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Misconduct of Advocates

The expression misconduct a wide canvas should be adopted ( R.D Saxena vs Balram Prasad Sharma,2000,7 SCC ,264

Though parliament has not defined conduct or misconduct of advocate inspite of Caption given in Part V of the Advocates Act,1961,which is diametrically opposite to what has been provided under section 35 to 44 .It has simply devised a machinery to start disciplinary action against the Advocates under the above section of the Act..

There is no settled judicial decisions to define conduct of Advocates under all common circumstances.

A statutory Body namely Bar Council of India has been formed to frame Rule under section 49 of Advocates Act ,1961.The Bar Council of India has prescribed standard of Professional Conduct and etiquette to be observed by Advocates under clause 1(c) of the said section.

The word misconduct as referred to in section 35 of the Advocates Act held in R.D Saxena vs Balram Prasad that misconduct envisaged in section 35 of the Advocates Act is not defined.The section uses the expression misconduct, professional or other wise.

The word misconduct is a relative term .It has to be considered with reference to the subject matter and the context where in such terms occurs.

It literally means wrong conduct or improper conduct.

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