Professional Misconduct of Advocates
Professional Misconduct of Advocates
Professional Misconduct of Advocates is nowhere defined either in the Advocates Act, 1961 or Indian Bar Council because of its wider scope. Under the Advocates Act, 1961, to take disciplinary actions the punishments are prescribed when the credibility and reputation of the profession come under a clout on account of acts of omission and commission by any member of this profession.
Advocacy is a noble profession and the advocate is the privileged and erudite person of the society and his act or behaviour is a model for the society which is necessary to be regulated.
Meaning of Misconduct
Meaning of misconduct can be stated as it is the antonym of conduct. Therefore, conduct means behaviour with good manners and treatment shown towards other people. Therefore, misconduct is nothing but misbehaviour with others.
The blacks dictionary defined the term misconduct as, a transgression of some established and defined rule of action, forbidden act, a dereliction of duty, unlawful behaviour, willful in character, improper or wrong behaviour.
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There are some synonyms of the term misconduct which are misdemeanour inappropriate, mismanagement, and offence and the term misconduct is not similar to the term negligence or carelessness.
Meaning of Professional Misconduct
The term “Professional Misconduct” is nowhere defined under the Advocates Act, 1961. The term “Professional Misconduct” simply means improper conduct of an individual with others. In the legal sense, it means a wrongful act which is done intentionally by the people engaged in the profession.
Therefore, it means any activity or behaviour of an advocate violation of professional ethics for his selfish ends. If there is an act which results in dispute with his profession and makes him unfit of being in the profession it amounts to professional misconduct.
Before the Advocates’ Act 1961, there was the Practitioners’ Act 1879. Under this act, there is no definition provided for the turn of professional misconduct but the term unprofessional conduct is being used in the said act. There are some instances of unprofessional conduct are as follows;
- Professional negligence
- Misappropriation
- Dereliction of duty
- Changing sides
- Giving false information
- Contempt of court and improper behaviour before the Magistrate
- Giving inappropriate advice to the clients
- Misleading clients in the court
- Not speaking the truth
- Disowning allegiance to the court
- Moving an application without informing that a similar application has been rejected by another authority
- Forcing the prosecution witness not to tell the truth
- Suggesting bribing the court officials
Therefore, the effect of professional misconduct in result disqualifies an advocate to continue in the legal profession.
In the case of State of Punjab v/s Ram Singh, 1992, The Hon’ble Supreme Court stated that the term misconduct may include;
- Improper or wrong behaviour,
- Moral turpitude,
- Wilful in character,
- Forbidden act,
- Illegal act,
- Transgression,
- Carelessness or negligence in the performance of duty, or
- The act complained of bearing forbidden quality or character.
Professional Misconduct of Advocates
the professional misconduct of advocates is nowhere stated in the Advocates’ Act 1961. But the conduct of advocates is described under Chapter V of the Advocates Act 1961.
Advocates Act, 1961
The Advocates Act, 1961 is a comprehensive legislation that regulates legal practice in India and illegal education in India. It envisages the establishment of the Indian Bar Council and the State Bar consisting of various disciplinary committees to deal with the misconduct of the advocates. It also provides for the provisions relating to the admission and enrollment of the advocates and their right to practice.
According to section 9 of the Advocates Act, 1961, every Bar Council must have a disciplinary committee which regulates the conduct and etiquette of the advocates. The Bar Council of India and each State Bar Council have disciplinary committees to exercise disciplinary jurisdiction.
Section 35 of Advocates Act
Section 35 of the Advocates Act 1961 deals with the disciplinary powers of the State Bar councils and the punishment of advocates for their misconduct, which read as follows;
If a person is found guilty of professional misconduct, then it shall be referred add a case to the disciplinary committee and fix a date of hearing and issue cause notice to the advocate and the Advocate General of the State.
The disciplinary committee of the State Bar Council, after being heard by both parties may;
- Dismiss the complaint or where the proceedings are initiated at the instance of the State Bar council directs that proceedings be filed,
- Reprimand the Advocate,
- Suspend the advocate from practice for such a period as it deems fit,
- Remove the name of the advocate from the State roll of advocates.
Section 35 (2) stated that “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”
