Legal Profession in Independent India

ALL INDIA BAR COMMITTEE, 1951

• The demand of the advocates to create an All
India Bar Council was not fulfilled as there were
various classes and grades of legal practitioners.
• Independence gave new orientation to the claim
for a unified All India Bar Council
• To consider the demands of the advocates All
India Bar Committee, 1951, under the
Chairmanship of Justice S. R. Das of the Supreme
Court.
Dr.Rajendra Prasad, H.E. the President of India, Hon'ble Shri
S.R. Das, Chief Justice of India, Dr. S. Radhakrishnan, Vice -
President of India
ALL INDIA BAR COMMITTEE, 1951
• The feasibility of a complete unified Bar
for the whole of India
• To continue of abolish the dual system of
Council and solicitor which in the
Supreme Court and the High Court at
Bombay and Calcutta
ALL INDIA BAR COMMITTEE, 1951
• The continuance of abolition of different
classes of legal practitioners, like advocates of
Supreme Court, advocates of various High
Courts, District court, Pleaders, Mukhtars
(entitled to practice in criminal courts only)
• The desire of establishing a single Bar Council
for the whole of India or for each State
ALL INDIA BAR COMMITTEE, 1951
• The establishment of a separated Bar
Council of the Supreme Court
• The revision of various enactment
(Centre as well as State) relating to legal
practitioners
• All other matters connected
ALL INDIA BAR COMMITTEE, 1951
The Committee gave a report in 1953
and its main recommendation were :
• All grades of legal practitioners be abolished
and that one integrated “ALL INDIA BAR” be
formed
• There should be “COMMON ROLL” of
advocates who would be entitled to practice
in all courts in the country
ALL INDIA BAR COMMITTEE, 1951
• The power of enrollment, suspension or
removal of advocates should be given to the
Bar Council
• All India Bar Council and State Bar Council
were recommended to create a complied
“REGISTER” of advocates, vaklis and pleaders
• A copy was to be send to the All India Bar
Council which was then to compile with the
“COMMON ROLL” of advocates.
ALL INDIA BAR COMMITTEE, 1951
• The minimum qualification for admission to the
roll of advocates should be a Law Degree from a
University
• After study of law could apply for enrollment as
an advocate to any “Stat Bar Council”
• On the name being entered in the “Register of
Advocates of the State”, his name would be also
entered in the “Common Roll” of Advocates
maintained by the “All India Bar Council”.
ALL INDIA BAR COMMITTEE, 1951
• There should be no further recruitment of
non-graduate pleaders or Mukhtas and there
should be only ONE CLASS OF LEGAL
PRACTIONERS WHICH IS “ADVOCATES”
• Every Advocate on the common roll to be
maintained by “All India Bar Council” would be
entitled to practice in the Supreme Court.
• The jurisdiction of the appropriate State Bar
Council and of All India Bar Council
 Rules on professional standards
• Advocates, in addition to being professionals,
are also officers of the courts and play a vital
role in the administration of justice.
• Accordingly, the set of rules that govern their
professional conduct arise out of the duty that
they owe the court, the client, their
opponents and other advocates
 Rules on professional standards
• Act in a dignified manner
• During the presentation of his case and also while
acting before a court, an advocate should act in a
dignified manner.
• He should at all times conduct himself with self-
respect.
• However, whenever there is proper ground for
serious complaint against a judicial officer, the
advocate has a right and duty to submit his
grievance to proper authorities.
 Rules on professional standards
• Respect the court
• An advocate should always show respect
towards the court.
• An advocate has to bear in mind that the
dignity and respect maintained towards
judicial office is essential for the survival of a
free community.
 Rules on professional standards
• Not communicate in private
• An advocate should not communicate in
private to a judge with regard to any matter
pending before the judge or any other judge.
• An advocate should not influence the decision
of a court in any matter using illegal or
improper means such as coercion, bribe etc.
 Rules on professional standards
• Refuse to act in an illegal manner towards the
opposition
• An advocate should refuse to act in an illegal or
improper manner towards the opposing counsel
or the opposing parties.
• He shall also use his best efforts to restrain and
prevent his client from acting in any illegal,
improper manner or use unfair practices in any
mater towards the judiciary, opposing counsel or
the opposing parties.
 Rules on professional standards
• Refuse to represent clients who insist on unfair
means
• An advocate shall refuse to represent any client
who insists on using unfair or improper means.
• An advocate shall excise his own judgment in
such matters.
• He shall not blindly follow the instructions of the
client.
• He shall be dignified in use of his language in
correspondence and during arguments in court.
 Rules on professional standards
• He shall not scandalously damage the
reputation of the parties on false grounds
during pleadings.
• He shall not use unparliamentary language
during arguments in the court.
 Rules on professional standards
• Appear in proper dress code
