what should ordinarily be tolerated by the court. Where an advocate receive an application or petition for correction or for removing objections, it is the duty of the advocate to return it and he has no authority to retain it. It is misconduct on his part if he retains it as held in;

Punjab National Bank v. FM Gold Head Ltd.  AIR 1993 HP 79

It is true that lawyer should always conduct himself properly in court of law, and exert his best at all times to maintain dignity of the court, but court has also a reciprocal duty to perform and should not only be discourteous to the lawyer but should also try to maintain his respect in the eyes of his clients and the general public with whom he has to deal in professional capacity.[4]

By accepting the brief of his client, the advocate does not cease to be an officer of justice. If that were so, the high and honourable office of counsel would be degraded to that of mercenary. It is the function of advocate not merely to speak for the client, whom he represents but also to act officer of justice and friend of the court. As friend or amicus curiae he has a privilege to offer suggestion to the court, with its consent, as aids to justice in a controversy that he does not appear for either side.

A famous case on the point is the trial of Algernon Sidney, for high treason in 1683. By the law of England, as it then stood, a man accused of high Treason could not have the aid of counsel. There was a technical defect in the indictment. A barrister rose, as an amicus curiae, and brought it to the attention of the court. Chief Justice Jeffreys remarked at this, “We thank you for your friendship”. The Court itself sometime appoints an advocate as amicus curiae if there is a question of law to be considered and his court thinks it advisable that someone should help it in arriving at a just decision.

2.  Co-operation between the bench and the Bar is a necessity:

The first duty which advocates and judges owe to each other is of co-operation. Co-operation between the bench and the Bar is not a mere conventional statement. It is a fundamental necessity. Without it, there can be no orderly administration of justice. Says Sir Cecil Walsh in his book called

The Advocate:

“Nothing is more calculated to promote the smooth and satisfactorily administration of justice than complete confidence and sympathy between Bench and the Bar”.[5]

An intelligent knowledge of their respective positions should make both advocates and judges realise that though their functions may be different, their aims are identical. Both are equipments of the same machinery designs for administration of justice. Both are equally necessary in a free country.

3. What the counsel owes to the court:

i. The first duty which the counsel owes to the court is to maintain its honour and dignity—this is the cardinal principle determining the advocate relation in court. One of Hoffman’s Resolutions for Guidance of lawyers was this :

“To all judges when in court I will ever be respectful; they are the Law’s Vicegerents, and whatever may be their character and department, the individual should be lost in the majesty of the office”.

“Should judges, while on the Bench, forget that as an officer of this Court, I have rights and treat me even with disrespect, I shall value myself too highly to deal with them in like manner. A firm and temperate remonstrate is all that I will ever allow myself”.

“To the various officers of the court, I will studiously respectful, and specially regardful of their rights and privileges.”

The advocate owes courtesy and respect to the court for the following reasons:

a)     Because he is the like judge himself, an officer of the court and an integral part of the judicial machine. The legal position consists of the Bar as well as Bench, and both have common aims and ideals.

b)    In theory, it is the King or Sovereign who presides in the court of justice, and judge is merely the mouthpiece and representative of the Sovereign. Respect shown to the court is, therefore, respect shown to the sovereign whose representative the judge is.

c)     Because not only litigants and witnesses but the general public will get their inspiration in this respect from the examples of advocates. It is necessary for the administration of justice that judges should have esteem of the people.

d)    Because it is good manners, and advocates before anything else are “gentleman of the Bar.”

e)     Even from the purely practical standpoint, there is nothing to be gained but there is much too loose by antagonising the Court. Conflict with the judge renders the trial disagreeable to all and generally an injurious effect on the interests of clients.

f)      Because the usual practise in modern times is to appoint judges from among the members of the Bars, and even where this rule is not strictly observed the bench is fairly representative of the Bar.

g)     Because it is necessary for dignified and honourable administration of justice that the court should be regarded with respect by the suitors and people.

(I) The advocate should not display temper in court. He will not indulge in any kind of insinuation in the court against the judge. He should convince the judge by argument and reason and not by appeal to his sentiments. While the case is going on, the advocate cannot leave the court without the court’s permission, and without putting another man in charge. While in court any expression of approbation and disapprobation of an order of the judge, e.g., that it is unjust or that it should be accepted with gratitude is against the etiquette of the profession. An advocate may, for the personal reasons, refuse to practise in a particular court or before any particular judge but if he joins the movement of boycott of courts it is disrespect to the courts. Such a conduct on the part of officer of court is reprehensible.[6] It is his duty to co-operate with the court in the administration of justice. The advocate should not criticize judicial conduct while the case is pending. After, however, the case is decided, a fair comment will be justified. The Advocate should submit to the ruling of the judge whether he considers it right or wrong. He must not lose temper at an unfavourable ruling. In the words of Lord Bacon:

“Into the handling of the cause anew after a judge has declared his sentence.”

It is disrespectful to read newspaper in court, or to engage in private conversation in court, or not to wear proper dress, or to laugh at the argument of the opposite party.

Respect for dignity of the court has behind it not merely moral support but also the sanction of law. The court is empowered to punish conduct which undermines its authority or impairs its dignity. Such conduct amounts to “contempt of Court”.

(ii) The advocate must not do anything which lowers public confidence in the administration of justice:

For instance, he must not make unfounded allegations of corruption and partially against the judicial officers. He must not allege in a transfer application scandalous charges against the judge which cannot be proved. Lord Heward L.C.J. said:

“It is important that justice should be done, it is hardly less important that it should manifestly appear to be done.”

(iii) It is the duty of the bar to support judges in their independence because in the integrity of judges lies the greatest safeguard of a nation’s law and liberties. Judicial independence is the only protection against tyranny and whims of the executive.

(iv) The advocate must not do anything which is calculated to obstruct, divert or corrupt the stream of justice, for instance, he must not advise disobedience to the courts order and decrees.

(v).  Another duty which the advocate owes to the court is that of fidelity, he must be honest in his representation of the case. He must not deceive the court. Sir John E. Singleton says;

“The whole foundation and structure of the administration of justice in this country depends on the confidence of the bench and the bar…it is the duty of the counsel to draw the attention of the court to any case which is contrary to his contention if he knows of that case. And it is scarcely necessary to point out that the duty of the counsel in this regard is in complete accord in the interest of his client and with his own interest.”

(vi). The counsel is under an obligation to present everything to the judge openly and in the court, and nothing privately. He must not attempt to influence private influence upon the judge: seek opportunities for the purpose; or take opportunities of social gatherings to make ex parte statements or to endeavour to impress his views upon him.

(vii). The advocate must not place himself in a position which he cannot effectively discharge his obligations to the Court as minister of justice. He should not have any personal interest in the litigation he is conducting. It will be misconduct on his part to stipulate with his client to share in the results of litigation.

In, Manjeri S.K. Ayyar V. Secy. Urban Bank Ltd, Calicut; 56 mad 1970:AIR 1933 Mad 682

Merely because a legal practitioner is a member of a corporate society is not sufficient to prevent him from accepting instructions from the society of which he is a member. But it is improper for a legal practitioner who is a director to appear for remuneration for the society in its legal business.

(viii) Relations of advocates and judges outside the court:

Advocates and judges are members of same fraternity. They are both officers of state engaged and united in the common ideal of promoting legal justice. Judges are generally selected from lawyer’s rank and, have therefore the same lineage.

