DUTY TO THE CLIENT: -

Fees - An Advocate is bound to accept any brief in the Courts or Tribunals or before any
authority in or before which he professes to practice at a fee consistent with his standing
at the Bar and the nature of the case.
Special circumstances may justify his refusal to accept a particular brief.
An Advocate shall not stipulate for a fee contingent on the results of litigation or agree to
share the proceeds thereof.
An Advocate shall not buy or traffic in or stipulate for or agree to receive any share or
interest in any actionable claim.
Nothing in this Rule shall apply to stock, shares debentures or government securities, or to
any instruments which are for the time being, by law or custom negotiable, or to any
mercantile document or title to goods.
An Advocate shall not, directly or indirectly, bid for or purchase, either in his own name or
in any other name, for his own benefit or for the benefit of any person, any property sold
in the execution of a decree or order in any suit, appeal or other proceeding in which he
was in any way professionally engaged. This prohibition, however, does not prevent an
Advocate from bidding for or purchasing for his client any property which his client may
himself legally bid for or purchase provided the Advocate is expressly authorized inwriting
in this behalf.
An Advocate shall not adjust fees payable to him by his client against his own personal
liability to the client, which liability does not arise in the course of his employment as an
Advocate.
Withdrawal
An Advocate shall not ordinarily withdraw from engagements once accepted, without
sufficient cause and unless reasonable and sufficient notice is given, to the client. Upon his
withdrawal from a case, he shall refund such part of the fee as has not been earned
Conflict of Interest
An Advocate should not accept a brief or appear in a case in which he has reason to
believe that he will be a witness and if being engaged in case, it becomes apparent that he
is a witness on a material question of fact, he should not continue to appear as an
Advocate if he can retire without jeopardizing his client's interests.
Disclosure
An Advocate shall at the commencement of his engagement and during the continuance
thereof, make all such full and frank disclosures 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.
Protection of Interest
It shall be the duty of an advocate fearlessly to uphold the interests of his client by all fair
and honourable means without regard to any unpleasant consequences to himself or any
other.
He shall defend a person accused of a crime regardless of his personal opinion as to the
accused, bearing in mind that his loyalty is to the law which requires that no man should
be convicted without adequate evidence.
Duty while prosecuting
An Advocate appearing for the prosecution in a criminal trial shall so conduct the
prosecution that it does not lead to conviction of the innocent.
The suppression of material capable of establishing the innocence of the accused shall be
scrupulously avoided.
An Advocate shall not, directly or indirectly, commit a breach of the obligations imposed
by Section 126 of the Indian Evidence Act.
An Advocate shall not, at any time, be a party to fomenting of litigation.
An Advocate shall not act on the instruction of any person other than his client or his
authorised agent.
An Advocate shall not do anything whereby he abuses or takes advantage of the
confidence reposed in him by his client.
Accounts
An advocate should keep accounts of the client‟s money entrusted to him, and the
accounts should show the amounts received from the client or on his behalf, the expenses
incurred for him and the debits made on account of fees with respective dates and all
other necessary particular.
Where any amount is received or given to him on behalf of his client the fact of such
receipt must be intimated to the client as early as possible
Where moneys are received from or on account of a client, the entries in the accounts
should contain a reference as to whether the amounts have been received for fees or
expenses, and during the course of the proceedings, no Advocate shall, except with the
consent in writing of the client concerned, be at liberty to divert any portion of the
expenses towards fees.
After the termination of the proceeding the Advocate shall be at liberty to appropriate
towards the settled fee due to him any sum remaining unexpended out of the amount
paid or sent to him for expenses, or any amount that has come into his hands in that
proceeding.
Where the fee has been left unsettled, the Advocate shall be entitled to deduct, out of any
moneys of the client remaining in his hands, at the termination of the proceeding for
which he had been engaged, the fee payable under the rules of the Courts in force for the
time being, or by then settled and the balance, if any, shall be refunded to the client
Where the fee has been left unsettled, the Advocate shall be entitled to deduct, out of any
moneys of the client remaining in his hands, at the termination of the proceeding for
which he had been engaged, the fee payable under the rules of the Courts in force for the
time being, or by then settled and the balance, if any, shall be refunded to the client.
A copy of the client's account should be furnished to him on demand provided the
necessary copying charge is paid.
An Advocate shall not enter into arrangements whereby funds in his hands are converted
into loans.
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 who has at any time, advised in connection with the institution of a suit,
appeal or other matter or has drawn pleadings or acted for a party, shall not appear or
plead for the opposite party.
A.S.Mohammed Rafi v. State of Tamil Nadu
The resolution of the Bar Association that lawyers will not defend certain accused persons
has been held to be against the professional ethics and also against the Constitution &
Statute.
Kokkanda B. Poondacha v. K.D. Ganapathi
One party to proceedings cannot cite advocate representing the other side as witness
without disclosing as to how his testimony is relevant as it will result depriving other side
of services of the advocate.
