Professional Misconduct Definition

Advocacy is a noble profession and the acts of an advocate are role model for the society which is necessary to be regulated and backed by sanction. The credibility of the profession depends on the conduct of the members of that particular profession. Professional misconduct is the behavior outside the ambit and scope of what is acceptable in the society. Professional misconduct is a disgraceful act and a dishonorable conduct which is not accepted in the legal field. Though advocates act and Indian bar council does not provide any exact definition of professional misconduct but Chapter five of the ADVOCATES ACT 1961 deals with the provisions relating to the punishments for professional and other misconduct.

The expression professional misconduct

Misconduct per se has been defined in the Black’s law dictionary to be “any transgression of some established and definite rule of action ,a forbidden act ,unlawful or improper behavior willful in character , a dereliction of duty.”

In the words of Chief Justice Marshall has observed; “the fundamental aim of Legal Ethics is to maintain the honour and dignity of the Law Profession, to secure a spirit of friendly co-operation between the Bench and the Bar in the promotion of highest standards of justice, to establish honourable and fair dealings of the counsel with his client opponent and witnesses; to establish a spirit of brotherhood in the Bar itself ; and to secure that lawyers discharge their responsibilities to the community

The report basically contained the role of the defence advocate and special public prosecutor in the famous BMW case. On 31st may itself the division bench asked NDTV to preserve all the original material related with the sting operation and registered a writ petition suo motto. The basic issue was whether R K Anand and I U Khan (senior advocates) have committed contempt of court or not. Court said that courts of law are structured in such a design as to evoke respect and reverence for law and justice. Proceedings inside the court room are always expected to be held in dignified and orderly manner. Any legal professional found guilty for contempt of court would corrode the dignity of the court. Therefore this necessitates vesting of power with the high court to formulate rules for regulating the proceedings inside the court room. Misconduct pose a real and eminent threat to the purity of court proceedings. In such a case the court not only has the right but also the obligation to protect itself, hence can bar the advocate from appearing before the