(ix) Lawyers are not subordinate officers of the Court:

In, Mahant Hakumat Rai V. Emperor; AIR 1943 lah 14: ILR 1943 Lah 791

To call such a responsible person a subordinate officer of the Court and thus degrade him to the level of the other ministerial officers working in the court is an entirely erroneous conception of the position he acquires.

(x). Advocate’s Duties toward court:

It is difficult to lay down any hard and fast rule as to what expression a lawyer can use with impunity while addressing the court and what should ordinarily be tolerated by it. As remarked in Oswald on Contempt Of Court, Ed. 3 at page 54:

“An over subservient Bar would be one of the greatest misfortunes that could happen to the administration of justice”.

(xi). General Duties of Advocates: Absence of appearance in murder cases

In the matter of F.K. Byrne, Bar at Law, Lahore. AIR 1928 Lah 448

It has been authoritatively laid that where a counsel at having received his fees from his client for arguing a murder appeal, hands over the case to another counsel at the eleventh hour giving only the small portion of his fees, on the ground that he was engaged elsewhere, is guilty of grave impropriety in the discharge of his duties.

Adjournments:

A pleader who asks for adjournments on different occasions to move the High Court for the transfer of a case and takes no steps at all, on these occasions in either himself or by means of his clients to move the High Court and it appears that the adjournments were asked for merely to delay the course of justice with deliberate intention renders himself liable to be punished for grossly improper conduct in the discharge of his professional duty.

Advice from Court:

It is not proper on the part of the counsel to take advice from the court as to the kind or amount of evidence which is required to be adduced in support of his client’s case.[7]

Drunkenness:

It is highly objectionable on the part of advocate to attend the court in such a drunken state as to enable to conduct the case properly and keep the decorum of the court.[8] In the above cited case a pleader for an accused appear in the court of a magistrate in a drunken state and was unable to conduct the case of his client, as he ought to have done.

Attempt to influence judge:

Where a pleader tried to influence judge before whom he was arguing the case, through a relation of the latter, it was held that the pleaders act was highly reprehensible and it was in the interest of the legal profession that serious notice should be taken of such an act.[9]

Conduct in bail matters:

A legal practitioner standing surety to a man arrested under section 420 of the IPC, and convicted under that section and keeping in possession on behalf of the accused properties held later on to have been involved in the offence is not guilty of professional misconduct.[10] But advocate who receives money in furtherance of a contract of indemnity of bail is guilty of grave misconduct and only suitable punishment for retention by him of the money on pretence that it was his fees is the removal of his name from the roll as held in;

Lambaji Motiji V. Kewal Gopaldas, 3 IC 897: 19 CrLJ 412

Bribery:

Corruption cannot be eradicated unless the public refuse to pay bribe. Of all the public, lawyer is a privileged position and he should be the first to oppose payment of bribe. Instead of that if a lawyer collects money from his clients for the purpose of having to pay them as a bribe to get his client’s work done, it is highly unprofessional.[11]

Apart from these some other ethical conduct requires on the part of advocates are:

He should not disobey the order requiring payment to the client. It is the duty of legal practitioner to assist the court. If he appears in the court and makes the demonstration which has the effect of interfering with the work of the court and the administration of justice, then it amounts to misconduct. It is the duty of the pleader to bring to court’s notice death of any party. An attorney is bound to honour his undertaking in his capacity as a solicitor. Lastly, it is the counsel’s right to insist on gettig what is truth in the matter. Advocate and his clients: Duty towards clients

1. Sources of relations between counsel and client:

In India, the counsel’s relations with his client are primarily a matter of contract. The relation is in the nature of agent and principal. The agreement determines to what extent the counsel can bind his clients by his acts and statements; what shall be its remuneration, whether he will have a lien on his client’s property, etc. It is evident, however, that as counsel is also conform to the ethical code prescribed for him by law and usage, he cannot be a mere agent or mouthpiece of his clients to carry out his biddings.

(i). The relationship is personal and fiduciary:

It is a relation of trust and confidence. It is confidential requiring a high degree of fidelity and good faith. In V.C. Rangadurai V. D. Gopalan, AIR 1979 SC 281;

Justice Sen has observed that the relation between the advocate and his client is purely personal involving a highest personal trust and confidence.[12]

a)     It is a relationship of trust and confidence. All transactions between the advocate and his client will be watched by the Court with jealousy and suspicion. Even though the transaction is not illegal, the court will scrutinize it most closely and requires strict proof that no undue advantage has taken by the counsel of the confidence reposed in him by the client. He should avoid business with his client not only in regard to Matters in suit but also in relation to other matters. He should, for instance, neither lend nor borrow.

b)    The advocate must keep clear and accurate account of all moneys received from and on behalf of his clients. Money collected by the counsel on behalf of the client should be promptly paid over to him. it was held in G. Naranswamy V. Challapalli, 4 IC 398: advocates has no lien on clients money.

c)     The counsel should return papers and documents to the client the moment the case has terminated. No paper should be retained without the client’s consent. But it was held in Raja Muthukishna V. Nurse, 44 M 978; the counsel has no doubt a lien on the papers for money due to him. For an advocate to retain the judgment of the Trial Court with the intention of getting himself engage in appeal amounts to professional misconduct.

d)    Counsel also cannot delegate his duties without the client’s consent. The following rules in this connection occurs in the canons of The American Bar Association:

“it is not permissible or in accordance with professional etiquette for a counsel to hand over his brief to another counsel to represent him in court and conduct the cases as if the latter counsel has himself been briefed, unless the client consent to this course being taken.”

e)  The counsel while accepting the retainer should disclose to his client    any matter which might affect the relation or the client’s direction in choosing him as his counsel. He should inform him of any interest in which he may have in a matter concerning which he is employed; any adverse retainer; or anything which may, in any degree interfere with his exclusive devotion to the cause confided to him.

f) After engagement the counsel must not revise agreement regarding his remuneration, or, while the business in which he had been employed is unfinished, except present and gifts from the clients.

g) It is the duty of the advocate not to use information which has been confided to him as advocate to the detriment of the client, and this duty continues even after the relation of advocate and client has ceased.

h) It is the duty of advocate not to appear for two clients whose interest are in conflict.

i) It is the right of the client to discharge any time his advocate whom he no longer trusts or on whose skill and ability he no longer relies.

J) The advocate must not divulge his client’s secrets or confidences as these communications are privileged and protected under section 126 of the Indian Evidence Act.

2.  Advocate’s duty  to his clients:

A special responsibility rests on the members of the Bar to see that the parties do not misled the courts by false and reckless statements on material matters. As was observed in[13]that an advocate stands as a loco parentis towards litigants. A member of a Bar undoubtedly owes a duty to his clients and must place before a court all that can be fairly and reasonably be submitted on behalf of his clients. Advocate is not a mere a mouthpiece of client but he is an officer of the court[14]. It is the duty of the court to help bringing down arrears and to prevent the abuse of the process of the abuse of the court. Their duty to client should persuade them to advise their clients not to go in futile litigation.[15]

It is expected that an advocate for a party would conduct a case with all its sense of responsibility which he is expected to have in discharge of his duty to his client. It is the duty of every advocate who accepts the brief in a criminal case to attend the trial from day to day. He would be committing the breach of his professional duty if he fails to attend.[16]

A client is entitled to be protected from an advocate who is likely to betray them; the profession cannot afford to have a member who fails in keeping to the required standard of conduct. It is the duty of an advocate who has accepted the vakalatnama and filed it in the court to go to court on the day fixed for the hearing of the case even if he has not received his fees unless the client terminates the contract. Moreover, the payment of commission to procure client is unprofessional.

