Under what circumstances can an advocate be held guilty of professional misconduct?

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Under what circumstances can an advocate be held guilty of professional misconduct?

In the context of misconduct of an advocate, any conduct that in any way renders an advocate unfit for the exercise of his profession, or is likely to hamper or embarrass the administration of justice may be considered to amount to misconduct, for which disciplinary action may be initiated.

What acts of an advocate accounts to professional misconduct?

Some of the instances of professional misconduct are as follows:

  • Dereliction of duty.
  • Professional negligence.
  • Misappropriation.
  • Changing sides.
  • Contempt of court and improper behaviour before a Magistrate.
  • Furnishing false information.
  • Giving improper advice.
  • Misleading the clients in court.

Who can initiate disciplinary action against an advocate in India?

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The provisions of Section 5 of the Limitation Act, 1963 shall apply to this sub-rule. The Disciplinary Committee shall hear the Attorney General or the Additional Solicitor General of India or the Advocate General, as the case may be or their advocate and parties or their advocates.

Who can dispose of the case of professional misconduct against an advocate?

(1) Where on receipt of a complaint or otherwise the Bar Council of India has reason to believe that any advocate 1[***] whose name is not entered on any State roll has been guilty of professional or other misconduct, it shall refer the case for disposal to its disciplinary committee.

Can an advocate practice in any court in India?

The term ‘advocate’ has been legally defined under the Advocates Act, 1961 as “a person who is enrolled in any roll under the provisions of Act”. This amendment has provided the advocates with the right to practice across the whole of India before any court or tribunals.

Can an advocate file his own case?

The law provides for party to present his case which is called as “Party in Person”. On that principle the lawyer can conduct his own case.

What are examples of professional misconduct?

What is gross professional misconduct?

  • Theft or fraud.
  • Physical violence or bullying.
  • Deliberate and serious damage to property.
  • Serious misuse of an organisation’s property or name.
  • Deliberately accessing internet sites containing pornographic or offensive material.
  • Serious insubordination.
  • Discrimination or harassment.
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Which section of Advocates Act provides punishment for misconduct of advocates?

Section 35
Section 35 in THE ADVOCATES ACT, 1961. (1) Where on receipt of a complaint or otherwise a State Bar Council has reason to believe that any advocate on its roll has been guilty of professional or other misconduct, it shall refer the case for disposal to its disciplinary committee.

Can disciplinary committee suspend the advocate?

The Advocates Act and the BCI Rules do not bestow power on the State Bar Council to suspend an Advocate’s licence to practice when the matter has been referred to a disciplinary committee, the Court said.

What punishment can be given to advocates for misconduct?

a. Dismiss the complaint or, where the proceedings were initiated at the instance of the State Bar Council, direct that the proceedings be filed. c. Suspend the advocate from practice for such periods as it may deem fit.

What is professional misconduct according to the Advocates Act?

Section 35 (1) of the Advocates Act, 1961 provides for referring any complaint to disciplinary committee for disposal. Though the act as well as Bar Council are silent in providing the exact definition of professional misconduct, through punishments are provided on acts of omission and commission by any member of the profession.

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What are the provisions of the Advocacy Act of India?

It also provides for the provisions relating to the admission and enrolment of advocates and advocates right to practice. Chapter V containing sections 35 to 44 deals with the conduct of the advocates. It provides for punishment for advocates for professional and other misconduct and disciplinary powers of the Bar council of India.

Did the advocate misappropriate the sum paid to the client?

Case No. 49/1993 – The advocate did not file, rather, misappropriated the sum paid to him by the client for the purpose of court fees (in violation of Rule 23 of the BCI Rules- Chapter II). U.P Bar Council disciplinary committee held him guilty of professional misconduct. Babu Lal Jain v. Subhash Jain BCI Tr.

What is misconduct in the law profession?

In law profession misconduct means an act done willfully with a wrong intention by the people engaged in the profession. It means any activity or behaviour of an advocate in violation of professional ethics for his selfish ends.