JAMIA MILLIA ISLAMIA

FACULTY OF LAW

TEST FOR DETERMINING THE MISCONDUCT

CLINICAL COURSE III- ASSIGNMENT

Submitted by

Shayan Zafar

20182859

Roll No.:58

th
[Link] (Hons.) (IX Semester) (Regular)

Batch: 2018-2023

Submitted to

Prof. Dr. Mohd. Asad Malik Sir

Associate Professor
 INDEX

[Link] CONTENTS

01. ACKNOWLEDGMENT

02. INTRODUCTION

03. PROFESSIONAL MISCONDUCT

04. TEST FOR DETERMINING THE MISCONDUCT

05. ADVOCATES ACT OF 1961

06. CODE OF CONDUCT FOR ADVOCATES

07. DUTIES OF AN ADVOCATE

08. LANDMARK JUDGMENTS

09. CONCLUSION

10. BIBLIOGRAPHY
 ACKNOWLEDGEMENT

The success and final outcome of this assignment required a lot of guidance and assistance from
many people and I am extremely fortunate to have got this along the completion of my
assignment work. Whatever I have done is only due to such guidance and assistance and I could
not forget to thank them. I respect and thank Prof. Dr. Mohd Asad Malik Sir, my Clinical
Course-III teacher for giving me an opportunity to do this assignment and providing me all
support and guidance which made me complete this assignment on time. I am extremely grateful
to him for providing such a nice support and guidance in this pandemic situation. Thank you Sir
for your support without your help and guidance it was impossible to bring up this assignment.

----SHAYAN ZAFAR
 INTRODUCTION

“Professional Ethics cannot be contained in a Bar Council rule nor in traditional cant in the
books but in new canons of conscience which will command the members of the calling of
justice to obey rules or morality and utility1.”

- Justice Krishna Iyer

Advocacy is an honourable and righteous profession. An advocate may be regarded amongst the
most privileged, accountable and scholarly members of the society. Occupying such a high stature
in the society, an advocate may be regarded as a role model for the members of the society, thus,
the acts of an advocate must always be regulated. Professional ethics include the corporate and
personal levels of behaviour which are expected of a professional. Thus, every profession
requires the practising professionals to comply with certain principles or ethics that are a part of
that profession.

Profession is a vocation requiring some significant body of knowledge that is applied with high
degree of consistency in the service of some relevant segment of society, by Hodge and Johnson.
Occupation especially one requiring advanced education and special training by A. S. Hornby. It
is different from other types of jobs, in the sense that it requires skills and these skills will be
improved with experience.

The attributes of a profession as laid down by Dalton E. Mc Farland are;

 The existence of a body of specialized knowledge or techniques

 Formalized method of acquiring training and experience
 The establishment of representative organization with professionalism as its goal.
 The formation of ethical codes for the guidance of conduct.
 The charging of fees based on services but with due regards for the priority of service
over the desire for monetary rewards.

1
Bar Council Of Maharashtra vs M. V. Dabholkar, available at [Link]
A person who carries/undertakes the profession is called a professional. Depending on the
profession a person undertakes or he/she is identified with a special name relevant to the
profession.

Misconduct, according to Oxford dictionary means a wrongful, improper, or unlawful conduct

motivated by premeditated act. It is a behavior not conforming to prevailing standards or laws, or
dishonest or bad management, especially by persons entrusted or engaged to act on another's
behalf. The expression professional misconduct means improper conduct. In simple terms the
term Professional Misconduct refers to improper conduct. It may be done by an advocate in order
to fulfill his selfish desires or make ends meet. Any act which leads to a dispute with the
profession or makes the advocate unfit for the profession, amounts to Professional Misconduct.
In simple words, any act barring an advocate to continue as a professional.
 PROFESSIONAL MISCONDUCT

Legal profession is not a business or a trade rather it is a noble, courteous, and decontaminated
profession. Thus, acts like corruption and deception must not be encouraged in such a profession,
instead the members of the profession must put in their best efforts to obtain justice for their
clients. The conduct of the members of the profession plays a vital role in determining the
trustworthiness and stature of the profession.