Fiduciary Duties
The relation between an advocate and his client is fiduciary.
It is of confidential nature requiring high degree of fidelity and good faith.
Trustee
V.C. Rangadurai v. D. Gopalan : relation between the advocate and his client
is purely personal involving a highest personal trust and confidence.
P.D. Gupta v. Ram Murti : Advocate purchased property of client at throw away price.
Vikas Deshpande v. Bar Council of India
J.S. Jadhav v. Mustafa H.M. Yusuf : an advocate withdrew certain amount on
behalf of his client. He was held guilty.
Fixation of Fee
Private agreement
Carter : in fixing the fees it is fair to consider the time used and the skill employed, the
amount involved and the result of services as well as customary charges for similar
services by the lawyers in general practice.
Contingent Fee
Section 23 of Indian Contract Act
Rule 9
Detachment and Objectivity
Right of lien
R.D. Saxena v. Balram Prasad Sharma - an advocate cannot claim lien over the litigation
files entrusted to him for his fees.
The court has held that no professional can be given the right to withhold the returnable
records relating to the work done by him with his client's matter on the strength of any
claim for unpaid remuneration.
New India Assurance Co. Ltd. V. A.K. Saxena
An advocate has no lien over the papers of their clients. So advocates cannot retain files
of his client on the ground that his fee has not been paid by him.
ADVOCATES RELATIONSHIP WITH COURTS:-
During presentation of case- Conduct with dignity and self-respect.
Shall not servile.
In case of proper ground for serious complaint against a judicial officer , it is right and duty
of advocate : to submit grievance to the proper authorities.
The rule empowers the advocate to make complaint against a judicial officer but it should
be submitted to the proper authorities.
An advocate shall maintain towards the courts a respectful attitude, bearing in mind that
the dignity of the judicial office is essential for the survival of a free community.
An advocate shall not influence the decision of a court by any illegal or improper means.
Private communications with a judge relating to a pending case are forbidden.
An advocate shall use his best efforts to restrain and prevent his client from resorting to
sharp or unfair practices or from doing anything in relation to the court, opposing counsel
or parties which the advocates himself ought not to do.
An advocate shall refuse to represent the client who persists in such improper conduct. He
shall not consider himself a mere mouth-piece of the client, and shall exercise his own
judgement in the use of restrained language in correspondence, avoiding scurrilous
attacks in pleadings, and using intemperate language during arguments in court.
An advocate shall appear in court at all times only in the prescribed dress, and his
appearance shall always be presentable.
An advocate shall not enter appearance, act, plead or practice in any way before a court,
Tribunal or Authority mentioned in Section 30 of the Act, if the sole or any member
thereof is related to the advocate as father, grandfather, son, grand-son, 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.
An advocate shall not wear bands or gown in public places other than in courts except on
such ceremonial occasions and at such places as the Bar Council of India or the court may
prescribe.
An Advocate should not act or plead in any matter in which he is himself peculiarly
interested.
Illustration :
1. He should not act in a bankruptcy petition when he himself is also a creditor of the
bankrupt.
2. He should not accept a brief from a company of which he is a Director.
An advocate shall not appear in or before any court or tribunal or any other authority for
or against an organization or an institution, society or corporation, if he is a member of
the Executive Committee of such organization or institution or society or corporation.
“Executive Committee”, by whatever name it may be called, shall include any Committee
or body of persons which, for the time being, is vested with the general management of
the affairs of the organization or institution, society or corporation.
Provided that this rule shall not apply to such a member appearing as “amicus curiae” or
without a fee on behalf of a Bar Council, Incorporated Law Society or a Bar Association.
An Advocate shall not stand as a surety, or certify the soundness of a surety for his client
required for the purpose of any legal proceedings.
Section III - Duty to Opponent
An advocate shall not in any way communicate or negotiate upon the subject matter of
controversy with any party represented by an advocate except through that advocate.
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.
Section IV - Duty to Colleagues
An advocate shall not solicit work or advertise, either directly or indirectly,
whether by circulars, advertisements, touts, personal communications,
interviews not warranted by 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. His
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 worker or that he has been a Judge or an Advocate
General.
An advocate shall not permit his professional services or his name to be used in aid of, or
to make possible, the unauthorized practice of law by any law agency.
An advocate shall not accept a fee less than the fee taxable under rules when the client is
able to pay the same.
An advocate shall not enter appearance in any case in which there is already a vakalat or
memo of appearance filed by an advocate engaged for a party except with his consent; in
case such consent is not produced he shall apply to the Court stating reasons why the said
consent could not be produced and he shall appear only after obtaining the permission of
the Court.
Section V-Duty in imparting training
It is improper for an advocate to demand or accept fees or any premium from any person
as a consideration for imparting training in law under the rules prescribed by State Bar
Council to enable such person to qualify for enrolment under the Advocates Act, 1961.