An advocate should appear in court at all
times only in the dress prescribed under the
Bar Council of India Rules and his appearance
should always be presentable
 Rules on professional standards
• Refuse to appear in front of relations
• An advocate should not enter appearance, act,
plead or practice in any way before a judicial
authority if the sole or any member of the bench
is related to the advocate as father, grandfather,
son, grandson, uncle, brother, nephew, first
cousin, husband, wife, mother, daughter, sister,
aunt, niece, father-in-law, mother-in-law, son-in-
law, brother-in-law daughter-in-law or sister-in-
law.
 Rules on professional standards
• Not to wear bands or gowns in public places
• An advocate should not wear bands or gowns
in public places other than in courts, except
on such ceremonial occasions and at such
places as the Bar Council of India or as the
court may prescribe.
 Rules on professional standards
• Not represent establishments of which he is a
member
• An advocate should not appear in or before
any judicial authority, for or against any
establishment if he is a member of the
management of the establishment.
 Rules on professional standards
• Not appear in matters of pecuniary interest
• An advocate should not act or plead in any
matter in which he has financial interests.
• For instance, he should not act in a
bankruptcy petition when he is also a creditor
of the bankrupt.
• He should also not accept a brief from a
company of which he is a Director
 Rules on professional standards
• Not stand as surety for client
• An advocate should not stand as a surety, or
certify the soundness of a surety that his
client requires for the purpose of any legal
proceedings.
 RULES ON AN ADVOCATE’S DUTY
TOWARDS THE CLIENT
• Bound to accept briefs
• An advocate is bound to accept any brief in the
courts or tribunals or before any other authority
in or before which he proposes to practice.
• He should levy fees which is at par with the fees
collected by fellow advocates of his standing at
the Bar and the nature of the case.
• Special circumstances may justify his refusal to
accept a particular brief
 RULES ON AN ADVOCATE’S DUTY
TOWARDS THE CLIENT
• Not withdraw from service
• An advocate should not ordinarily withdraw
from serving a client once he has agreed to
serve them.
• He can withdraw only if he has a sufficient
cause and by giving reasonable and sufficient
notice to the client.
• Upon withdrawal, he shall refund such part of
the fee that has not accrued to the client.
 RULES ON AN ADVOCATE’S DUTY
TOWARDS THE CLIENT
• Not appear in matters where he himself is a
witness
• An advocate should not accept a brief or appear
in a case in which he himself is a witness.
• If he has a reason to believe that in due course of
events he will be a witness, then he should not
continue to appear for the client.
• He should retire from the case without
jeopardizing his client’s interests.
 RULES ON AN ADVOCATE’S DUTY
TOWARDS THE CLIENT
• Full and frank disclosure to client
• An advocate should, at the commencement of
his engagement and during the continuance
thereof, make all such full and frank disclosure
to his client relating to his connection with the
parties and any interest in or about the
controversy as are likely to affect his client’s
judgment in either engaging him or continuing
the engagement.
 RULES ON AN ADVOCATE’S DUTY
TOWARDS THE CLIENT
• Uphold interest of the client
• It shall be the duty of an advocate fearlessly to
uphold the interests of his client by all fair and
honorable means.
• An advocate shall do so without regard to any
unpleasant consequences to himself or any
other.
 RULES ON AN ADVOCATE’S DUTY
TOWARDS THE CLIENT
Uphold interest of the client
• He shall defend a person accused of a crime
regardless of his personal opinion as to the
guilt of the accused.
• An advocate should always remember that his
loyalty is to the law, which requires that no
man should be punished without adequate
evidence
 RULES ON AN ADVOCATE’S DUTY
TOWARDS THE CLIENT
• Not suppress material or evidence
• An advocate appearing for the prosecution of
a criminal trial should conduct the
proceedings in a manner that it does not lead
to conviction of the innocent.
• An advocate shall by no means suppress any
material or evidence, which shall prove the
innocence of the accused
 RULES ON AN ADVOCATE’S DUTY
TOWARDS THE CLIENT
• Not disclose the communications between
client and himself
• An advocate should not by any means, directly
or indirectly, disclose the communications
made by his client to him.
• He also shall not disclose the advice given by
him in the proceedings.
• However, he is liable to disclose if it violates
Section 126 of the Indian Evidence Act, 1872.
 RULES ON AN ADVOCATE’S DUTY
TOWARDS THE CLIENT
• Section 126 of the Indian Evidence Act, 1872.
• 126. Professional communications.- No barrister,
attorney, pleader or vakil shall at any time be
permitted, unless with his client' s express consent, to
disclose any communication made to him in the course
and for the purpose of his employment as such
barrister, pleader, attorney or vakil, by or on behalf of
his client, or to state the contents or condition of any
document with which he has become acquainted in the
course and for the purpose of his professional
