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Professional Ethics
and Professional
Accounting System

By

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Professional Ethics and Professional Accounting System .....................................1

SYLLABUS ................................................................................................................................................. 3
Unit-III ........................................................................................................................................................4
Disciplinary proceedings ............................................................................................................ 5
Professional misconduct .......................................................................................................... 10
Disqualifications ..........................................................................................................................22
Functions of Bar Council of India / State Bar Councils in dealing with the
disciplinary proceedings ...........................................................................................................25
Disciplinary Committees ...........................................................................................................32
Powers and functions ................................................................................................................ 37
Disqualification and removal from rolls. ...............................................................................43

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SYLLABUS

Unit-I: Development of Legal Profession in India — The Advocates Act,

1961 — Right to Practice — a right or privilege? - Constitutional
guarantee under Article 19(1) (g) and its scope — Enrolment and
Practice — Regulation governing enrolment and practice — Practice
of Law — Solicitors firm — Elements of Advocacy.
Unit-II : Seven lamps of advocacy— Advocate’s duties towards public,
clients, court, and other advocates and legal aid ; Bar Council Code of
Ethics.
Unit-III: Disciplinary proceedings — Professional misconduct —
Disqualifications — Functions of Bar Council of India/State Bar
Councils in dealing with the disciplinary proceedings —Disciplinary
Committees -- Powers and functions - Disqualification and removal
from rolls.
Unit-IV: Accountancy for Lawyers — Nature and functions of
accounting — Important branches of accounting — Accounting and
Law – Bar Bench Relations.

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Unit-III

Disciplinary proceedings — Professional misconduct —

Disqualifications — Functions of Bar Council of India/State Bar
Councils in dealing with the disciplinary proceedings —Disciplinary
Committees -- Powers and functions - Disqualification and removal
from rolls.

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Disciplinary proceedings

A disciplinary proceeding is a legal action taken against a

professional or member of a group for their unprofessional,
unethical, improper or illegal conduct. The purpose of this
action is to reprimand, suspend, or expel the individual from
their profession or group.
A lawyer who is found to have violated ethical rules may
face a disciplinary proceeding that could result in their
suspension or disbarment from practicing law.
In India, the Bar Council of India performs a regulatory
function by prescribing standards of professional conduct and
etiquette and by exercising disciplinary jurisdiction.
The Supreme Court in Bar Council, Maharashtra Vs. M.V.
Dabholkar observed that the Bar is associated with a high
moral tone and considerable public service. It plays a key role
in developmental and dispute-processing activities and builds
up a just society and constitutional order. It has earned a
monopoly to practice law and autonomy to regulate its own
internal discipline. Thus, it works like an organization in
handling acts of misconduct with disciplinary proceedings.
The object of providing for and regulating disciplinary
proceedings is to punish professionals guilty of corruption,
misbehaviour, misconduct, negligence or inefficiency. It is to
ensure a fair trial against whom disciplinary proceedings are
instituted and also to provide adequate safeguards against
false allegations. Therefore, the rules prescribe certain
mandatory procedures for holding disciplinary proceedings.

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Misconduct:
The question arises as to why or when these disciplinary
proceedings are initiated. As stated earlier, no lawyer can
frivolously make their own pathways just to get a result they
want, or in simple words, “to win the case”. The actions which
go against the morals and ethics of professional and societal
standards can be loosely termed as misconduct.
The term ‘misconduct' has been defined in Black's
Dictionary as ‘a transgression of some established and
defined rule of action, a forbidden act , a dereliction of duty,
unlawful behavior, wilful in character, improper or wrong
behavior'.
Misconduct is of infinite variety, the expression
professional or other misconduct must be understood in their
plain and natural meaning and there is no justification in
restricting their natural meaning. The term misconduct usually
implies an act done willfully with a wrong intention and as
applied to professional people it includes unprofessional acts
even though such acts are not inherently wrongful.
The Advocates Act, 1961 deals with disciplinary
proceedings in cases of misconduct. Although the Act does
not specifically define ‘misconduct’, the Supreme Court has
interpreted it in some of its decisions, such as in State of
Punjab and Others vs. Ram Singh Ex. Constable, Probodh
Kumar Bhowmick Vs. University of Calcutta and B.C.
Chaturvedi Vs. Union of India.

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The word “Misconduct” is wide enough to include

wrongful omission or commission whether done or omitted to
be done intentionally or unintentionally. It means, ‘improper
behavior, intentional wrongdoing or deliberate violation of a
rule of standard or behavior’. Misconduct is said to be a
transgression of some established and definite rule of action,
where no discretion is left except what necessity may demand;
it is a violation of definite law.
A member of the legal profession is expected to
maintain a standard in dignified and determined manner. The
standard required to be maintained by the members of the
legal profession must be commensurate with the nobility
thereof. A Lawyer is obligated to observe those norms which
make him worthy of the confidence of the community in him
as an officer of the court.
After the passing of the Advocates Act, the Bar Councils
have been given the jurisdiction to take disciplinary
proceedings against the advocates if they are found to be
remiss in the performance of their duties in a manner which is
worthy of their profession. No court is invested with any
jurisdiction to control the actions of an advocate who is cited
as a witness and who wants to represent an accused person in
a criminal trial.
Failure of advocate in not making application for cross-
examination on next working day amounts to failure in their
duties and not abuse of process of court or misconduct.

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Meaning of Professional misconduct and other misconduct

Section 35 of the Advocate makes it clear that an
advocate may be punished for professional misconduct or
other misconduct.
The terms misconduct and professional misconduct are
not defined In Section 35 or any other provisions of the
Advocate Act, 1961. The expression 'professional or other
misconduct' are mentioned in section 10 of Bar councils Act,
1926, by using those words it was made clear that the
authority might take action in all cases of misconduct,
whether in professional or other capacity.
Every misconduct may not be Professional or other
misconduct. Only unsatisfactory professional conduct of a
substantial, recurring or continuing nature is considered as
professional or other misconduct. Thus, a guilty or fraudulent
grossly improper conduct of an advocate in the discharge of
his professional duty is considered as professional misconduct.
Professional misconduct is conduct occurring otherwise
than in connection with the practice of law that would justify a
finding that its preparation is not of good fame and character
or is not a fit and proper person to remain on the Roll of Legal
Practitioners.
(i). Giving of improper Advice and wrong Advice: It is
professionally improper for a member of Bar to prepare false
document or to draw pleadings knowingly that the allegations
made are untrue to his knowledge. Thus, giving of improper
legal advice may amount to professional misconduct.