3. What the counsel owes to his client:

(a) The first obligation which the advocate owes to his client is to prepare his brief with care, skill and thoroughness:

In India, not only presents his client’s case in court, but also prepares it. For this purpose he should make a thorough grasp of facts of the case. In order to get acquaintance with facts, he should thoroughly listen to the client’s story. It is the duty of advocate to examine him to get all relevant and material facts. A thorough cross examination of witnesses is necessary, to enable the counsel to get at all real facts and to chalk out his line of defence. If after investigation, the counsel thinks that his client’s case is weak and untenable, he should tell him so. One of the special dangers which threaten the professional ideals in the present life is the tendency to assimilate the practise of law to the conduct of business and commercial standards. Once the advocate has accepted the brief, the etiquette requires that he should be grudge no time or toil, however great, needful to the thorough mystery of his case in its facts and legal rules irrespective of the amount of fees paid to him.

It has been held by the High Courts of India that a pleader is guilty of misconduct if after receipt of full fees he neglects to appear and conduct the case.[17]

(b) Secondly, in giving advice to his client for or against litigation, he should give his candid opinion. On this point Sharswood says in his Legal Ethics:

“It is nothing but selfishness that can operate upon a lawyer when consulted, to conceal from the party his candid opinion of the merits, and the probable results. It is fair that he should know it; for he may not choose to employ a man whose views may operate to check his resorting to all lawful means to effect success. Besides, most men when they consult attorney, wish a candid opinion; it is what they ask and pay for.”[18]

Counsel also owes duty of continuous service to his clients. When the counsel after he has begun the case leaves the court to attend another case, it amounts to professional misconduct.[19]

Advocate’s fee- fixation of fees

In an ancient book called Mirror des justices, written by Andrew Horne, laid down that a lawyer in fixing his fees should take four things into consideration:

a)     The value of the cause

b)    The pains of the serjeant

c)     The worth of pleader on point of skill

d)    The usage of the court.

By the present day usages of the Bar, the following elements usually enter into consideration in fixing the amount of fee:

a)     The qualifications and standing of advocates who is asked to render professional service. It is evident that service rendered by the person of superior education and rich experience is likely to be more valuable and of better quality than the advice given by a person who is less qualified.

b)    The difficulty in the problem involve in the case. The more intricate the case the greater will be the degree of skill and amount of labour required.

c)     The amount of time required to render professional service.

d)    The amount involved in the suit.

e)     The result expected to be accomplished as a consequence of the lawyer’s exertion.

f)      The customary charges of the Bar for such services.

Contingent fee and right of lien:

The fee depending upon the success of the suit or proceeding is regarded as against the public policy. The agreement for Contingent fee is hit by section 23 of the Indian Contract Act. Rule 9 framed by the Bar council of India expressly provide that an advocate should not act or plead in any matter in which he is himself be pecuniary interested. The agreement for the contingent fee is looked upon with disfavour, and later as inconsistent with the high ideals of the Bar.[20]

In the case of R.D. Saxena V. Balram Prasad Sharma; AIR 2000 SC 2912;

The Supreme Court has held that an advocate cannot claim a lien over a litigation file entrusted to him for his fees. The court has held that no professional can be given the right to withhold the returnable records relating to the work done by him with his clients matter on the strength of any claim for unpaid remuneration. The alternative is the professional concerned can resort to other legal remedies for such unpaid remuneration.

The same ruling is given by Apex Court in the matter of,

New India Insurance Company Ltd  V. A.K. Saxena; AIR 2004 SC 311.[21]

Is it permissible for an advocate to sue for his fees?

In India, law allows it. However, according to general practise of the profession, it is dignified that the counsel should sue for his fee. The rule exists to maintain prestige of the profession and the public confidence in the Bar. His fee should therefore, be both fixed and paid beforehand.

Some other important duties which an advocate owes to his clients are:

section 13(a) of The Legal Practitioners Act specifically forbids taking of instruction by a pleader or mukhtar from an unauthorised person. An advocate may receive instruction either from the part on whose behalf he has been retained, someone who is recognised agent of such party, servant, relation, friends authorise by the party to give instruction. An attorney who as trustee of a descendent estate, purchased from himself individually a third mortgage was guilty of misconduct warranting suspension from practise.[22] An advocate when he himself accepts the brief becomes subject to certain obligations towards his client in respect of the suit and the proceedings entrusted to his care and pending in the court and he cannot absent himself from the court on the hearing without first obtaining his client’s consent. If a client comes to them with proper instructions and prepared to pay a fair and proper fee and invites them to undertake a case of a kind which they are accustomed to do, and they refuse, each refusal amounts to misconduct. According to well recognised practise, a counsel should never file an affidavit in a case in which he is appearing in his professional capacity.[23] It is extremely objectionable on the part of legal practitioner to take his client signature on the blank sheet of paper. The giving of certificates by the counsel in support of petitions by condemned prisoners for special leave to appeal in forma pauper is in circumstances not warranting the grant of such certificates shows an utter disregard of the solemn and serious responsibilities of counsel who is called upon to certify and the counsel so certifying is guilty of gross unprofessional misconduct.[24] It is very serious matter for legal practitioner knowingly to make false statement in a pleading drafted by him. Where an advocate commits perjury and displays great moral turpitude in instituting a false case and in having it supported by false evidence, he is guilty of grossly improper conduct in the discharge of his professional duty.[25] It is highly improper on the part of the legal practitioner to issue a false notice knowing it to be false even though he does it under instructions from his clients. A legal practitioner paying or offering to pay money to witness inducing him to speak the truth or to prevent from giving false evidence or pressing his client to pay money to a witness in order to induce him to keep back unfavourable evidence is not allowed. All agreements that obstruct and affect the administration of justice would be treated as invalid under section 23 of the Indian Contract Act. An undertaking on the part of practitioner to bear expenses of litigation on the promise of litigants that a certain portion of the net profits of the litigation will be allowed to the former in case of success is grossly improper under this section. Giving deliberately improper advice to a client may bring a lawyer within the clutches of law. Improper legal advice may amount to professional misconduct but not wrong legal advice.[26] The relationship of advocate and client rest upon a very high standard of mutual confidence and trust and is expected that after a member of the Bar is engaged on behalf of the particular client, he will always keep him fully informed of the progress of the case.[27] It is a professional misconduct on the part of the legal practitioner to identify a person whom he does not know, and a lawyer practising a professional business of identification must be removed from the roll.[28]

Advocate and Witnesses:

General:

1 .Counsel’s obligation in respect of witnesses:

In examining witnesses advocate should not forget that he is not merely the counsel of client but also an officer of the court to further the ends of justice. He must not disregard the feeling of witnesses, or embarrass or bully them. He should not be sarcastic. He should not assume that all witnesses are liars to be treated alike. Advocate should not recognise these limitations and the result is that witnesses in this country have seldom a good word to put in for box.

2. The advocate must not misuse the privilege of cross examination:

This privilege like any other privileges, should only be used for the purpose intended, and should not be abused from sinister motives. A party may impeach the credit of a witness called by him only if he turns hostile and that too with the leave of the court.

a)     Aimless heckling of witness is not honourable.

b)    The advocate has no right to disgrace and bully a witness by putting offensive questions.

c)     The privilege of cross examination should not be misused by an examination which is unnecessarily too long.

d)    There is general complaint that the privilege of cross examination as to credit is frequently abused.

