Defining Professional Misconduct
The Advocates Act defines professional misconduct as any act or omission by an advocate
violating the standards of professional conduct prescribed by the Act or the rules made
thereunder. Section 35 of the Act enumerates various acts that constitute professional
misconduct, including:
Accepting Fees in Certain Cases: Lawyers cannot charge fees based on a percentage
of the legal dispute or hire others to generate work.
Communication with Parties: Lawyers cannot communicate directly with clients
represented by another lawyer unless they do so through that lawyer.
Advertising and Solicitation: Advocates are restricted from advertising their
services or soliciting work, directly or indirectly, except in specified circumstances.
Neglect of Duty: Failure to appear before a court or tribunal without sufficient cause,
neglecting to attend to matters entrusted, or willful disobedience of any lawful court
order constitutes misconduct.
Contempt of Court: Disrespectful behaviour toward the courts or interfering with the
fair administration of justice constitutes professional misconduct.
Conviction of an Offence: If an advocate is found guilty of a crime that reflects
poorly on their character, it is considered professional misconduct.
Professional Independence: Any action that undermines an advocate’s professional
independence or brings discredit to the legal profession is deemed professional
misconduct.
Related Law Note: Balance Between Rights and Duties of Advocates Under the Advocates
Act
Disciplinary Proceedings
If a lawyer is suspected of misconduct, the law allows for disciplinary steps to be taken.
The State Bar Council, the Bar Council of India, or a related disciplinary committee can
investigate complaints of misconduct. These committees can take appropriate disciplinary
measures. The accused lawyer must be given a fair chance to defend themselves and cross-
examine witnesses during these proceedings.
Penalties and Remedies
Suppose an advocate is found guilty of professional misconduct. In that case, the disciplinary
authority may impose various penalties, including suspension of the advocate from practice
for a specified period, removal of the advocate’s name from the roll of advocates,
or reprimand and censure. Additionally, the aggrieved party may seek remedies such as
restitution or damages through civil litigation.
1. Penalties
Suspension from Practice: Advocates found guilty of professional misconduct may be
suspended from practising law for a specified period. During this period, the advocate is
prohibited from representing clients or engaging in any legal activities.
Removal from Roll: In severe cases of misconduct, the disciplinary authority may order the
advocate’s name removed from the roll of advocates, effectively disqualifying them from
practising law. This is a significant penalty that permanently bars the advocate from legal
practice.
Reprimand and Censure: For less severe instances of misconduct, the disciplinary authority
may issue a reprimand or censure, formally admonishing the advocate for their actions. While
not as severe as suspension or removal, reprimand and censure are disciplinary measures and
may affect the advocate’s reputation.
2. Remedies
Restitution: If an advocate’s misconduct results in financial loss or harm to a client or third
party, the aggrieved party may seek restitution. This involves the advocate reimbursing the
affected party for any damages incurred due to the misconduct. Restitution aims to restore the
aggrieved party to the position they would have been in had the misconduct not occurred.
Corrective Measures: In some cases, the disciplinary authority may impose corrective
measures as part of the remedy for professional misconduct. This could include requiring the
advocate to undergo additional training or education on ethics and professional conduct or
mandating supervision or monitoring of their practice to prevent future violations.
Apology or Acknowledgment: As part of the remedy, the advocate may be required to
formally apologise or acknowledge their misconduct to the aggrieved party or the
public. This serves to acknowledge wrongdoing and demonstrate accountability.