employment, or to disclose any advice given by him to
his client in the course and for the purpose of such
employment
 RULES ON AN ADVOCATE’S DUTY
TOWARDS THE CLIENT
• An advocate should not be a party to stir up
or instigate litigation.
• An advocate should not act on the
instructions of any person other than his
client or the client’s authorized agent.
• An advocate should not misuse or takes
advantage of the confidence reposed in him
by his client.
 RULES ON AN ADVOCATE’S DUTY
TOWARDS THE CLIENT
• Not charge depending on success of matters
• An advocate should not charge for his services
depending on the success of the matter
undertaken.
• He also SHALL NOT CHARGE for his services as
a percentage of the amount or property
received after the success of the matter
 RULES ON AN ADVOCATE’S DUTY
TOWARDS THE CLIENT
• Not receive interest in actionable claim
• An advocate should not trade or agree to
receive any share or interest in any actionable
claim.
• Nothing in this rule shall apply to stock, shares
and debentures of government securities, or
to any instruments, which are, for the time
being, by law or custom, negotiable or to any
mercantile document of title to goods.
 RULES ON AN ADVOCATE’S DUTY
TOWARDS THE CLIENT
• Not bid or purchase property arising of legal
proceeding
• An advocate should not by any means bid for, or
purchase, either in his own name or in any other name,
for his own benefit or for the benefit of any other
person, any property sold in any legal proceeding in
which he was in any way professionally engaged.
• However, it does not prevent an advocate from bidding
for or purchasing for his client any property on behalf
of the client provided the Advocate is expressly
authorized in writing in this behalf.
 RULES ON AN ADVOCATE’S DUTY
TOWARDS THE CLIENT
• Not bid or transfer property arising of legal
proceeding
• An advocate should not by any means bid in court
auction or acquire by way of sale, gift, exchange
or any other mode of transfer (either in his own
name or in any other name for his own benefit or
for the benefit of any other person), any property
which is the subject matter of any suit, appeal or
other proceedings in which he is in any way
professionally engaged
 RULES ON AN ADVOCATE’S DUTY
TOWARDS THE CLIENT
• Not adjust fees against personal liability
• An advocate should not adjust fee payable to
him by his client against his own personal
liability to the client, which does not arise in
the course of his employment as an advocate.
 RULES ON AN ADVOCATE’S DUTY
TOWARDS THE CLIENT
• Keep proper accounts
• An advocate should always keep accounts of
the clients’ money entrusted to him.
• The accounts should show the amounts
received from the client or on his behalf.
• The account should show along with the
expenses incurred for him and the deductions
made on account of fees with respective dates
and all other necessary particulars.
 RULES ON AN ADVOCATE’S DUTY
TOWARDS THE CLIENT
• Divert money from accounts
• An advocate should mention in his accounts
whether any money received by him from the
client are on account of fees or expenses
during the course of any proceeding or
opinion.
• He shall not divert any part of the amounts
received for expenses as fees without written
instruction from the client.
 RULES ON AN ADVOCATE’S DUTY
TOWARDS THE CLIENT
• Intimate the client on amounts
• Where any amount is received or given to him
on behalf of his client, the advocate must
without any delay intimate the client of the
fact of such receipt.
 RULES ON AN ADVOCATE’S DUTY
TOWARDS THE CLIENT
• Adjust fees after termination of proceedings
• An advocate shall after the termination of
proceedings, be at liberty to adjust the fees due
to him from the account of the client.
• The balance in the account can be the amount
paid by the client or an amount that has come in
that proceeding.
• Any amount left after the deduction of the fees
and expenses from the account must be returned
to the client.
 RULES ON AN ADVOCATE’S DUTY
TOWARDS THE CLIENT
• Provide copy of accounts
• An advocate must provide the client with the
copy of the client’s account maintained by him
on demand, provided that the necessary
copying charge is paid.
• An advocate shall not enter into
arrangements whereby funds in his hands are
converted into loans
 RULES ON AN ADVOCATE’S DUTY
TOWARDS THE CLIENT
• Not lend money to his client
• An advocate shall not lend money to his client for the
purpose of any action or legal proceedings in which he
is engaged by such client.
• An advocate cannot be held guilty for a breach of this
rule, if in the course of a pending suit or proceeding,
and without any arrangement with the client in respect
of the same, the advocate feels compelled by reason of
the rule of the Court to make a payment to the Court
on account of the client for the progress of the suit or
proceeding.
 RULES ON AN ADVOCATE’S DUTY
TOWARDS THE CLIENT
• Not appear for opposite parties
• An advocate who has advised a party in
connection with the institution of a suit,
appeal or other matter or has drawn
pleadings, or acted for a party, shall not act,
appear or plead for the opposite party in the
same matter.
 RULES ON ADVOCATE’S DUTY TO
OPPONENTS
• Not to negotiate directly with opposing party
• An advocate shall not in any way
