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aayog (law student)     27 June 2009

advocates act 1961,section 35

According to section 35 of indian advocates act 1961, the bar council can take necessary action against a lawyer if he/she is guilty of professional or any other misconduct. consider the following case:- a lady lawyer X is practicing her degree. one afternoon she wears her law attire/uniform of black dress and attacks another lady Y . Y has done no harm to X nor has she provoked her by either words or actions. Y was just walking on street along with her daughter. X beats Y in a violent and vigourous manner. she beats her in front of the entire public.Subsequently Y’s clothes are torn and she had to face a lot of humiliation in front of the public. Y, in order to get justice approaches the bar council. X had used her status of being a lawyer in a disgraceful manner and misused her power by humiliating Y. Y’s daughter ( of 6 years)had seen all these things and suffered mental trauma. Y has all the witnesses against X. now please answer these two questions:- 1) can the bar council punish X or take away her power to practice her degree on grounds of behavior misconduct as per sec.35 of advocates act? 2) is there any real case in Indian legal history a bit similar as above mentioned whereby a lawyer has been punished for his/her misuse of law degree? If yes please mention the case and year… Please reply as soon as possible



 8 Replies

A V Vishal (Advocate)     27 June 2009

Dear Aayog

The lady who was attacked must in the first place lodged a police complaint and then with the Bar Council. She can file a complaint even now. If she is proved guilty of the offence then the Bar Council can take steps to suspend the advocate for a period of time and even remove her from the rolls of the Bar Council for life. I don't think there are any such instances.

Kiran Kumar (Lawyer)     28 June 2009

it seems to be a moot problem?

 

well, as far as S. 35 is concerned it talks about professional misconduct only....i.e. where there is a relationship of lawyer and client.

 

since its a pvt. dispute and moreover a lawyer is not a public servant so no question of using any degree or license or authority.....in such a circrumstance Bar Council has no role to play unless and until it is proved that the act was done in discharge of professional services.

 

merely because a perosn was wearing lawyer's attire he can not be held to be misusing any authority while having any pvt. dispute with someone.


(Guest)

This does not amount to Professional misconduct. 

Swami Sadashiva Brahmendra Sar (Nil)     28 June 2009

I agree with mr. Kiran Kumar.

But I would supplement that in this case wearing the official dress though not a professional misconduct, is violation of code of conduct. Wearing the dress on a public place outside court campus is prohibited wide rule 7 of chapter II of Rules for Standards of Professional Conduct and Etiquet as passed by Bar Council of India. Now let us see, what sanction is attached to this violation ?

Gopal Krishna Behera (Advocate Orissa High Court Cuttack.)     28 June 2009

Thanks Mr.Kiran Kumar. I agree with his reply.

B.N.Rajamohamed (advocate / commissioner of oaths)     28 June 2009

The affected lawyer can register a case before the police if she failed she can file a private complaint undr section 200 Cr.P.C. befor the Judicial magistrate.

 

Undermining the dignity of the profession by behaving as a goondas in the public also falls within the purview of sectionb 35 of the Act. So, filing a case against the delinquent lawyer and refering the saame to the bar council will certainly invite desciplinary proceedings under section 35 of the Act and the Bar council of of India Rules.  

 

Deep Misra (student)     13 August 2013

sir I presume a good example of professional misconduct is " If a lawyer refuses to take case on the ground that people belive him to be guilty or if a lawyer deceiv his claint."

kriti agrawal (self)     28 August 2013

 Under advocates act 1961,section 35

 

(1) Where onreceipt of a complaint or otherwise a State Bar Council hasreason 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.

 

[(1A) The State Bar Council may, either of its own motion or on application made to it by any person interested, withdraw a proceeding pending before its disciplinary committee and direct the inquiry to be made by any other disciplinary committee of that State Bar Council.] 

 

(2) 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.
 
(3) 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:—

(a) dismiss the complaint or, where the proceedings were initiated at the instance of the State Bar Council, direct that the proceedings be filed;

(b) reprimand the advocate;

(c) suspend the advocate from practice for such period as it
may deem fit;

(d) remove the name of the advocate from the State roll of advocates.

(4) Where an advocate is suspended from practice under clause (c) of sub-section (3), he shall, during the period of suspension,be debarred from practising in any court or before any authority or person in India.

(5) Where any notice is issued to the Advocate-General under sub-section (2), the Advocate-General may appear before the disciplinary committee of the State Bar Council either in person or through any advocate appearing on his behalf.

 
 
kriti

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