HAMDARD INSTITUTE OF LEGAL STUDIES AND RESEARCH,

SCHOOL OF LAW, JAMIA HAMDARD

Defining the scope of professional misconduct in Light of

judicial pronouncements

SUBMITTED TO-
MR. MOHD YASIN
GUEST FACULTY (LAW)

SUBMITTED BY-
Name- HAYA FATIMA
Sec- A
Roll No.- 2020-342-038
Exam Roll No.- 20342038
th
7 Semester, B.A.LL.B. (Hons.)

CLINICAL LEGAL COURSE-I

PROJECT SUBMISSION FOR INTERNAL ASSESSMENT

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 ACKNOWLEDGEMENT

Firstly, I would like to express gratitude to my professor Mr. Mohd Yasin who provided me with
the opportunity to do this project and also helped me in completing the project. The project
helped me in broadening my knowledge regarding the topic; I came to know about so many new
things. I am really thankful to him.

Secondly, I would like to thank my parents, who helped me a lot in finalizing this project within
the prescribed time frame.

And lastly, I would like to thank my friends who helped me a lot in gathering different
information, collecting data from varied resources.

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 CONTENTS

Page no.

1) Introduction 2
2) Advocates Act, 1961 3
3) Contempt of Court as professional misconduct 4
4) Case Laws 4-5
5) Professional ethics of an Advocate 5-6
6) Advocate’s ethics towards his client 6
7) Advocate’s ethics towards the court 6-7
8) Conduct of advocates 7-8
9) Disciplinary committee 8-11
10) Prescribed code of conduct for advocates 11
11) Conclusion 12

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Introduction

Envision the legal profession as an esteemed institution, akin to an exclusive and sacred
commitment. Analogous to any esteemed organization, it adheres to a set of rules or standards
that its members are obligated to uphold. These guidelines delineate the expected conduct while
discharging their professional duties. However, the conundrum lies in the fact that, on occasion,
individuals within the legal fraternity deviate from these stipulations. This departure is not
exclusive to the legal domain but extends to various professions.

In more straightforward terms, professional misconduct denotes actions within the professional
sphere that diverge from the anticipated ethical standards. It involves contravening the
established regulations of the professional arena. According to Black’s Dictionary, it
encapsulates breaching clear and unequivocal rules, engaging in prohibited activities, failing to
execute one's duties appropriately, engaging in unlawful behavior, or comporting oneself in a
manner deemed improper.

Delving into the nuanced intricacies, the Advocates Act of 19611 and the Indian Bar Council,
akin to the guiding principles for legal practitioners, refrain from offering an overly explicit
definition of professional misconduct. This decision stems from the broad spectrum it
encompasses. Despite not delineating every facet in minute detail, they unequivocally assert that
any action by a lawyer detrimental to the esteemed standing of the legal community will result in
repercussions. These repercussions manifest in the form of punitive measures outlined within the
Advocates Act.

In essence, professional misconduct mirrors a breach of the principles governing an esteemed

professional community. Should legal practitioners transgress; the prescribed penalties serve to
safeguard the integrity and honour of the professional milieu, akin to preserving equity and
dignity within the professional landscape.

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Advocates Act, 1962, An Act to amend and consolidate the law relating to the legal practitioners and to provide for
the constitution of Bar Councils and an All-India Bar.

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Advocates Act, 1961

The provisions of Section 35 of the Advocates Act, which are as follows, address professional
misconduct by Indian attorneys and advocates:

If a person is found guilty of professional misconduct, the case will be referred to a disciplinary
committee, a hearing date will be set, and the Advocate and the Advocate General of the State will be
given a show-cause notice, after hearing from both parties, the State Bar Council’s disciplinary
commission. The disciplinary committee of the State Bar Council, after being heard of both the parties,
may:

 Dismiss the complaint, or where the proceedings were initiated at the instance of the State Bar
Council, directs that proceedings be filed;
 Reprimand the advocate;
 Suspend the advocate from practice for such a period as it deems fit;
 Remove the name of an advocate from the state roll of advocates.

There are multiple kinds of misconduct, thus this expression must be considered broadly to extend the
meaning under natural law. It is not justified to limit their natural meaning. The Bar Council of India has
the authority to establish guidelines and standards for professional misconduct under Section 49 of the
Advocate Act. According to the Act, it is against the advocate’s code of ethics for anybody to make
advertisements or solicitations. Additionally, he is not permitted to use the name or service for unlawful
purposes, demand payment for training, or place advertisements in publications, personal
communications, or interviews.

Misconduct is broad enough to cover both misfeasance and malfeasance, and it applies to professionals. It
also covers unprofessional acts, even if they are not always wrong. Any behaviour that has the potential to
reflect poorly on the legal profession or damage the positive perception that the public should have of it
constitutes professional misconduct.

