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Pradyumna N. Shah

CA

 

 

When a person approaches a professional for any advice, it is uppermost in his mind that integrity, independence, confidentiality and knowledge is assured. A professional is able to commend the respect in the society because his motto is “Pride of service in preference to personal gain”. He is described as one who places public good above his personal gain. This is the reason why the government financial institutions, and members of the public rely on professionals for their expert advice. This reliance imposes a public interest responsibility on all professionals whether they render services in the field of accounting, taxation or other fields.

For the success of any professional, it is essential that there is a strong base provided by the regulating body to which he is answerable. The system of education, training and examination should be such that he is able to command the respect and confidence of the members of the society. The users of professional services require an assurance that the member of the profession whose services are retained is (i) a person of character and integrity and (ii) competent and knowledgeable to render professional services.

The character and integrity of a professional will depend on his personal qualities. This will also be guided by the environment in which he has taken his education and training as well as the environment in which he is working. His position can be maintained and strengthened only if the regulating professional body is able to guide and encourage its members to live up to the high ethical and professional standards. The prestige and confidence enjoyed by a professional, to a great, depends on the strictness and scrupulous manner in which the professional code is implemented.

Professional bodies have identified the following fundamental principles by which any professional should be governed in the conduct of his professional relations with others.

(i) Integrity
A professional should be straight forward, honest and sincere in rendering professional services.

(ii) Objectivity
A professional should be fair and should not allow prejudice or bias, conflict of interest or influence of others to override objectivity

(iii) Independence
When in public practice, a professional should both be and appear to be independent. Integrity and independence are the most essential characteristics of any professional. Independence implies that the judgment of a person is not subordinate to the wishes or directions of another person who might have engaged him or to his own self interest.

(iv) Confidentiality
Information acquired in the course of his professional work has to be treated as most confidential. This should not be disclosed to any one without specific authority of the client or unless it is required to be disclosed for compliance with legal or professional requirements.

(v) Technical standards
He must discharge his duties in accordance with the technical and professional standards relevant to the work assigned to him.

(vi) Professional competence
He must maintain high level of competence throughout his professional career. He should undertake only such work which he or his firm is competent to handle and complete within the given time frame.

(vii) Ethical behaviour
A professional should conduct himself in a manner consistent with the good reputation of the profession and refrain from any conduct which might bring discredit to the profession.

A professional who keeps the above seven principles before him and adopts them in his day-to-day practice can achieve great success in his professional practice. One may say it is difficult to adopt all these principles in the present day environment. However, if a professional wants to have peace of mind and get inner satisfaction of having served the society and the profession, he will have no option but to follow the path identified by the above principles.

Professional bodies strive to maintain discipline amongst the members not only in matters relating to their professional conduct but also in relation to their conduct in other fields. It is for this reason that the regulating bodies are given power to take disciplinary action against a member if he is found guilty of “Other misconduct”. There is no precise definition of the term “Other misconduct”. This is a very wide term. The regulating bodies have, however, taken the view that a member of the profession is expected to maintain the highest standards of integrity in his personal conduct and any deviation from this high standard, even in personal affairs, would expose his to a disciplinary action.
A professional may be holding an office in a social or service organization in his personal capacity. He may be a member, treasurer, secretary or chairman of such organization. He may be an arbitrator, executor, liquidator or trustee in any trust etc. in his personal capacity. In all such situations his actions and decisions relating to financial, legal and other matters should be above board and he should not take any personal benefit in such capacity. This is because the society expects that a professional person will render service even in his personal capacity in the same manner as he renders his professional service.The profession of law and accounting are the noblest professions and the society expects that each member of the profession should maintain very high standard of integrity not only in his conduct in the profession should maintain very high standard of integrity not only in his conduct in the professional field but also in his personal conduct. In this context the
eminent counsel, Late Shri Nani, Palkhivala, has once described a “True Professional” as under :
“First a man must have the courage of his convictions. He must not be coward. He must honestly believe certain things and he must say publicity what he believes privately. Secondly, he must have integrity — not only financial integrity, which is much more common than intellectual integrity. He must have intellectual honesty which makes him say what he believes to be right. So, if a Chartered Accountant or a lawyer has intellectual integrity, he will never give an opinion merely to suit the client. I think every professional man must have that ideal before him, when advising clients. Thirdly, humility is just as important as courage and intellectual integrity. The higher a man goes in life the humbler he should be.”

In the context of the present environment one can do no better than emulate this message of a great professional who has set very high standards for the professionals. Let us resolve to follow the ideal set for a “true professional” and raise the ethical standards in the profession.

 
 

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