Misconduct of Lawyers in India - A Few Case Examples
Posted by rajini chenna on June 15th, 2018
Even though there is no definition as such for misconduct in the advocate’s act of 1966 but it does mean breach in discipline to say the least. Furthermore, it’s not possible to decide on what all would be included under misconduct and there is every possibility of addition or omission of something or the other intentionally or unintentionally.
The court has held that conduct that makes anyone unfit for his profession or embarrasses or damages the administration of justice’s reputation may be deemed as misconduct. The conduct that makes any advocate unworthy of continuing as the member of the legal profession or is not deemed fit for undertaking the responsibilities that have to be performed, he or she is chargeable of misconduct and is punishable under the same.
Some of the important cases that did bring the lawyers under the scanner and punished them if found guilty include the following-
1. Deliberate delay in filing a suit
3. Defrauding illiterate clients
4. Intentional delay in appearing in the court
5. Advocate engaged in carrying out business actively
Well, the committee decides on the punishment pertaining to professional misconduct after thorough cross examination and it comes under the advocates act 1966. As for contempt of court the punishment is different and not the same as professional misconduct.
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About the Authorrajini chenna
Joined: June 16th, 2016
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