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(ii). Negligence and Professional misconduct: Whether

negligence will amount professional misconduct or not
depends upon the facts and circumstance of each case. Gross
negligence in the discharge of duties partake of shade of
delinquency and would undoubtedly amount to professional
misconduct. But negligence without moral turpitude or
delinquency may not amount to professional misconduct.
(iv). Moral turpitude: Moral turpitude is very serious
professional misconduct. From section 24-A of the Advocate
Act, it is clear that a person cannot be admitted as an
advocate on a State Roll if he is convicted of an offence
involving moral turpitude. Thus, a person who is convicted of
an offence involving moral turpitude is disqualified for being
admitted as an advocate on the State Roll of advocates.
Examples of Misconduct of Advocates -
 Discourteous behaviour towards the Bench in the Court.
 Involving in moral turpitude.
 Defrauding of cheating the party.
 Engaging in a business of profit making.
 Failing to file a case after accepting a brief and fee plus
expenses.
 Exhibiting ill temper which has the effect of overbearing
the Court.
 Giving of improper Advice and wrong advice
 Use of hot words or epithets or disrespectful, derogatory
or threatening language in the court.

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Professional misconduct

Advocacy is a noble profession and an advocate is the

most accountable, privileged and erudite person of the
society and his acts are role model for the society, which are
necessary to be regulated.
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
favourable opinion which the public should entertain
concerning it.
Professional misconduct is the behaviour outside the
bounds of what is considered acceptable or worthy of its
membership by the governing body of a profession.
Professional misconduct refers to disgraceful or dishonorable
conduct not befitting an advocate.
Chapter V of the Advocate Act, 1961, deals with the
conduct of Advocates. It describes provisions relating to
punishment for professional and other misconducts. Section
35(1) of the Advocate Act, 1961, says, 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 it disciplinary committee.

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Meaning and Definition

A person who carries/undertakes the profession is called
a professional. Depending on the profession a person
undertakes, 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 in the simple
sense means improper conduct. In law, profession misconduct
means an act done willfully with a wrong intention by the
people engaged in the profession. It means any activity or
behaviour of an advocate in violation of professional ethics for
his selfish ends. If an act creates disrespect to his profession
and makes him unworthy of being in the profession, it
amounts to professional misconduct.
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. In the context of
misconduct of an advocate, any conduct that 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.

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Provisions in Advocates act 1961

The Advocates act 1961 is a comprehensive legislation
that regulates the legal practice and legal education in India. It
envisages for the establishment of Bar Council of India and
State Bar Councils with various disciplinary committees to
deal with misconduct of the advocates. It also provides for the
provisions relating to the admission and enrolment of
advocates and advocates right to practice.
The Advocate Act, 1961, has conferred the jurisdiction
to take action in all cases of misconduct both professional or
other and left it to the discretion of Disciplinary Authority. It is
the charging party has the burden of proving the charge of
misconduct in the Disciplinary proceedings.
Chapter V containing Sections 35 to 44 deals with the
conduct of the advocates. It provides for punishment for
advocates for professional and other misconduct and
disciplinary powers of the Bar council of India.
In order to attract the application of section 35 of the
advocates act the misconduct need not be professional
misconduct alone. The expression used in the section is
Professional or other misconduct. So even conduct
unconnected with the profession may account to a
misconduct as for example, conviction for a crime, though the
crime was not committed in the professional capacity.
At the same time it is to be noted that a mere conviction
is not sufficient to find an advocate guilty of misconduct, the
court must look in to the nature of the act on which the

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conviction is based to decide whether the advocate is or is not

an unfit person to be removed from or to be allowed to
remain in the profession.
Section 49 of the advocates act 1961 empowers the Bar
Council of India to frame rules regulating standards of
professional conduct.
The Code of Conduct Prescribed For Advocate
Various duties are prescribed for the advocates some of
them are highlighted below.
(1). No advertising or soliciting work, it is against an
advocate’s code of ethics to solicit or advertise work and
amounts to a misconduct on the part of the advocate. Both
direct and indirect advertising is prohibited. An advocate may
not advertise his services through circulars, advertisements,
touts, personal communication or interviews not warranted by
personal relations.
Similarly, the following forms of indirect advertising are
prohibited:
(i) by issuing circulars or election manifestos by a lawyer with
his name, profession and address printed on the manifestos,
thereby appealing to the members of the profession
practising in the lower courts who are in a position to
recommend clients to counsel practising in the HC.
(ii) canvassing for votes by touring in the province or sending
out his clerk or agents to the various districts, which must
necessarily mean directly approaching advocates practicing in
subordinate courts.

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Further, the signboard or nameplate displayed by an

advocate should be of reasonable size. It should not refer to
details of an affiliated by the advocate i.e. that he is or has
been president or member of a bar council or of any
association, or he has been a Judge or an Advocate-General,
or that he specializes in a particular kind of work, or that he is
or was associated with any person or organization or with any
particular cause or matter.
(2). Not to demand fees for training: An advocate is restrained
from demanding any fees for imparting training to enable any
person to qualify for enrolment.
(3). Not use name/services for unauthorized practice: An
advocate may not allow his professional services or his name
to be associated with, or be used for any unauthorized
practice of law by any lay agency.
(4). Not to enter appearance without consent of the advocate
already engaged: An advocate is prohibited from entering
appearance in a case where there is already another advocate
engaged for a party except with the consent of such advocate.
However if such consent is not produced, the advocate must
state the reasons for not producing it, and may appear
subsequently, only with the permission of the court.
(5). Duty to opposite party: While conducting a case, a lawyer
has a duty to be fair not only to his client but also to the court,
and to the opposite party. An advocate for a party must
communicate or negotiate with the other parties regarding
the subject matter of controversy, only through the opposite

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party’s advocate. If an advocate has made any legitimate

promises to the opposite party, he should fulfill the same,
even if the promise was not reduced to writing or enforceable
under the rules of the court.
(6). Duties of an advocate towards his client: The relationship
between a lawyer and a client is highly fiduciary and it is the
duty of an advocate fearlessly to uphold the interests of the
client by fair and honourable means without regard to any
unpleasant consequences to himself or any other person.
The above are only few important code of conduct to be
observed by an advocate practicing in India.
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

