What is the punishment for professional misconduct under Advocates Act?

What is the punishment for professional misconduct by an advocate?

[5] In various cases involving contempt of court, the court held that if any advocate or legal practitioner is found guilty of the act of contempt of court, he/she may be imprisoned for six years and may be suspended from practicing as an advocate (In re Vinay Chandra Mishra).

What is professional misconduct and its punishment?

Misconduct means dereliction of duty. Professional misconduct means dereliction of duty relating to Legal profession. Under S. 35 of the Advocates Act, An Advocate is punishable not only for professional misconduct but also for other misconduct.

What are the consequences of professional misconduct?

Consequences of Professional Misconduct

  • Section 35 of the Advocates Act, 1961 contains provisions for the circumstance of professional misconduct. …
  • Reprimand the advocate;
  • Suspend the advocate from practice for such a period as it deems fit;
  • Remove the name of an advocate from the state roll of advocates.
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What is professional misconduct of an advocate?

The term ‘Professional Misconduct’ in the simple sense means improper conduct. … It means any activity or behavior of an advocate in violation of professional ethics for his selfish ends. If an act results in dispute to his profession and make him unfit of being in the profession, it amounts to ‘Professional Misconduct’.

Which is the correct example of misconduct of advocate?

One of the cases of misconduct involved taking the signatures on blank watermarked paper for defrauding a client. The committee found the advocate guilty of the act. A complainant had alleged that her lawyer took the money and still did not appear in the court for the proceedings due to which she lost the case.

Is professional misconduct a criminal Offence?

Misconduct may involve harm to another person’s health or well-being. … Misconduct in the workplace generally falls under two categories. Minor misconduct is seen as unacceptable but is not a criminal offense (e.g. being late, faking qualifications).

What is a professional misconduct?

Professional misconduct, incompetence or incapacity are generally defined as failing to take reasonable steps to safeguard the life, health or property of a person who may be affected by the work of a member or any person for whom the member is responsible, when the member knows or ought to know that there was a risk …

What are examples of professional misconduct?

Things that would be considered to be professional misconduct are:

  • Failure to meet the Standards of practice.
  • Working while impaired.
  • Abusive conduct.
  • Theft.
  • Failure to get a patient’s informed consent.
  • Breaching confidentiality.
  • Failure to share information with client.
  • Inadequate documentation and record keeping.
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What is professional negligence in professional misconduct?

Professional negligence arises from the failure to perform duty or duties which might cause damage or loss to the clients. Negligence on the part of a cost accountant for not exercising restorable skill and care (that are normally expected in a task or in the performance of an assignment) constitutes a civil liability.

What is serious professional misconduct?

Serious professional misconduct may include the treatment of an animal if that treatment was seriously deficient – inadequate such that the veterinary surgeon is unfit to practise. Examples are a veterinary surgeon’s reckless care of an animal or a veterinary surgeon’s repeated errors.

Who is empowered to punish the advocates for the misconduct?

The Bar Council is empowered under Section 35 of the Advocates Act, 1961 to punish advocates for professional misconduct.

What is contempt of court in professional misconduct?

Section 2(c) defined criminal contempt as the publication of any matter which either Scandalises or lowers the authority of the court, or that such matter interferes or prejudices any judicial proceeding, Interferes or obstructs the administration of justice in any manner.

Which is famous case of misappropriation which amount to professional misconduct?

When an advocate collects money from his clients for court purposes and misuses it, it is called misappropriation which amounts to professional misconduct. L.C Goyal v. Suresh Joshi[6] is one such case of misappropriation.

What remedies are available to the advocate against the order of punishment for professional misconduct?

Remedies against the order of punishment passed by the Disciplinary Committee

  • Review.
  • Revision.
  • Application for Stay.
  • Appeal.
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What is contempt of court how it differs from professional misconduct?

Contempt of court on the other hand can be committed not only by the advocates but by any person.

Distinction between professional misconduct and contempt of court.

S.No Professional misconduct Contempt of Court
4 Matters of misconduct, here relate to the advocate and the Bar Council Contempt of court relates to the matter between contemnor and the court