Section VI-Duty to Render Legal Aid
Every advocate shall in the practice of the profession of law bear in mind that any one
genuinely in need of a lawyer is entitled to legal assistance even though he cannot pay for
it fully or adequately and that within the limits of an Advocate’s economic condition, free
legal assistance to the indigent and oppressed is one of the highest obligations an
advocate owes to society.
Section VII-Restriction on other
Employments
An advocate shall not personally engage in any business; but he may be a sleeping partner
in a firm doing business provided that in the opinion of the appropriate State Bar Council,
the nature of the business is not inconsistent with the dignity of the profession.
An advocate may be Director or Chairman of the Board of Directors of a company with or
without any ordinarily sitting fee, provided none of his duties are of an executive
character. An advocate shall not be a Managing Director or a Secretary of any company.
An advocate shall not be a full-time salaried employee of any person, government, firm,
corporation or concern, so long as he continues to practice, and shall, on taking up any
such employment, intimate the fact to the Bar Council on whose roll his name appears
and shall thereupon cease to practice as an advocate so long as he continues in such
employment.**Nothing in this rule shall apply to a Law Officer of the Central Government
of a State or of any Public Corporation or body constituted by statute who is entitled to be
enrolled under the rules of his State Bar Council made under Section 28 (2) (d) read with
Section 24 (1) (e) of the Act despite his being a full time salaried employee.
An advocate who has inherited, or succeeded by survivorship to a family business may
continue it, but may not personally participate in the management thereof. He may
continue to hold a share with others in any business which has descended to him by
survivorship or inheritance or by will, provided he does not personally participate in the
management thereof.'
An advocate may review Parliamentary Bills for a remuneration, edit legal text books at a
salary, do press-vetting for newspapers, coach pupils for legal examination, set and
examine question papers; and subject to the rules against advertising and full-time
employment, engage in broadcasting, journalism, lecturing and teaching subjects, both
legal and non-legal.
Nothing in these rules shall prevent an advocate from accepting after obtaining the
consent of the State Bar Council, part-time employment provided that in the opinion of
the State Bar Council, the nature of the employment does not conflict with his
professional work and is not inconsistent with the dignity of the profession. This rule shall
be subject to such directives if any as may be issued by the Bar Council India from time to
time.
Admission, Enrolment of Advocate-
Section 16 to 28 deals with admission and enrollment of advocates.
Section 17 imposes duty of maintaining the list of advocates on State Bar Council.
Bar Council of India has framed rules to this effect.
There are two classes of advocates
a. Senior Advocates
b Advocates.
Qualifications (Section 24)
Citizen of India : Rule of reciprocity for admission of Foreign Advocates is exception.
Age : Completed 21 years
Degree of Law from recognized University.
He/She shall comply with other rules made by Bar Council of India in this regard Payment
of Stamp Duty (if any) has been done.
Admission of Vakil/ Pleader
He shall have degree of Law Shall fulfill other conditions Shall apply within two (2) years
from appointed day.
Certain other persons can be enrolled [Section 24(3) ]
All India Bar Examination
Rules 9 to 11 were added to Chapter III , Part IV of Bar Council of India Rules.
Every advocate enrolled shall pass All India Bar Examination conducted by Bar Council of
India. (R.9)
Mandatory for all who are graduating from academic year 2009-10.
Provisions regarding AIBE (R.10)
Twice each year
Substantive & Procedural Law
Syllabi shall be published by BCI at least three(3) months prior to schedule of examination
Minimum percentage of Marks shall be determined
Without any limit on number of attempts unsuccessful advocate can appear.
Certificate of Practice
Disqualification for Enrollment
Convicted of an offense involving moral turpitude
Convicted of an offense under provisions of Untouchability (Offenses) Act, 1955 ( Now
Protection of Civil Rights Act, 1955)
Proviso : if two years have lapsed since his release or dismissal
disqualification shall cease to exist.
Procedure for enrollment
Application : In prescribed format to State Bar Council within whose
jurisdiction the applicant proposes to practice.
Reference : Such application shall be referred to Enrollment Committee .
Refusal : If committee proposes to refuse any application it shall refer the application for
opinion to Bar Council of India with Statement of Grounds in support of refusal of
application.
Such intimation shall be sent to all other State Bar Councils (Section 26)
Certificate of Enrollment : Section 22
It shall be issued if application of enrollment is not rejected.
If there is any change in residence , the enrolled advocate shall intimate State
Bar Council about such change within 90 days from such change.
Removal of names from roll
State Bar Council (Section 26A) : on death of person or as per request made by enrolled
advocate.
Bar Council of India (Section 26): If it is satisfied that , any person has entered his name in
roll by misrepresentation as to an essential fact, fraud or undue influence.
Special Provision for enrollment of certain
Supreme Court Advocates : Section 20
Advocate having right to practice immediately before appointed day but whose name has
not been entered into State Bar Council's roll , can get enrollment .
BCI will direct State Bar Council to enter such name without any fees.
Disputes regarding seniority : Section 21
Where date of seniority of two or more persons is same , the one senior in age shall be
reckoned as senior to another.
