In the legal profession, integrity and ethical standards form the backbone of public confidence in the justice system. The term “Professional Misconduct” refers to unacceptable or improper behavior by a legal professional that violates the code of conduct expected of them. In India, this concept is governed primarily under the Advocates Act, 1961, especially under Section 35 which lays down provisions for disciplinary action against an advocate found guilty of professional misconduct.
Meaning of Professional Misconduct
Professional misconduct is any act or omission by an advocate that brings disrepute to the legal profession or breaches the ethical and professional standards expected from an advocate. It involves:
- A deliberate violation of law or procedure
- Breach of professional duty towards clients, courts, or colleagues
- Acts that damage the dignity and discipline of the legal profession
The Bar Council of India (BCI) has laid down a comprehensive Code of Ethics and Standards of Professional Conduct to be followed by all practicing advocates.
Legal Provisions under the Advocates Act, 1961
Section 35 – Punishment for Professional Misconduct
- When an advocate is found guilty of professional misconduct, the State Bar Council refers the matter to its Disciplinary Committee.
- After conducting an inquiry, the committee may:
- Dismiss the complaint
- Reprimand the advocate
- Suspend the advocate from practice
- Remove the advocate’s name from the State roll (disbarment)
Examples of Acts Considered as Professional Misconduct
The following acts are widely recognized as forms of professional misconduct:
- Misappropriation of client funds
- Non-disclosure of conflict of interest
- Representing conflicting parties
- False declarations or perjury
- Abusive behavior in court
- Tampering with evidence or witnesses
- Advertising and soliciting clients
- Practicing law without proper enrollment
- Failure to appear in court without sufficient reason
Important Judicial Pronouncements
1. Re Vinay Chandra Mishra (1995)
- The Supreme Court observed that professional misconduct includes any act which tends to bring disgrace or discredit to the profession.
2. P.D. Khandekar v. Bar Council of Maharashtra (1984)
- Held that an advocate should not exploit the confidence reposed in him by his client and any misuse of this faith amounts to professional misconduct.
3. T.V. Choudhary v. State of Andhra Pradesh (1995)
- Advocates misusing their position to influence public servants or judicial officers is considered gross misconduct.
Bar Council of India Rules – Chapter II (Standards of Professional Conduct and Etiquette)
These rules guide an advocate’s conduct in various domains:
Duties towards the Court
- Behave with dignity and respect
- Refuse to act in an illegal or improper manner
- Not influence the decision of a court by any illegal or improper means
Duties towards the Client
- Maintain client confidentiality
- Not withdraw from engagement without sufficient cause
- Not accept fees contingent on the outcome of a matter
Duties towards Opponents and Colleagues
- Not to communicate privately with a judge regarding a pending case
- Extend professional courtesy to fellow advocates
- Avoid using offensive language
Disciplinary Mechanism
1. State Bar Councils
- Receive complaints and hold inquiries through their disciplinary committees
2. Bar Council of India (BCI)
- Hears appeals from decisions of State Bar Councils
- May itself initiate disciplinary action in certain cases
Consequences of Professional Misconduct
- Suspension from legal practice
- Disbarment (permanent removal from the roll)
- Damage to professional reputation
- Legal consequences such as civil suits or criminal charges
Preventive Measures
- Proper legal education and training
- Regular updates on ethics and conduct rules
- Establishment of grievance redressal systems
- Awareness programs for advocates on professional responsibilities
Conclusion
Professional misconduct erodes the very foundation of the legal profession. It not only affects the client–advocate relationship but also undermines the authority of the courts and public faith in the justice system. Strict compliance with the Advocates Act, 1961, and Bar Council Rules is essential to uphold the sanctity of the legal profession. The profession demands the highest level of honesty, ethics, and responsibility. Disciplinary bodies must function impartially and promptly to deal with breaches, ensuring accountability and professional discipline.
Code to Remember the Concept – “CARE LAW”
| Code Word | Meaning |
|---|---|
| C | Client misrepresentation or fund misappropriation |
| A | Abuse of court procedures or contempt |
| R | Rules of Bar Council violated |
| E | Ethics breached or evidence tampered |
| L | Legal profession’s dignity undermined |
| A | Advertising or touting services |
| W | Withdrawal from engagement without just cause |