CLINICAL

ADVOCATES ACT – STANDARDS OF PROFESSIONAL CONDUCT AND MAJOR CASE LAWS REGARDING
MISCONDUCT.

Fundamental prerequisite of any profession is good ethics. Ethics denotes to human behaviour to
make decisions between what is correct and what is wrong. Professional ethics are those set code or
moral principles that govern a person's conduct in a professional workplace or work life. In the legal
profession, a lawyer must obey to professional codes for fair dealing with the client and uphold the
self-possession. The Indian government has established a statutory body known as The Bar council
of India under the Advocate Act,1961.

Advocate Act, 1961

It was introduced to implement the recommendations of the All-India Bar Committee and taking into
account the Law Commission's recommendations relating to the legal profession. The Parliament has
established The Bar Council of India under section 4 of The Advocate Act,1961. As per section 7(1)(b)
the council has to lay down standards of professional conduct and etiquette for advocates. And
section 49(1)(c) allows the bar council of India to make rules as to suggest the standard of
professional conduct to be observed by advocates.

Duties of Advocates to courts are:

# to maintain a respectful attitude and dignity towards courts.

# not to impact on the decision of a court by any unlawful or inappropriate means.

# use his best effort to avoid his client from doing unfair practices.

# to appear in the court in the prescribed dress, and a presentable manner.

# to wear bands or gown in courts only or ceremonial occasions and not in public places.

# not to plead in any matter in which he is himself interested.

unishment For Professional Misconduct

As per section 35 of the Advocate Act,1961 if a person is found guilty of professional misconduct
then the case will be referred to a disciplinary committee, then they fix a date of hearing and issue a
notice to the Advocate. Then the disciplinary committee of the State Bar Council, will hear both the
parties, the court may:
# Dismiss the complaint,
# warning to advocate;
# suspend the Advocate from practice for certain period of time;
# remove the name of an advocate from the state roll of advocates.

n article regarding the professional misconduct of lawyers in India, with landmark judgments on
professional miscond