What are the attributes of a profession? 35 to 44. Punishment of advocates for misconduct. Professional misconduct means wrong or improper conduct. 29 to 34. Punishment for professional misconduct and others Sections 35(1),35(1)(a), 35(2), 35(3), 35(4) ,,35(5), 41,42,42(1),42(3),42(4),42(5) of Advocates Act 1961 chapter 5. Advocates Act, 1961 35. - (1) Where on receipt of a complaint or otherwise a State Bar Council has reason to believe that any advocate on its roll has been guilty of professional or other misconduct, it shall refer the case for disposal to its disciplinary committee. As well as the provisions related to punishment for professional as well as other misconducts. The Advocates Act does not define the term but section 60 states that “the expression professional misconduct includes disgraceful or In this blog post, Mr.Sreeraj.K.V, a student of Government Law College, Ernakulam, Kerala writes about Professional misconduct under Advocates Act, 1961.The post covers areas like the definition of the term misconduct, provisions under the Advocates Act as well as various important cases dealing with the matter. 3. Where an Advocate is suspended from the practice he shall not practice in any court or tribunal or any authority or person during the suspended period. Professional and other misconduct, Principles for determining misconduct, Disciplinary Committees of State Bar Council and the Bar Council of India, Punishment of advocates for misconduct, Appeals to the Supreme Court, Chapter – V – Secs. INTRODUCTION Today you enter upon the practice of an age-old profession, a profession dedicated to the service of your God, your country and your fellowman. In this case, the Constitution bench of the Court upheld the right of Bar Councils to try advocates for alleged professional misconduct. Section 35 in THE ADVOCATES ACT, 1961. simultaneously enquire into the professional misconduct also by adopting summery procedure. Section 35 of the Act, prescribes punishment for misconduct. As per Clause 1 of Section 35 of the Act, misconduct includes professional misconduct or any other misconduct. The punishment to remove from the Advocates Roll is awarded only in the cases where the misconduct is of such nature that the Advocate is unworthy of remaining in the profession. Professional misconduct refers to disgraceful or dishonorable conduct not befitting an advocate. SECTION 35: PUNISHMENT OF ADVOCATES FOR MISCONDUCT… PUNISHMENT FOR MISCONDUCT AND PROCEDURE. Punishment S35. Section 35 empowers the disciplinary committee of the State Bar Council to punish an advocate for the professional or other misconduct. Watch Queue Queue. Existence of a body of specialized knowledge or techniques, Formalized method of acquiring training and experience, It establishes a representative organization with the profession as its goal, Formation of ethical codes for the guidance of conduct. Introduction A lawyer’s profession is meant to be a […] Before passing of the Advocates Act, 1961, the power to punish the advocates for misconduct was vested with the High Courts. [(1-A) The State Bar Council may, either… It describes provisions relating to punishment for professional and other misconducts. Chapter V of the Advocate Act, 1961, deals with the conduct of Advocates. The Advocates Act does not define the term but section 60 states that “the expression professional misconduct includes disgraceful or dishonourable conduct incompatible with the status of an Advocate.”Clearly the concept of professional misconduct is wide and the categories of behavior that would be considered as amounting to misconduct not closed. Actually, self restrain andrespectful attitude towards the court, presentation of correct facts and law with abalance mind and without over statement, suppression, distortion or embellishmentsare requisites of good advocacy. If an advocate Is found to be guilty of the offence he may be punished in the following ways: 1. Chapter V of the Advocates Act, 1961 deals with conduct of advocates. 5. The term “professional misconduct” is a widely used term in the context of the legal profession. According to Section 35 (1) of the Act, when the State Bar Council has a basis to believe that an advocate engaged in any act that makes him guilty of any sort of misconduct, they shall forward the matter to the disciplinary committee for disposal. Professional misconduct refers to disgraceful or dishonourable conduct not befitting an advocate[2]. Punishment of advocates for misconduct.―(1) Where on receipt of a complaint or otherwise a State Bar Council has reason to believe that any advocate on its roll has been guilty of professional or other misconduct, it shall refer the case for disposal to its disciplinary committee. further describes the provision for punishment for any type of misconduct by the advocates. b) MISCONDUCT: The term “Misconduct” has not been defined under the Advocates Act, 1961. Punishment of advocates for misconduct.— Where on receipt of a complaint or otherwise a State Bar Council has reason to believe that any advocate on its roll has been guilty of professional or other misconduct, it shall refer the case for disposal to … Section 35 of the Advocate makes it clear that an advocate may be punished for professional misconduct or other misconduct.The terms misconduct and professional misconduct are not defined In Section 35 or any other provisions of the Advocate Act, 1961. legal professionals. It held that Courts cannot suspend or revoke the licenses of advocates on their contempt and that the said power vests with the Bar Council. Section 35 of the Advocates Act 1961, talks about professional misconduct. Section 35 : Punishment of advocates for misconduct (1) Where on receipt of a complaint or otherwise a State Bar Council has reason to believe that any advocate on its roll has been guilty of professional or other misconduct, it shall refer the case for disposal of its disciplinary committee. Chapter V of the Advocate Act, 1961, deals with the conduct of Advocates. Supreme Court Rules 1966 i. 35. 35. Advocates and their Course of Conduct ii. Misconduct means an act accomplished willfully with an incorrect purpose by the humans engaged within the profession. Professional misconduct can be considered as a disgraceful or dishonorable action not suitable for an advocate.The 5th Chapter of the Advocate Act, 1961, describes the conduct of Advocates. 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