Abstract

Advocacy is a noble profession and an advocate is the most accountable, privileged and erudite person of the society and his acts are role model for the society, which are necessary to be regulated. Professional misconduct is the behavior outside the bounds of what is considered acceptable or worthy of its membership by the governing body of a profession. Professional misconduct refers to disgraceful or dishonorable conduct not befitting an advocate. Generally legal profession is not a trade or business, it is a gracious, noble, and decontaminated profession of the society. The credibility and reputation of the profession depends upon the manner in which the members of the profession conduct themselves. The Advocates Act, 1961 as well Indian Bar Council are silent in providing exact definition for professional misconduct because of its wide scope, though under the Advocates Act, 1961 it provides to take disciplinary action and prescribes punishments when the credibility and reputation on the profession at stake on account of acts of omission and commission by any member of the profession. The Bar Council of India also prescribes "Rules of Conduct" to be observed by the Advocates in the courts, while interacting with clients and even otherwise.

Learning Objectives

The case is structured to achieve the following Learning Objectives:

• To give a brief definition of what is profession and professional conduct
• To under the scope and implication of the term ‘misconduct’
• To present some concepts about misconduct looking at from the point of view of profession.
• To discuss how personal misconduct leads to professional misconduct

Keywords

Advocate, Profession, Misconduct, Disciplinary Proceeding