Professional Misconduct and Its Implications Under Advocates Act, 1961

It’s a saying in India which roughly translates to the meaning that one should never befriend a police officer or an advocate. Both these professions involve tedious procedures and also have a bad name because of various professional misconducts. The general public suffers because of this and thus it is important to know about the misconduct by a legal professional and its implications. Read on to know more.

Who is an Advocate?

Under Section 2 (a) of The Advocates Act, 1961, “advocate” means an advocate entered in any roll under the provisions of this Act.

In other words, an advocate is someone who has studied law and is a legal practitioner. The advocates and lawyers in India are governed by the bar councils and All India Bar Association.

Advocate’s right to practice

Since advocates have completed the degree and possess the skill set to practice the law and fight the cases in court; it is their duty to practice ethically in their profession. They need to have a formal degree, knowledge and training on the basis of which they represent the clients in legal matters. Since the nature of the profession is sensitive; any kind of misconduct is viewed gravely.

Importance of good advocacy

People turn to advocates when they seek legal help and in a way advocates are representatives of the nation’s laws and judicial system. It is their prime responsibility to work towards justice and uphold the noble profession that is advocacy. Failing to do so does not only reflect badly on an individual but on an entire system.

Professional misconduct

Simply put, professional misconduct is nothing but which is unlawful in nature in the professional sense even if it is not inherently wrong. Here are some of the examples of professional misconduct in advocacy.

Professional negligence, dereliction of duty, misleading the client, negligence, contempt of court, unsound advice, changing sides, improper behaviour, dishonesty, bribing the court official, tampering with the witness testimony etc. are considered to be professional misconduct.

Disciplinary Committee

If an advocate is found guilty of the professional misconduct, Section 35 of the Advocates Act, 1961, has the provision to direct such cases to the disciplinary committee. This committee issues a show cause notice to the accused advocate and Advocate General of the State. After giving them both an opportunity of being heard, the committee passes any of the following orders:-

1. Dismiss the complaint, or where the proceedings were initiated at the instance of the State Bar Council, direct that the proceedings be filed;
2. Reprimand the advocate;
3. Suspend the advocate from practice for such a period as it deems fit;
4. Remove the name of an advocate from the State roll of advocates. 

Duties of an advocate towards the client

Some of the most important duties of an advocate along with maintaining professional ethics are:-

1. Being completely honest with the client;
2. Give proper advice to the client;
3. Not change sides;
4. Guide the client with the best way forward etc.

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