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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.
Procedure Followed on the Notice of Professional Misconduct
The following is the procedure followed:
(1) In exercise of powers under Section 35 contained in
Chapter V entitled “conduct of advocates”, on receipt of a
complaint against an advocate (or suo motu), if the State Bar
Council has ‘reason to believe’ that any advocate on its roll
has been guilty of “professional or other misconduct”,
disciplinary proceeding may be initiated against him.
(2) Neither Section 35 nor any other provision of the Act
defines the expression ‘legal misconduct’ or the expression
‘misconduct’.
(3) The Disciplinary Committee of the State Bar Council is
authorised to inflict punishment, including removal of his
name from the rolls of the Bar Council and suspending him
from practice for a period deemed fit by it, after giving the
advocate concerned and the ‘Advocate General’ of the State
an opportunity of hearing.
(4) While under Section 42(1) of the Act, the Disciplinary
Committee has been conferred powers vested in a civil court
in respect of certain matters including summoning and

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enforcing attendance of any person and examining him on

oath, the Act which enjoins the Disciplinary Committee to
‘afford an opportunity of hearing’ (vide Section 35) to the
advocate does not prescribe the procedure to be followed at
the hearing.
(5) The procedure to be followed in an enquiry under Section
35 is outlined in Part VII of the Bar Council of India Rules
made under the authority of Section 60 of the Act.
Rule 8(1) of the said Rules enjoins the Disciplinary
Committee to hear the concerned parties that is to say the
complainant and the concerned advocate as also the Attorney
General or the Solicitor General or the Advocate General. It
also enjoins that if it is considered appropriate to take oral
evidence the procedure of the trial of civil suits shall as far as
possible be followed.
Critique
The Advocates Act, 1961, was a long sought after
legislation to consolidate the law relating to the legal
practitioners, constitution of autonomous Bar Councils,
prescription of uniform qualification for admission and
enrolment of persons as advocates, more importantly it
imposes punishment for professional misconduct by
advocates and in that respect it acts as a quasi-judicial body.
Only body that can be approached for professional
misconduct of advocate is Bar council constituted under the
Act, except for contempt of court which is also a misconduct.
However the following criticisms are levelled against the Act

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in terms of its power to punish for professional and other

misconduct:
1) No provision of appeal is provided in the act in respective
High courts, hence power of Bar Council of the State is
equated with that of High court.
2) In ordinary course, it is difficult for an advocate to approach
the Supreme Court and get the case admitted from an
aggrieved order of the Bar Council of India.
3) The Act has not defined the term misconduct, instead it has
included professional and other misconduct and definition is
left to the Bar councils and Supreme court to decide and to
widen the scope.
4) Denial of the principle of natural justice to an ordinary
litigant who is aggrieved with the misconduct of the advocate,
as the body of their association i.e., Bar council is deciding the
case in which their own member is the respondent. This is
against the rule that “no man can be a judge in his own case”.
5) At times, based on the circumstances the Act is violative of
Article 19 (1) (g), right to practice trade or profession, and also
freedom of speech and expression enshrined in Art. 19(1)(a).
However the intention of the legislature to uphold the dignity
of the profession and to preserve the moral etiquette among
legal practitioners have been largely achieved by the Act.
Case Laws:
The Supreme Court has, in some of its decisions,
elucidated on the concept of ‘misconduct’, and its application:

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In State of Punjab v Ram Singh, the Supreme Court held

that the term misconduct may involve moral turpitude, it must
be improper or wrong behaviour, unlawful behaviour, willful in
character, a forbidden act, a transgression of established and
definite rule of action or code of conduct, but not mere error
of judgement, carelessness or negligence in performance of
duty.
In Sambhu Ram Yadav v. Hanuman Das Khatry, 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
favourable 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 Pawan Kumar Sharma v. Gurdial Singh [1998 (7) SCC
24], The court held that mere ownership of the taxi cannot

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lead to any irresistible conclusion that he was engaged in “taxi

business” to constitute misconduct.
In N.G. Dastane v. Shrikant S. Shind, 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.
Ultimately, as it has been upheld and reiterated that
“misconduct” would cover any activity or conduct which his
professional brethren of good repute and competency would
reasonably regard as disgraceful or dishonourable. It may be
noted that the scope of “misconduct” is not restricted by
technical interpretations of rules of conduct.
Misconduct of advocates should thus be understood in a
context-specific, dynamic sense, which captures the role of
the advocate in the society at large.
Conclusion
The role of the lawyers in the society is of great
importance. A lawyer in discharging his professional
assignment has a duty to his client, a duty to his opponent, a
duty to the court, a duty to the society at large and a duty to
himself.
While discharging duty to the court, a lawyer should
never knowingly be a party to any deception, design or fraud.

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While placing the law before the court a lawyer is at liberty to

put forth a proposition and canvass the same to the best of
his wits and ability so as to persuade an exposition which
would serve the interest of his client and the society.
The advocate, as an officer of the Court, also has the
responsibility to render services of sound quality. Lapses in
services in the nature of absence when the matters are called
out, the filing of incomplete and inaccurate pleadings – many
times even illegible and without personal check and
verification, the non-payment of court fees and process fees,
the failure to remove office objections, the failure to take
steps to serve the parties are not merely professional omission.
They amount to positive dis-service to the litigants and create
embarrassing situation in the court leading to avoidable
unpleasantness and delay in the disposal of matters, and
detrimentally affects the entire judicial system.
As the officers of the court the lawyers are required to
uphold the dignity of the judicial office and maintain a
respectful attitude towards the Court. This is because the Bar
and the Bench form a noble and dynamic partnership geared
to the great social goal of administration of justice, and the
mutual respect of the Bar and the Bench is essential for
maintaining cordial relations between the two. It is the duty of
an advocate to uphold the dignity and decorum of the Court
and must not do anything to bring the Court itself into
disrepute, and ensure that at no point of time, he oversteps
the limits of propriety.

