Code of Ethics and Professional Conduct

This Code of Ethics and Professional Conduct serves as the cornerstone for all attorneys, staff, and professionals at SKS Law Associates ("the Firm"). Reflecting the principles established by the Bar Council of India's Rules of Conduct, this document integrates the highest ethical standards of the Indian legal profession with international best practices. All individuals associated with the Firm are expected to adhere to this Code to ensure excellence, trust, and the protection of client rights.

Core Obligations

Adherence to Law: All employees and attorneys must comply with the relevant laws, regulations, court rulings, and professional guidelines applicable in India and internationally.

Client Best Interests: We are committed to acting in the best interests of our clients, providing clear, informed advice to safeguard their rights and interests.

Public Interest: We recognize our responsibility to uphold the integrity of the legal profession, balancing the interests of clients with the broader interest of society.

Professional Interests: All members of SKS Law Associates are responsible for maintaining the reputation, dignity, and standards of the legal profession as mandated by the Bar Council of India.

Integrity, Competency, and Diligence

Professional Conduct: Attorneys and staff must conduct themselves courteously and ethically, staying informed about the latest legal developments.

Honesty: Misrepresentation, fraudulent behaviour, or deceptive practices in professional activities are strictly prohibited.

Competence: Employees must possess the necessary legal skills, knowledge, and expertise to perform their tasks effectively. This includes staying updated with relevant intellectual property (IP) law developments and other relevant laws pertaining to their respective areas of work.

Diligence: All legal work must be conducted with due care and skill. Any delays, challenges, or obstacles must be communicated to clients promptly and transparently.

Loyalty, Conflicts of Interest, and Confidentiality

Client Interests: The firm prioritizes client interests above all. We avoid situations that could lead to conflicts between personal or other client interests.

Confidentiality: The sanctity of client confidentiality is paramount. Disclosure of client information is only permitted when required by law or with explicit client consent.

Conflict Resolution: If a conflict of interest arises, employees must take immediate steps to resolve it, including obtaining informed consent from clients or, when necessary, recusing themselves from the matter.

Conflicting Interests Among Attorneys

Avoiding Conflicts: Attorneys are prohibited from representing clients with opposing interests in the same matter unless both clients provide informed consent and adequate information barriers are implemented.

Representation in Adversarial Matters: Attorneys should refrain from representing clients in cases where their interests directly oppose another client, particularly in the same legal proceeding.

Client Communication

Before commencing any work on behalf of clients, attorneys must provide clear, written communication regarding:

• Their registration and adherence to this Code of Conduct.
• Their capability and competence to handle the matter.
• Expected procedures, timelines, and costs involved.
• The Firm’s ownership structure (if relevant).
• Membership in any professional or ownership groups that may impact the case.

Responsibility and Accountability

Individual Responsibility: Each employee is responsible for their own actions and for the conduct of those they supervise. Attorneys are accountable for the quality of advice they provide.

Partners Responsibility : As SKS Law Associates operates as a partnership firm in India, the partners collectively bear responsibility for the actions of all employees and associates working on behalf of the firm. Each partner is accountable for ensuring that the firm upholds the ethical standards outlined in this Code and for supervising the conduct of all team members under their supervision.

Funds Management

Client Funds: The Firm must handle client funds with care, ensuring they are used only for authorized purposes. Proper accounting practices must be followed, with all client transactions clearly documented.

Refunds: Any client refunds must be processed promptly and in accordance with the client’s wishes.

Compliance with Additional Considerations

Data Privacy and Security:

Legal Compliance: The firm ensures strict adherence to relevant data protection laws, including India’s Data Protection Act and international privacy regulations where applicable.

Client Confidentiality: All client information and sensitive data are securely handled and stored, with measures in place to prevent unauthorized access or breaches.

Technology Use: Employees must use technology responsibly, ensuring that AI tools and digital platforms are secure, ethical, and free from bias.

Continuous Professional Development

Ongoing Education: All employees are required to engage in continuous legal education to stay updated on legal developments, particularly in intellectual property law, in alignment with the Bar Council of India’s guidelines.

Firm-Sponsored Training: The firm will offer regular training sessions and seminars to foster skill enhancement and ensure all team members are equipped to handle evolving legal and other challenges.

Pro Bono and Social Responsibility

Commitment to Pro Bono: Employees are encouraged to engage in pro bono work, with the firm providing support for legal services to underrepresented individuals and communities, including budding entrepreneurs, creators, innovators and early-stage start-ups.

Tracking and Reporting: The firm will maintain records of pro bono activities and publish periodic reports to demonstrate its contribution to social responsibility initiatives.

Diversity and Inclusion

Equal Opportunity: The firm is committed to creating a diverse and inclusive workplace, promoting equal opportunity in hiring, promotion, and professional development.

Anti-Discrimination: Discrimination on the basis of race, gender, religion, disability, or any other characteristic will not be tolerated, and employees are expected to foster a respectful and inclusive environment.

Whistleblowing and Reporting Misconduct

Confidential Reporting: A whistleblowing mechanism will be in place to allow employees to confidentially report unethical behaviour or legal violations without fear of retaliation.

Protection and Action: The firm will ensure protection for whistleblowers and take appropriate action based on the reported issues, including independent investigations, if necessary.

Environmental Sustainability

Sustainable Practices: The firm encourages environmentally friendly initiatives, such as reducing paper use, conserving energy, and implementing recycling programs within its offices.

Green Legal Practices: The firm will also explore environmentally sustainable practices in its legal work, including advising clients on sustainable legal strategies where appropriate.

Disciplinary Measures

Violations of this Code will be met with appropriate consequences, which may include:

Reprimands: For minor breaches, employees may be formally warned.

Suspension or Termination: Serious or repeated violations may result in suspension or dismissal.

Legal Action: If necessary, the Firm may pursue legal action against individuals who engage in serious unethical behaviour.

Conclusion

SKS Law Associates is dedicated to maintaining the highest ethical standards, professional integrity, and a commitment to serving the interests of our clients, the legal profession, and society. This Code of Ethics provides a framework for ensuring that every member of the Firm adheres to the principles of honesty, responsibility, and excellence in all their endeavors. Regular updates and reviews will ensure that this Code evolves in response to emerging challenges and developments within the legal and intellectual property sectors.