communicate or negotiate or call for
settlement upon the subject matter of
controversy with any party represented by an
advocate except through the advocate
representing the parties.
 RULES ON ADVOCATE’S DUTY TO
OPPONENTS
• Carry out legitimate promises made
• An advocate shall do his best to carry out all
legitimate promises made to the opposite
party even though not reduced to writing or
enforceable under the rules of the Court.
 RULES ON AN ADVOCATE’S DUTY
TOWARDS FELLOW ADVOCATES
• Not advertise or solicit work
• An advocate shall not solicit work or advertise in
any manner. He shall not promote himself by
circulars, advertisements, touts, personal
communications, interviews other than through
personal relations, furnishing or inspiring
newspaper comments or producing his
photographs to be published in connection with
cases in which he has been engaged or concerned
 RULES ON AN ADVOCATE’S DUTY
TOWARDS FELLOW ADVOCATES
• Sign-board and Name-plate
• An advocate’s sign-board or name-plate should
be of a reasonable size.
• The sign-board or name-plate or stationery
should not indicate that he is or has been
President or Member of a Bar Council or of any
Association or that he has been associated with
any person or organization or with any particular
cause or matter or that he specializes in any
particular type of work or that he has been a
Judge or an Advocate General.
 RULES ON AN ADVOCATE’S DUTY
TOWARDS FELLOW ADVOCATES
• Not promote unauthorized practice of
law
• An advocate shall not permit his
professional services or his name to be
used for promoting or starting any
unauthorised practice of law.
 RULES ON AN ADVOCATE’S DUTY
TOWARDS FELLOW ADVOCATES
• An advocate shall not accept a fee less than
the fee, which can be taxed under rules when
the client is able to pay more.
 RULES ON AN ADVOCATE’S DUTY
TOWARDS FELLOW ADVOCATES
• Consent of fellow advocate to appear
• An advocate should not appear in any matter
where another advocate has filed a vakalt or
memo for the same party.
• However, the advocate can take the consent
of the other advocate for appearing.
 RULES ON AN ADVOCATE’S DUTY
TOWARDS FELLOW ADVOCATES
• Consent of fellow advocate to appear
• In case, an advocate is not able to present the
consent of the advocate who has filed the
matter for the same party, then he should
apply to the court for appearance.
• He shall in such application mention the
reason as to why he could not obtain such
consent. He shall appear only after obtaining
the permission of the Court.
 State Bar Councils
• There shall be a Bar Council for each of States
• There shall be a Chairman and a Vice-
Chairman of each State Bar Council elected by
the Council in such manner as may be
prescribed
 State Bar Councils
The functions of a State Bar Council shall be
• to admit persons as advocates on its roll;
• to prepare and maintain such roll;
• to entertain and determine cases of
misconduct against advocates on its roll;
• to safeguard the rights, privileges and
interests of advocates on its roll;
 State Bar Councils
The functions of a State Bar Council shall be
• to promote the growth of Bar Associations for
the purposes of effective implementation of
the welfare schemes
• to promote and support law reform;
• to conduct seminars and organise talks on
legal topics
• by eminent jurists and publish journals and
paper of legal interest;
 State Bar Councils
The functions of a State Bar Council shall be
• to organize legal aid to the poor
• to manage and invest the funds of the Bar
Council;
• to provide for the election of its members
 State Bar Councils
• to visit and inspect Universities
• to perform all other functions conferred on it by or under
this Act;
• A State Bar Council may constitute one or more funds in
the
• prescribed manner for the purpose of—
– (a) giving financial assistance to organize welfare schemes for
the indigent, disabled or other advocates;
– (b) giving legal aid or advice in accordance with the rules made
in this behalf establishing law libraries.
– A State Bar Council may receive any grants, donations, gifts or
benefactions for all or any of the purposes specified in
subsection which shall be credited to the appropriate fund or
funds constituted under that sub-section
 Functions of Bar Council of India.
• to lay down standards of professional conduct
and etiquette for advocates;
• to lay down the procedure to be followed by
its disciplinary committee and the disciplinary
committee of each State Bar Council;
• to safeguard the rights, privileges and
interests of advocates;
• to promote and support law reform;
 Functions of Bar Council of India.
• to deal with and dispose of any matter arising
under this Act, which may be referred to it by
a State Bar Council; to exercise general
supervision and control over State Bar
Councils;
• to promote legal education and to lay down
standards of such education in consultation
with the Universities in India imparting such
education and the State Bar Councils;
 Functions of Bar Council of India.
• to recognize Universities whose degree in law
shall be a qualification for enrolment as an
advocate and for that purpose
• to visit and inspect Universities
• to visit and inspect Universities in accordance
with such directions as it may give in this
behalf
 Functions of Bar Council of India.