The Supreme Court ruled in State of Punjab v. Ram Singh2case that “misconduct can include moral
turpitude, must be improper or wrong behaviour, unlawful behaviour, wilful behaviour, a forbidden act, a
violation of an established and clear rule of action or code of conduct, but not just a mistake of
judgement, carelessness, or negligence in the performance of duty.”

Contempt of court as professional misconduct

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State of Punjab v. Ram Singh 1992 AIR 2188, 1992 SCR (3) 634

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Contempt of court may be defined as an offence of being disobedient or disrespectful towards the court or
its officers in the form of certain behaviour that defies the authority, justice, and dignity of the court. In
various cases involving contempt of court, the court held that if any advocate or legal practitioner is found
guilty of the act of contempt of court, he/she may be imprisoned for six years and may be suspended from
practicing as an advocate In re Vinay Chandra Mishra3. The court also held that license of the advocate
to practice a legal profession might be canceled by the Supreme Court or High Court in the exercise of the
contempt jurisdiction.

There have been numerous additional significant rulings concerning instances of professional misconduct
by attorneys. The court in V.C. Rangadurai v. D.Gopalan4 examined the issue of professional misconduct
in such a way that the judgement was rendered in a humane manner, taking the accused’s future into
consideration. Even yet, the court declared, “justice has a corrective edge, a socially beneficial purpose,
especially if the offender is too old to be pardoned and too young to be disbarred. Therefore, given the
social environment of the legal profession, a remedial punishment that is not cruel must be administered.

The court then rendered a ruling after carefully considering each and every element of the case as well as
the parties involved. It established a deterrence style of justice such that the accused individual receives
certain sanctions but also served as a message to others who could be planning similar crimes.

The verdict proved to be a turning point in cases involving professional misconduct since it gave a
successful verdict without endangering the accused person’s future. The court delivered the ruling in a
number of other cases, such as J.S. Jadhav v. Musthafa Haji Muhammed Yusuf 5 in a manner that gave
the wrongdoers the impression that offenders will be punished accordingly.

Case laws

In Sambhu Ram Yadav v. Hanuman Das Khatry 6, the appellant filed a complaint with the Rajasthan Bar
Council against an advocate alleging that while acting as counsel in the case, the advocate wrote a letter
alleging that the judge in question accepts bribes and requested Rs. 10,000 to acquire the judge’s favour.
The Disciplinary Committee declared the advocate to be completely unsuitable to be a lawyer after
finding the advocate guilty of “misconduct” The Rajasthan Bar Council’s conclusion that the legal
profession is not a trade or business was upheld by the Supreme Court.

3
re Vinay Chandra Mishra AIR 1995 SC 2348
4
V.C. Rangadurai v. D.Gopalan 1979 AIR 281, 1979 SCR (1)1054
5
J.S. Jadhav v. Musthafa Haji Muhammed Yusuf 1993 AIR 1535, 1993 SCR (2)1006
6
Sambhu Ram Yadav v. Hanuman Das Khatry 26 July, 2001

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Members of the profession have a special responsibility to uphold to ensure that justice is carried out
legally, it is important to maintain the integrity of the profession and to deter corruption. The advocate’s
actions were extremely improper because they not only interfered with the administration of justice but
also damaged the profession’s standing in the eyes of the general public.

Bar Council of Maharashtra v. M.V. Dahbolkar 7, the facts under consideration involved advocates
positioning themselves at the entrance to the Magistrate’s courts and rushing towards potential litigants,
often leading to an ugly scrimmage to snatch briefs and undercutting of fees.

The Disciplinary Committee of the State Bar Council found such behaviour to amount to professional
misconduct, but on appeal to the Bar Council of India, it was the Bar Council of India absolved them of
all charges of professional misconduct on the ground that the conduct did not contravene Rule 36 of the
Standards of Professional Conduct and Etiquette as the rule required solicitation of work from a particular
person with respect to a particular case, and this case did not meet all the necessary criteria, and such
method of solicitation could not amount to misconduct.

This approach of the Bar Council of India was heavily reprimanded by the Supreme Court. It was held
that a restrictive interpretation of the relevant rule by splitting up the text does not imply that the conduct
of the advocates was warranted or justified. The standard of conduct of advocates flows from the broad
cannons of ethics and high tome of behaviour.

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.

Professional ethics of an advocate

Professional ethics includes a moral code that governs how those working in the legal field and in the
practise of law should behave. The court and the administration of justice are the two entities to which
every member of the legal profession owes a supreme responsibility. In situations where there may be a
conflict of duties, this duty takes precedence over all others.