Professional Misconduct includes the following situations-

 Betraying the trust of a client

 Practicising fraud through certain means
 Deceiving the court
 Deceiving the opposing party or their counsel
 Disowning allegiance to the court
 Moving application without informing that a similar application has been rejected by
another authority
 Suggesting to bribe the court officials
 Forcing the prosecution witness not to say the truth.
 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
 Not speaking the truth

To understand the scope and implication of the term ‘misconduct’, the context of the role and
responsibility of an advocate should be kept in mind. Misconduct is a sufficiently wide
expression, and need not necessarily imply the involvement of moral turpitude. ‘Misconduct’ per
se has been defined in the Black’s Law Dictionary to be “any transgression of some established
and definite rule of action, a forbidden act, unlawful or improper behavior, willful in character, a
dereliction of duty.” In a different context, the Supreme Court has opined that the word
“misconduct” has no precise meaning, and its scope and ambit has to be construed with reference
to the subject matter and context wherein the term occurs. 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 2.

Darling J, defined the expression professional misconduct in, In re A Solicitor ex parte the law
society as, It is shown that the advocate in the pursuit of his profession has done something with
regard to it which would be reasonably regarded as disgraceful or dishonorable by his
professional brethren of good repute and competency, then it is open to say that he is guilty of
professional misconduct3.

Misconduct is sufficiently comprehensive to include misfeasance as well as malfeasance and is

applied to the professional people, it include unprofessional acts even though they are not
inherently wrongful. The professional misconduct may consist the fact in any conduct, which
tends to bring reproach on the legal profession or to alienate the favorable opinion which the
public should entertain concerning it.

In State of Punjab v. Ram Singh4, the supreme Court held that the term misconduct may involve
moral turpitude, it must be improper or wrong behavior, unlawful behavior, willful in character,
a forbidden act, a transgression of established and definite rule of action or code of conduct, but
not mere error of judgment, carelessness or negligence in performance of duty.

2
Professional Misconduct along with case laws, available at: [Link]
university/master-of-law-llm/professional-misconduct-along-with-case-laws-under-advocates-act-1961/25376854,
(last visited on October 24, 2022).
3
Misconduct under the Advocates Act, available at [Link] misconduct- advocates-act-
1961/amp/ (last visited on October 24, 2022).

4
AIR 1992 SC, 2188
The Supreme Court has, in some of its decisions, elucidated on the concept of ‘misconduct’, and
its application. In Sambhu Ram Yadav v. Hanuman Das Khatry5, a complaint was filed by the
appellant against an advocate to the Bar Council of Rajasthan, that while appearing in a suit as a
counsel, he wrote a letter stating that the concerned judge, before whom the suit is pending
accepts bribes, and asked for Rs. 10,000 to bribe and influence the judge to obtain a favorable
order. The Disciplinary Committee, holding that the advocate was guilty if “misconduct”, stated
that such an act made the advocate “totally unfit to be a lawyer.” The Supreme Court, upholding
the finding of the Rajasthan Bar Council held that the legal profession is not a trade or business.
Members belonging to the profession have a particular duty to uphold the integrity of the
profession and to discourage corruption in order to ensure that justice is secured in a legal
manner. The act of the advocate was misconduct of the highest degree as it not only obstructed
the administration of justice, but eroded the reputation of the profession in the opinion of the
public.

In another case, Noratanman Courasia v. M. R. Murali 6 , the Supreme Court explored the
amplitude and extent of the words “professional misconduct” in Section 35 of the Advocates
Act. The facts of the case involved an advocate (appearing as a litigant in the capacity of the
respondent, and not an advocate in a rent control proceeding) assaulted and kicked the
complainant and asked him to refrain from proceeding with the case. The main issue in this case
was whether the act of the advocate amounted to misconduct, the action against which could be
initiated in the Bar Council, even though he was not acting in the capacity of an advocate. It was
upheld by the Supreme Court that a lawyer is obliged to observe the norms of behavior expected
of him, which make him worthy of the confidence of the community in him as an officer of the
Court. Therefore, inspite of the fact that he was not acting in his capacity as an advocate, his
behavior was unfit for an advocate, and the Bar Council was justified in proceeding with the
disciplinary proceedings against him.

