There is a general feeling that lawyers are above law and once the case is handed over to them, they can conduct the case in any manner or commit acts or omissions which amount to misconduct. That is not so. Action can be taken against them. If a person feels that an Advocate has done something which can be regarded as misconduct, he can file a complaint before State Bar Council's Disciplinary Committee which, under the Advocates Act, is entitled to take action against such an Advocate.
All State Bar Councils including Bar Council of India are required under the Act to constitute one or more Disciplinary Committees, each of which consists of three persons of whom two were elected by the Council from among its members and one is co-opted by the Council from among Advocates who possess proper qualifications and who is not a member of the Council. The senior most member of the Disciplinary Committee is the Chairman of the Committee.
The Disciplinary Committee on receipt of complaint and after giving notice and opportunity to the complainant and the advocate and hearing them can make any of the following orders:
i. dismiss the complaint;
ii. reprimand the Advocate;
iii. suspend the advocate from practising for such period as the committee deems fit;
iv. in case of very serious offence proved, remove the name of the Advocate from the State Roll of Advocates.
Once the advocate is suspended he is debarred from practising anywhere-in any court or Tribunal-till the suspension period is over.
All State Bar Councils including Bar Council of India are required under the Act to constitute one or more Disciplinary Committees, each of which consists of three persons of whom two were elected by the Council from among its members and one is co-opted by the Council from among Advocates who possess proper qualifications and who is not a member of the Council. The senior most member of the Disciplinary Committee is the Chairman of the Committee.
The Disciplinary Committee on receipt of complaint and after giving notice and opportunity to the complainant and the advocate and hearing them can make any of the following orders:
i. dismiss the complaint;
ii. reprimand the Advocate;
iii. suspend the advocate from practising for such period as the committee deems fit;
iv. in case of very serious offence proved, remove the name of the Advocate from the State Roll of Advocates.
Once the advocate is suspended he is debarred from practising anywhere-in any court or Tribunal-till the suspension period is over.
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