The document discusses the meaning and instances of professional misconduct for legal practitioners. Misconduct represents improper or unethical conduct that renders someone unfit for their profession. It involves moral turpitude or conduct that could embarrass or tamper with the administration of justice. Some examples of professional misconduct for lawyers include dereliction of duty, professional negligence, misappropriation of funds, changing sides in a case, contempt of court, providing false information, improper advice, misleading clients, not speaking the truth, disowning allegiance to the court, moving applications without disclosure, suggesting bribery, and forcing witnesses not to tell the truth.
The document discusses the meaning and instances of professional misconduct for legal practitioners. Misconduct represents improper or unethical conduct that renders someone unfit for their profession. It involves moral turpitude or conduct that could embarrass or tamper with the administration of justice. Some examples of professional misconduct for lawyers include dereliction of duty, professional negligence, misappropriation of funds, changing sides in a case, contempt of court, providing false information, improper advice, misleading clients, not speaking the truth, disowning allegiance to the court, moving applications without disclosure, suggesting bribery, and forcing witnesses not to tell the truth.
The document discusses the meaning and instances of professional misconduct for legal practitioners. Misconduct represents improper or unethical conduct that renders someone unfit for their profession. It involves moral turpitude or conduct that could embarrass or tamper with the administration of justice. Some examples of professional misconduct for lawyers include dereliction of duty, professional negligence, misappropriation of funds, changing sides in a case, contempt of court, providing false information, improper advice, misleading clients, not speaking the truth, disowning allegiance to the court, moving applications without disclosure, suggesting bribery, and forcing witnesses not to tell the truth.
The document discusses the meaning and instances of professional misconduct for legal practitioners. Misconduct represents improper or unethical conduct that renders someone unfit for their profession. It involves moral turpitude or conduct that could embarrass or tamper with the administration of justice. Some examples of professional misconduct for lawyers include dereliction of duty, professional negligence, misappropriation of funds, changing sides in a case, contempt of court, providing false information, improper advice, misleading clients, not speaking the truth, disowning allegiance to the court, moving applications without disclosure, suggesting bribery, and forcing witnesses not to tell the truth.
Download as DOCX, PDF, TXT or read online from Scribd
Download as docx, pdf, or txt
You are on page 1/ 1
1.
Concept and punishment of Professional Misconduct
PROFESSIONAL MISCONDUCT
1) Meaning of Misconduct -
Misconduct is the antonyms of conduct. Misconduct represents misbehavior.
Misconduct as explained in the Dictionary is 'improper conduct'.
In State of Panjab V. Ram Singh (AIR 1992, SC 2188) the Supreme Court held that the term may involve moral turpitude,
In re Tulsidas Amanmal Karim it has been held that any conduct which in any way renders a person unfit for exercise of his profession or is likely to tamper or embarrass the administration of justice by the High Court or any other court subordinate thereto may be taken as misconduct.
In the matter of an advocate, if the conduct of an advocate is such as to make him
unworthy to remain a member of the honorable legal profession and unfit to perform his responsible duties, he will be guilty of misconduct and may be punished therefore
Instances of Misconduct
Legal Practioners act 1879 has not defined the word Misconduct. The word Unprofessional conduct is used in the act. Even the Advocates Act 1961 has not defined the term misconduct because of the wide scope and application of the term. Hence to understand the instances of misconduct we have to rely on decided cases. Some of the instances of Professional misconduct are as follows, 1) Dereliction of duty 2) Professional negligence 3) Misappropriation 4) Changing sides 5) Contempt of court and improper behaviour before a magistrate 6) Furnishing false information 7) Giving improper advice 8) Misleading the clients in court 9) Non speaking the truth 10) Disowning allegiance to court 11) Moving application without informing that a similar application has been rejected by another authority 12) Suggesting to bribe the court officials 13) Forcing the procecution witness not to tell the truth.