It may be noted that in arriving at the decision in the case, the Supreme Court carried out an
over-view of the jurisprudence of the courts in the area of misconduct of advocates. It reiterated

5
2001 6 SCC, 1165.
6
2004 AIR 2440.
that the term “misconduct” is incapable of a precise definition. Broadly speaking, it envisages
any instance of breach of discipline. It means improper behavior, intentional wrongdoing or
deliberate violation of a rule of standard of behavior. The term may also include wrongful
intention, which is not a mere error of judgment. Therefore, “misconduct”, though incapable of a
precise definition, acquires its connotation from the context, the delinquency in its performance
and its effect on the discipline and the nature of duty.

In N.G. Dastane v. Shrikant S. Shind7, where the advocate of one of the parties was asking for
continuous adjournments to the immense inconvenience of the opposite party, it was held by the
Supreme Court that seeking adjournments for postponing the examination of witnesses who were
present without making other arrangements for examining such witnesses is a dereliction of the
duty that an advocate owed to the Court, amounting to misconduct.

Chapter V of the Advocates Act of 1961 deals with the conduct of the Advocates. The chapter
further describes the provision for punishment for any type of misconduct by the advocates.
According to Section 35 (1) of the Act, when the State Bar Council has a basis to believe that an
advocate engaged in any act that makes him guilty of any sort of misconduct, they shall forward
the matter to the disciplinary committee for disposal.

Though no exact definition is provided by the Bar Council or the Act for professional
misconduct, thorough punishments have been prescribed for the commission or omission of such
an act by any person registered as an advocate. The following points can be used to explain the
instances of Misconduct by an Advocate-

1) Non-performance of Duty
This situation is also known as the Dereliction of one’s duty. It may be explained as that situation
wherein an advocate either hands over the brief of the case to some other advocate or he abandons
the client and fails to discharge the required duty. Such a transfer is regarded as unprofessional.
However, it is not a misconduct if the advocate does so after seeking the client’s consent.

 V.C Ranga Durai v. D. Gopalan8

7
AIR 2001 SC 2028.
8
AIR 1979 SC 281.
It was clarified by the Apex Court that it is an obligation on the lawyer entrusted with a case and
its brief to follow the principles of professional ethics and consequently protect the client’s
interests. The failure to do so would be a Professional Misconduct.

2) Negligence on behalf of the Professional

It is expected of an advocate to exercise necessary skills and knowledge while going forward
with the case. Moreover, it is expected of him to not be careless or negligent. However,
professional misconduct would be constituted in case there is negligence on the part of the
advocate accompanied by the fabrication of facts or the nondisclosure of truth.

 Mohd. Ismail v. Balarathna9

In this case, the Supreme Court noted that it would lead to misconduct in case a lawyer fails to
furnish the necessary documents required to proceed with the case despite of recurrent
adjournments.

3) Misappropriation
Misappropriation can be defined as that scenario wherein money is acquired by an advocate from
his client for purposes relating to the case, however, the advocate misuses the acquired funds for
purposes other than those related to the case. Misappropriation is a type of misconduct.

 D. Dalal v. SBI10
Here, an advocate was accused of misappropriating the amount acquired by him from the client.
The amount was collected for the purpose of filing of a suit and the rest was the professional
fees. The advocate blaming the High Court claimed that the High Court registry had lost the suit
papers. However, it was found that the registry had returned the suit papers to the lawyer for the
removal of objections and it was the advocate who had not refiled the suit for a prolonged period.
A disciplinary committee was set up against the advocate. The committee found the advocate
guilty of embezzlement of funds paid by the client and thus, punished the advocate for
misconduct.

4) Contempt of Court and Inappropriate behaviour before the Magistrate

9
AIR 1965 Mys. 28.
10
AIR 1993 SC 1608.
Contempt of Court may be described as an offence wherein an advocate is disrespectful or
disobedient towards either the court of law or any of its officers by ways of behaviour that
disobeys or is against the justice, authority and dignity of the court. It is an advocate’s duty to
respect and maintain the dignity of the court. False allegations made against any officer of the
judiciary amounts to misconduct. There are two types of contempt: improper behaviour towards
the judicial members in the courtroom or will fully disobeying the courts order 11.