If any dispute arise , it shall be referred to State Bar Council.
Criteria to be decided by BCI
Haniraj L. Chulani v. Bar Council of Maharahstra & Goa.
The Supreme Court held that the rules made by the Bar the Council restricting the entry of
a person already carrying on other profession is not arbitrary and, therefore, not against
Article 14 of the Constitution.
It does not impose unreasonable restriction and as a result it is not violative of Article
19(1)(g) which guarantees all citizens right to practice any profession or to carry on any
occupation, trade or business.
The rights protected are not absolute rights.
The said classification has a reasonable nexus to the object sought to be achieved,
namely, the efficiency of advocates belonging to the legal profession and the better
administration of justice for which the legal profession is partner with the judiciary.
The rule is not unreasonable and arbitrary and, therefore, not violative of Article 14.
Indian Council of Legal Aid and Advice v. Bar Council of India
The Court has made it clear that the rule debarring a person who haven completed the
age of forty-five years is beyond the rule-making power of Bar Council of India.
Senior Advocates
An advocate may, with his consent , be designated as Senior Advocate if the Supreme
Court or High Court is of opinion that the advocate deserves such designation.
Criteria to decide : By virtue of his ability, standing at the Bar or special knowledge or
experience in law.
Restrictions on Senior Advocates
Shall not file a Vakalatnama or act in any court or Tribunal or before any person or
authority mentioned in Section 30.
To act means file an appearance or any pleading or application .
Shall not appear without an advocate on record in the Supreme Court or without an
advocate in Part II of State Roll.
Shall not accept instruction to draft pleadings or affidavits , advise on evidenceor to do
any drafting work of analogous kind in any Court or Tribunal etc.
Shall not undertake conveyancing work of any nature.
Privileges
Free to make concessions or give undertakings in the course of arguments on behalf of his
clients on instructions from the junior advocates.
Reasonable fee can be paid to junior advocates.
Right to pre-audience
Under the new procedure, each High Court and the Supreme Court will need to have a
Permanent Committee for Designation of Senior Advocates composed of the Chief Justice,
the two senior most judges,the Advocate General (for High Courts) or Attorney General
(for the SC) and an eminent member of the Bar nominated by the other four members.
This is significantly different from the old procedure whereby only the judges made the
decisions.
Applications for designation as a senior advocate would be received and vetted by the
Secretariat of the Permanent Committee, which will process the applications and send a
report to the Committee.
The Committee has to then interview the applicants and assess them based on the
following factors:
1. Number of years of experience;
2. Their contributions to reported judgments of the courts, and the number of such
judgments in the last 5 years;
3. Publications by them; and
4. Test of personality and suitability
The Permanent Committee will then select which applications are to be forwarded to the
respective full courts, which will then make the final determination.
Unsuccessful applications can be resubmitted after two years.

RIGHTS OF ADVOCATES:
Right to Practice- Section 29 makes it clear that only Advocates are recognized class of
persons who are entitled to practice law.
Unified Bar for the whole of India.
Section 55 : Saving clause for vakils, mukhtars, pleaders, attorneys to retain their rights of
Practice.
Subject to disciplinary jurisdiction of BCI.
Bar Council of India v. High Court of Kerala : Supreme Court made it clear that the
advocate's right to practice is not Fundamental Right.
Section 30 of the Advocates Act provides that subject to the provisions of this Act, every
advocate whose name is entered in the State roll shall be entitled as of right to practice
throughout the territory to which this Act extends -
I. In all Courts including the Supreme Court
II. Before any Tribunal or person legally authorised to take evidence
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 Practice.
Harish Uppal v. Union of India
Right to practice is not absolute right.
It is subject to rules framed by the Supreme Court under Article 145 or High Court under
section 34 of Advocates Act.
Balraj Singh Malik v. Supreme Court
The rules framed by the Supreme Court so as to prescribe conditions, which an advocate is
required to fulfil in case he wants to act or plead before the Supreme Court and become
Advocate on Record are not discriminatory and violative of Article 14 of the Constitution.
Right to practice is different than Right to Appear. W.r.t. Section 32.
Any court authority or person may permit any person, not enrolled as an advocate under
this Act to appear before it or him in any particular case.
Harishanker Rastogi v. Giridhari Sharma
The Supreme Court has held that a private person who is not an advocate , has no right to
barge in the Court and claim to argue for a party.
He must get the prior permission of the Court for which motion must come from party
himself.
Discretionary power of Court.
Powers of High Court:
Section 34 of the Act empowers the High Court to make rules laying down the conditions
subject to which an advocate shall be permitted to practice in the High Court & the Courts
subordinate thereto.
Rules for fixing and regulating taxation and fees payable as costs by any party.
Amarjit Singh Kalra v. Smt. Pramod Gupta
Within the court , the right of audience of an advocate is to be regulated by the Court
itself.
The Court can prevent the Advocate from continuing to appear in the matter if it feels that
it would be improper to allow him to appear in the said matter.
