⎯ Professional misconduct refers to actions or omissions by an advocate that violate professional ethics, laws, or the standards prescribed under

the Advocates
Act, 1961 and the Bar Council of India Rules. ⎯ The Chapter V of the Act governs the conduct of advocates in India. ⎯ Professional misconduct refers to acts
deemed unfit for the profession and contrary to ethical standards in the field. It involves intentional actions for unlawful gain and violates established rules or
duties. ⎯ Black's Law Dictionary defines misconduct as the transgression of a defined rule, involving improper or unlawful behaviour, and includes synonyms like
misdemeanour, impropriety, and mismanagement, but excludes negligence or carelessness. Misconduct encompasses acts unlawful by nature, even if not
inherently wrongful. The term “unprofessional conduct” was used under the Legal Practitioners Act, 1879, preceding the Advocates Act, 1961, though the latter
lacks a precise definition of 'misconduct.' Practical Training – I Professional Ethics and Professional Accounting System Page 48 of 79 (((⎯ Examples of professional
misconduct include: o Dereliction of duty ▪ In V.C. Ranga Durai v. D. Gopalan (1978)21, the Hon’ble Supreme Court emphasised that a lawyer entrusted with a
case and its brief must uphold professional ethics and act in the best interests of the client. Failure to fulfil this obligation constitutes professional misconduct.
o Professional negligence ▪ In Mana Mohd. Ismail v. Balarathnaiv (1963)22, the Hon’ble Karnataka High Court held that a lawyer's failure to provide the necessary
paperwork for the progression of a case, despite several adjournments, amounts to professional misconduct. o Misappropriation of funds; o Switching sides in
cases; o Contempt of court or improper behaviour before magistrates; o Providing false information or improper advice; o Misleading clients or failing to speak
the truth in court; o Disowning allegiance to the court; o Filing repetitive applications without disclosure; o Suggesting bribery of court officials; and o Pressuring
prosecution witnesses to withhold the truth.
PUNISHMENT
⎯ The punishment for professional misconduct of advocates is outlined in Section 35 of the Advocates Act, 1961. ⎯ The State Bar Council, (SBC) upon receiving
a complaint or otherwise suo moto having reason to believe an advocate is guilty of misconduct, must refer the case to its disciplinary committee. ⎯ The SBC,
despite having reasons to believe, cannot act directly but must refer the matter to its disciplinary committee for disposal. ⎯ Advocates accused of misconduct
have the right to defend themselves before the committee, ensuring justice, equality, and protection of basic rights. ⎯ The disciplinary committee must set a
hearing date and formally notify the accused advocate and the Advocate-General of the State. ⎯ In Delhi and other Union Territories, references to the "Advocate-
General" or "AdvocateGeneral of the State" include the Additional Solicitor General of India. ⎯ After hearing the accused, the disciplinary committee can pass
the following orders under Sub-section 3: o Dismiss the complaint or close proceedings initiated by the State Bar Council. o Reprimand the advocate. o Suspend
the advocate from practice for a specified period. o Remove the advocate's name from the State roll. ⎯ Section 41 complements Section 35, mandating changes
to the roll of advocates based on disciplinary actions ⎯ If an advocate is reprimanded or suspended, it must be recorded against their name. ⎯ Suspended
advocates are barred from practising in any court or before any authority in India during the suspension period. ⎯ If barred from practice, their name is removed
from the roll, and their Certificate of Practice (CoP) under Section 22 is revoked. ⎯ The Bar Council of India handles misconduct cases involving advocates not
enrolled on any State roll and may withdraw cases from State Bar Councils for inquiry by its disciplinary committee. ⎯ The Bar Council of India's disciplinary
committee follows the procedure under Section 35, with references to the Advocate-General construed as the Attorney-General of India. ⎯ The disciplinary
committee of the Bar Council of India has the authority to issue orders similar to those of a State Bar Council's disciplinary committee and can direct State Bar
Councils to enforce such orders.
Disciplinary committee (state)
⎯ ORGANISATION o The Disciplinary Committee of the State Bar Council is constituted under the Advocates Act, 1961, to deal with cases of professional
misconduct by advocates. o It typically comprises three members, who are advocates from the council. The Chairman of the committee is appointed from among
its members. ⎯ POWERS o The Disciplinary Committee enjoys significant judicial-like powers under Section 42 of the Advocates Act, 1961, similar to those
conferred on a civil court under the Code of Civil Procedure, 1908. These include: ▪ It has the authority to summon individuals and examine them under oath. ▪
It has the power to require parties to produce relevant documents for examination. ▪ It can accept evidence in the form of affidavits. ▪ It has the authority to
obtain public records or copies from courts or offices. ▪ It is empowered to issue commissions for examining witnesses or documents. ▪ It has additional powers
as may be prescribed under the law. o The Disciplinary Committee cannot: ▪ Require the attendance of a presiding officer of a court without prior approval from
the High Court. ▪ Summon a revenue officer without prior sanction from the State Government. o Judicial Nature: ▪ All proceedings are deemed judicial
proceedings under Sections 193 and 228 of the Indian Penal Code, 1860. ▪ The committee is considered a civil court for applying Sections 480, 482, and 485 of
the Code of Criminal Procedure, 1898. ⎯ PROCEDURE o The Disciplinary Committee can send summons or processes to civil courts for execution. Civil courts are
bound to enforce these as if they were issued by the court itself. o Proceedings can continue even if the Chairman or any member is absent on a given date,
except for final orders under Section 35(3). o In case of a lack of majority or deadlock, the matter is referred to the Chairman or Vice-Chairman of the Bar Council
for a final opinion, which becomes binding. o The Disciplinary Committee ensures accountability among advocates by addressing misconduct, thereby
maintaining the ethical standards of the profession.
Disciplinary committee (bci)
⎯ ORGANISATION o Under Section 9, the Bar Council of India appoints one or more disciplinary committees to handle complaints or appeals. o Each committee
consists of three members, selected from among its members, with at least one person having judicial experience. o Members are elected by the Council. o The
chairperson of the committee is generally a senior member. ⎯ POWERS o Under Section 37 the BCI has Appellate Jurisdiction to hear appeals against orders of
disciplinary committees of State Bar Councils. o Under Section 36, the BCI can directly inquire into professional misconduct if referred by a State Bar Council. o
The committee can reprimand, suspend, or remove an advocate from the roll under Section 35 of the Act. o The committee can impose costs on either party
involved in the inquiry. o The committee has the same powers as a civil court under the Code of Civil Procedure, 1908, including: ▪ Summoning witnesses. ▪
Requiring document production. ▪ Administering oaths. ⎯ PROCEDURE o Filing of Complaint or Appeal: ▪ Complaints of professional misconduct can be escalated
from a State Bar Council to the BCI. ▪ Appeals must be filed within 60 days of the State Bar Council’s decision. o Notice and Representation: ▪ The committee
issues notices to the concerned advocate and complainant. ▪ Both parties are allowed to present their cases, supported by evidence. o Inquiry Process: ▪ The
inquiry is quasi-judicial and governed by the principles of natural justice. ▪ Hearings are conducted, and findings are based on the facts, evidence, and law. o
Order of Punishment: ▪ Upon finding the advocate guilty, the committee can impose penalties such as reprimand, suspension, or removal from practice. o Final
Decision: ▪ Orders passed by the disciplinary committee of the BCI are appealable to the Supreme Court under Section 38.