In 2010, M.V. Jayarajan, leader of the Communist party of India, was sentenced to six months in
prison for contempt of court after he passed comments criticising the Kerala High Court decision
to ban meetings of people in public places. His sentence was however reduced to four months
after an appeal to the Apex Court.

5) Furnishing False Information

The intentional furnishing of false information by an advocate to a public servant amounts to
misconduct. The information may either be regarding an offence which has already been
committed or it may be about the commission of an offence and preventing the commission of
such an offence. If the advocate knows or has a reason to believe that the information being
furnished is false, then he shall be charged for such professional misconduct.

 Emperor v. K.C.B A Pleader12

In this case, the Municipal authorities seized certain boxes of ‘ghee’ as they were informed that the
‘ghee’ was being adulterated. The authority ordered the boxes to be kept under the custody or
supervision of Mr. Bazrang Marwari. Mr. Bazrang Marwari was falsely informed by the
advocate that the Municipal authorities had ordered that the boxes were to be restored with the
rightful owner. The information put through by the advocate was false, thus, he was guilty and
action for misconduct was taken against him.

6) Changing sides
An advocate is not allowed to switch parties during the course of the case. All advocates are
under the obligation to do their best towards the case in order to safeguard the client’s interests. He
is not allowed to represent the interests of conflicting parties. In simple terms, an advocate cannot
11
Rules on Professional Standards, available at: [Link]
standards/rules-on-professional-standards/ (last visited on October 24, 2022).
12
AIR 1935 Cal. 547
represent both parties to the case. The changing of sides or the safeguarding of interests of both
the parties to the case amounts to gross misconduct by the advocate responsible.

 State v. Lalit Mohan Nanda13

This case arose as a result of an enquiry made against Mr. Nanda as he had appeared against a
client who had engaged him for the same case. The issue arose between stepbrothers and was
related to a family dispute over the possession of a certain piece of land. Mr. Nanda appeared for
one of the brothers acquiring confidential instructions and knowledge about his side of the case.
Later, he was engaged by the other brother for the same case and successfully derived the decree
in his favour. Thus, as he had appeared for both the parties to the case, action was taken for
professional misconduct against him.

7) Giving inappropriate advice

Advocacy is a righteous, noble, and honourable profession thus, it is the duty of an advocate to
provide his clients with the best of his knowledge, judgement and talent. An advocate must
always give proper advice to a client consulting him. In case the advocate is not able to take up the
client’s case, he must advise him to consult some other counsel rather than giving improper advice
that may harm the client in any way. The imparting of improper or inappropriate advice by the
advocate amounts to misconduct. These are certain acts which amount to professional
misconduct. However, there are several other ways that can lead to an advocate being charged
with professional misconduct. Other forms of professional misconduct include:

 Stating made up facts or lies to the client

 Misleading the courts with a view to deceive
 Abandoning allegiance to the courts
 Moving an application even after a similar application has been declined by some other
authority
 Suggesting or trying to bribe the officers of the court
 Pressurising the witnesses to not state the truth or state fabricated facts
 Coercing colleagues

13
Leading Cases and Quiz on Professional Misconduct, availaibe at: [Link]
misconduct/ (last visited on October 24,2022).
  Forgery or fraud14.

14
Misconduct under the Advocates Act, available at [Link] advocates-
act-1961/amp/ (Visited on October 24, 2022).
 TEST FOR DETERMINING MISCONDUCT
There are two tests for determining the misconduct of an advocate. They are as follows:

 Unworthy to remain in honorable profession

 Unworthy behavior

Unworthy to remain in honorable profession:

It is expected from an advocate if he is taking any case to be responsible, diligent and efficient
while performing his case. But if the lawyer misappropriates with the case or mishandles it, or
give it to some other advocate or lawyer or is negligent or unprofessional on his part or fabricates
or tampers with the evidence or misbehaves or disobeys the court of law or any of its officers
then he is considered to be unworthy to remain in this honorable profession. So to avoid this
unprofessional behavior from legal profession an advocate is supposed to follow the ethics or
code of conduct of legal profession.

