LEGAL ETHICS AND COURT CRAFTS

PROFFESIONAL MISCONDUCT

SUBMITTED BY- SUBMITTED TO-

NAME-SUNNY KHANNA NAME- MS.GARIMA GOSWAMI
ENROLL.NO-13551103820
YEAR-5TH (BA-LLB)
 INTRODUCTION
 "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
members of the calling of justice to obey rules or morality and utility." - Justice
Krishna Iyeri

Being an advocate is a noble and moral career choice. One could consider
advocates to be among society's most privileged, responsible, and intelligent
people. Because advocates have such a high status in the community, they could be
looked up to as role models by others; therefore, their actions should always be
controlled..

As a result, to practise their profession, professionals must adhere to certain values

or standards of ethics. In short, inappropriate behaviour is referred to as
"professional misconduct." An advocate might do it to satisfy his own desires or to
make ends meet.
 PROFESSIONAL MISCONDUCT
 Professional misconduct is defined as any action that puts the
advocate in conflict with their profession or renders them unfit to
practise. Put simply, any action that prevents an advocate from
practicing their profession. It is evident that the legal profession is a
noble, polite, and uncontaminated one rather than a business or trade.
 Professional Misconduct includes the following situations:
Betraying the trust of a client
Practising fraud through certain means
Deceiving the court
Deceiving the opposing party or their counsel
 The Supreme Court examined the following
when discussing "Professional Misconduct"
in State of Punjab v. Ram Singhi:
 Improper or inappropriate behaviour
 Behaviour that is unlawful according to law
 Immorality
 Carelessness in discharge of duty
 An act forbidden by law
 Or transgression
 .

INSTANCE OF PROFFESIONAL MISCONDUCT

 Non-performance of Duty:
The term "dereliction of duty" is another term for this circumstance. It can be defined
as the circumstance in which an attorney either transfers the case brief to another
attorney or deserts the client and neglects to fulfill his obligations. A transfer of this
kind is thought to be unprofessional. But if the advocate acts in this manner after
obtaining the client's consent, it is not improper.V.C Ranga Durai vs D. Gopalan
 Negligence on behalf of the Professional:
An advocate is supposed to use the appropriate abilities and expertise as they proceed
with the case. Furthermore, it is anticipated of him to act with caution and diligence.
But if the advocate was careless and fabricated information or withheld the truth, that
would be considered professional misconduct.Mohd. Ismail versus Balarathnaiv
 Misappropriation:
Misappropriation is a form of misconduct that occurs when an advocate receives
money from his client for purposes connected to the case, but the advocate
misappropriates the money for reasons unrelated to the case.In this case, an advocate
was charged with embezzling the money he received from the client. The remaining
sum was used for professional fees, and the sum was obtained in order to file a
lawsuit. The advocate who placed the blame on the High Court stated that the suit
papers were misplaced by the High Court registry.
 Contempt of Court and Inappropriate behavior before the Magistrate:
A person who violates the justice system, the court's authority, or its dignity by
acting in a manner that is disrespectful or disobedient towards the court or any of its
officials is guilty of contempt of court. Respecting and upholding the dignity of the
court is the obligation of an advocate. Any false accusations made against a judge
or other court official are considered misconduct. There are two distinct forms of
contempt: acting inappropriately towards judges in court or completely disobeying
the court's orders.The leader of the Communist Party of India, M.V. Jayarajan, was
sentenced to six months in prison in 2010 for contempt of court after he made
remarks that were critical of the Kerala High Court's ruling to forbid public
gatherings. Nevertheless, following an appeal to the Supreme Court, his sentence
was shortened to four months.

 Giving Out False Information:

It is misconduct for an advocate to knowingly provide a public servant with
misleading information. The information may deal with an offense that has already
been committed or it may deal with committing an offense and stopping others
from doing so. The advocate will face consequences for professional misconduct if
he is aware of, or has reasonable suspicion that, the information being provided is
untrue.
 PUNISHMENT OF PROFFESIONAL
MISCONDUCT
 Dismiss the complaint against the advocate or direct to file the
proceedings where they were initiated by the State Bar
Council.
 Reprimand the advocate.
 Suspension of advocate from practice for a specific period.
 Remove the name of the advocate from the state roll.
 DUTIES OF AN ADVOCATE
 Duty towards opposite party:
◦ The advocate must manage the case with fairness and respect, not just for his own client but
also for the court and the opposing party.
◦ Negotiation and communication with the other parties regarding the topic and other
controversy-related details are required, but only through the opposing party's advocate.
◦ He must never attempt to cause harm to the other party or his attorney, either inside or outside
the courthouse.