3. He must not tutor his witnesses:

A witness is required by law to testify facts which are within his knowledge and which he considers as true. So jealous is the law about purity of testimony that it does not permit even a leading question to be put to witness. This is not so because the answer cannot be true, but because the answer to a leading question is not regarded as free act of witness, but as regarded as suggestion to the counsel. This does not mean that the counsel should not confer with his witnesses in advance. In fact there is certain amount of the guidance to witness and dealing with them in relation to their testimony which are permissible to advocate by his Code of Professional Ethics.

4. The advocate must not tamper with witnesses:

Bribing a witness for the purpose of influencing his testimony is unprofessional. So long as witness is called to tell the truth and not to bolster up a falsehood and so long as payment is not made to corrupt him, the fact that he is paid or promised more than the statutory fee cannot be described as bribery.

5. Counsel as witness:

A dual capacity of witness and advocate is not approved by professional ethics. If it becomes necessary for the counsel to appear as witness in the case, he should withdraw from the case. Counsel is an advocate to the client but cannot be a witness, for or against the client in the case which he is conducting.

A counsel for a party should not also be his witness in the case without retiring from the case as counsel. It is a sound principle that a person who is appearing as counsel should not give evidence as witness. It is against the etiquette of the Bar that the member of the profession should give evidence in the case in which he is engaged as counsel and no self respecting counsel would be prepared to conduct a case for the defence after having been called as a witness for the prosecution.[29]

6. Abuse of privilege:

A gross abuse of the right of cross examination by legal practitioner is grossly improper conduct in the discharge of his duties.[30]

7. Perjury and false statement:

It is hardly necessary to say that it is not part of the etiquette of the members of the profession to tell lies in court or give perjured evidence on behalf of their client,[31] members of the legal profession are expected to maintain not only a high standard of professional morality and ethics but they are also expected as men of education and culture and as members of an Honourable profession to act in an honest and straight forward and upright manner.

Coutts Trotter, J. Said in his judgment:

“Perjury is an offence the gravity of which I do not seek to minimize, especially when committed by the member of the Bar who knows it full import. At the same time he has many degrees of gravity, and I think there is much to be said in extenuation of the offence committed by Mr .A”

8. Harassing tactics by counsel:

It is important to protect the courts from the harassing tactics on the part of the counsel. Where a counsel resorts to attempting to provoke the magistrate trying the case into same unguarded expression and then applies to transfer, the method adopted is neither in the interest of his client nor in the interest of justice.[32]

9. Citing advocate for accused as witness:

There is nothing necessarily unprofessional in counsel giving evidence in a case in which he appears as such. In Emperor V. Dadu Ram; AIR 1939 Bom150:

It has been observed in that case:

“On the one hand the accused person is entitled to select the advocate whom he desires to appear for him, and certainly the prosecution cannot fetter that choice merely by serving a subpoena on the advocate to appear as a witness. On the other hand, the court is bound to see that the due administration of justice is not in a way embarrassed. Generally, if an advocate is called as a witness by the other side, it can safely be left to the good sense of the advocate to determine whether he can continue to appear as an advocate, or by whether so doing he will embarrass the court or the client. If the court comes to the conclusion that a trial will be embarrassed by the appearance of the advocate who has been called as a witness by other side, and if not withstanding the court’s expression of his opinion, the advocate refuses to withdraw, in my opinion, in such a case court has inherent jurisdiction to require the advocate to withdraw.”

Advocate and his Opponent:

The advocate should maintain towards his opponent utmost cordiality. Clients and not the counsel are litigants. Says Daniel Webster:

“Lawyers on opposite sides of cases are like the two parts of shears, they cut what between them, but not each other.”[33]

The counsel should exercise his right of advocacy in a fair and legitimate manner:

He should always treat his opponent with fairness and due consideration. For instance, in drafting pleadings, he should act with care, prudence and good faith. He should not indulge in abuse and reckless charges of fraud, dishonesty and criminality. In Kedar Nath V. King Emperor[34]; and Thangavelu V. Chengalvaroya[35]:

“The satisfaction required is not that the allegation is true, or even that it is prima facie true, but only that there are grounds for making it.”

Unnecessary interruption of his opponent, by the advocate during his cross examination or address is undesirable:

Just as it is the right of the advocate not to be interrupted by the court ,so it his duty not to interrupt his opponent. Interruption of the opponent is improper for several reasons:

Each party has a right to impress on the court, its point of view as it considers best, and there should be no improper interference with this right. If proper interruption is allowed, it would result in constant wrangling between the advocates and consequent confusion in the court. This will destroy the dignity of the court and the parties will not be able to state their cases. No counsel has the right to prevent a judge from following the course of argument of the opposite side. By improper interruption your opponent may lose the thread of his argument, or it may spoil the effect of his cross examination on a vital point.

Moreover, a lawyer should not in any way communicate upon the subject of controversy with a party represented by counsel; much less should he undertake to negotiate and compromise the matter with him, but should deal only with his counsel. It is incumbent on the lawyer most particularly to avoid anything that may tend to mislead a party not represented by counsel.[36]

Advocates and colleagues: Duty toward colleagues

Rule 36, 37, 38, and 39 framed by the Bar council of India deal with the duties of an advocate to the colleagues. Rule 36 provides that an advocate shall not solicit work of advertise (either directly or indirectly) whether by circulars, advertisements, touts, personal communications interview not unwarranted by personal relations, furnishing or inspiring newspaper, comments or producing his photograph to be published in connection with case in which he has been engaged or concerned. The sign-board or name plate should be of reasonable size. The sign-board or stationary should not indicate that he is the President or member of the Bar council or of any Association.

The advertising is prohibited because it may lead to unhealthy competition among the advocates. Advertisement can be allowed only for proper guidance so that it may not lead to unhealthy competition and may not result in lowering dignity of the legal profession.

Rule 37 provides that an advocate shall not permit his name to be used in aid of or to make possible the unauthorised practise of law by any agency.

Rule 38 makes it clear that an advocate shall not accept a fee less than the fee taxable under the rules when the client is able to pay the same.

According to rule 39 an advocate shall not enter appearance in any case in which there is already a vakalatnama or memo of appearance filed by an advocate engaged for a party except with his consent; in the case such consent is not produced he shall apply to the court stating the reasons why the consent should not be produced and he shall appear only after obtaining the permission of the court. The object of this rule is to secure goodwill among the advocates.[37]It prevents the temptation of seducing client from counsel who have already been engaged. Besides, it is one of the professional obligations, of an advocate to dissuade client from charging his counsel unless he has a strong reason for it and to satisfy himself that the reason is proper and adequate. The ill feeling of client should not affect their cordial relations.

All lawyers are brothers at the bar. An advocate should be courteous to the other advocates.

Miscellaneous Duties:

1)    Rule 40 requires every advocate on the Rolls of the State Bar council to pay a certain sum to the State Bar council. Rule 41 provides that all the sums so collected shall be credited to   separate fund to be known as the “Bar Council of India Advocates Welfare Fund for the State” and shall be deposited in bank.

2)    Rule 42 deals with the consequences of the non payment of the said amount by the advocate. It provides that an advocate fails to pay the aforesaid sum within the prescribed time as provided under rule 40, the Secretary of the State Bar council shall issue to him a notice to show cause within a month why his right to practise be not suspended. In case the advocate pays the amount together with late fee of rupee five month, the proceeding shall be dropped. If the advocate does not pay the amount or fails to show sufficient cause, a committee of three members constituted by State Bar Council in this behalf pay pass an order of suspension.