Unworthy Behavior:

In the legal field an advocate is expected to be responsible, capable and at the same time to be
calm and composed, who handles every situation calmly and efficiently. So that it doesn’t add
more issue to his client case. So an advocate cannot be disrespectful or disobedient towards
either the court of law or any of its officers by ways of behavior that disobeys or is against the
justice, authority and dignity of the court. It is an advocate’s duty to respect and maintain the
dignity of the court. False allegations made against any officer of the judiciary amounts to
misconduct.

Decided Case Laws:

 UP Sales Tax Service Association v. Taxation Bar Association, Agra 15

In this case the advocate was attending the court with licensed fire arm for the purpose of his self
defence. It was held that such a conduct was inconsistent with the dignity of legal profession and
amounts to professional misconduct.

15
AIR 1996, SC 98.
  Sarbul Singh v. Pritam Singh
In this case the advocate suppressed the material evidence and was suspended by the court of law
for three but he was still continued to practice during the period of suspension by another name.

The Delhi HC held him guilty, and stated that it should be considered as professional
misconduct.

 Babu Lal Jain v. Subhash Jain

The complainant was an advocate. He alleged that the respondent advocate was a practising
lawyer as well as was working as an editor, printer, and publisher of a weekly called “Aaj Ki
Janata”. Held that Rule 47 of BCI rules prohibits an advocate to be engaged personally in any
business. The respondent advocate was found to have been actively engaged in carrying on the
business and his conduct was taken by the disciplinary committee as profession misconduct.

 Suo Motto Enquiry v. Nand Lal Balwani

The respondent advocate hurled the shoes and shouted slogans in the Supreme Court of India.
Both contempt and proceedings for professional misconduct were initiated against [Link] was
held that he Supreme Court found him guilty for contempt of court and awarded him a simple
imprisonment for four months and fine of 2000 Rupees.

Further the DC of BCI also found him guilty of professional misconduct and ordered his name to
be removed from the roll of Bar Council of Maharashtra and Goa.
 ADVOCATES ACT OF 1961
The provisions of Section 35 of the Advocates Act deals with professional misconduct of
lawyers and advocates in India, which read as:

A person is found guilty of professional misconduct; it shall refer the case to a disciplinary
committee, shall fix a date of hearing and issue a show cause notice to the Advocate and the
Advocate General of the State. The disciplinary committee of the State Bar Council, after being
heard of both the parties, may:

i. Dismiss the complaint, or where the proceedings were initiated at the instance of the
State Bar Council, directs that proceedings be filed;
ii. Reprimand the advocate;
iii. Suspend the advocate from practice for such a period as it deems fit;
iv. Remove the name of an advocate from the state roll of advocates.
Misconduct is of infinite variety; this expression must be understood in a broad meaning, such
that it extends the meaning under natural law, and there is no justification for restricting their
natural meaning. Section 49 of the Advocate Act empowers the Bar Council of India to frame
rules and standards of professional misconduct. Under the Act, no person has a right to make
advertisement or soliciting; it is against advocate’s code of ethics. He is also not entitled to any
advertisement through circulars, personal communications or interviews, he is not entitled to
demand fees for training and to use name/service for unauthorized purposes 16.

16
Devika Verma, “Professional Misconduct”,SCC Blog
 CODE OF CONDUCT FOR ADVOCATES

Misconducts are of limitless varieties. Thus, it is necessary that the expression ‘Misconduct’
must be acknowledged in a broad manner, so much so that the meaning of the term comes under
the purview of natural law, leaving no scope of justification for regulating their natural meaning
of the expression. The Advocates Act through Section 49, provides the Bar Council of India the
power to form and shape standards and rules regarding professional misconduct.

