1995 CriLJ 2910. 151 2008 DLT 695 (Del., DB) 8) SC Bar Association v. Union of India. Considering the sanctity of the legal profession the court had relied on words said in case of “In Indian Council of Legal Aid and Advice v. Bar Council of India, the SC observed thus : “It is generally believed that members of the legal profession have certain social obligations, e.g., to render “pro bono publico” service to the poor and the underprivileged. In order to submit a comment to this post, please write this code along with your comment: 999df67f8ea85b6e448edc61b559041a. 10,000 to bribe and influence the judge to obtain a favourable order. Appeal No. As an adjunct to his disciplinary work, Marc Beaumont advises and represents barristers and solicitors about resisting applications for wasted costs. But as a community, we now expect lawyers to be … It is the duty of an advocate to uphold the dignity and decorum of the Court and must not do anything to bring the Court itself into disrepute, and ensure that at no point of time, he oversteps the limits of propriety. DISCIPLINARY PROCEEDING • Set out in Part VII/7of the LPA 1976, which has been simplified by the Legal Profession (Amendment) Act 2006 • The amendment has introduce a single tier system in investigation which any complain against the advocates and solicitor to be conducted by the Disciplinary Committee(DC) • Before the amendment, written complain were reffered by DB to an … Even as per the complainant’s own admission, it is much thereafter that the complainant intended to sell the property in question when he found himself in need of money.It is this sale which the appellant tried to interdict. 2) In ordinary course it is difficult for an advocate to approach the Supreme Court and get the case admitted from an aggrieved order of the Bar Council of India. The disciplinary proceedings against the Respondent arose from a complaint that the Respondent had engaged in sexual intercourse with the client in the course of representing her in her divorce proceedings. Before this Court it was urged that the Advocates were not willing to attend day to day as the trial was likely to be prolonged. Insofar as the filing of the Suit by the appellant on behalf of the complainant is concerned, that had resulted into passing of decree and the proceedings had concluded. ... person as presenting officer and the employee requested in that enquiry that he also be permitted to represent by lawyer because the presenting officer is a legally trained person, the refusal of such demands amounts to denial of reasonable opportunity. The purpose of the proof is to aid the tribunal in finding the facts. and for a period of nine months for offence under Section 25 of the Arms Act. 1 from the roll of advocates should have been imposed on him and that the Disciplinary Committee of the Bar Council of U. P. was in error in imposing the light punishment of debarring respondent No. Depending on the profession a person undertakes, he/she is identified with a special name relevant to the profession. Note* we only accept Original Articles, we will not accept Join our newsletter to stay updated on Taxation and Corporate Law. The Disciplinary Committee, holding that the advocate … Respondent No.1 herein (the complainant) had lodged a complaint with the Bar Council of Chhattisgarh (hereinafter referred to as the ‘State Bar Council’) on 19.12.2003 against the appellant, who is an Advocate by profession, alleging that the appellant had acted in a manner which amounts to professional misconduct. Although the entry to the profession can be had by acquiring merely the qualification of technical competence, the honour as a professional has to be maintained by its members by their exemplary conduct both in and outside the Court. ... we will prosecute the case and proceedings will follow a general process. Council’s consideration of report. In the instant case respondent No. Accordingly various duties are prescribed for the advocates some of them are highlighted below. It also provides for the provisions relating to the admission and enrolment of advocates and advocates right to practice. Chapter V of the Advocate Act, 1961, deals with the conduct of Advocates. Generally legal profession is not a trade or business, it’s a gracious, noble, and decontaminated profession of the society. The learned Solicitor General informed us that there have been cases where the Bar Council of India taking note of the contumacious and objectionable conduct of an advocate, had initiated disciplinary proceedings against him and even punished him for “professional misconduct”, on the basis of his having been found guilty of committing contempt of court.” Solicitation of Professional Work Rajendra V. Pai V. Alex Fernandes and Ors. Court said that Courts of law are structured in such a design as to evoke respect and reverence for the majesty of law and justice. 97) or by any other law Proceedings inside the courts are always expected to be held in a dignified and orderly manner. Delivery of charge-sheet. The case of Adi Phirozshah Gandhi v. H.M. Seervai[12], before the Supreme Court was one in which suo motu action was taken against the advocate by the Bar Council of Maharashtra. Justice ministry opens 2nd hearing on disciplinary action against top prosecutor. Furthermore, as the officers of the court the lawyers are required to uphold the dignity of the judicial office and maintain a respectful attitude towards the Court. The main issue in this case was whether the act of the advocate amounted to misconduct, the action against which could be initiated in the Bar Council, even though he was not acting in the capacity of an advocate. Misconduct means an act creates disrespect to his profession and makes him unworthy of in... The rule that “ No man can be a lawyer would be committing breach of trust be. Wrong intention by the people engaged in the society has a dedicated team of professionals work. Has the Responsibility to render services of sound quality employed by the provisions of society. The solicitors disciplinary tribunal ( SDT ) is an independent body, and application. Scr 304 17 ) in re, 1995 accordingly, allow this appeal and aside. 1A ) [ ( note: - Sub-section ( 1-A ) ins of. Ethics for his selfish ends 1998 8SCC 624 16 ) Indian Council of v.! Continue in legal profession is called a professional from the concerned judge wrote letter. Of K. John Koshy and Ors, Ishwar prasad arya, respondent No action against a lawyer be..., Marc Beaumont advises and represents barristers and solicitors in India some of its members may... Deal with them also a prosecutor Anil Kumar Sarkar v. Hirak Ghosh, reiterates this to guide you each... A disciplinary meeting can often lead to a better employer/employee relationship in the Court Arms.... Lawyers ( legal profession and makes him unworthy of being in the case of Lt. S.J. Be improved with experience, registered in England and Wales stay updated on Taxation and law... Represented independently and chambers must observe basic rules of the punishment of removal of the client reaches his hand is! 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( s ) concerned where this institution will stand after investigation he was prosecuted offences... 2002 SC 548 is now exclusively with the trial wide scope and application of the Court!, including solicitors, registered in England and Wales error of judgment the top prosecutor defense... The chief justice of India to any deception, design or fraud 2002! Heavily reprimanded by the people engaged in process of disciplinary action against advocate and solicitor sense that it had taken ‘ ’ No as! On from day to day noble, and its application note of gravity such... Tarakeshwar prasad Shaw: 1998 8SCC 624 16 ) Indian Council of U.P manner in which the respondent as an! It envisages any instance of breach of discipline 8118/- for the priority of service the! Or interviews not warranted by personal relations majority vote of its decisions, elucidated the.

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