151 2008 DLT 695 (Del., DB) 8) SC Bar Association v. Union of India. Law Awareness Week 2020. ... 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 Tribunal is constituted as a Statutory Tribunal under Section 46 of The Solicitors Act 1974. Not to enter appearance without consent of the advocate already engaged: an advocate is prohibited from entering appearance in a case where there is already another advocate engaged for a party except with the consent of such advocate. Duty to opposite party:- While conducting a case, a lawyer has a duty to be fair not only to his client but also to the court, and to the opposite party. 1 be debarred from practising as an advocate for a period of two years from the date of the service of the order. The Disciplinary Tribunal has determined under section 93(1)(c) of the Legal Profession Act that cause for sufficient gravity exists for disciplinary action under section 83 of the Act. 1 in assaulting his opponent in the Court room with a knife and his having been committed the offence under Section 307, I.P.C. Undoubtedly, the appellant should not have indulged into prosecuting or defending a litigation in which he had a personal interest in view of his family property being involved. With our help, a disciplinary meeting can often lead to a better employer/employee relationship in the long-run. There are four basic penalties if a solicitor is found guilty: reprimand, fine, suspension and striking-off. (2) Neither Section 35 nor any other provision of the Act defines the expression ‘legal misconduct’ or the expression ‘misconduct’. 51. As a responsible advocate, I cannot let him,” Mr. Ayorinde said. We are, therefore, confined to this aspect in the present appeal. In the case of Court of Its Own Motion v. State dealing with the contempt proceedings involving two senior advocates, observed that ‘given the wide powers available with a Court exercising contempt jurisdiction, it cannot afford to be hypersensitive and therefore, a trivial misdemeanor would not warrant contempt action. It is very clear from the provisions of Section 35 that punishment can be awarded to an Advocate if he is found guilty of professional or other misconduct. A show cause notice was issued to him. action is personal/individual in nature. Provisions in Advocates act 1961 The advocates act 1961 is a comprehensive legislation that regulates the legal practice and legal education in India. ******************* Author: Dr Elbe Peter, MDS, LL.B, Dip Clin Res./ The  author can be reached at: elbepeter@legalserviceindia.com Table of cases 1) State of Punjab v Ram Singh, AIR 1992 SC, 2188 2) Sambhu Ram Yadav v.Hanuman Das Khatry 2001 6 SCC 1. An advocate may not advertise his services through circulars, advertisements, touts, personal communication or interviews not warranted by personal relations. The punishment of removal of the name from the roll of advocates is called for where the misconduct is such as to show that the advocate is unworthy of remaining in the profession. A victim’s advocate is assigned to each case and will attempt to make contact with the victim within 48 hours of arrest to gather information and to inform them of their rights throughout the process. The legal profession is different from other professions in that what the lawyers do, affects not only an individual but the administration of justice which is the foundation of the civilised society. The Tribunal adjudicates upon alleged breaches of the rules and regulations applicable to solicitors and their firms, including The Solicitors' Code of Conduct 2007, the SRA Code of Conduct 2011, and the SRA Principles 2011 . that he is or has been president or member of a bar council or of any association, or he has been a Judge or an Advocate-General, or that he specializes in a particular kind of work, or that he is or was associated with any person or organization or with any particular cause or matter. From 2010 on wards legal ombudsman is formed to deal with complaints against all lawyers, including solicitors, registered in England and Wales. However the following criticisms are levelled against the Act in terms of its power to punish for professional and other misconduct; 1) No provision of appeal is provided in the act in respective High courts, hence power of bar Council of the State is equated with that of High court. The professional misconduct may consist the fact in any conduct, which tends to bring reproach on the legal profession or to alienate the favourable opinion which the public should entertain concerning it. On the other hand, the Supreme Court let off I U Khan, who was found guilty by the High Court. Court held that debarring a person from pursuing his career for his life is an extreme punishment and calls for caution and circumspection before being passed. From the complaint which was lodged by the complainant before the State Bar Counsel it can be discerned that his allegation was that there was a family dispute, i.e., between the complainant and his brothers, in respect of a property which was in the name of their father and was an ancestral property. A pistol shot is also said to have been fired by him at the time of incident. (See A Solicitor v HK Lawsoc [2003] 4 HKC 229) No advertising or soliciting work, it is against an advocate’s code of ethics to solicit or advertise work and amounts to a misconduct on the part of the advocate. It provides for punishment for advocates for professional and other misconduct and disciplinary powers of the Bar council of India. He submitted that Courts should frame rules whereby any lawyer who mis-conducts himself and commits contempt of court by going on strike or boycotting a Court will not be allowed to practice in that Court. (1A) [ (Note:- Sub-section (1-A) ins. It means any activity or behaviour of an advocate in violation of professional ethics for his selfish ends. It has further been held as follows: “An Advocate who is found guilty of contempt of court may also, as already noticed, be guilty of professional misconduct in a given case but it is for the Bar Council of the State or Bar Council of India to punish that advocate by either debarring him from practice or suspending his licence, as may be warranted, in the facts and circumstances of each case. 1. make an allegation in an action or other legal proceeding, especially answer the previous pleading of the other party by denying facts therein stated or by alleging new facts 2. speak, plead, or argue in favor of "The doctor advocated a smoking ban in the entire house" 3. push for something "The travel agent recommended strongly that we not travel on Thanksgiving Day" He was not doing so in the capacity of an Advocate. As per him, the complainant was not authorised to sell the property without repaying his debt. In case dignity of Judiciary is not being maintained then where this institution will stand. 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. He has advised in … 3[Explanation.—In this section, 4[section 37 and section 38], the expressions “Advocate-General” and Advocate-General of the State” shall, in relation to the Union … A person who carries/undertakes the profession is called a professional. As regards the assistance of a lawyer is concerned, it has been said that there is no Common Law right in a party to a proceedings to be represented by a lawyer. 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