1) According to the Act, no advocate has the right to advertise or solicit his practice as it
violates the code of ethics of the Advocates. Both, indirect and direct means of
advertising are prohibited. Further, he is not allowed to advertise though personal
communications, interviews, or circulars.
The following ways of indirect advertisement by the advocate are prohibited:

 The issuing of election manifestos or circulars with the advocates name, address and
profession mentioned on such manifestos, which in a way is appealing to the members of
the same profession practising in the subordinate courts to endorse clients to the counsel.
 Campaigning for votes through tours within the province.
 Sending out his agents or clerks to various districts within the state to directly approach
advocates practicing in the lower courts.
 The nameplate or signboard exhibited by an advocate should not be of an unreasonable
size. Further, it should not mention the details affiliated with the advocate, for example,
that he is or was a member or the president of the Bar Council or of any other such
association, or if he ever was an Advocate General or a Judge, or even his own
specialisation.
2) He is also not permitted to demand money for training purposes consequently enabling an
aspiring lawyer to meet the requirements for enrolment into the State Bar Council.
3) He is not allowed to associate his services or name with any unofficial practices or
purposes related to law or any agency of law.
4) He is forbidden from entering appearance in any case wherein an advocate has already
been engaged by a party. He can do so after seeking the consent of the advocate engaged.
However, if the consent of the advocate is not produced in court, the advocate has to state
 an appropriate reason for not being able to produce the same. He may appear afterwards,
only with the consent of the court17.

17
Professional Misconduct of Advocates in India, available at: [Link]
misconduct-of-advocates-in-india/ (last visited on October 23, 2022).
 DUTIES OF AN ADVOCATE
There are various cannons of etiquette and conduct that have been adopted in order to conduct the
working of members engaged in the profession. Thus, there are certain duties that have been
imposed over the advocates in order for smooth and righteous working within the profession. The
following are certain duties that are expected of a legal practitioner:

i. Duty towards opposite party

- While directing the case, the advocate has an obligation to be fair and respectful to the
court and the opposite party and not only to his own client.
- He must negotiate and communicate with the other parties, the subject matter and other
details relating to the controversy, but only through the advocate of the other party.
- If the advocate made any promises to the opposite party, he should righteously fulfill the
same, even in the event of the promise not being reduced to writing.
- He must by no means try to harm the opposite party or his Advocate, within or outside the
premises of the Court.

ii. Duty towards his client

- The relationship between the client and the Advocate is highly fiduciary. The lawyer
must fairly with consideration, estimate the value of the legal services and advices
involved, not charging above what is estimated.
- Further, it is the duty of the Advocate to courageously support the interests of the client
through honourable and fair means.
- He should not withdraw from a case which has already been accepted by him. If he is to
so, he must provide a proper and reasonable cause to the client. After withdrawing, he
must return the fee which he earned through the case.
- An Advocate shall in no case take advantage of the confidence and trust reposed in him by
the client18.

iii. Duties towards the Court

18
Duties of an Advocate, available at [Link] advocate-
[Link] (last visited on October 23, 2022).
 - The most important duty of an Advocate towards the court is to be honest and
respectful. He must not be disrespectful as it would amount to professional misconduct.
- He must prepare the case thoroughly before presenting the case. While presenting the
case, he must conduct the proceedings with utmost dignity and self-respect.
- He must not try to influence the court’s decisions by any improper or illegal means. He
should also not try to communicate with a Judge relating to a case which is still pending.
- The appearance of the Advocate must always be presentable, and he shall always appear in
the prescribed dress.

iv. Duty to Render Legal Aid

- Every legal practitioner shall always keep in mind that any person who is in dire need of
a lawyer is entitled to seek legal assistant despite the fact that he cannot pay an adequate
or the full amount to the lawyer.
- Free assistance to the oppressed and indigent sections of the society is amongst the most
important obligations owed by an Advocate to the society19.

v. Restrictions on Employments
- An advocate is not allowed to engage personally in any other business; however, he can be
a sleeping partner in any firm involved in business. However, the nature of the business,
according to the Bar Council, must not conflict with the dignity of the profession.
- As long as he is practicing law, he is not allowed to be a salaried employee of any
government, person, corporation or firm.
- An Advocate may continue a family business inherited by him, but he must not actively
participate in the administration of that business. Similarly, he is allowed to hold a share in
a business inherited by him, but he must not personally and actively participate in the
administration.
- An Advocate may be a Chairman or a Director of a company provided that his duties are
not executive in nature. He shall not be a Secretary or a Managing Director of a company.