Rules of Bar Council of India
Chapter III Part IV.
It is duty of every advocate to see that his name appears on the roll of State Bar Council
within which jurisdiction he ordinarily practices.
An advocate shall not enter into a partnership or any other arrangements for sharing
remuneration with any person or legal practitioner, who is not an advocate.
Every advocate is required to keep informed the Bar Council on the roll of which his name
stands and of every charges of his address.
Voluntary suspension of Practice & resumption of Practice.
Rule 8 of Chapter III of the Rules of Bar Council of India provides that no advocate shall be
entitled to practice, if in the opinion of the Council, he is suffering from such contagious
disease as makes the practice of law a hazard to the health of others.
The disqualification shall last for such period as the council directs from time to time.
Right of Pre-audience- Section 23
The Attorney General of India shall have pre-audience over all other advocates.
The Solicitor General of India shall have pre-audience over all other advocates.[Subject to
Section 23(1) ]
Subject to the provision of sub section (1) and (2), the Additional Solicitor General of India
shall have pre-audience over all other advocates.
the second Additional Solicitor-General and (3A) the Advocate General of India shall have
pre-audience over all other advocates]
the Advocate-General of any State shall have pre-audience over all other advocates, and
the right of pre-audience among Advocates General inter se shall be determined by their
respective seniority.
(i) senior advocates shall have pre-audience over other advocates and
(ii) the right of pre-audience over senior advocates inter se and other advocates inter se
shall be determined by their respective seniority.
STRUCTURE, POWER AND FUNCTIONS OF BAR COUNCIL OF INDIA:
STRUCTURE OF BAR COUNCIL OF INDIA
1. Attorney- General of India (Ex-officio members )
2. Solicitor General of India (Ex-officio members )
3. One member elected by each State Bar Council from amongst its members.
Sec. 4(1-A) : The member to be appointed as Member of BCI , shall have at lease 10 years
of experience.
Chairman & Vice-Chairman will be elected by the Council amongst itself as per the Rules
prescribed.
Tenure of Members
Ex-officio members : Till the time they continue on the post
Members elected by State Bar Council : - in case of a member of a State Bar council who
holds Office ex-officio, -
Two years from date of election
Or - in any other case , for period of which he holds office as member of State Bar Council
Vacancy - the member shall continue to hold the office until his successor is elected.
A seat will be deemed to be vacant if :
a. If a member of State Bar Council , without any sufficient cause , remains absent for
three (3) consecutive meetings of such Council
b. If name of such member is removed from the roll of Advocates.
c. Or he is disqualified otherwise.
Seat and Status (Sec.5)
Seat : New Delhi ( Can be changed) (Sec. 10A)
Body corporate
Perpetual succession
Common seal
Can sue and can be sued
Functions of Bar Council of India ( Sec. 7 )
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;
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;
to recognize Universities whose degree in law shall be a qualification for enrollment as an
advocate and for that purpose to visit and inspect Universities or cause the State Bar
Councils to visit and inspect Universities in accordance with such directions as it may give
in this behalf
to conduct seminars and organize talks on legal topics by eminent jurists and publish
journals and papers of legal Interest
to organize legal aid to the poor in the prescribed manner
to recognize on a reciprocal basis foreign qualifications in law obtained outside India for
the purpose of admission as an advocate under this Act;
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.
to do all other things necessary for discharging the aforesaid functions
Functions of Bar Council of India
A. Admission as Advocates : Limited Powers conferred .
As this function is mainly discharged by State Bar Councils.
Transfer of Names : Sec. 18 Bar Council of India , after receiving application from the
advocate can direct to transfer the name.
If any disciplinary proceeding is pending or otherwise application is not bona fide ; Bar
Council can reject the same.
B. Appointment of Committee and Staff-members.
a. Disciplinary Committees - Section 9 - 3 members ( 2 elected + 1 co-opted member)
Senior most will be Chairman of Committee
b . Legal Aid Committee : Section 9A - Min. 5 - Max. 9 members
c. Standing Committees by State Bar Council : Section 10(1)
d. Executive committee consisting of Nine Members elected. Section 10(2)
e. Legal Education Committee : Section 10 (2) : 10 Members = 5 elected + 5 co-opted
Secretary , Accountant , Such other staff members
C. MAINTENANCE OF ACCOUNT : SECTION 12
State Bar councils shall submit audited accounts to Bar Council of India .
Bar council of India shall submit the audited accounts and consolidated report to Central
Government & shall cause the same to be published in the Gazette of India.
D. POWER TO PUNISH FOR PROFESSIONAL OR OTHER MISCONDUCT
Disciplinary Committee ( Section 36)
Withdrawal of inquiry : On own motion / on application from person interested / Report
of State Bar Council
Procedure : Fixing of date , Notice to Advocate and Attorney-General of India, Hearing ,
Decision
Orders can be passed : Dismissal/Reprimand/ Suspension/ Removal of name
E. Appellate Power
Section 37 : To hear appeal against the order of the disciplinary committee of State Bar
Council.