• to conduct seminars and organize talks on legal topics

by eminent jurists and publish journals and papers of
legal interest;
• To organise legal aid to the poor in the prescribed
manner;
• To recognise on a reciprocal basis foreign qualifications
in law obtained outside India for the purpose of
admission as an advocate
• to manage and invest the funds of the Bar Council;
• to provide for the election of its members;
• to perform all other functions conferred on it by or
under this Act.
 Disciplinary Committees
• Bar Council shall constitute one or more
disciplinary committees, each of which shall
consist of three persons of whom two shall be
persons elected by the Council from amongst its
members and the other shall be a person co-
opted by the Council from amongst advocates
who possess the qualifications specified in the act
• senior-most advocate amongst the members of a
disciplinary committee one shall be the Chairman
 Certificate of enrolment
• There shall be issued a certificate of enrolment in
the prescribed form by the State Bar Council to
every person whose name is entered in the roll of
advocates maintained by it under this Act.
• Every person whose name is so entered in the
State roll shall notify any change in the place of
his permanent residence to the State Bar Council
concerned within ninety days of such change
 Persons who may be admitted as
advocates on a State roll
• Subject to the provisions of this Act, and the
rules made there under, a person shall be
qualified to be admitted as an advocate on a
State roll, if he fulfills the following conditions,
namely:—
• (a) he is a citizen of India
• he has completed the age of twenty-one
years;
• he has obtained a degree in law
 Persons who may be admitted as
advocates on a State roll
• after undergoing a course of study in law, the
• duration of which is not less than two
academic years commencing from the
academic year 1967-68 or any earlier
academic year from any University in India
which is recognized for the purposes of this
Act by the Bar Council of India
 Persons who may be admitted as
advocates on a State roll.
• in any other case, from any University outside
the territory of India, if the degree is
recognized for the purposes of this Act by the
Bar Council of India
• he fulfils such other conditions as may be
specified in the rules made by the State Bar
Council
 Persons who may be admitted as
advocates on a State roll.
• he has paid, in respect of the enrolment,
stamp duty, if any, chargeable under the
Indian Stamp Act, 1899 (2 of 1899), and an
enrolment fee payable to the State Bar
Council of [six hundred rupees and to the
State Bar Council of India, one hundred and
fifty rupees Bar Council of India.by way of a
bank draft drawn in favour of that Council]
 Persons who may be admitted as
advocates on a State roll.
• Provided that where such person is a member
of the Schedule Castes or the Schedule Tribes
and produces a certificate to that effect from
such authority as may be prescribed, the
enrolment fee payable by him to the State Bar
Council shall be 1[one hundred rupees and to
the Bar Council of India, twenty-five rupees].
 Persons who may be admitted as
advocates on a State roll.
• a person shall be deemed to have
obtained a degree in law from a
University in India on that date on which
the results of the examination for that
degree are published by the University
on its notice board or otherwise
declaring him to have passed that
examination
 Disqualification for enrolment
• No person shall be admitted as an advocate
on a State roll—
• (a) if he is convicted of an offence involving
moral turpitude;
• (b) if he is convicted of an offence under the
provisions of the Untouchability (Offences)
Act, 1955
 Disqualification for enrolment.
• if he is dismissed or removed from
employment or office under the State on any
charge involving moral turpitude
 Authority to whom applications for
enrolment may be made.
• An application for admission as an advocate
shall be
• made in the prescribed form to the State Bar
Council within whose jurisdiction the
applicant proposes to practice
Disposal of applications for admission
as an advocate
• A State Bar Council shall refer every
application for admission as an advocate to its
enrolment committee, person has got his
name entered on the roll of advocates by
misrepresentation as to an essential fact or by
fraud or undue influence, remove the name of
such person from the roll of advocates after
giving him an opportunity of being heard
Disposal of applications for admission
as an advocate
• Where the enrolment committee of a State
Bar Council proposes to refuse any such
application, it shall refer the application for
opinion to the Bar Council of India and every
such reference shall be accompanied by a
statement of the grounds in support of the
refusal of the application
Disposal of applications for admission
as an advocate
• Where the enrolment committee of a State
Bar Council has refused any application for
admission as an advocate on its roll, the State
Bar Council shall, as soon as may be, send
intimation to all other State Bar Councils
about such refusal stating the name, address
and qualifications of the person whose
application was refused and the grounds for
the refusal
Power to remove names from roll
• A State Bar Council may remove from the
State roll the name of any advocate who is
dead or from whom a request has been
received to that effect.
 Application once refused not to be entertained by
another Bar Council except in certain circumstances

