- (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 to its disciplinary committee. Advocates have to maintain certain high standards - intellectual & ethical - for the upkeep of the dignity of the Bar as a professional group. simultaneously enquire into the professional misconduct also by adopting summery procedure. Section 35 empowers the disciplinary committee of the State Bar Council to punish an advocate for the professional or other misconduct. further describes the provision for punishment for any type of misconduct by the advocates. Chapter V of the Advocate Act, 1961, deals with the conduct of Advocates. In this case, the Constitution bench of the Court upheld the right of Bar Councils to try advocates for alleged professional misconduct. Punishment of advocates for misconduct. The punishment to remove from the Advocates Roll is awarded only in the cases where the misconduct is of such nature that the Advocate is unworthy of remaining in the profession. It held that Courts cannot suspend or revoke the licenses of advocates on their contempt and that the said power vests with the Bar Council. Section 35(1) of the Advocate Act, 1961, proviso says, is relevant in this context. In this blog post, Mr.Sreeraj.K.V, a student of Government Law College, Ernakulam, Kerala writes about Professional misconduct under Advocates Act, 1961.The post covers areas like the definition of the term misconduct, provisions under the Advocates Act as well as various important cases dealing with the matter. The term “professional misconduct” is a widely used term in the context of the legal profession. If an advocate Is found to be guilty of the offence he may be punished in the following ways: 1. Professional misconduct means wrong or improper conduct. Section 36 empowers the disciplinary committee of the Bar Council of India to punish an advocate for the professional or other misconduct. Keywords: legal malpractice, advocates, negligence, fiduciary duty, justice, legal service PROFESSIONAL MISCONDUCT BY ADVOCATES: A PORTRAIT OF MALPRACTICE I. The Advocates Act does not define the term but section 60 states that “the expression professional misconduct includes disgraceful or dishonourable conduct incompatible with the status of an Advocate.”Clearly the concept of professional misconduct is wide and the categories of behavior that would be considered as amounting to misconduct not closed. Introduction A lawyer’s profession is meant to be a […] According to Section 35 (1) of the Act, when the State Bar Council has a basis to believe that an advocate engaged in any act that makes him guilty of any sort of misconduct, they shall forward the matter to the disciplinary committee for disposal. Chapter IV Secs. 35 to 44. When an advocate was punished for contempt of court, can he appear thereafter as a counsel in the courts, unless he purges himself of such contempt if he cannot, then what is the way he can purge himself of such contempt? As well as the provisions related to punishment for professional as well as other misconducts. Advocates Act, 1961 35. INTRODUCTION Today you enter upon the practice of an age-old profession, a profession dedicated to the service of your God, your country and your fellowman. 35. Watch Queue Queue. Professional and other misconduct, Principles for determining misconduct, Disciplinary Committees of State Bar Council and the Bar Council of India, Punishment of advocates for misconduct, Appeals to the Supreme Court, Chapter – V – Secs. In the present case, therefore, from the punitive angle, the deterrent component persuades us not to interfere with the suspension from practice reduced “benignly” at the appellate level to one year. 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