Topic Misconduct arising out of breach of duty towards client

Judgement ADVOCATE MISCONDUCT RESULTS IN EX-PARTE ORDER AGAINST CLIENT

Case : Smt. P. Pankajam v. B.H. Chandrashekhar - BCI Tr. Case no.86/1992

Complainant :- Smt. P. Pankajam

Respondent advocate :- B. H. Chandrashekaran

Roll No. Name Class Year

106 Shruti C. Thakur FYLLB 2023

107 Vikas Shamrao Thakur FYLLB 2023

 Objectives
01 02 03 04

Understand the Analyse the Identify the body Undergo crucial

meaning and various instances or authority analysis of the
ambit of of professional empowered to provision of
professional misconduct with punish for misconduct under
professional advocate act 1961
misconduct by reference to case
misconduct
lawyers under law
advocate act 1961
 Concept and Meaning
Professional Misconduct
 In law professional misconduct means an act done wilfully with wrong intention by the
people engaged in the profession.

 It means any activity or behaviour of an advocate in violation of profession ethics for his
selfish end.

Ex-Parte
Under Order 9, Rule 6 (1) (a) CPC, the court may proceed ex-parte and pass an ex-parte decree
when it deems fit that the defendant has absent himself from the court on the date of hearing
stated in the summons served to him in accordance with the provisions of the Code
Advocate duty towards the Clients (Rule 11-33):
A client is entrusting a case with an Advocate because of his trust and confidence on him. The Bar
Council of India rules 11-33 prescribes the following duties as duty to the client:

 He shall give advice to his client honestly and in good faith.

 He should attend the court on every day fixed for hearing of his client’s case.

 He shall not disclose any matter communicated to him in his professional capacity to any other person
without the consent of his client.
Misconduct arising out of breach of duty towards client:
 Giving improper advice to clients.

 Non-performance of duty to fearlessly uphold interest of his client.

 Client confidential documents should not hand over to third person except the party.

 Not taken interest in protecting the interests of client.

Bar Councils – Functions and power of State Bar Council of India & Bar Council of India
Section 6 clause 1 ( c ) Function of State Bar Council – To entertain and determine cases of misconduct
against the advocates.
Section 7 clause 1 (f) To deal with and dispose of any matter arising under this act, which may be referred to
it by State Bar Council of India.
Section 35 Punishment of advocate for misconduct
 Complaint filed by P. Pankajam in State Bar Council of India.
 The DC of the SBC proceeded to record the state of the parties.
 After one year case was transferred to BCI as the enquiry could not completed.
Section 36 Disciplinary powers of Bar Council of India
Following action taken on respondent advocate :
 Examine the facts and evidence by Bar Council of India.
 Helped the opposite party.
 Intentionally stayed away from the proceedings.
 Allowed the ex-parte order to be passed against the complainant.
 Found guilty of profession misconduct.
 BCI suspended the advocate from practice for a period of two years.
Facts
 Complainant Smt. P. Pankajam filed a case against her advocate alleging misconduct in SBC.

 Advocate accepted the brief and received the payment.

 Advocate did not attend any proceedings.

 As a result, Smt. P. Pankajam had lost the case under Ex-Parte.

Judgement
 The Disciplinary Committee of Bar Council of India held that the advocates conduct in not
appearing before the court was an intentional and deliberate act.

 The committee held the respondent advocate guilty of profession misconduct.

 BCI ordered that he (Respondent Advocate) be suspended from practice for a period of two
years.
 Crucial Analysis
Impact of misconduct of an advocate towards society:
 Non-appearance of the respondent advocate cause great damage to the complainant.

 Intentionally advocate stay away from proceedings for his self-interest.

 Advocate shared complainant documents of confidential nature to third party.

 Misconduct of advocate result in complainant had to vacate the residential premises

and she was thrown out on the road unaware of the fate of the case.
Implication of professional conduct of an advocate :
 Regular appearance of the respondent advocate could help the complainant in better
way.

 Complainant could have entered the compromise with her landlord.

 Complainant would appear and filed the compromise deed in the court
 Advocate could have saved her residence premise and her shelter remain intact.