• Where a State Bar Council has refused the

application of any person for admission as an
advocate on its roll, no other State Bar Council
shall entertain an application for admission of
such person as an advocate on its roll, except
with the previous consent in writing of the
State Bar Council which refused the
application and of the Bar Council of India
 Right of advocates to practice
• Subject to provisions of this Act, every advocate
whose name is entered in the State roll shall be
entitled as of right to practice throughout the
territories to which this Act extends,—
(i) in all courts including the Supreme Court;
(ii) before any tribunal or person legally authorized to
take evidence; and
(iii) before any other authority or person before whom
such advocate is by or under any law for the time
being in force entitled to practise.
 CONDUCT OF ADVOCATES
• Punishment of advocates for misconduct.—
• 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
 CONDUCT OF ADVOCATES
• The disciplinary committee of a State Bar
Council shall fix a date for the hearing of the
case and shall cause a notice thereof to be
given to the advocate concerned and to the
Advocate-General of the State
 Advocate General of Maharashtra
• It took eight months and a
strongly worded High court
order for the Devendra
Fadnavis government to
finalise the name of Adv Rohit
Deo as the advocate general
of Maharashtra.
• Deo's name has been
recommended to the
Governor on Tuesday by the
cabinet.
 CONDUCT OF ADVOCATES
• The disciplinary committee of a State Bar Council
after giving the advocate concerned and the
Advocate-General an 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 period as it may
deem fit;
• remove the name of the advocate from the State roll of
advocates.
 CONDUCT OF ADVOCATES
• Where an advocate is suspended from
practice, he shall, during the period of
suspension, be debarred from practising in
any court or before any authority or person in
India.
 Disciplinary powers of Bar Council of
India
• Where on receipt of a complaint or otherwise
the Bar Council of India has reason to believe
that any advocate whose name is not entered
on any State roll has been guilty of
professional or other misconduct, it shall refer
the case for disposal to its disciplinary
committee.
 Disciplinary powers of Bar Council of
India
• The disciplinary committee of the Bar Council
of India may, its own motion or on a report
by a State Bar Council or on an application
made to it by any person interested, withdraw
for inquiry before itself any proceedings for
disciplinary action against any advocate
pending before the disciplinary committee of
any State Bar Council and dispose of the same.
 Appeal to the Bar Council of India
• Any person aggrieved by an order of the
disciplinary committee of a State Bar Council
or the Advocate General of the may, within
sixty days of the date of the communication
of the order to him, prefer an appeal to the
Bar Council of India
Disciplinary powers of Bar Council of
India
• Every such appeal shall be heard by the
disciplinary committee of the Bar Council of
India which may pass such order including an
order varying the punishment awarded by the
disciplinary committee of the State Bar
Council
 Appeal to the Supreme Court
• Any person aggrieved by an order made by
the disciplinary committee of the Bar Council
of India may within sixty days of the date on
which the order is communicated to him,
prefer an appeal to the Supreme Court and
the Supreme Court may pass such order
thereon as it deems fit
 Powers of disciplinary committee
• The disciplinary committee of a Bar Council
shall have the same powers as are vested in a
civil court under the Code of Civil Procedure,
in respect of the following matters, namely:—
• summoning and enforcing the attendance of
any person and examining him on oath;
 Powers of disciplinary committee
• requiring discovery and production of any
documents;
• receiving evidence on affidavits;
• requisitioning any public record or copies
thereof from any court or office;
 Powers of disciplinary committee
• requiring discovery and production of any
documents;
• receiving evidence on affidavits;
• requisitioning any public record or copies
thereof from any court or office;
 Powers of disciplinary committee
• All proceedings before a disciplinary
committee of a Bar Council shall be deemed
to be judicial proceedings within the meaning
of sections 193 and 228 of the Indian Penal
Code, 1860 (45 of 1860), and every such
disciplinary committee shall be deemed to be
a civil court for the purposes of sections 480,
482 and 485 of the Code of Criminal
Procedure, 1898 (5 of 1898).
 Powers of disciplinary committee
• Cost of proceedings before a disciplinary
committee.—
• The disciplinary committee of a Bar Council may make
such order as to the cost of any proceedings before it
as it may deem fit and any such order shall be
executable as it were an order—
• (a) in the case of an order of the disciplinary
committee of the Bar Council of India, of the Supreme
Court;
• (b) in the case of an order of the disciplinary
committee of a State Bar Council, of the High Court.
 CONDUCT OF ADVOCATES
• Review of orders by disciplinary committee.
• The disciplinary committee of a Bar Council
may of its own motion or
• otherwise review any order 1[within sixty days
of the date of that order] passed by it under
this Chapter Provided that no such order of
review of the disciplinary committee of a State
Bar Council shall have effect unless it has been
approved by the Bar Council of India
 Penalty for persons illegally practising in courts and
before other authorities.

• Any person who practices in any court or

before any authority or person, in or before
whom he is not entitled to practise under the
provisions of this Act, shall be punishable with
imprisonment for a term which may extend
to six months
 CASE
PROFESSIONAL MISCONDUCT( AIR 2001 SC 2509)

• SHAMBHURAM YADAV (petitioner)

vs
• HANUMANDAS KHATRI (respondent)

BENCH OF JUDGES:
KT Thomas and YK Sabhrawal
 FACTS of the case:
• A complaint filed by appellant against
respondent.
• Advocate before BAR COUNCIL of
Rajasthan was referred to the disciplinary
committee of BAR COUNCIL of Rajasthan,
 FACTS of the case:
• The complaint was that the respondent while
appearing as a council in a suit pending in a civil
court wrote a letter to MAHANT RAJGIRI ( his
client) and stated that his another client told him
that the concerned judge accepts bribe and he
has obtained several favorable orders in his
favor and for that reason he( the client) should
sent him a sum of 10,000 , so through that said
client, the suit got decided in favor of MAHANT
RAJGIRI.
 FACTS of the case:
• The state BAR COUNCIL noticed that the
respondent admitted to the contents of letter
as true and come to a conclusion that he has
MIS-CONDUCTED.
• COURT held him guilty of professional
misconduct under section 35 of the Advocates
Act, 1961.
• He was also been suspended from his
practice for a period of 2 years.
 BAR COUNCIL OF INDIA: ORDER
• This ORDER was challenged, but the
disclosure of BAR COUNCIL OF INDIA
enhanced the punishment and directed
that the name of the respondent must
be stacked off from the role of
advocates and thus debar him
permanently from practice.
 THE SUPREME COURT OF INDIA
ORDER
• THE SUPREME COURT OF INDIA held that high
standard of morality is required from lawyer
more from a person who was in the profession
since last 50 years.
• SUPREME COURT also held that the court has
no hesitation in setting aside the order given
by BAR COUNCIL OF RAJASTHAN and restoring
the ORIGINAL as given by Bar Council of India
dated: 31st July, 1999.
 Some important cases relating to
Professional Misconduct
• Purchase of the property in dispute
of the client