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Disqualifications

Section 24A which has been inserted by Advocate

(Amendment) Act, 1973 lays down the condition under which
a person shall be disqualified for being enrolled as a member
of the state bar council. Originally there were two grounds of
disqualification, namely,
1) Conviction of an offence involving moral turpitude.
2) For conviction of an offence under the Untouchability
(Offence) Act 1955.
However, a third clause has been inserted by the
Amendment of 1993 that dismissal or removal from
employment or office under the state on any charge involving
moral turpitude.
Thus Section 24A which provide for the grounds of
disqualification are as under.
(1) No person shall be admitted as an advocate on a state roll-
(i) if he is convicted of. Any offence involving moral turpitude
(ii) If he is convicted of any offence under the provisions of the
Untouchability (Offence) Act, 1955.
(iii) If he dismissed or removed from employment of office
under the state on any charge involving moral turpitude.
Explanation: In this clause the expression state shall have the
meaning assigned to it under Article 12 of the Constitution.
Provided that the disqualification for enrollment as
aforesaid shall cease to have effect after a period of two years
has elapsed since is release or dismissal or as the case may be
removal.

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(2). Nothing contingent in subsection (1) shall apply to a

person who having been found quality is dealt with under the
provision probation of the offender Act, 1958 .
The above part from provisions of disqualification of any
advocate the Maharashtra and Goa bar council under rule 1 (1)
Denies simultaneous practice of another profession along
with the practice of law. The famous case in this respect is Dr.
H.L .Chulani Vs Bar council of Maharashtra and Goa,1996.
As per Section 30 of the Act, an Advocate whose name
entered in a State Roll shall have a right to practise-
 In all courts including Supreme Court.
 Before any tribunal or person legally authorised to take
evidence.
 Before any other authority or person before whom such
advocate is entitled to practise under any law for the time
being in force.
But as per Supreme Court Rules, only an Advocate on
Record can appear, plead and address the Supreme Court.
Nevertheless, High Courts are empowered to make rules
regarding the conditions as to which an Advocate shall be
permitted to practise before such High Court and Courts
subordinate to it.
The rules made by Bar Council of India under Section 49
(1) (ah) of the Act provide that an Advocate who voluntarily
suspends his practice for any reason whatsoever shall intimate
the matter to State Bar Council.

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The intimation shall be done through a registered post,

accompanied with the certificate of enrolment. An Advocate
who wants to resume his practice after suspension shall apply
to the Secretary of State Bar council. It shall be accompanied
by an affidavit stating whether he has incurred any
disqualification during the period of suspension.
The application will be scrutinised by the Enrolment
Committee. If the application is accepted, the certificate
surrendered by the applicant will be returned to him. If the
Committee thinks that, the applicant has incurred any
disqualification it shall refer the matter to Bar Council of India.
Bar Council Rules provide that a practising Advocate
shall not engage in any other employment. The rule originates
from the notion that legal profession requires full attention
from a person who intends to practice it. It is a reputed
profession which one cannot do as a side business.
However an Advocate can be a sleeping partner, part of
a business entity as long as he doesn’t participate in its
management, holder of an inherited property etc.
In Anees Ahmad vs. University of Delhi, the Delhi High
Court has held that no full-time law teachers drawing regular
salaries can enroll himself as an advocate.
Disposal of Application for Admission as an Advocate:
Section 26 of the Advocates Act provides that State Bar
Council shall refer every application for admission as an
advocate to its enrollment committee and subject to any
directions that may be given in writing by the State Bar

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Council in this behalf, search committee shall dispose of the

application in a prescribed manner.
However the Bar Council of India may, if satisfied, either
on reference made to it in this behalf or otherwise that any
person has got his name entered on the role of advocate by
misrepresentation as to an essential facts or by fraud or by
undue influence, remove the name of such person from the
role of advocate after giving him an opportunity of being
heard.

Functions of Bar Council of India / State Bar Councils in

dealing with the disciplinary proceedings

The Bar Council of India :

The Bar Council of India is a statutory body created by
Parliament under the Advocates Act, 1961 to regulate and
represent the Indian Bar. It performs the regulatory function
by prescribing standards of professional conduct and
etiquette (proper behaviour) and by exercising disciplinary
jurisdiction over the Bar. It also sets standards for legal
education and grants recognition to Universities whose
degree in law will serve as qualification for enrolment as an
advocate.
Section 7 of the Advocates Act mentions the functions
of the Bar Council of India. Further amendment to the Act in
1973 added more functions to the list.

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 The Bar Council lays down the standards of professional

conduct and the etiquette required to be followed by the
advocates.
 To lay down the procedure to be followed by its
disciplinary committee and the disciplinary committee of
each State Bar Councils.
 The advocates are also accorded certain rights, privileges
and interests, which need to be safeguarded by the Bar
Council.
 Reforms in the existing law of the country are also worked
upon by the Council.
 Whenever a state Bar Council refers a matter to the All
India Bar Council, it has to look into the details of the same.
 Legal education and any such standards to be achieved in
the field of legal education are regulated by the Council.
 To recognize universities whose degree in law will be a
qualification for enrolment as an advocate. The Bar Council
of India visits and inspects universities, or directs the State
Bar Councils to visit and inspect universities for this
purpose.
 Legal knowledge is also to be promoted by the Council, in
ways of seminars on legal topics by jurists and publishing
of journals and papers on legal issues.
 Right to legal aid, which is a right guaranteed by the
Constitution, is also to be provided by the Bar Council, to
the poor.

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 Foreign qualifications for law are also to be recognized and

regulated by the Council, in case an advocate obtains
education outside the country.
 The funds of the Council are structured and managed by
the Council itself.
 The various members who shall run the state Bar Councils
are also elected by the All India Bar Council.
Apart from granting legal aid to the poor, the Bar
Council can also organize welfare schemes, for the poor,
differently abled or certain advocates. The Council can also
establish libraries for the sole purpose of propagating legal
education. For these purposes, the Bar Council can receive
grants, gifts or donations.
State Bar Councils
The State Bar Councils are statutory bodies established
under Section 3 of the Advocates Act, 1961. They act as
regulatory bodies, making rules for the legal profession and
education in their respective states and also act as the
representatives of the advocates of that state, thereby acting
in their interests. They work in coordination with and under
the supervision of the Bar Council of India, which is a national
body established under Section 4 of the Advocates Act, 1961.
Section 3 of the Advocates Act mandates that there shall
be a Bar Council for every state, and it shall be called as Bar
Council of that state. As per Section 5 of the Act, every Bar
Council shall be a body corporate with perpetual succession