3)    Rule 43 provides that an advocate who has been convicted of an offence under section 24-A of the Advocates Act, or has been declared insolvent or has taken full time service or part time service etc, shall send a declaration to that effect within 90 days from the date of such disqualification. If he fails to do so, then his right to practise may be suspended.

4)    Rule 44 provides that an appeal shall lie to the Bar Council of India at the instance of an aggrieved advocate within a period of 30 days from the date of order passed under rule 42 and 43.

5)    Rule 45 framed by the Bar Council of India makes it clear that it is improper for an advocate to demand or accept fees or any premium from any person as a consideration for imparting training in law under the rules prescribed by the State Bar Council to enable such person to qualify for enrolment under the Advocates Act, 1961.

6)    Rule 46 provides that every advocate shall in the practise of the profession of law bear in mind that any one genuinely in need of a lawyer is entitled to legal assistance even though he cannot pay it fully or adequately within the limits of an advocate’s economic conditions, free legal assistance to the indigent or oppressed is one of the highest obligations, as an advocate owes to the society.

7)    Rule 47 provides that an advocate shall not personally engage in any in business but he may be a sleeping partner in a firm doing business provided that in the opinion of the appropriate State Bar Council the nature of the business is not inconsistent with the dignity of the profession.

8)    Rule 48 makes it clear that an advocate may be a director or chairman of the Board of Directors with or without any ordinary sitting fee, provided none of his duties are of an executive character.

9)    Rule 49 provides that an advocate shall not be the full time salaried employee of any person, government, firm, corporation etc, so long as he continues to practise.

10)                       Rule 50 provides that an advocate who has been succeeded by survivorship, to a family business may continue it, but not personally participated in the management thereof.

11)                       Rule 51 provides that an advocate may review parliamentary Bills for remuneration, edit legal text book at a salary, do press-vetting for newspapers, coach pupils for legal examination, set and examine question paper etc both legal and non-legal.[38]

Advocate and Profession:

Advocates in their professional capacity address each other as brothers. This spirit of fraternity at Bar is one of the noblest traditions of the legal profession and is many centuries old. Shakespeare said, “Do as adversaries do in law. Strive mightily but eat and drink as friend.”

Lawyers stand for common ideals of order, justice and rule of law in the community and have common rules of etiquette and professional observances. Some basic etiquette which every advocate should follow with regard to its profession are :

Law being a fraternity, the profession is entitled to loyal support of its members in the maintenance of the tradition. The first duty which an advocate owes to his brethren at the Bar is professional courtesy. Secondly, he should not accept retainer in a case in which another counsel is already engaged without the latter consent. Another duty which he owes to fellow members of the Bar is of corporation. A fourth duty is to show equal consideration to all members of the profession. Fifthly, a duty rests on senior members of the Bar to help and encourage their junior brethren. Sixthly, junior lawyers owe respect and goodwill to their senior brethren. Seventhly, advocate should be jealous of honour of their profession and should stand up for its dignity and privileges whenever there is occasion for it. An advocate should not speak disparagingly of his profession. He should expose corrupt and dishonest conduct in the profession. All lawyers owe a debt to their profession from which they drive honour and profit.[39]

Conclusion:

To conclude our whole discussion on the ethics of legal profession or the duties of an advocate, one can fairly summarize that basically the duties which an advocate has to follow is of moral character, what he owes to his clients or opponent or colleagues or towards court is not only determined by the rules framed by the Bar council of India in this behalf but all the more, it also depends on one etiquette manners. In what way and in what manner an advocate has to conduct himself is determined by his loyalty towards his profession. The profession of law is honourable and its members are expected to act in an honest and upright manner. And any deviation from these elementary principles is liable to be dealt with severely. An advocate practising a law is under many fold obligations like certain obligation towards court, client, witnesses, opponent, colleagues and general duties as a member legal profession. When advocate do not follow any of such obligation imposed on him by law, then he can be guilty of professional misconduct. Misconduct can be defined as dereliction of or dereliction from duty. An advocate is answerable for dereliction of duty. In order to avoid misconduct every legal practitioner should understand his duties. When lawyer is guilty of any professional misconduct, then only any action can be taken.  The fundamental aim of legal ethics is to maintain the honour and dignity of the law profession, to secure a spirit of friendly co-operation, to establish honourable and fair dealings of the counsel with his client, opponent and witnesses, to establish the spirit of brotherhood in the Bar itself; and to secure that lawyers discharge their responsibilities to the community generally. Legal profession is necessarily the keystone of the arch of government. Legal profession is not a business but a profession. It has been created by the state for the public good. Consequently, the essence of profession lies in two things:

Organisation of its members for the performance of their function. Maintenance of certain standards, intellectual and ethical, for the dignity of the profession.

Bibliography:

1)    The Advocates Act of 1961

Universal, Bare Acts with short notes

2009; Law Publishing Co. Pvt. Ltd

2)     C L Anand

Professional Ethics of The Bar

The Law Book Co. Pvt. Ltd.

2nd Ed. 1987

3)    D.V. Subbarao

The Advocates Act, 1961

Lexis Nexis, Buttersworth

7th Ed. 2005

4)    Dr. Kailash Rai

Legal Ethics: Accountability for Lawyers and Bench-Bar Relations

Central law publications

8th Ed. 2008

5)    Nirmalendu Dutt- Majumdar

Advocates Act and professional Ethics

Eastern Law House

2nd Ed. 1975

Introduction

To get a competitive edge over the competitor, organizations are looking for competitive advantages. Employees having multi-skills is also a tool to get competitive edge, and job rotation is a process which make employees multi-skillful. Organization use job rotation in efficient way than regular training, through this, employees will get practical experiences and it will develop employees, it also give organization competitive edge (Blashka, 2007). Job rotation is a process to change position of an employee from one job to another job (Edwards, 2005).The process through which an employee can develop some new relevant skills. An employee should not expect in start that he will perform the entire duties and tasks of the new position, but he should expect first to develop the new and necessary skills to carry on the new job (Oregon, 2004). Job rotation is lateral transfer between different jobs in an organization, the rotated employees do not get that position forever and some time they don’t back to former jobs. Rotation can also has a function of staffing (Campion et al., 1994)

Through job rotation we can improve products flexibility, employee’s satisfaction and reduce the risk of musculoskeletal disorders (MSDs) (Dan Macleod March, 2006). Erikson & Ortega (2006) explained job rotation with some theories: employees learning theory says that rotation will make employees more versatile, employer learning theory say by job rotation employer would able to know about employees capability, and according to employee motivation theory  rotation  makes  job more interesting, and it reduce boredom and fatigue. Job rotation is an administrative control which can reduce musculoskeletal injury  and fatigue.(Jonsson, 1988, Anderson 1988, Doelen and Barsky 1990, Hazard et al. 1992)

Some authors have declared job rotation is time wasting and costly phenomena by providing direct training and learning process (Campion & McClelland, 1991, 1993; Feldman, 1981; Louis, 1980; Ostroff & Kozlowski, 1992; Quartly, 1973; Zeira, 1974). But it is proven by some scholars that job rotation has positive relation to some benefits, knowledge and skills outcomes and negatively related to cost perceptions (Campion et al., 1994)

The objective of this study is to develop a meaningful concept of job rotation, through which organizations will able to develop the career of Management trainee officers (MTO’s). Different organizations in Pakistan are offering MTO’s programs such like State Bank of Pakistan,  private commercial banks, and different organization like PSO, SHELL, Pakistan Tobacco company and Serena hotel theses are well known organization which offering MTO’s programs. This study analyze that job rotation is an employee’s learning process through which the career of MTO’s will be developed by proper rotation among different task. Career development can be done through different activities and exercises; one of them is job rotation through which employees can obtain work experience (Campion et al., 1994).

