professional misconduct

Under section 35 of the Advocates Act, 1961, if a State Bar Council has reason to believe an advocate is guilty of professional or other misconduct, it refers the complaint to its disciplinary committee. After hearing, the committee may dismiss the complaint, reprimand the advocate, suspend him, or remove his name from the roll. An appeal lies to the Bar Council of India (section 37) and then to the Supreme Court (section 38).

The Act does not define misconduct; it is judged against the BCI Rules on duties to the court, client, opponent and colleagues. Examples are misappropriating a client's money, advertising or soliciting work, and taking instructions directly from the opposite party. Misconduct outside practice that shows unfitness can also be punished.

Example

Retaining the client's decree amount without accounting for it was held to be professional misconduct warranting suspension.

In Indian law

• ss.35, 36 and 38, Advocates Act, 1961
• V.C. Rangadurai v. D. Gopalan, 1978 INSC 194: advocate's misconduct and the approach to punishment

See also

legal ethics · Bar Council of India · advocate · seven lamps of advocacy

Read more in the study notes

• The rule against bias (Administrative Law)
• Audi alteram partem: the right to a fair hearing (Administrative Law)
• From the IPC to the BNS: background, extent and key reforms (Bharatiya Nyaya Sanhita)
• Punishments under the BNS, including community service (Bharatiya Nyaya Sanhita)
• Interest and costs (sections 34, 35, 35A and 35B) (Civil Procedure Code and Limitation Act)
• Interim orders: commissions, arrest and attachment before judgment, temporary injunctions and receivers (Civil Procedure Code and Limitation Act)