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and common seal. It can acquire and hold properties. It can

sue or be sued.
Functions of State Bar Council
Section 6 of the Act lays down the important functions
of a State Bar Council. They are:
 To admit persons as Advocates on its roll.
 To prepare and maintain such roll.
 To entertain and determine cases of misconduct against
Advocates on its roll.
 To safeguard the rights, privileges and interests of
Advocates on its roll.
 To promote and support law reform.
 To conduct seminars and organise talks on legal topics by
eminent jurists and publish journals and papers of legal
interest.
 To organise legal aid to the poor.
 To manage and invest the funds of the Bar Council.
 To provide for the election of its members.
 To visit and inspect Universities in accordance with the
rules for imparting legal education.
 To promote the growth of Bar Associations for the purpose
of effective implementation of welfare schemes introduced
by the Council.
 To perform any other functions as prescribed by the Act.
 The time within which and form in which an Advocate shall
express his intention for the entry of his name in the roll of
State Bar Council.

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 The form in which an application shall be made to the Bar

Council for admission as an Advocate on its roll.
 The conditions subject to which a person may be admitted
as an Advocate on any such roll.
 The instalments in which the enrolment fee may be paid.
 The Council may constitute funds for the purpose of:
 Giving financial assistance to organise welfare schemes for
the indigent, disabled or other Advocates.
 Giving legal aid or advice in accordance with the rules.
 The State Bar Council may receive gifts, donations or any
grants for the purposes mentioned above and such
amount may be credited to the welfare funds constituted
accordingly.
Power of Bar Councils to make Rules
Every State Bar Council has the power to make rules
regarding the following matters:
 The election of members of the Bar Council. This will
include the manner of conducting election, eligibility to
cast postal vote, manner of publishing results etc.
 The manner of election of the Chairman and the Vice-
Chairman of the Bar Council.
 Deciding the validity of elections.
 The filling of casual vacancies in the Bar Council.
 The powers and duties of the Chairman and the Vice
Chairman.
 Constitution of funds.

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 Organisation of legal aid to the poor, constitution of

committees and sub committees for the purpose.
 Summoning the meeting of the Bar Council, Conduct of
Business, deciding the number of persons to constitute
quorum.
 The qualifications and the conditions of service of the
secretary, the accountant, and other employees of the Bar
Council.
 The maintenance of books of accounts and other books by
the Bar Council.
 The appointment of auditors and the audit of the accounts
of the Bar Council.
 The management and investment of the funds.
Rules made by the State Bar Councils are effective only
when it is approved by the Bar Council of India.
Committees
Various Committees may be constituted by the State Bar
Councils for discharging certain duties. Such as:
Disciplinary Committee
 The disciplinary committees are constituted to deal with
the cases of professional misconduct of Advocates. The
Council may constitute one or more disciplinary
committees. It shall consist of three persons in out of
which two persons shall be members of the Council and
the remaining one being selected from the non-member
Advocates.

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 The senior most among the members of the Committee

shall be the Chairman of the Disciplinary Committee.
 The Disciplinary Committee shall have the same power as
that of a civil Court in matters relating to the disposal of
disputes relating to professional misconduct.
Legal Aid Committee
 One or more legal aid committees may be constituted by
the Council. It shall have minimum five members; however
it cannot exceed nine.
 The Legal Aid activities of the Council are monitored,
conducted by the committee. The Council prescribes the
qualifications required for the members from time to time.
Executive Committee
It shall consist of five members and they are elected by the
Council amongst its members.
Enrolment Committee
There must be three members in the enrolment committee
who shall be elected from the members of the Council. A
State Bar Council shall refer every application for admission as
an advocate to its enrolment committee and it shall decide on
the same.
Standing Committees
 Executive committee which shall consist of nine members
elected amongst the members of the Council.
 Legal Education Committee which shall consist of ten
members. Five out of ten members shall be elected by the

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Council from its members and the remaining five shall be

co-opted by the council from non-member Advocates.
 Every Bar Council and every committee other than
Disciplinary Committee shall follow the rules of procedure
in regard to transaction of businesses at their meeting. The
meeting shall be convened at the headquarters of the Bar
Council except that of Disciplinary Committee.

Disciplinary Committees

Disciplinary committee means a person or a group of

people who are empowered to hear cases and proceedings
involving professional misconduct of an advocate upon a
complaint, revision or suo motu. The disciplinary committee is
mainly formed to ensure that the members of the Bar Council
of India or the Bar Council of any State are maintaining
professional ethics and standards.
Section 9 of the Act empowers the State Bar Council to
constitute one or more Disciplinary Committees. The
Disciplinary Committee will consist of three members of
whom two shall be persons elected by the Council from
amongst its members and other shall be a person co-opted by
the Council from amongst Advocates who passes the
qualification specified in the proviso to sub section (2) of
section 3 and who are not members of the Council and the
senior most advocate amongst the members of a Disciplinary
Committee shall be the Chairman thereof.

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The disciplinary committee to which the case has been

referred may summarily reject the complaint. If it does not do
so, it should fix a date for the hearing of the case and cause
notice thereof to be given to the advocate concerned and to
the Advocate-General of the state (the Solicitor-General in the
case of the Delhi Bar Council). After giving him an opportunity
of being heard it should make its order.
Scope and Extent of Disciplinary Committee:
(i). Proceedings before state Bar Councils and the disciplinary
committees
The State Bar Council on the roll of which an advocate is
enrolled has the jurisdiction and the power to act on receipt of
a complaint or otherwise. A fee of Rs. 25 is prescribed by the
Bar Council of India as payable on a complaint, which shall be
in the form of a petition duly signed and verified as required
under the Civil Procedure Code. If the state Bar Council has
reason to believe that the advocate concerned has been guilty
of professional or other misconduct, it has to refer the case
for disposal to its disciplinary committee.
The disciplinary committee to which the case has been
referred may summarily reject the complaint. If it does not do
so, it should fix a date for the hearing of the case and cause
notice thereof to be given to the advocate concerned and to
the Advocate-General of the state (the Solicitor-General in the
case of the Delhi Bar Council). After giving him an opportunity
of being heard it should make its order.