19
Duties of an Advocate, available at [Link] advocate-
[Link] (last visited on October 24, 2022).
 LANDMARK JUDGMENTS

 Noratanmal Chaurasia v. M. Murli20

Here, the Apex Court stated that the Advocates Act does not define the term ‘Misconduct’, but
misconduct pictures and includes the breach of discipline. The Advocate in this case kicked the
complainant, assaulting him, and then asked the complainant to abstain from carrying on with
the case. The Apex Court stated that it is an obligation on the lawyers to follow the norms and
rules related to behaviour. This type of behaviour was held unfit for any professional.

 Suo Motto Enquiry v. Lal Balwani21

Here, the advocate opened his shoes, threw them and shouted slogans while appearing in the
Apex Court. He was charged on two grounds, disrespect, and professional misconduct. The Apex
Court found him guilty of his actions and imprisoned him for four months along with a fine of
Rs. 2000. Later, the Bar Council of India along with the Disciplinary Committee finding him
guilty of professional misconduct, ordered to remove his name from the State roll.

 BCM v. M. Dabholkar22

Here, it was noted that the lawyers placing themselves at the entry point of the Magistrate’s court
to rush towards and target possible plaintiffs, mostly led to a troublesome experience for both the
parties involved. The Disciplinary Committee observed this was clearly a case of professional
misconduct. It also stated that professional ethics could not be held in a book or ruler. Thus,
misconduct relating to lawyers must be recognized in a dynamic and context specific sense,
capturing the advocate’s role towards the citizens 23.

20
Supra note 12
21
Ibid
22
Ibid
23
Professional Misconduct of Advocates in India, available at: [Link]
misconduct-of-advocates-in-india/ (last visited on October 23, 2022).
  SCBA v. UOI24

Amongst the vital functions of the State Bar Council in consideration to the conduct of the
advocates is the taking up of complaints relating to advocates. If the States’s Bar Council has any
hint to suspect an advocate of misconduct, then it is its duty to refer the case to the State Bar’s
Disciplinary Committee for clearance. In case the Council even after receiving information from
the Court does not begin proceedings against the advocate, then it would be the Court’s
responsibility to raise its power granted by Section 38 by transferring the proceedings of the Bar
and passing satisfactory orders. Appellate powers provided by Section 38 do not apply to the
High Courts25.

24
Supra Note 10.
25
Landmark judgments on Misconduct, available at: [Link]
Misconduct-of-an-advocate-and-I-blog-1158310 (last visited on October 23, 2022).
 CONCLUSION

Legal Profession is highly significant in nature. Law as a profession is regarded as noble and
righteous and thus, it is important that professional ethics are maintained. There have been
instances wherein an Advocate attempted to murder his own client. Thus, it is extremely
necessary to make sure that people with such criminal tendencies are not allowed to protect
people from being punished. There are few provisions which ensure that the person getting
enrolled as an advocate has no criminal records, however, these are not enough to ensure the
criminal tendencies of that person. Therefore, it is extremely necessary for the legislators to
create and modify laws relating to the various types of misconducts in this profession.

A lawyer is supposed to protect people from being punished, it does not suit a figure of such a
stature to himself indulge in such instances of misconduct. The Bar Councils of each state must
conduct yearly education programmes regarding the do’s and don’ts of the profession in order
to educate legal practitioners. It is equally important to remind the Advocates of their various
duty’s relating to the profession. In case of misconduct, strict punishments must be awarded to
the accused in order to set examples for the rest of the Advocates.
 BIBLIOGRAPHY

Legal Resources

 SCC Online
 Manupatra
 Hein Online

Legislations

 Bar Council of India Rules

 The Advocate’s Act, 1961

Internet Articles

 Sanjana Jain, Bar and Bench : the everlasting relation, IPLEADERS, (16
Nov., 2020) [Link]
 Shankar, G. and Kak, A.U., Litigation versus Non-Litigation: Practice of Law
under the Advocates Act, NUJS L. REV., 3, 299 (2010).
 Matwa, R., The Duties of an Advocate to Court Clients and the Public with
Particular Reference to Legal Profession in India, NJA LJ, 4, 39 (2010).
 Dutt-Majumdar, N., Conduct of Advocates & Legal Profession: Short History,
EASTERN LAW HOUSE (1974).
 Ramachandran, V.G., Advocates Act and Professional Ethics, JSTOR (1977).