Job rotation is on-the-job training process to cultivate the future of management trainee by moving from one position to another position to increase their understanding and credentials in all different areas (Kraimer et al., 2001).  Job rotation can be also considered as an alternate tool for job designing, that allow employees to know about different jobs skills from different departments, it also eliminate employees fatigue caused due to boring job assignments, these new challenges motivate employees again which also increase employees morale to improve output (Dunning et al., 2005). Eriksson & Ortega (2002) suggested that by taking job rotation as employees learning tool, by well designed manner, it develop employee. According to Champion et al. (1994) job rotation has two effects, first an employee who avail rotation opportunity he/she gets experience more quickly than other who do not avail rotation. Hence job rotation is a good tool for career development. The second effects is that, an employee who avail rotation opportunity acquires experience in more areas as compare to those who do not get this opportunity. Therefore if employees get rotation opportunity more then it is easy to train him to make him a generalist. For example, according to Ouchi (1981), due to more rotation of employees Japanese companies can explain that why their employees are more generalists than specialist, by comparing them with U.S employees.

Literature Review

In past job rotation was taken with different perspectives, from studying past literature we can argue that job rotation is helpful for Management training officers (MTO’s) to develop their career. The previous literature of Job rotation was focusing on different areas; let’s have a look what they say. Macleod (2006)says, through job rotation we can improve products flexibility, employee’s satisfaction and reduce the risk of musculoskeletal disorders (MSDs). Job rotation is a process which decreases employee’s monotony, fatigue and boredom created by mass production and job specialization (Yoder et al. 1958). Job rotation can be used to develop a good schedule for work (Carnahan et al.). It develops the workers’ skills where they can be used in the absence of other workers.

This study is based on empirical evidence and through proper data collection, by applying statistical test, it is proved that the data is reliable and variables have positive relation. This study argue that job rotation provide a learning opportunity through which MTO’s will able to develop their career. Workers are one of the most important assets that any company possesses (Tharmmaphornphilas & Norman, 2007). Therefore research on job rotation has been focused that it is the process of management of employees and to develop their career (Campion et al., 1994; Hall, 1984; Wexley and Latham, 1981).

Seibert SE et al. (2001) declared job rotation as cross-training, through which employees of any type of department can learn variety of  job skills it is also a practical approach to improve and expand the job assignments. It is also on-the-job training system to cultivate the future of management trainee by transferring from one department to another department to increase their understanding and credentials in different areas (Seibert SE et al. 2001). Job rotation can be also considered as an alternate for job designing, (Dunning et al. 2005).

When organization implementing job rotation then they must keep in mind about employees work experience quality rather than quantity. Organization should keep care about employee’s interest, capacity and arrangement of timing, when organization plan for next rotation (Campion et al., 1994).Therefore again and again job rotation may not be productive; factors such like employees learning attitude, background, and task similarity should be taken in consideration for job rotation process.

Job rotation and Employees learning:

The relationship between job rotation and employees learning show, that if there is job rotation then MTO,s will get opportunity of learning. Several models (Campion et al., 1994, Eriksson & Ortega, 2002) link Job Rotation to employees learning. Erikson and Ortega (2006) explained job rotation with some theories, according to employees learning theory  rotation will make employees more versatile, employer learning theory says by job rotation employer would able to know about employees capability. By taking job rotation as an employee’s learning tool in an efficient way, it develop employee (MTO) abilities. According to Campion et al. (1994) job rotation offer  two different  effects, first an employee who get rotation opportunity he gets experience more quickly than other who do not avail rotation. Hence it is a good tool for career development. Secondly if an employee who gets rotation opportunity acquires experience in more areas as compare to those who do not get this opportunity. Employees must rotate when they learn more about their old job, but if new technology is introduced in organization than employee should focus more on their current job (Ortega, 2001). According to employee learning theory, employees that are rotate more gain more experience than others. (Eriksson & Ortega, 2002). Jaime Ortega has clearly explained that there is positive relation between job rotation and employees learning. According to Jaime Ortega Job rotation provide an opportunity to employer to learn about employees abilities, It is a learning phenomena and much profitable than specialization, learning theory claim that employee should be rotated if he has learnt enough about his current job (Jaime Ortega 2001).By applying statistical tools we have found that there is a positive relation between job rotation.

Learning and MTO’s Career Development:

Learning behavior of workers is associated with career development (Dijk, 2004).The concept of career development was first advanced by Axelrad et al. (1951) who proposed that occupational choice is a developmental process that occurs over a number of years. The  objective of career development, is that  development should be for all employees, not only for potentials employees (McLean, 2002). Career development is the total constellation of psychological, economic, physical, educational, sociological, and enhance factors that combine to shape the career of an individual over the life span (Sears, 1982). Management should requires to rotate their employee in predetermined fashion to train and multi-skilled them (Anselmi & Sundarrajan 2000). Job rotation enhances employees’ business Knowledge more than technical skills. (Stites-Doe). Job rotation is a process of on-the job Training for improving the skills and understanding of the management trainee. (Chang, 2009)

This diagram is presented by Evaluation of Learning and Development at UNESCO McGuire & Perrin (2010) to develop employee;

Participation in self-study programs:

Professional reading knowledge base study
Videos base knowledge
E-learning: CD-Rom, online learning

One to one learning:

Cross-training by another colleague
Coaching to train employees
Mentoring to aware employees
Knowledge-sharing to help out each other
To update each other

Group sharing:

Workshops to improve knowledge
Seminars to increase understanding
Video-conferencing to share knowledge
Team projects to enhance capacity
Networking

Action learning:

On-the-job training to learn more
Task-based training
Assignments
Team Projects

To learn new ways of cooperating and planning in organization, this will not make effective in present responsibilities, but will also help them in creating new practices for future  (Boud & Garrick, 1999). Different researcher argue that learning is now important for organization to survive against competitor (Senge, 1990; Argyris, 1993; Schein, 1993; Boydell et al. 199). They argue that learning has more importance because organizations have to response quickly to external environment changes. (Marsick & Watkins, 1999; Chivers et al., 2000). Organization must anticipate the environment and to highlight the changes to survive in market. Some scholars say that due to change in external environment, new technology and product arising in market for those organizations have to acquire new skills and knowledge. Learning is also important for organizational survival and it also a give competitive advantages to organization. (Alan John Coetzer, 2006).

Career development is remained as a shared responsibility of employer and employees Boudreaux (2001); Brown (1997). Some scholars have determined the impact of learning behavior and opportunities to learn during their work, they also find out that career development depends on both things, the working environment which provide learning opportunities to employees and individual characteristics in form of learning attitude (Sluis & Poell, 2003)

Proposed Model and Hypothesis

Hypothesis:

H1: Learning due to job rotation has positive relation to MTO’s Career development.

H2: Learning due to job rotation is not positively related to MTO’s Career development.