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(ii). Powers of the disciplinary committees:

Section 42 provides that the disciplinary committee of a
Bar Council shall have the same powers as are vested in a civil
court under the Code of Civil Procedure, 1908, in respect of:
 summoning and enforcing the attendance of any person
and examining him on oath,
 requiring discovery and production of any documents;
 receiving evidence on affidavits;
 requisitioning any public record or copies thereof;
 issuing commissions for the examination of witnesses or
documents and
 any other matter which may be prescribed.
An advocate who is suspended from practise is debarred
from practising in any court or before any authority or persons
in India. The disciplinary committee of a state Bar Council may
of its own motion or otherwise review any order passed by it,
but no such order shall have effect unless it has been
approved by the Bar Council of India.
(iii). The disciplinary committee of the Bar Council of India
The Act has conferred powers on the disciplinary
committee of the Bar Council of India to make inquiry in some
cases on complaints of misconduct referred to it, to withdraw
cases for enquiry before itself, to hear appeals and order stay
and to review its own orders. It has the power to make such
order as to costs of any proceedings before it as it may deem
fit. Any such order shall be executable as if it were an order of
the Supreme Court.

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Procedure :
The High Court was empowered under Section 10 of the
Legal Practitioners Act to reprimand, suspend or remove from
practice any advocate of the High Court for professional or
other misconduct after following the procedure described
below:
Complaints against advocates for professional or other
misconduct had to be made to the High Court. If on receipt of
a complaint, the High Court did not summarily reject it, it had
to refer the case for enquiry to the Bar Council, or after
consultation with the Bar Council, to a district judge.
The High Court had power to make such a reference suo
motu even if there was no complaint. Cases referred to a Bar
Council had to be inquired into by a committee of the Bar
Council (called Tribunal) comprising not less than three and
not more than five members appointed by the Chief Justice of
the High Court.
The High Court was required to make rules for the
conduct of disciplinary enquiries. The finding of the tribunal
after enquiry was to be forwarded to the High Court through
the Bar Council and the finding of a district court was to be
forwarded direct to the High Court which was required to
send a copy to the Bar Council. Notice was to be given of the
date fixed for hearing to the advocate concerned and to the
Bar Council and to the Advocate-General and after affording
them an opportunity of being heard, final orders were passed
by the High Court.

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A record of the punishment of suspension or reprimand

was made in the rolls of the High Court. If the advocate was to
be removed from practice, his name was removed from the
roll and the certificate of any advocate so suspended or
removed was to be recalled. The tribunals and the district
judge conducting the enquiries were vested with powers of a
court under the Code of Civil Procedure examining him on
oath, compelling the production of documents and issuing
commissions for the examination of witnesses.
It may be pointed out that under the Act, the power of
enrolment of advocates virtually continued to remain in the
High Court and the function of the Bar Council was advisory in
nature. The Act did not affect the original side of the Calcutta
and Bombay High Courts.
Further, the attorneys of Calcutta and Bombay were not
affected by the Act and the enrolment of and the disciplinary
jurisdiction over the attorneys continued to be in the hands of
the High Courts under their respective Letters Patents.
The right of the advocates of one High Court to practice
in another High Court was made subject to the rules made by
the High Court. The rules made by the Bar Councils had
stipulated that advocates of other High Courts would be
permitted to appear and plead in the respective High Courts
only with the permission of the Chief Justice provided an
advocate enrolled in that High Court appeared with him. The
provisions in the Bar Council's Act were regarded as
unsatisfactory.

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Powers and functions

All proceedings before a disciplinary committee of a Bar

Council shall be deemed to be judicial proceedings within the
meaning of sections 193 and 228 of the Indian Penal Code,
1860, and every such disciplinary committee shall be deemed
to be a civil court for the purposes of sections 480, 482 and
485 of the Code of Criminal Procedure, 1898.
Section 42 of Advocates Act 1961, provides the Powers
of Disciplinary Committee of a Bar Council. The Provisions of
this Section are same for both, the State Bar Council as well
the Bar Council of India.
The Act has conferred powers on the disciplinary
committee of the Bar Council of India to make inquiry in some
cases on complaints of misconduct referred to it, to withdraw
cases for enquiry before itself, to hear appeals and order stay
and to review its own orders. It has the power to make such
order as to costs of any proceedings before it as it may deem
fit. Any such order shall be executable as if it were an order of
the Supreme Court.
Powers of the disciplinary committees :
Section 42 provides that the disciplinary committee of a
Bar Council shall have the same powers as are vested in a civil
court under the Code of Civil Procedure, 1908 (5 of 1908), in
respect of the following matters, namely —
(a) summoning and enforcing the attendance of any person
and examining him on oath;
(b) requiring discovery and production of any documents;

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(c) receiving evidence on affidavits;

(d) requisitioning any public record or copies thereof from any
court or office;
(e) issuing commissions for the examination of witness or
documents;
(f) any other matter which may be prescribed:
An advocate who is suspended from practise is debarred
from practising in any court or before any authority or persons
in India. The disciplinary committee of a state Bar Council may
of its own motion or otherwise review any order passed by it,
but no such order shall have effect unless it has been
approved by the Bar Council of India.
Power to enquire and to withdraw
If on receipt of a complaint or otherwise, the Bar Council
of India has reason to believe that any advocate on the
common roll whose name is not entered on any state roll has
been guilty of professional or other misconduct, it shall refer
the case for disposal to its disciplinary committees. The
committee may also of its own motion, withdraw for enquiry
before itself any proceedings for disciplinary action against
any advocate pending before the disciplinary committee of
any state Bar Council and dispose of the same.
Power to hear appeals and order stay
Any person aggrieved by an order of the disciplinary
committee of a State Bar Council made under section 35 may,
within sixty days of the date of the communication of the
order to him, prefer an appeal to the Bar Council of India.