Case:
P.D. Gupta
v.
Ram Murti and Anr.
 Some important cases relating to
Professional Misconduct
• Facts:
• One Srikishan Dass died leaving behind
extensive immovable properties.
• Claims to the said properties were made by
one Vidyawati claiming to be the sister of the
deceased , one Ram Murti and two others
who claimed themselves to be the heir of the
deceased.
 Some important cases relating to
Professional Misconduct
• Later the said properties were purchased by
the advocate of Vidyawati knowing them to be
disputed.
• The advocate thereafter sold the property to a
third party and made profit.
• A complaint was made against the advocate to
the Bar Council of Delhi.
 Some important cases relating to
Professional Misconduct
• Held:
• Since the disciplinary committee of the Bar
Council of Delhi could not dispose of the
complaint within a period of one year and
therefore the proceedings had been
transferred to the Bar Council of India under
Section 36-B of the Advocates Act.
 Some important cases relating to
Professional Misconduct
• The disciplinary committee of the Bar Council
of India found him guilty of professional
misconduct and suspended him from practice
for period of one year
 Some important cases relating to
Professional Misconduct
Non filing of the case or filing of the case with
nominal court fees

Case :
Allahabad Bank
v.
Girish Prasad Verma
 Some important cases relating to
Professional Misconduct
• Facts:
• In this case complainant Allahabad Bank filed
complaint against the advocate Girish Chandra
Verma alleging that out of the 52 suits which
were given to the advocate for filing in the
court 50 suits were filed with nominal court
fees and 2 suits were not filed at all and the
advocate misappropriated the sum the sum
paid to him by the complainant for the
purpose of court fees.
 Held
• U.P Bar Council disciplinary committee held
that the advocate has misappropriated the
amount of the court fees and further ordered
for the striking of the name of the advocate
from the roll of the U.P Bar Council.
• The committee made it clear that legal
profession is a noble profession and its
members must set an example of conduct
worthy of emulation
 Some important cases relating to
Professional Misconduct
• Deliberate delay in filing of the suit
•
Case:
• Prof. Krishanraj Goswami
• v.
• Vishwanath D. Mukashikar
 Some important cases relating to
Professional Misconduct
• Facts:
• In this case the appellant advocate made a delay in
filing in filing the suit and also made a delay in moving
the interim application due to which the complainant
suffered huge losses.
• The complainant gave two written notices to the to the
appellant advocate for the return of the papers so that
he could engage separate lawyers but the appellant
advocate did not respond.
• It was also alleged by the complainant that the
advocate did this deliberately in connivance with the
other side
 Some important cases relating to
Professional Misconduct
• Held:
• the Disciplinary Committee of the Bar Council
of Maharashtra and Goa found him guilty of
professional misconduct and imposed
punishment of suspension of licence for
three years.
 Some important cases relating to
Professional Misconduct
• Suppression of material facts with intention to
harass poor persons
Case:
Smt. Sudesh Rani
v.
Munish Chandra Goel
 Some important cases relating to
Professional Misconduct
• Facts:
• In this case the respondent advocate filed suits
for the eviction of the tenants by suppressing the
fact of an earlier compromise decree by which
the tenants were declared as owners.
• The respondent advocate should have disclosed
the material facts since his wife and he himself
were involved in the compromise of the suits.
 Some important cases relating to
Professional Misconduct
• Held:
• The respondent advocate was held guilty of
having committed professional as well as
other misconduct.
• The committee ordered that his licence to
practice would be suspended for a period of
two years
 Some important cases relating to
Professional Misconduct
• Handing over of forged documents to the
opposite party

• Case:
• Pratap Narain
• v.
• Y.P. Raheja
 Some important cases relating to
Professional Misconduct
• Facts:
• In this case the complainant alleged that the
respondent handed over him a forged stay
order while no stay order was passed by the
court in the case.
• The respondent however pleaded that the
forged stay order was handed over to the
complainant by his clerk.
 Some important cases relating to
Professional Misconduct
• Held:
• The committee after examining the facts,
evidence etc., held that the respondent was
guilty of professional misconduct of serious
nature as he had forged the order of the
court. Consequently, the Disciplinary
committee ordered removal of his name from
the roll maintained by the Bar Council of
Delhi
Advocate actively engaged in carrying
other business