Limitation : 60 days
Variation in punishment
Harish Uppal v. U.O.I. : Discipliary jurisdiction over advocates though rests in Bar Councils,
yet by virtue of Section 38 , final authority is with the Supreme Court.
F. Other Powers.
Revision
Review
Issuing Directions
Allocating fund
Reciprocal admission/ denial to foreign lawyers
G. Rule making Power Section 15 & 49 the election of members of the Bar Council the
manner of election of the Chairman and the Vice-Chairman of the Bar Council Dispute/
Doubt resolution regarding elections the filling of casual vacancies in the Bar Council
the powers and duties of the Chairman and the ViceChairman of the Bar Council Creation
of funds for assistance / legal aid organization of legal aid and advice to the poor,
constitution and functions of
committees and sub-committees for that purpose and description of proceedings in
connection with which legal aid or advice may be given.
The conduct of business of committees the qualifications and the conditions of service of
the secretary, the accountant and the other employees of the Bar Council the
maintenance of books of accounts and other books by the Bar Council;
the appointment of auditors and the audit of the accounts of the Bar Council; the
management and investment of the funds of the Bar Council.
STRUCTURE, POWER AND FUNCTIONS OF STATE BAR COUNCIL
Kerala & Lakshadweep - Bar Council of Kerala
Tamilnadu & Pondicherry - Bar Council of Madras
Goa, Diu-Daman, Dadara-Nagar Haweli & Maharashtra - Bar Council of
Maharashtra & Goa
Punjab , Haryana and Chandigarh - Bar Council of Punjab & Haryana
Delhi - Bar Council of Delhi
West Bengal & Andaman- Nikobar : Bar Council of West Bengal
States of Arunachal Pradesh, Assam, Mizoram and Nagaland to be known as
the Bar Council of Arunachal Pradesh, Assam, Mizoram and Nagaland;
For all other states - Bar Council of that State
Composition
Chairman & Vice-Chairman
Advocate-General of State - ex-officio
Bar councils which are working commonly for two or more states : like
Punjab and Haryana , Assam , Arunachal Pradesh, Nagaland , Mizoram :
Advocate-general of each State .
For Delhi : Additional Solicitor General.
Electorate Number- Number of Members
Less than 5000 - 15
5001- 10,000 - 20
10-001 to 25000 – 25
Status
Body corporate
Perpetual succession
Common seal
Can sue and can be sued
Functions
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;
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 organize talks on legal topics by eminent jurists and
publish journals and papers of legal interest;
to organize legal aid to the poor in the prescribed manner;
to manage and invest the funds of the Bar Council
to provide for the election of its members

Creation of Fund
A State Bar Council may constitute one or more funds in the prescribed
manner for the purpose of -
giving financial assistance to organize welfare schemes for the indigent,
disabled or other advocates;
giving legal aid or advice in accordance with the rules made in this behalf;
establishing law libraries.

Powers and Functions

Admission as Advocate on a State Roll & Maintenance of roll of Advocates

Primary Function
Process of enrollment
Issuing Certificate of Enrollment
MAINTENANCE OF ACCOUNT : SECTION 12
State Bar councils shall submit audited accounts to Bar Council of India .
Bar council of India shall submit the audited accounts and consolidated report to Central
Government & shall cause the same to be published in the Gazette of India.
POWER TO PUNISH FOR PROFESSIONAL OR OTHER MISCONDUCT
Disciplinary Committee ( Section 36)
Withdrawal of inquiry : On own motion / on application from person
interested / Report of State Bar Council
Procedure : Fixing of date , Notice to Advocate and Advocate-General of
India , Hearing , Decision
Orders can be passed : Dismissal/Reprimand/ Suspension/ Removal of name
Rule Making Power
To perform the functions envisaged under Section 16 to 28.
Appointment of Committee and Staff-members.
Disciplinary Committees - Section 9 - 3 members ( 2 elected + 1 co-opted )
Senior most will be Chairman of Committee
b . Legal Aid Committee: Section 9A - Min. 5 - Max. 9 members
Professional Misconduct :
Meaning & Ambit of Professional Misconduct
Section 35 of the Advocates Act provides in respect of punishment for professional or
other misconduct.
It is clear that an advocate may be punished not only for professional misconduct but also
for other misconduct.
The rules made by Bar Council of India contain canons of conduct and etiquette adopted
as general guides and the specific mentioned thereof should not be construed as a denial
of the existence of other equally imperative though not specifically mentioned.
Black's Law Dictionary
Misconduct means transgression of some established & definite rule of action, a forbidden
act, a dereliction of duty, unlawful behaviour, wilful in character, improper or wrong
behaviour.