The conceptual framework of employee learning through job rotation and career development

Research Method:

Sample:

The data in this study collected from Management Trainee Officers of different banks, Pakistan State Oil (PSO), and Pakistan Telecommunication Ltd (PTCL). The samples in this study are selected randomly. 360 Questionnaires were distributed in which 320 are collected.

Measure:

We have conducted informal interviews with MTO’s of different before the bank development of the questionnaire and take their opinion about the problem. The questionnaire consists of four sections. In the First section, the demographics of the subjects are measured. The Second section consist of question related to job rotation, the question are adopted from previous studies of Yvonne Brunetto & Rod Farr-Wharton, Richard Olorunsola (2000), Knight et al. (2008).  The third section questions are related to Employees learning, the questions are adopted from the studies of Richard Olorunsola (2000), Alan John Coetzer (2006), and Ju Long (2009). The questions in forth section consists of career development and are adopted from Alan John Coetzer (2006), and cipd annual survey on learning and development (2006). All survey items, except for the demographic variables, had a five-point response format ranging from 1, ‘strongly agree’, to 5, ‘strongly disagree’.

Result:

The reliability (Cronbach’s Alpha) is .861. For this purpose of reliability check of variables / items, Cronbach’s Alpha of the data set is analyzed. Table D explain the Reliability Analysis (C-Alpha) about the 3 Variables (Job rotation comprising of 7 items, Employee learning consists of 5 items and Career development comprising of 4 items. All 3 variables show the reliability 0.861 which is acceptable. So, the internal consistency reliability of the measures can be taken accepted. The data is considered suitable for further analysis.

Reliability Statistics

Cronbach’s Alpha

N of Variables

N of Items

.861

3

16

The research model is tested through structural equation model (AMOS).

Structural Equation Model (AMOS)

Figure 1 The result of ISQ model (SEM)

JBROT            Job Rotation

EL                   Employee Learning

CRDV             Career Development

The above Figure 4.18.1 shows the relationship of among the variables and the structural equation model help to measures the impact of Job Rotation on Employee learning and further the impact of Employee learning on the Career Development.

Model Summary

Minimum was achieved

Chi-square = 49.415

Degree of freedom = 1

Probability level = .000

Table 2   Index of fit of the Model

Estimate

S.E

C.R

P

Decision

e1

e2

e3

.190

.258

.124

.015

.020

.010

12.629

12.629

12.629

0.000

0.000

0.000

Accepted

Accepted

Accepted

Table 3   Hypotheses testing based on Regression weights

The index of fit for our model is shown in table 2. Taking degrees of freedom (1) into account, most index values approach the general standard of index fit. It evident from the analysis that over all research model is significant (Chi= 49.415) (P<0.05).

Estimate

S.E

C.R

P

Decision

EMPLRßJBROT

CRDVßEMPLR

.851

.065

13.053

0.000

Accepted

.759

.031

24.203

0.000

Accepted

Table 4   Hypotheses testing based on Regression weights

Results of the above table show the relationship among the variables (Job Rotation, Employee Learning and career development). The results indicate that there exists a positive and significant relationship between the variables. Job rotation has a positive and significant impact (?=0.851, P<0.05) on Employee Learning. Further Employee Learning positively and significantly (?=0.851, P<0.05) influences the Career Development.

Discussion

Due to rapidly change in technology and globalization concept has changed the career development dramatically. (Marieke S. van Dijk, 2004). Organization need to create learning opportunity for career development to encourage learning behavior at all level (McLean, 2002). Different researchers has proved to job rotation provides a learning opportunity and Jaime Ortega, 2006 mentioned that job rotation is learning mechanism. The employees learning theory argue that if employees learn a job thoroughly then they should change the job to learn something new.

Keeping in mind the past research we have add something new, if job rotation provides learning opportunity then obviously Management Trainee Officer will learn new job and by rotation and it will help in developing their career. In this research we have taken sample of 320 MTO’ss by applying statistical tool on data we got positive relationship among the variables.

The above data mention in the tables proved that there is a positive and significant relation among the variables. The hypothesis 1 predict that Learning due to job rotation is positively related to MTO’s Career development, while the hypothesis 2 in the study suggests that Learning due to job rotation is not positively related to MTO’s Career development. These hypotheses are tested on regression analyses that are given in table 4 show positive and significant relations.

Conclusion

Every organization wants multi skilled employees to get a competitive edge over the competitors. Employees can acquire skills and knowledge through training or through job rotation. Some researches suggests that training are costly than job rotation. Job rotation and employee learning have been used to develop the career of Management Trainee Officers. This paper describe how job rotation help MTO’s to learn about different departments and acquire different skills from that rotation and how these skills and knowledge enhance their career.  Number of researches suggests that rotation is related to learning and skill acquisition.

Cognitive consistency theories (Festinger, 1957; Heider, 1946) propose that if the employee is rotated with high rate, the employee will view the rotation positively. Some of the previous researches suggests that employees are rotate with they learn the knowledge and skills. Survey of different organization’s employees suggests that employees that are rotated frequently are more satisfied from their job than those who are not rotated.

Practical Implications

Due to tough competition among organizations, organizations want to avail safe roof to compete competitor. Organization structure and culture is changing very quickly due to globalization and Information Technology. Human resource is considered now as a capital and to develop human resource is very important for organization survival. It is considered now to bring multi-skilled employees to reduce cost and set a competitive environment. Through this research we are bringing new concept about job rotation that it will develop the career of MTO’s. The reliability of data of this research giving message to organizations which are offering MTO’s programs, to rotate their MTO’s to develop their career. Banking sector of Pakistan is grown up very fast and offering MTO’s programs if they rotate them then it will develop their career. Job rotations provide learning opportunity and new position, from each experience they will learn. If banking sector and other service rendering organization rotate their MTO’s, then they will learn different tasks and knowledge. If any employee is absent then other employee who is rotated and trained he/she will handle the job and organization working process will not stop.

This research can be practically applied by all those service rendering organizations which are offering MTO’s programs .some organization are well known for MTO’s programs in Pakistan such like Allied Bank, Bank of Punjab, State Bank of Pakistan, Telecom industry (Pakistan Telecommunication Ltd, Ufone, Telenor etc).These organization can get fruitful result by implementing this research model.

Future Research

In Pakistan to gain practical work experience government has launched National Internship Program (NIP) few years ago. The purpose of this program is to avail practical work experience by all those jobless students who has completed their Master degree. Due to short time unlucky we could not interviewed internee of NIP. I prefer to all research students to conduct research by having idea in mind that job rotation can develop career of internees of NIP. Because internee spend one year in organization related to their field if they get rotation opportunity then it will develop their career.

Due to shortage of time we have covered only service rendering organizations which are offering MTO’s Programs. Further research on job rotation can be conducted in manufacturing Industries which are offering MTO’s Programs.

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A work at home business is one of the best ways to support yourself as well as your family. There are chances that you also want to find a work at home opportunity which will help you generate a source of income. There are some people who know the kind of home business they want to start while there are a number of us who are not very sure what is best for us and how to go about it. There are various kinds of work at home businesses. Just knowing what you want to do may not always be enough, it should also be the right kind of enterprise. This industry is doing very well and offers a good opening for everyone.

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If you’re serious something like not up to standard to start a concern, the primarily fixation you feel like to get something done is take the epoch to understand pardon? Really makes you tick. Where get something done you induce your drive? What gets you in a “zone?”

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First, Figure Out What You Really Want

Starting rotten, you really come up with to force manually to relax. I know pardon? It’s like being very, very forlorn on a job. And I can tell you from first-hand experience with the purpose of walking away from a well-paying job and jumping into your own concern is stressful.

