At that stage, the appellant produced objection letter against the proposed sale deed and objected for registration of the said sale deed on the ground that the complainant did not have full ownership of the proposed land and the market value was also shown less in the said sale deed. 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. No service will be too small in making the system efficient, effective and credible.” In the case of SC Bar Association v. Union of India, it has been held that professional misconduct may also amount to Contempt of Court. 4/12/2014 2 3. 156 of 2007 # 151 (2008) DLT 695 (Del., DB) # (1998) 4 SCC 409 # (2002) 4 SCC 21 # (2009) 8 SCC 106 # [1997] RD-SC 87 # 1995 2 SCC 584 # 2003(1)ALLMR(SC)1169 # 1984 CriLJ 340 # 1998 8SCC 624 # 1995 1 SCR 304 # 1995 CriLJ 2910 # Supra 8 # AIR 2002 SC 1808 # AIR 2002 SC 548 # Supra 2, Submit your Article by using our online form 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. The Supreme Court has, in some of its decisions, elucidated on the concept of ‘misconduct’, and its application. (1) No advocate and solicitor shall wilfully and knowingly act as agent in any legal proceedings of any kind or in any matter which under this Act can be done only by an advocate and solicitor who has a valid practising certificate for another advocate and solicitor who does not have a valid practising certificate or permit his name to be made use of in any such proceedings or matter on the account or for the profit … As per him, the complainant was not authorised to sell the property without repaying his debt. Chaudhary v. State (Delhi Administration. 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 Article 19(1)(a). In this context, it may be pointed out that under Section 24(A) of the Act 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. 51. He submitted that the law is that a lawyer who has accepted a Vakalat on behalf of a client must attend Court and if he does not attend Court it would amount to professional misconduct and also contempt of court. Belmont Lay | September 23, 2020, 04:16 PM . Complaints against advocates and solicitors. he was found guilty of gross professional mis-conduct by taking the benefit himself of a forged and fabricated document which had been prepared at his behest. Depending on the profession a person undertakes, he/she is identified with a special name relevant to the profession. 1.1. Hanuman Das Khatry,[1] 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 he suit is pending accepts bribes, and asked for Rs. 1 from practising for a period of three years, has failed to take note of gravity of the misconduct committed by respondent No. However the intention of the legislature to uphold the dignity of the profession and to preserve the moral etiquette among legal practioners have been largely achieved by the Act. Finally the Supreme Court upheld High Court’s verdict making Anand guilty on the same count. v. Dr. Tarakeshwar Prasad Shaw : 1998 8SCC 624 16) Indian Council of Legal Aid and Advice v. Bar Council of India. Till this stage, there is no quarrel and there is no allegation against the appellant as far as his conducting the said Suit is concerned.However, the complainant further alleged that owing to family crises, the complainant suffered some financial crunch in the month of April, 2003, and he decided to sell his share of land to one Mr. Narsinghmal, son of Surajmal, for a sum of Rs.30,000/-and for the purpose of registration of sale deed, he produced the earlier sale deed before the office of the Deputy Registrar, Dantewada. 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. Where any notice is issued to the Advocate-General under sub-section (2), the Advocate-General may appear before the disciplinary committee of the State Bar Council either in person or through any advocate appearing on his behalf. Professional Discipline & Regulatory Solicitors (Lawyers) If you are a member of a professional body, from a surveyor to an osteopath, a legal executive to a dentist or an accountant, you may find yourself under investigation at some point in your career from your professional body. 1 be debarred from practising as an advocate for a period of two years from the date of the service of the order. It is an independent body, and hence independent of the Malaysian Bar. Advocates Act, 1961. 21) Sambhu Ram Yadav v.Hanuman Das Khatry; supra 2 # AIR 1992 S 2188 # (2001) 6 SCC 165 # 2004 AIR 2440 # 2001 AIR SC 2028 # AIR 1976 SC 242 # Appeal No. Both as a leading member of the intelligentsia of the society and as a responsible citizen, the lawyer has to conduct himself as a model for others both in his professional and in his private and public life. Appeal No. 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. Whilst you may name a firm, it will delay the processing of your complaint as the Secretariat would have to first request the firm to identify the advocate & solicitor concerned. 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. Your email address will not be published. (6) The Student Disciplinary Committee shall not be bound to act in a formal manner and may determine its own procedures. 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. Strike As Misconduct Ex-capt. The term may also include wrongful intention, which is not a mere error of judgment. ... For the purposes of disciplinary actions, all advocates shall be subject to the control of the Sabah Advocates Disciplinary Board. Register of Disciplinary Action – the Legal Services Commissioner’s index of disciplinary action taken against barristers and solicitors in NSW. Bar Association Decisions – inspect a list of recent Bar Council, tribunal and court decisions concerning disciplinary action taken against legal practitioners. SCC 584 13) Ex-capt. The Advocates Act, 1961 as well Indian Bar Council are silent in providing exact definition for professional misconduct because of its wide scope, though under Advocates Act, 1961 to take disciplinary action punishments are prescribed when the credibility and reputation on the profession comes under a clout on account of acts of omission and commission by any member of the profession. They supersede the former part 1200 (Disciplinary Rules of the Code of Professional Responsibility). The Solicitors Disciplinary Tribunal (SDT) is an independent statutory tribunal. 54. To find out if a lawyer is enrolled with a State Bar Council, you can file an application under the RTI Act for the same. The Tribunal adjudicates upon alleged breaches of the rules and regulations applicable to solicitors and their firms, including The Solicitors' Code of Conduct 2007, the SRA Code of Conduct 2011, and the SRA Principles 2011 . Welcome to the Solicitors Disciplinary Tribunal. It was held that “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 member of the calling of justice to obey rules or morality and utility.” 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. 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. His justification for raising objection, therefore, was that since the land was being sold without clearing his debt, it could not be done. Misconduct is a sufficiently wide expression, and need not necessarily imply the involvement of moral turpitude. In the instant case respondent No. 1995 CriLJ 2910. From the complaint which was lodged by the complainant before the State Bar Counsel it can be discerned that his allegation was that there was a family dispute, i.e., between the complainant and his brothers, in respect of a property which was in the name of their father and was an ancestral property. An advocate shall not, directly or indirectly, bid for or purchase, either in his own name or in any other name, for his own benefit or for the benefit of any other person, any property sold in the execution of a decree or order in any suit, appeal or other proceeding in which he was in any way professionally engaged. But he did not return it to the client to whom it was payable nor did he inform the client about the receipt of the amount. 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