State of Punjab v. Ram Singh
The Supreme Court observed that the term 'misconduct' may involve moral turpitude, it
must be improper or wrong behaviour, unlawful behaviour, willful in character forbidden
act, a transgression of established and definite rule of action or code of conduct But not
mere error of judgment , carelessness, or negligence in performance of duty
The act complained of bears forbidden quality or character.

Its ambit has to be construed with reference to the subject-matter and the context
wherein the term occurs, regard being had to the scope of the statute and the public
purpose it seeks to
Noratanmal Chaurasia v. M.V. Murli
Not possible to lay down exhaustively what constitutes misconduct.
Improper behavoiour, intentional wrong doing, or deliberate violation of a rule of
standard of behaviour.
In Re Tulsidas Amanmal Karim
Any conduct which in any way renders a person unfit for the exercise of profession or is
likely to tamper or embarrass the administration of justice by the High Court or any other
Court subordinate thereto may be taken as misconduct.
Two Tests laid down :
A. The misconduct is such that he must be regarded as
unworthy to remain a member of the honorable profession.
B. The misconduct is such that he must be regarded as unfit to be entrusted with the
responsible duties that an advocate is called upon to perform.
Disjunctive Test.
Hikmat Ali Khan v. Ishwar Prasad Arya
An advocate who assaults his opponent in the Court Room with knife and is convicted of
the offense of committing murder is unworthy of remaining in legal profession and his
such conduct calls for imposition of the punishment of removal of the name from the State
roll of the Advocates.
N.G. Dastane v. Shrikant S. Shivde
Seeking repeated adjournments for postponing the examination of witnesses present in
the Court is a misconduct and an advocate may be punished for the same.
B.L. Wadehra v. State
Lawyers have no right to strike and therefore, any strike by lawyers is illegal and
unethical.
If due to strike, a lawyer abstains from appearing in court in a case where he holds
vakalatnama, he is committing a professional misconduct, a breach of contract and a
breach of trust.
V. P. Kumaravelu v. The Bar Council of India
Negligence
Facts of case are important.
Standard of Proof
Kashi Nath v. U.C. Patnaik : Before punishing an advocate for misconduct, there must be
clear proof of his misconduct.
State Bar Council and Disciplinary Committee Section 35.
On receipt of complaint or otherwise A state bar council has reason to believe Any
advocate on its roll
Has been guilty of professional or other misconduct
It shall refer the case for disposal to disciplinary committee.
Composition of Disciplinary Committee.
Each State Bar Council may constitute one or more
disciplinary committees.
Disciplinary Committees - Section 9 - 3 members ( 2 elected + 1 co-opted)
Senior most will be Chairman of Committee
Initiation and Procedure
Disciplinary Committee is required to make inquiries in the cases referred to it by State Bar
Council.
Suo Motu/ After Receiving complaint.

Sec. 36-B: disposal of complaint shall be done expeditiously & shall be concluded within
one year from date of receipt of complaint or initiation. Failing to it - transfer of
proceeding to Bar Council of India.
Notice to Advocate-General
Powers
After Hearing-
Dismissal of complaint
Reprimand the advocate
Suspend the advocate
Remove name of Advocate
Section 42 summoning and enforcing the attendance of any person and examining him on
oath; requiring discovery and production of any documents; receiving evidence on
affidavits requisitioning any public record or copies thereof from any court or office;
issuing commissions for the examination of witness or documents any other matter which
may be prescribed:
Provided that no such disciplinary committee shall have the right to require the
attendance of— any presiding officer of a Court except with the previous
sanction of the High Court to which such court is subordinate; any officer of a revenue
court except with the previous sanction of the State Government.
Nature of Enquiry - judicial proceedings within the meaning of sections 193 and 228 of the
Indian Penal Code, 1860
Decision
Absence of Chairman will not make the proceeding ipso facto invalid.
Decision shall be by Majority.
No final order shall be made in any proceeding unless
Chairman and other members are present.
If no final order made Decision shall be laid before
Chairman of Bar Council / Vice-Chairman.
COST
Section 43 : The Disciplinary Committee of a State Bar
Council may make such order as to the costs of any proceedings before it as it may deem
fit.
Any such order shall be executable as if it were an order of the High Court.
Bar Council of India and its Disciplinary Committee

Section 36(1) : 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
Withdrawal of Complaint
Disciplinary Proceeding pending before State Bar Council can be withdrawn & disposed off
by Disciplinary committee of Bar Council of India.
either of its own motion or on a report by any State Bar Council or on an application made
to it by any person interested
Continuance of Proceedings - a disciplinary committee of the State Bar Council or a
disciplinary committee of the Bar Council of India ceases to exercise jurisdiction and is
succeeded by another committee which has and exercises jurisdiction, the disciplinary
committee of the State Bar Council or the disciplinary committee of the Bar Council of
India, as the case may be, so succeeding may continue the proceedings from the stage at
which the proceedings were so left by its predecessor committee. (Section 36A)
Procedure to Be followed-

Part VII of Rules of Bar Council of India deals with

complaint against advocates.
Rule 1: Form of Complaint : Petition duly signed & verified as required under CPC.