Legal professionals must conduct themselves honourably, help the court in a responsible manner, and
foster public trust in the legal system. They are obligated and expected to conduct themselves with

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Bar Council of Maharashtra v. M.V. Dahbolkar 1976 AIR 242, 1976 SCR (2) 48

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decency and integrity when performing their duty toward other lawyers. In addition to being experts in
their fields, attorneys serve as officials of the court and are essential to the administration of justice.

The set of guidelines that govern their professional behaviour consequently result from the obligations
they have to the court, their client, their adversaries, and other advocates. Chapter II, Part VI of the Bar
Council of India Rules contains regulations on the professional standards that an advocate must uphold.
In accordance with section 49(1)(c) of the Advocates Act of 1961, these Rules have been established.

Advocate’s duties towards his client

1. Bound to accept briefs.

2. Not withdraw from service.
3. Not appear in matters in which he is a witness.
4. Full and frank disclosure to the client.
5. Uphold the interest of the client.
6. Not suppress any material of evidence.
7. Not disclose any information about his client and himself.
8. Not receive any interest in the actionable claims.
9. Not charge depending on the success of matters.
10. Keep proper accounts etc.

Advocate’s duty towards the court

Act in a respectable way

An advocate must conduct himself with dignity both during the course of his case and when appearing
before the court. He ought to act with respect for himself. The advocate has an obligation to report his
complaint to the appropriate authorities whenever there is a reason to do so regarding a judicial officer.

Honour the court

The advocate must treat the court with respect. He or she must keep in mind that a free community cannot
survive without the dignity and respect shown to judicial officials.

No private communications

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The advocate shouldn’t speak privately with the judicial officer about any case that is currently before the
court. The advocate shall not use illegal or unethical means, such as threats, bribes, or coercion, to affect a
court’s decision in any matter.

Refusal to act in an illegal manner towards the opposition

An advocate shouldn’t behave improperly toward the opposing counsel or party. He must make every
attempt to prevent his client from acting improperly, illegally, or unfairly against the court, the opposing
counsel, or the other party.

Refusal to represent clients who demand to engage in any unethical behaviour

When a client insists on utilising unethical or improper tactics, the advocate must decline to represent
them. He must speak with respect when communicating with others and making arguments in court.
During the pleadings, he must refrain from slanderously harming the parties’ reputations.

Appear in the appropriate attire

The advocate must always appear in court while dressed appropriately in accordance with the Bar Council
of India Rules, and that attire must be presentable.

Not represent the establishment of which he is a member

An advocate is not allowed to testify in court on behalf of or in opposition to any organisation of which
he is a part. But this rule does not apply in the case of appointment as an ‘Amicus Curiae’ or without a fee
on behalf of the Bar Council.

Punishment for professional and other misconduct

A lawyer’s profession is meant to be a divine or sacred profession by all means. In every profession, there
are certain professional ethics that need to be followed by every person who is into such a profession. But
there is the fact that professional misconduct is a common aspect, not only in other professions but also in
advocacy also. In simple terms, it means certain acts done by persons who seem to be unfit for the
profession as well as which are against certain ethics in this field.

The term has been clearly defined in Black’s Dictionary as, the transgression of some established and
definite rule of action, a forbidden act, a dereliction of duty, unlawful behavior, improper or wrong
behavior. Its synonyms are misdemeanor, impropriety, mismanagement, offense, but not negligence or
carelessness.

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Conduct of advocates

Punishment of advocates for misconduct:-

(1) 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
of its disciplinary committee.

(1A) The State Bar Council may, either of its own motion or on the application made to 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.

(2) The disciplinary committee of a State Bar Council shall fix a date for the hearing of the case and
notice thereof to be given to the advocate concerned and to the Advocate General of the State.

(3) The disciplinary committee of a State Bar Council after giving the advocate concerned and the
Advocate-General and opportunity of being heard, may make any of the following orders, namely-

 Dismiss the complaint or, where the proceedings were initiated at the instance of the State Bar
Council, direct that the proceedings be filed.
 Reprimand the advocate
 Suspend the advocate from practice for such periods as it may deem fit.
 Remove the name of the advocate from the State roll of advocates

(4) Where an advocate is suspended from practice under clause (c) of sub-section (3) he shall, during the
period of suspension, be debarred from practicing in any court or before any authority or person in India.

(5) 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.

Disciplinary committee

A person or group of individuals who have the authority to consider matters and proceedings involving
the professional misbehavior of an advocate upon a complaint, revision, or suo motu is referred to as a
discipline committee. The primary purpose of the disciplinary committee is to monitor the observance of
professional ethics and standards by the members of the bar council of India or the bar council of any
state.

