Conduct of Advocates

Punishment of advocates for misconduct :

Section 35 of the Adocates Act, 1961?

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 or professional or other misconduct, it shall refer the case for disposal to its disciplinary committee:22'.

(1A) The State Bar Council may, either of its own motion or on application made to it by any person interested, withdraw a proceeding pending before its disciplinary committee and direct the inquiry to be made by any other disciplinary committee of that State Bar Council.

The disciplinary committee of a State Bar Council, shall fix a date for hearing of the case and shall cause a notice there of to be given to the advocate concerned and to the Advocate-General of the State.

(3) The disciplinary committee of a State Bar Council after giving the oaria=ni advocate concerned and the Advocate-General an opportunity of being heard. may take any of the following orders, namely ;-

(a)dismiss the complaint or,where the proceedings were initiated at the instance of the State Bar Council, direct that the proceedings be filed;

(b)reprimand the advocate;

(c) suspend the advocate from practice for such period as it may deem fit;

(d) remove the name of the advocate from the State roll of advocates.

(4) Where an advocate is suspended from practice under clause (c) of subsection (3), he shall, during the period of suspension, be debarred from practisinz in any court or before any authority or person in India.

(5) Where any notice is issued to the Advocate-General under sub-section. (2), the Advocate-General may appear before the disciplinary committee of State Bar Council either in person or through any advocate appearing on his behalf.

Explanation: In this section, section 37 and section 38. "Advocate-General" and Advocate-General of the State’’- shall, in relation Union Territory of Delhi, mean the Additional Solicitor-General of india.