Request for second opinion in bar council proceedings
Querist :
Anonymous
(Querist) 27 July 2025
This query is : Open
I have filed a formal complaint before the State Bar Council against an advocate for the following acts of professional misconduct:
Issuing a legal notice containing false and extortionary claims without any legal foundation.
Making demands in the notice that were unsupported by evidence or any reference to appropriate provisions of law.
Abusing the legal process to harass and intimidate me, in clear violation of Rules 4 and 5 of the Bar Council of India’s Standards of Professional Conduct and Etiquette.
⚠️ Respondent’s Defense
In response, the advocate has submitted a reply that suffers from the following major deficiencies:
No supporting documents were attached.
No documentary evidence has been filed to rebut my factual claims.
No reference or justification has been made under any provision of the BCI Rules.
Several serious allegations (especially those concerning illegal motives, intent to misuse legal process, etc.) were left unaddressed, indicating selective silence.
The Bar Council has now asked me to submit a rejoinder in five copies, indicating that the case has been referred to the Disciplinary Committee (DC).
📌 My Rejoinder Highlights
In my final rejoinder, I have emphasized the following:
As per Rule 8(1), Chapter I, Part VII of the BCI Rules, the Disciplinary Committee is expected to decide matters on the basis of affidavits and documents. The Respondent has submitted neither.
Since the Respondent has submitted no evidence or counter-materials, no factual dispute remains that would require further clarification. The record stands uncontested.
The Respondent has made no effort to justify his conduct under the BCI Rules, rendering the defense legally hollow.
A prima facie case has already been established by me, thereby shifting the burden onto the Respondent—which he has failed to discharge.
❓ Request for Your Opinion:
Based on the above, I would like your professional view on the following:
Can a reply without documents, without legal citations, and with selective silence on serious allegations be treated as inadequate or non-existent in the eyes of the Bar Council?
Should the Disciplinary Committee treat the case as undefended in substance, and proceed to pass a reasoned order based solely on the complainant’s unrebutted submissions?
Sincerely,Your insights will help me assess whether I am interpreting the Bar Council Rules and the Respondent’s conduct correctly. I am also willing to pay for citations to support the above reasoning, if necessary.