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Set Your Short-Term Goals

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It’s up to you.

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What are Your Long-Term Plans?

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It’s too a monetary emerge.

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Grab a Pad … Ideas determination Come and Go

Because — like all entrepreneurs — you’re a intellectual, you’ve for ever and a day got ideas popping into your head. Probably more than you can deal with (the brain barely has so much scope, correctly?).

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Become a Private Investigator!

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What type of concern can be profitable?

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You look into be supposed to include looking on pardon? Other businesses are burden (successfully and not so successfully) in your city or town.

Look on small businesses and even pardon? The “big guys” are burden.

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Figure prohibited more something like pardon? Makes you tick …

What kind of hobbies get something done you come up with, if whichever?

What kind of magazines get something done you have?

What get something done you like to get something done nearly all in your “free” epoch?

What was the finest job you increasingly held? Even if it’s individual you had at what time you were a child, you could uncover a concern in something you know and love — but don’t even realize it yet!

Business Ideas Are Everywhere

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Check prohibited the resident sections in your paper. Read the Lifestyle and Arts section. (I for ever and a day uncover articles something like resident concern relations who come up with in progress businesses.)

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Think something like concerns we all come up with in the earth now.

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Don’t be anxious to ask!

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How many period come up with you looked intended for something — a creation or service — and had to travel a long distance to induce it?

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You could uncover with the purpose of all of the resident businesses in your area need someone to take heed of resident deliveries. Or someone to help them type or benefit from their laptop more effectively..

Just remember, opening a small concern is a process and it takes epoch. The more planning and look into you get something done up front, the better unintended you’ll come up with to sensation and come up with a little fragment of fun, too.

For communication scientist and media economist Manfred Knoche at the University of Salzburg, Austria, advertising isn’t just simply a ‘necessary evil’ but a ‘necessary elixir of life’ for the media business, the economy and capitalism as a whole. Advertising and mass media economic interests create ideology. Knoche describes advertising for products and brands as ‘the producer’s weapons in the competition for customers’ and trade advertising, e. g. by the automotive industry, as a means to collectively represent their interests against other groups, such as the train companies. In his view editorial articles and programmes in the media, promoting consumption in general, provide a ‘cost free’ service to producers and sponsoring for a ‘much used means of payment’ in advertising.[29] Christopher Lasch argues that advertising leads to an overall increase in consumption in society; “Advertising serves not so much to advertise products as to promote consumption as a way of life.”[30]

[edit] Advertising and constitutional rights

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Advertising is equated with constitutionally guaranteed freedom of opinion and speech.[31] Therefore criticizing advertising or any attempt to restrict or ban advertising is almost always considered to be an attack on fundamental rights (First Amendment in the USA) and meets the combined and concentrated resistance of the business and especially the advertising community. “Currently or in the near future, any number of cases are and will be working their way through the court system that would seek to prohibit any government regulation of … commercial speech (e. g. advertising or food labelling) on the grounds that such

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regulation would violate citizens’ and corporations’ First Amendment rights to free speech or free press.”[32] An example for this debate is advertising for tobacco or alcohol but also advertising by mail or fliers (clogged mail boxes), advertising on the phone, in the internet and advertising for children. Various legal restrictions concerning spamming, advertising on mobile phones, addressing children, tobacco, alcohol have been introduced by the US, the EU and various other countries. Not only the business community resists restrictions of advertising. Advertising as a means of free expression has firmly established itself in western society. McChesney argues,

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that the government deserves constant vigilance when it comes to such regulations, but that it is certainly not “the only antidemocratic force in our society. …corporations and the wealthy enjoy a power every bit as immense as that enjoyed by the lords and royalty of feudal times” and “markets are not value-free or neutral; they not only tend to work to the advantage of those with the most money, but they also by their very nature emphasize profit over all else….Hence, today the debate is over whether advertising or food labelling, or campaign contributions are speech…if the rights to be protected by the First Amendment can only be effectively employed by a fraction of the citizenry, and their exercise of these rights gives them undue political power and undermines the ability of the balance of the citizenry to exercise the same rights and/or constitutional rights, then it is not necessarily legitimately protected by the First Amendment.” In addition, “those with the capacity to engage in free press are in a position to determine who can speak to the great mass of citizens and who cannot”.[33] Critics in turn argue, that advertising invades privacy which is a constitutional right. For, on the one hand, advertising physically invades privacy, on the other, it increasingly uses relevant, information-based communication with private data assembled without the knowledge or consent of consumers or target groups.

For Georg Franck at Vienna University of Technology advertising is part of what he calls “mental capitalism”,[34][35] taking up a term (mental) which has been used by groups concerned with the mental environment, such as Adbusters. Franck blends the “Economy of Attention” with Christopher Lasch’s culture of narcissm into the mental capitalism:[36] In his essay „Advertising at the Edge of the Apocalypse“, Sut Jhally writes: “20. century advertising is the most powerful and sustained system of propaganda in human history and its cumulative cultural effects, unless quickly checked, will be responsible for destroying the world as we know it.[37]

[edit] The price of attention and hidden costs

Advertising has developed into a billion-dollar business on which many depend. In 2006 391 billion US dollars were spent worldwide for advertising. In Germany, for example, the advertising industry contributes 1.5% of the gross national income; the figures for other developed countries are similar.[citation needed] Thus, advertising and growth are directly and causally linked. As far as a growth based economy can be blamed for the harmful human lifestyle (affluent society) advertising has to be considered in this aspect concerning its negative impact, because its main purpose is to raise consumption. “The industry is accused of being one of the engines powering a convoluted economic mass production system which promotes consumption.”[38]

Attention and attentiveness have become a new commodity for which a market developed. “The amount of attention that is absorbed by the media and redistributed in the competition for quotas and reach is not identical with the amount of attention, that is available in society. The total amount circulating in society is made up of the attention exchanged among the people themselves and the attention given to media information. Only the latter is homogenised by quantitative measuring and only the latter takes on the character of an anonymous currency.”[34][35] According to Franck, any surface of presentation that can guarantee a certain degree of attentiveness works as magnet for attention, e. g. media which are actually meant for information and entertainment, culture and the arts, public space etc. It is this attraction which is sold to the advertising business. The German Advertising Association stated that in 2007 30.78 billion Euros were spent on advertising in Germany,[39] 26% in newspapers, 21% on television, 15% by mail and 15% in magazines. In 2002 there were 360.000 people employed in the advertising business. The internet revenues for advertising doubled to almost 1 billion Euros from 2006 to 2007, giving it the highest growth rates.

Spiegel-Online reported that in the USA in 2008 for the first time more money was spent for advertising on internet (105.3 billion US dollars) than on television (98.5 billion US dollars). The largest amount in 2008 was still spent in the print media (147 billion US dollars).[40] For that same year, Welt-Online reported that the US pharmaceutical industry spent almost double the amount on advertising (57.7 billion dollars) than it did on research (31.5 billion dollars). But Marc-André Gagnon und Joel Lexchin of York University, Toronto, estimate that the actual expenses for advertising are higher yet, because not all entries are recorded by the research institutions.[41] Not included are indirect advertising campaigns such as sales, rebates and price reductions. Few consumers are aware of the fact that they are the ones paying for every cent spent for public relations, advertisements, rebates, packaging etc. since they ordinarily get included in the price calculation.

[edit] Influencing and conditioning

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