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Every such appeal is to be heard by the disciplinary committee

of the Bar Council of India which may pass such order thereon
as it deems fit. Under the rules made by the Bar Council of
India a fee of Rs. 50 has been prescribed for an appeal to be
filed before the Bar Council of India.
Any person aggrieved by an order made by the
disciplinary committee of the Bar Council of India under
section 36 or section 37 may, within sixty days of the date on
which the order is communicated to him, prefer an appeal to
the Supreme Court and the Supreme Court may pass such
order thereon as it deems fit. Order V of the Supreme Court of
India Rules deals with appeals made to the Supreme Court
against an order of the disciplinary committee of the Bar
Council of India made under section 36 or section 37 of
Advocates Act.
The Rules, inter alia, provide for a preliminary hearing on
the registration of the petition for appeal. If upon such
hearing the court is satisfied that no prima facie case has been
made out for its interference it may dismiss the appeal, but if
it is not so satisfied it may direct that notice of appeal be
issued to the Advocate-General of the State concerned or to
the Attorney-General of India or to both and to the
respondent. The costs of all proceedings of an appeal shall be
in the discretion of the court.
Power to make final orders
The disciplinary committee of a State Bar Council after
giving the advocate concerned and the Advocate-General an

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opportunity of being heard, may make any of the following

orders, namely —
(a) dismiss the complaint or, where the proceedings were
initiated at the instance of the State Bar Council, direct that
the proceedings be filed;
(b) reprimand the advocate;
(c) suspend the advocate from practice for such period as it
may deem fit;
(d) remove the name of the advocate from the State roll of
advocates.
No such final orders shall be made in any proceeding
unless the Chairman and other members of the disciplinary
committee are present.
Where no such final order can be made in any
proceedings in accordance with the opinion of the Chairman
and the members of a disciplinary committee either for want
of majority opinion amongst themselves or otherwise, the
case, with their opinion thereon, shall be laid before the
Chairman of the Bar Council concerned or if the Chairman of
the Bar Council is acting as the Chairman or a member of the
disciplinary committee, before the Vice-Chairman of the Bar
Council, and the said Chairman or the Vice Chairman of the
Bar Council, as the case may be, after such hearing as he
thinks fit, shall deliver his opinion and the final order of the
disciplinary committee shall follow such opinion.
Power of Review

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Section 44 confers powers of review on the disciplinary

committee of a Bar Council by its own motion or otherwise.
However, no order or review of the disciplinary committee of
state Bar Council shall have effect unless it has been
approved by the Bar Council of India.
In O.N. Mahindroo v. Dist. Judge, Delhi, the Supreme
Court upheld the view of the Bar Council of India that the Bar
Council of India has no power to review an order made by its
disciplinary committee on appeal. But the Bar Council can
refer to the disciplinary committee matters for its
reconsideration.
As already stated the power of revision is expressly
granted to the disciplinary committee of the Bar Council
which may on its own motion or otherwise review any order
passed by it. The word otherwise is wide enough to include a
case referred by the Bar Council for review. The court was of
the view that since disciplinary proceedings against a lawyer
will not only involve the particular lawyer but the prestige of
the legal profession as such, the powers of review of the
disciplinary committees should be interpreted widely so as to
enable them to exercise such powers in a suitable case for or
against a lawyer even after the matter had been examined by
them. The analogy of the powers of review by the courts
under the Civil Procedure Code or that of the autrefois convict
or autrefois acquit under the Code of Criminal Procedure
should not be made applicable.
Restricted Powers of the Disciplinary Committee

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The disciplinary committee can exercise these powers

only with a prior approval of certain authorities. These are as
follows:
 Attendance of any presiding officer of a court shall be
allowed only with a prior approval of the High Court to
which such court is subordinate.
 Attendance of any officer of revenue court shall be allowed
only with prior approval of the State Government.
Miscellaneous Powers
 The proceedings before the disciplinary committee shall be
deemed to be judicial proceedings.
 The disciplinary committee shall be deemed to be a civil
court.
 If a chairman or any member of the disciplinary committee
is unavailable on the date fixed for hearing the matter then
the disciplinary committee may if it thinks fit proceed with
the hearing and pass necessary orders provided that the
order passed shall not be the final order. The proceedings
and the order passed by such a committee shall not be
invalid merely because the chairman or all three members
of the disciplinary committee were not present.
 Where the final orders cannot be made because of want of
majority among the disciplinary committee or is not in
accordance with the opinion of the Chairman or the
members of the disciplinary committee then such matter
or case shall be placed before the Chairman of the Bar
Council. If the Chairman of the Bar Council is acting as the

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chairman of the disciplinary committee, then the case shall

be placed before the Vice Chairman of the Bar Council.
After hearing the case, the Vice Chairman shall deliver his
opinion and the disciplinary committee shall follow such
final order.
 The disciplinary committee also has the power to impose
costs of proceedings as it may deem fit and such order
shall be executable as if it were the orders of High Court or
Supreme Court.
 The disciplinary committee also has the power to review its
own orders under section 44 of the Advocates Act, 1961.

Disqualification and removal from rolls.

Disqualification for enrolment as an Advocate:

Section 24A which has been inserted by Advocate
(Amendment) Act, 1973 lays down the conditions under which
a person shall be disqualified for being enrolled as a member
of the State Bar Council.
(1) No person shall be admitted as an advocate on a State roll:
(a) if he is convicted of an offence involving moral turpitude;
(b) if he is convicted of an offence under the provisions of the
Untouchability (Offences) Act, 1955;
(c) if he is dismissed or removed from employment or office
under the State on any charge involving moral turpitude.
Removal of Name from the Roll (Section 26A)
According to Section 26-A Advocates Act, the state Bar
Council may remove from the state roll, the name of any

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advocate who is dead from whom a request has been received

to that effect.
In Hikmat Ali Khan v. Ishwar Prasad Arya and Others [AIR
1997 SC 864], The Supreme Court held that the conduct of
Ishwar Prasad, an advocate was such that his name should be
removed from the state roll of advocates as he was found
guilty of an offence of attempting to commit murder and
convicted for it and as he was unworthy of remaining in the
profession.
Punishment
Before the Enactment of the Advocate Act, 1961, High
court has the Disciplinary jurisdiction over legal practitioners.
The High Court is the competent authority to punish the
advocates for their professional misconduct. But now the
Advocate Act, 1961 entrusted this jurisdiction of dealing
misconduct of the advocates to the Bar councils. As the Bar
council is a large body with the multiple activities, it entrusted
to their Disciplinary Committees. The Disciplinary Committees
have authority to hold Disciplinary proceedings against the
misconduct of advocates.
The authority to punishment for professional misconduct:
Section 35 of the Advocate Act provides that on receipt
of a complaint or otherwise if 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.