English / Translation in English.
Accompanied by prescribed fees
Documents can be called.
If complaint is found to be in order , it has to be placed before Bar Council and decision of
reference would be taken by Bar Council.
Rule 2: Before referring a complaint to the Disciplinary Committee, the Bar Council may
require a complainant to furnish further & better particulars-
-may also call comments from advocate complained against.
Rule 3 : Show cause notice
Calling for statement of defence, documents, affidavits.
Appearance in person / through authorized representative.

Rule 4 : Chairman shall fix date date, hour and place of enquiry after Not more than 30
days.
At least 10 days before notice shall be given.
Copy of complaint, documents to Advocate-General/
Attorney-General/ Additional Solicitor General
Rule 5 : Manner of Service of Notice - Form E-1 & E-2.
Through messenger/ by RPAD on advocate or agent
according to Order V of CPC.
May also be sent through Civil Court.
Rule 6 - Appearance of Parties
In person/ through Advocate ( by giving Vakaltanama) A senior advocate can appear with
advocate who has filed vakalatanama. Amicus curia can be appointed.
Rule 7 : After due service of notice , if complainant or
respondent , does not appear, ex-parte hearing will be
conducted. Or Fresh notice can be issued.
Order to set aside ex-parte decision : within 60 days
application + Affidavit.
Rule 8 : Hearing
Evidence
Trial of Suit (Civil nature)
Rule 9 : Evidence shall preferably be recorded in English.
Signed by Chairman / in absence of chairman by member recording evidence.
Rule 10: Record of Day-to-day proceedings.
Registrar : responsibility to maintain case diary
Rule 14 : Finding of majority - is finding of Committee.
Dissent can be recorded separately.
In re an Advocate :
Supreme Court held that proceeding before the disciplinary committee is essentially quasi-
criminal in nature & therefore the standard of proof for this purpose is the same which is
required for convicting an accused in criminal charge.
Remedies against order of Punishment
Review Appeal - To Bar Council of India
Appeal to Supreme Court
Review : Section 44 Within 60 days of the date of order On own motion / otherwise
Approval of Bar Council of India is necessary.
Section 48AA - Power to review : Bar Council of India
Rules pertaining to Review
Chapter II of Part VII
Rule 1 : Application in format - duly signed and verified
Prescribed fee
If it is filed by aggrieved party , within 15 days from date of order sought to be reviewed.
Certified copy of order complained of 5 Additional copies of Application , affidavit & order
If more than one respondent , as many more copies as much
are required.
Grounds of Review
Summary procedure
Notice to Advocate-General/ Additional Solicitor General of India
If not dismissed and if allowed copies to be sent to BCI
Appeal
Order passed by Bar Council of State-Appeal would lie
before Bar Council of India.
Application may be heard by Disciplinary Committee of Bar council of India and any order
may be passed including variation in punishment
Principles of Natural Justice
Order of State bar Council shall not be varied so as to
prejudicially it will affect person aggrieved without giving him reasonable opportunity of
being heard.
Procedure
Chapter I of Part VII
Rule 19 : Appeal in form of Memorandum in writing
English / translated in English
All parties shall be impleaded.
On death of complainant, legal representative shall be made party.
Rule 20 : Presented by Appellant / his Advocate or by his Recognized Agent.
By hand / By RPAD It must be sent to Secretary, Bar Council of India.
Delay Condonation
Rule 21 : Form no. 6 - Particulars (for appeal memo)
Authenticated/ Certified copy of Order appealed against - Signed by Registrar of
Disciplinary Committee.
Five additional copies of Memo, order.
Certified by Appellant or by his council
Rule 24: six typed sets of paper signed & indexed- Complaint . Statement of defence ,
evidence , oral - documentary- other part of record as directed.
Allocation of Matters Chairman / Vice-Chairman of Executive Committee. Or other
authorized member.
Matter can be reallocated.
The Chairman may pass interim orders.
Rule 23: Place of Hearing, time , date subject to resolution of Bar Council of India.
Rule 25: Registrar may issue notice
Rule 26 : appeal cannot be withdrawn on account of
settlement of compromise.
Rule 27: Appearance
Powers of Civil court or Court of Appeal under CPC.
Appeal shall not operate as stay of order.
Appeal to the Supreme Court
Section 38 : Any person aggrieved by an order made by Disciplinary committee may prefer
appeal .
Within 60 days of the date on which the order is
communicated.
Supreme Court Bar Association v. Union of India
In exercise of contempt jurisdiction, the license of an
advocate cannot be suspended or cancelled by the Supreme Court .
Such punishment cannot be imposed by taking recourse to the appellate power under Sec.
38. , while dealing with contempt of court.
High Court has no power to hear appeals under this section.
Bar Council of Andhra Pradesh v. Kurapati Satyanarayana
Bar Council is of dual capacity , one as prosecutor though its executive committee and
other quasi-judicial performed through its Disciplinary Committee.