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Powers of the disciplinary committee

Section 42 of the Advocate’s Act, 1961 provides powers of the disciplinary committee. The section states
that the disciplinary committee shall have the same powers as vested in a civil court as per the Code of
Civil Procedure, 1908 which are as follows:

 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 from any court or office.
 Issuing commission for the examination of witnesses or documents.
 Any other matter which may be prescribed.

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 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.

Regarding situations involving the professional misconduct of the advocates, there have been various
landmark judgments. The court in V.C. Rangadurai v. D.Gopalan8 examined the issue of professional
misconduct in such a way that the judgment was rendered in a humane manner, taking the accused’s
future into consideration. Even yet, the court declared, “justice has a corrective edge, a socially beneficial

8
V.C. Rangadurai v. D.Gopalan 1979 AIR 281, 1979 SCR (1)1054

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purpose, especially if the offender is too old to be pardoned and too young to be disbarred. Therefore,
given the social environment of the legal profession, a remedial punishment that is not cruel must be
administered.

The court then rendered a ruling after carefully considering every aspect of the case, including Even yet,
the court declared, “justice has a corrective edge, a socially beneficial purpose, especially if the offender
is too old to be pardoned and too young to be disbarred. Therefore, given the social environment of the
legal profession, a remedial punishment that is not cruel must be administered.

The court then rendered a ruling after carefully considering each and every element of the case as well as
the parties involved. It established a deterrence style of justice such that the accused individual receives
certain sanctions but also served as a message to others who could be planning similar crimes.

A curative, not cruel punishment has to be delivered in the social setting of the legal profession”. The
court then gave the decision in such a way that it looked at each and every aspect concerning the case as
well as the parties concerned. It adopted a deterrent was of justice mechanism so that the accused person
is awarded certain punishments but also provided a warning towards such other people who intend to
commit acts of a similar nature. The judgment turned out to be a landmark in cases concerning
professional misconduct as it delivered an effective judgment.

The decision proved to be a turning point for instances involving professional misconduct since it offered
a strong ruling without endangering the accused’s future. In numerous other cases, such as J.S. Jadhav v.
Musthafa Haji Muhammed Yusuf9 the court presented the ruling in a way that gave the wrongdoers the
impression that they would be punished appropriately.

Conclusion

The legal profession holds a revered status in society, deemed noble and esteemed. Professional
ethics stand as a cornerstone in this field, akin to any other vocation. Adherence to specific
professional standards becomes imperative to safeguard the honor of this distinguished
profession. Instances of misconduct arise when these standards are breached.

In the legal arena, it is not uncommon for a lawyer to encounter challenges such as losing a case
or experiencing disagreements with a client. Importantly, a mere loss or a client dispute is not, in
itself, grounds for filing a complaint against a lawyer. However, if a lawyer is found to engage in

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J.S. Jadhav v. Musthafa Haji Muhammed Yusuf 1993 AIR 1535, 1993 SCR (2)1006

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misconduct or malpractice, they may be held accountable. Initiating a complaint against a lawyer
is a weighty matter, signaling a serious concern.

Nevertheless, a lawyer found guilty of misconduct or malpractice can face legal consequences.
The act of filing a complaint against a lawyer should not be taken lightly, and one must be
unequivocally certain that their grievances involve professional misconduct.

BIBLIOGRAPHY

PRIMARY SOURCE:

1. Bar Council of India,

http://www.barcouncilofindia.org/about/professional-standards/procedure-for-
complaints-against-advocates/

Cases Referred:

 Vinay Chandra Mishra AIR 1995 SC 2348.

 C. Rangadurai v. D. Gopalan and ors 1979 AIR 281
 S Jadhav v. Musthafa Haji Muhammed Yusuf and ors 1993 AIR 1535

SECONDARY SOURCE:

Articles Referred:

 Indian Kanoon,| https://indiankanoon.org/doc/1460739/

 India, legal S. | Professional misconduct of lawyers in india , | Professional misconduct of
lawyers in India. Available at:
https://www.legalservicesindia.com/article/1665/Professional-misconduct-of-lawyers-in-
india.html | (Accessed: 01 December 2023).

 Smega Sony, | Professional Misconduct byAdvocates in India: A Critical study | 2020 |

Volume 1 Issue 1 |

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 |https://dejurenexus.com/wp-content/uploads/2021/01/PROFESSIONAL-
MISCONDUCT-BY-ADVOCATES-IN-INDIA-By-Smega-Sony-1.pdf |
 Ishaan Tyagi | Critical Analysis of Professioanl Misconduct by Advocates in India |
Volume 5 | 2020 | https://thelawbrigade.com/wp-content/uploads/2020/11/Ishaan-Tyagi-
IPLRJ.pdf
 Utkarsh Kumar | Professional Misconduct of Advocates in India | 2020 |
https://lexforti.com/legal-news/professional-misconduct-of-advocates-in-india/

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