Case:
Babu Lal Jain
v.
Subhash Jain
 Facts:
• The complainant was an advocate. He alleged
that the respondent advocate was a practicing
lawyer as well as was working as an editor,
printer, and publisher of a weekly called “Aaj
Ki Janata”.
 Held:
• Rule 47 of BCI rules prohibits an advocate to
be engaged personally in any business.
• The respondent advocate was found to have
been actively engaged in carrying on the
business and his conduct was take by the
disciplinary committee as profession
misconduct
Advocate attending the court with fire
arms
Case:
UP Sales Tax Service Association
v.
Taxation Bar Association, Agra
 Facts:
• In the case the advocate was
attending the court with licence fire
arm for the purpose of self defence.
 Held:
• It was held that such a conduct was
inconsistent with the dignity of legal
profession and amounts to professional
misconduct.
 Case:
John D’souza
v.
Edward Ani
 Facts:
• In this case the respondent Edward Ani lodged
the complaint with the Karnataka Sate Bar
Council alleging that the appellant with whom
the will executed by his mother in law Mrs.
Mary Raymond was entrusted with safe
custody refuse to return that will in spite of
two letters demanding to hand over the will.
 Held:
• The Supreme Court held that the
advocate has committed breach of
his professional duty and found him
guilty of profession misconduct.
Defrauding the client by exploiting
his/her illiteracy

Case:
Vikramaditya
v.
Smt. Jamila Khatoon
 FACTS
The obtaining of the signature by the advocate
on blank vakalatnama and blank water
marked papers for the purpose of defrauding
the client’s amounts to the professional
misconduct
 Advocate's professional misconduct
unpardonable: SC
• The Supreme Court has said an advocate's
unprofessional conduct has to be viewed
seriously because if one blinked at blots on
the nobility of the profession, it was bound to
adversely impact people's faith in the rule of
law.
 Advocate's professional misconduct
unpardonable: SC
• "Legal profession is a noble profession. It is
not a business or a trade. A person practising
law has to practise in the spirit of honesty and
not in the spirit of mischief making or money-
getting. An advocate's attitude and dealings
with his client have to be scrupulously honest
and fair," a bench of Justices R M Lodha and H
L Gokhale said.
 Advocate's professional misconduct
unpardonable: SC - Dec 15, 2011,
• This judgment came in a case where an
advocate had surreptitiously usurped a part of
the property over which his client was
litigating with another person.
• The Madhya Pradesh Bar Council had found
the litigant's charges against the advocate to
be true and suspended him from practising
law for a year
 Advocate's professional misconduct
unpardonable: SC
• The advocate appealed against the council's
decision pleading innocence. However, when
the bench nailed his lies, he pleaded for
leniency saying he was suffering from
glaucoma and also produced a compromise
with his client on the issue.
 Advocate's professional misconduct
unpardonable: SC
• Justice Lodha, writing the judgment for the
bench, rejected the twin requests and said, "In
our view, the settlement with the complainant
does not mitigate or wipe out professional
misconduct and must not prevent adequate
punishment to the advocate appellant.
 Advocate's professional misconduct
unpardonable: SC
• "The punishment for professional misconduct
has twin objectives –
• DETERRENCE AND CORRECTION.
• Having regard to the overall facts and
circumstances of the case, we are of the view
that if the advocate appellant is suspended
from practise for a period of three months,
the above objective would be met."
 Bar Council of Maharashtra
v.
M.V. Dahbolkar.

• 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.
 Bar Council of Maharashtra
v.
M.V. Dahbolkar.
• 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.
 Bar Council of Maharashtra
v.
M.V. Dahbolkar.

• This approach of the Bar council of India was

heavily reprimanded by the Supreme Court.
• It was held that 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.
 Bar Council of Maharashtra
v.
M.V. Dahbolkar.

• 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.
INSTANCE OF MISCONDUCT HELD IN CASE
Retention of money deposited with advocate for the decree
Prahlad Saran Gupta V Bar council of India
holder even after execution proceedings
Misguiding Junior Advocate Harish Chander Singh V SN Tripathi
Assaulting opponent with Knife in Court room Hikmat AliKhan v Ishwar Prasad Arya
Scandalisation against Judge In re DC Saxena
UP Sales tax service association v taxation Bar Association,
Attending court with fire arm
Agra
Discussion of the conduct of judge and pass resolution by bar
C Ravichandran Iyer v Justice AM Bhattacharjee
council, bar association or group of practicing advocates
Failure to return will executed and kept in safe custody John D Souza v edward Ani

Constant abstention from conducting of cases Onkar Singh V Angrez Singh

Attesting forged affidavit M Veerendra Rao v Tek Chand

Failure to attend trial after accepting the brief SJ Choudhary v State
Improper legal advice PD Khandekar v Bar Council of Maharastra
Misappropriation of Decretal amount KV Umre v Venubai
Taking money from client for the purpose of giving bribe Chandra Sekhar Soni v Bar Council of Rajastan
Rushing towards potential clients and snatching briefs The bar Council of Maharastra v MV Dabholkar
NA Mirzan V the disciplinary committee of the Bar council of
Taking advantage of the ignorance and illiteracy of the clients
Maharastra
Appearing with out authority on a forged vakalath In re advocate
Advertising profession CD Sekkizhar v Secretary, Bar Council, Madras.
In the matter of P an Advocate and
Gross negligence involving moral turpitude
VP Kumaravelu v the Bar council of India
Coercing Colleagues In re Badri Narin
Appearing for both sides Rambharosa Kalar v Surendra nath Thakur