 Duty towards his client:

◦ There is a strong fiduciary bond between the client and the advocate. The attorney must
reasonably and thoughtfully assess the cost of the associated legal services and advice,
charging no more than what is reasonable.
◦ In addition, it is the Advocate's responsibility to bravely advance the client's interests by just
and moral means.

 Being truthful and polite is an advocate's primary obligation to the court. It

would be considered professional misconduct if he were to act disrespectfully.
◦ Before he presents the case, he needs to prepare it completely. He must act with the highest
dignity and respect for himself while making his case.
◦ He cannot attempt to use any unethical or unlawful methods to sway the court's rulings.
Additionally, he ought to refrain from attempting to speak with a judge about an ongoing case.
 . Duty to Provide Legal Aid:
◦ Attorneys should always remember that anyone in immediate need of
legal representation has the right to look for a legal assistant, even if they
are unable to pay the attorney's fees in full or adequately.
◦ One of the most significant duties an advocate has to the community is to
provide free assistance to the marginalised and impoverished segments of
the population.

 Employment Restrictions:
◦ An advocate may be a partner in crime in any company that is in business,
but he may not personally engage in any other business. Nonetheless, the
Bar Council states that the nature of the business cannot be at odds with
the respect for the profession.
◦ He is not permitted to work as a salaried employee of any government
agency, individual, business, or firm while he is actively practicing law.
◦ An advocate may carry on a family business that he inherited, but he is
not allowed to take an active role in its management. In a similar vein, he
is permitted to own stock in a company he inherited, but he is not
permitted to oversee y.
 Landmark Judgments:

Sambhu Yadav v/s Hanuman Khatry x:

In this case, the complainant lodged a grievance against an advocate who was
registered with the State Bar Council of Rajasthan. The subject of the complaint
was bribery. The complaint states that during the suit appearance, the attorney
requested in writing a bribe of Rs. 10,000 to sway the judge to their side and
secure an order that would benefit them. The Disciplinary Committee stated that
the lawyer was completely unfit to practice law due to his actions. The Supreme
Court upheld the Bar Council's decision, declaring that practicing law is not a trade
or a business. To ensure justice, it is the Advocates' responsibility to uphold the
integrity and morality associated with their line of work and to combat corruption.

 M. Murlixiii v. Noratanmal Chaurasia xi:

In this case, the Supreme Court ruled that while the word "misconduct" is not
defined in the Advocates Act, misconduct is depicted and includes a breach of
discipline. After assaulting the complainant with a kick, the advocate in this case
requested that the complainant not pursue the case further. The Supreme Court
declared that attorneys have a duty to adhere to the standards and guidelines
regarding conduct. Such behaviour was deemed inappropriate for any professional
setting.
 Suo Motto Enquiry v/s Lal Balwani xii:
Here, the advocate appeared in the Apex Court, opened his shoes, threw them, and yelled
slogans. Two charges were brought against him:
. professional misconduct and disrespect.
The Supreme Court convicted him of his crimes and sentenced him to four months in
prison and a fine of Rs. 2000. His name was later to be removed from the State roll after
the Bar Council of India and the Disciplinary Committee found him guilty of professional
misconduct.

 BCM v/s M. Dabholkar xiii:

It was observed that the attorneys who positioned themselves at the Magistrate's court
entrance in an attempt to identify and pursue potential plaintiffs, typically caused
difficulties for both sides. The Disciplinary Committee noted that professional misconduct
was evident in this instance. It further declared that a book or regulation could not contain
professional ethics. Misconduct involving solicitors must therefore be understood in a
dynamic and context-specific way that captures the advocate's duty to the public.

 SCBA v/s UOI xiv:

Taking up complaints about advocates is one of the State Bar Council's most important
responsibilities when it comes to their behaviour. It is the responsibility of the States' Bar
Council to forward any suspicions of misconduct regarding an advocate to the State Bar's
Disciplinary Committee for resolution. Should the Council fail to initiate legal action
against the advocate despite being informed by the Court, the Court shall exercise its
authority under Section 38 by assuming control of the Bar's proceedings and issuing
appropriate directives.
 CONCLUSION
 The legal profession is extremely important. Since practicing
law is seen as a noble and moral profession, upholding
professional ethics is crucial. There have been cases where a
lawyer tried to kill his own client. Therefore, it is imperative
to ensure that those with such criminal tendencies are
prohibited from shielding others from punishment. There are a
few rules that guarantee the individual enrolling as an
advocate has no criminal history, but they are insufficient to
guarantee the individual's propensity for crime.
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