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According to Section 35(1-A) of Advocate Act Provides

that the State Bar council may, either of its own motion or on
application made by it by any person interested, withdraw a
proceeding pending before its Disciplinary Committee and
direct the inquiry to be made by any other Disciplinary
Committee of that State Bar council.
According to section 35(2) of the Advocate Act, the
disciplinary committee of a State Bar council shall fix a date
for the hearing of the case and shall cause a notice thereof to
be given to the advocate concerned and the Advocate-
General of the State.
Section 35 (3) Provides that the Disciplinary Committee
of a State Bar Council after giving the Advocate concerned
and the Advocate General on opportunity of being heard, may
make following orders, namely : -
a) Dismiss the complaint or where the proceedings were
initiated at the instance of the State Bar Council, direct that
the proceedings be filed;
b) Reprimand the advocate
c) Suspend the advocate from practice for such period as it
may deem fit ;
d) Remove the name of the advocate from the State roll of
advocates.
Where an advocate is suspended from practice as per
the order of disciplinary committee he shall during the period
of suspension, be debarred from practicing in any court or
before any authority or person in India.

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Case Laws:
(i). Allahabad Bank Vs. Girish Prasad Verma
Facts: A complaint was lodged by the Allahabad Bank against
its advocate Girish Verma stating that the advocate was given
52 suits for filing and accordingly paid him the requisite court
fee that was required for the same. The Advocate Girish
Verma filed 50 out of 52 suits and misappropriated the court
fees paid to him for the remaining 2 suits.
Held: The disciplinary committee of the Uttar Pradesh Bar
Council held that the advocate had misappropriated the court
fee paid to him by the complainant and hence ordered for
striking off the advocates name from the roll of Uttar Pradesh
Bar Council. It further held that “The legal profession is a
noble profession and its members must set an example of
conduct worthy of emulation.”
(ii). V. C. Rangadurai Vs. D. Gopalan
Facts: The advocate Mr. V.C. Rangadurai did not disclose
conflicting interest to his client and kept him in dark. By doing
this, the advocate deceived his client who had placed his trust
with him. The disciplinary committee found the advocate
guilty and suspended him for a period of six years. The same
order was challenged in the Supreme Court.
Held: The Supreme Court of India upheld the order passed by
the disciplinary committee as there was no doubt regarding
the advocates misconducts but reduced the punishment from
six years to one year.
(iii). Rajendra Pai Vs. Alex Fernandes

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Facts: In a land acquisition matter the advocate along with

150 villagers filed a complaint. The advocate too was an
interested party in the class action suit. The matter was
settled and a compensation was given to the complainants.
The advocate identified some claimants in opening a bank
account wherein the amount of compensation was drawn. The
said amount was withdrawn upon false identification. The
disciplinary committee held that advocates name from the
State roll and Bar Council of India shall be removed
permanently.
Held: The order was then challenged in the Supreme Court
wherein the disciplinary committee’s order was slightly
modified. The Supreme Court was of the opinion that the
punishment given was quite disproportionate to the facts and
circumstances. It further stated that “Debarring a person from
pursuing his career for his life is an extreme punishment and
calls for caution and circumspection before being passed”. It
reduced the punishment and directed that the advocate shall
be suspended for a period of seven years.
(iv). Joginder Singh vs Bar Council Of India
Facts: In the present matter the advocate was convicted
under section 473 of IPC. There were various other criminal
proceedings pending and that the advocate Mr. Joginder
Singh was out on bail. All these facts were concealed by him
while entering his name in the state bar roll. When the
advocate filed an application to the Bar Council of India to
transfer his name from U.P. Bar Council to Bar Council of

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Delhi. The Bar Council of India learnt about such concealment

and issued a notice for striking of the advocate’s name. The
disciplinary committee passed an order of barring the
advocate from practicing in any court and removed his name
from the roll.
Held: The advocate being aggrieved by the order of the bar
council appealed in the Delhi High Court. The Delhi High
Court was of the opinion that there was no interference
required in the said matter as the order passed by the bar
council was in accordance with the evidence, facts and
circumstances. Thus, the appeal was rejected and the order of
the disciplinary committee was upheld.
(v). John D’Souza vs Edward Ani [1994 AIR 975]
Facts: Mrs. Mary Raymond was a client of the appellant and
had got her will drafted by him. She further kept the will in the
appellant’s custody itself for execution. Mrs. Mary Raymond
had appointed her husband as the executor of the will but
unfortunately her husband passed away in the year 1974.
Hence, she wished to make changes in the previous will and
register a new one. Upon demanding the same, the appellant
did not return the same.
Mrs. Mary Raymond sent two letters claiming her
previous will back but both her letters were ignored.
Therefore, she was compelled to make an another will with Mr.
George DaCosta. Even Mr. George DaCosta asked the
appellant to return his client’s previous will that was in his

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custody to which the appellant blatantly denied and said that

he does not have any will with him.
Later, after Mrs. Mary Raymond’s death her son-in-law
filed a complaint in the State bar council against the advocate
i.e. the appellant. The said complaint was dismissed. An order
or revision was obtained by the complainant and the matter
was again placed before the State Bar Council who again
dismissed the complaint stating there was no misconduct
committed by the advocate. Aggrieved by such an order the
complainant filed an appeal before the Bar Council of India
who set aside the State Bar Council’s order and suspended
the Advocate for a period of one year.
Held: On being aggrieved by such an order the advocate Mr.
John D’Souza filed an appeal before the Supreme Court of
India. After hearing the matter in detail, the Supreme Court
was of the opinion that there was no evidence to prove that
the will was returned upon the demands made and that the
advocate had no right to withhold the will instead it was his
duty to return the same when asked as the will was placed in
his hands with the trust of his client. Hence, the order of the
disciplinary committee of the Bar Council of India was upheld.
Conclusion
The advocates play a significant role in the Judicial
system. It is important for an advocate to discharge it’s
responsibilities in a precise and efficient manner. Being in the
legal profession and a officer of the court, an advocate is

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required to maintain high standards and uphold the dignity of

the judicial office.
Any misconduct of an advocate shall not be tolerable as
this shall affect the trust and attitude of the people towards
the judicial environment. In order to ensure that such
irresponsible and irrational behaviour does not go unpunished
a disciplinary committee has been set up and given powers to
conduct such matters involving fraud, misconduct and
cheating committed by an advocate towards his own client.

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