Misconduct: Lawyer and Bar Council

Topics: Lawyer, Bar association, Advocate Pages: 14 (5494 words) Published: March 4, 2012
Professional Misconduct

An advocate is the most accountable, privileged and erudite person of the society and his act are role model for the society, which are necessary to be regulated. 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.[1] Professional misconduct refers to disgraceful or dishonourable conduct not befitting an advocate[2]. 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, proviso says, is relevant in this context. This proviso say, where on receipt of a complain 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. In depth the provisions are discussed in the later part. Generally legal profession is not a trade or business, it’s a gracious, the noble, and decontaminated profession of the society. Members belonging to this profession have not to encourage deceitfulness and corruption, but they have to strive to secure justice to their clients. The credibility and reputation of the profession depends upon the manner in which the members of the profession conduct themselves. It’s a symbol of healthy relationship between Bar and Bench. There is heavy responsibility on those on whom duties’ are vested by the virtue of being a part of my most credible as plausible profession of the society. The Advocates Act, 1961 as well Indian Bar Council are silent in providing exact definition for profession misconduct because of its scope, though under Advocate Act, 1961 to take disciplinary action punishment are prescribed when the credibility and reputation on the profession comes under a clout on account of acts of omission and commission any member of the profession.  

What Is The Code Of Conduct Prescribed For An Advocate?
The Bar Council Rules prescribe a strict code of conduct for advocates, it has to follow[3]: 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 practising in subordinate courts. 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 specialises in a particular kind of work, or that he is or was associated with any person or organisation or with any particular cause or matter. Not demand fees for training; An advocate is restrained from demanding any fees for imparting training to enable any person to qualify for enrolment. Not use name/services for unauthorised practice; An advocate may not allow his professional services or his name to be associated with, or be used for any unauthorised practice of law by any lay agency. Not enter appearance without consent of the advocate already engaged: an advocate is prohibited...

References: C. Rama Rao, Y. Vijayalakshmi Tayaru, Y. Nageswara Rao, Professional Ethics & Advocacy, Visakhapatnam : Gayatri Books, 1987.
Prassad Anirudh, Principles of the ethics of legal profession in India : accountancy for lawyers and bench-bar relations including contempt of court, Jaipur University Book House, 2004.
Rai. K., History of courts, legislature & legal profession in India, Faridabad : Allahabad Law Agency, 1985.
Krishnamurthy C, Legal Education and Legal Profession In India, International Journal of Legal Information, 36, no. 2, (2008): 245-26
[5] 151 (2008) DLT 695 (Del., DB)
[6] (1998) 4 SCC 409
[7] (2002) 4 SCC 21
[8] (2009) 8 SCC 106
[9] [1997] RD-SC 87
[10] (1995) 2 SCC 584
[13] MANU/SC/1313/1998 : (1998)8SCC624
[14] [1995]1SCR304
[19] (2001) 6 SCC 1. 165
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