The Kerala High Court suspended the respondent for a period of six months, for non-fulfillment of this duty under Rule 27 of the BCI Rules- Chapter II. Download Citation | Professional misconduct case studies. TITLE: REVIEW ON CASES OF PROFESSIONAL MISCONDUCT AMONG LAWYERS TOPIC: REVIEW ON CASES OF PROFESSIONAL MISCONDUCT AMONG LAWYERS. A.) It is to be noted that A was not the Managing Director or a Secretary of the Company. C 2.) 17.) C.) Yes, A is guilty of misconduct, as he should have shown in detail how much A received in the form of expenses, and how much was refunded to A by the court. In addition, attorneys must comply with standards of conduct imposed by the attorney’s licensing authority, the jurisdiction in which the attorney is practicing, and Department regulations and policies. Given the high standards expected of those in the legal profession, it would definitely be a fraud/misrepresentation if the concerned advocate does not disclose the fact of his previous conviction, especially those involving moral turpitude as they help ascertain the character of a man. Guilty of misconduct. B requested A to return the will. No, because by virtue of being C’s lawyer A has an implied authorisation to withdraw money on behalf of the client and use it for settlement of his fees. E 4.) A.) Lawyers have no right to strike, i.e. Principle: An advocate cannot, subject to certain conditions, usually retire from a case, A.) B 6.) A, an advocate assaulted the opposing counsel B, with a knife, during the lunch interval in a Munsif’s Court. D 3.) ‘Professional misconduct’: NCB suspends officers probing Karishma Prakash & Bharti Singh cases The probe into Bollywood’s alleged drug links is being led by Mumbai Police zonal unit in charge Sameer Wankhede. Find out the leading cases on professional misconduct and brace your concepts by solving an exhaustive quiz. For liability, there has to be moral delinquency. Babu Lal Jain v. Subhash Jain BCI Tr. Rangadurai v. D.Gopalan [7] , the court looked into the matter of professional misconduct in such a way that the decision was made in a humanitarian manner, considering the future of the accused in this case. Following allegations of professional misconduct, the NCB on Wednesday suspended two investigating officers (IO) probing Bollywood’s link with drugs. D.) Yes, because the State Bar Council is empowered to pass an order imposing punishment on an advocate found guilty of professional or other misconduct. Thus, giving of improper legal advice may amount to professional misconduct, which may not be so by the giving of wrong legal advice. 5,000/-. A, an advocate, was retained by the testatrix, T, to draft a will. Advocate A, aggrieved by an order of the Supreme Court dismissing a matter in limine, filed a writ petition before the Supreme Court, wherein A stated that the matter was improper for the Chief Justice of India to hear, and further stated that the dismissal was totally unjust, unfair, arbitrary, and unlawful, and a flagrant violation of the mandate under A.14; that was a violation of the sacred oath of office, and to declare that the Chief Justice’s holding office was unfair. List of Professional Misconduct Cases By Shambhu Prasad Choudhary (Please Read A-Z) AIBE-2019 Examination Books. Generally, however, the first step after receiving an allegation is to conduct an initial review of the allegations to determine whether further review is warranted. Yes, because this fact is confidential between B and his client A and revealing such would lead to violation of the fiduciary relationship between them, B.) Principle: Any communication made in furtherance of any criminal purpose is not protected from disclosure. A 11.) Teachers who violate the provisions of the Code of Regulations for Teachers and the TSC Code of Conduct and Ethics will face disciplinary action which may include warning or interdiction. What is gross professional misconduct? A.) A 18.) A denied having the will. The conduct must be deliberate or amount to gross negligence, and entitles an employer to dismiss the employee with immediate effect, without any notice. C is one of the three children and heirs with a one-third interest in undivided ancestral property. The Council has authority to exercise disciplinary powers by instituting inquiry into cases where it is prima facie of the opinion that a member is guilty of professional or other misconduct. 21.) However, he should record the same in books of account, B.) In cases that cannot be resolved based solely on the written record or that involve more serious allegations, OPR ordinarily initiates an investigation, which includes obtaining relevant documents, conducting witness interviews, and interviewing the subject attorney. 6.) Nurse who showed a video film containing dubious material This video is unavailable. Supreme court decided cases on professional misconduct. OPR receives allegations from a variety of sources, including U.S. Attorney’s offices and other Department components, courts, Congress, media reports, other federal agencies, state and local government agencies, private citizens, private attorneys, criminal defendants, civil litigants, and self-referrals. A’s liability, in this case, does not give rise to any such liability. No, because A has freedom of speech and expression under Art 19 of the Indian Constitution. When asked till when will the two officers … "Each year, the cases keep on rising tremendously. E.) Yes, because the litigation that might ensue from his advice can be financially very profitable for A, and the professional conduct of advocates stipulates that financial considerations should be taken into account by the advocate before giving his opinion. In severe cases of misconduct, the Regents may revoke the professional's license. While one of … A says to C that from twenty years professional experience, A is of the view that the person who “…goes to the court and fights really dirty gets the most in a ancestral family dispute of this nature.” Is A’s advice in accordance with professional ethics and standards? Is A guilty of misconduct? Only unsatisfactory professional conduct of a substantial, recurring or continuing nature is considered as professional or other misconduct. C approaches A, an advocate, requesting an alternative to litigation through which the share in the familial property could be settled fairly and amicably. B 10.) Is this fact protected from disclosure u/s 126 of Indian Evidence Act? (Violation of Rule 43 of the BCI Rules- Chapter II), The advocate made manipulation in the operative part of the judgement and decree by adding the words “mai sood” i.e. A.) The term malpractice refers to any professional misconduct that encompasses an unreasonable lack of skill or unfaithfulness in carrying out professional or fiduciary duties. 20.) There are many other landmark judgments regarding the cases involving professional misconduct of the advocates. The fee agreement entailed that, that if A were able to recover past salary and allowance, A would receive a fee of Rs. Case: D.S Dalal v. State Bank of India [6] In this case there was a complaint against an advocate that he misappropriated the amount paid to him towards the filing of suit and professional fees. 115 / 1996- The complainant alleged that the respondent advocate was a practising lawyer as well as was working as an editor, … If you need support with a professional misconduct case we’re here to help. (Violation of Rule 15 of the BCI Rules- Chapter II). E.) Yes, because the counsel’s connections with the complainant can qualify as the ‘special circumstances’ mentioned in the principle. A, an advocate, purchased a property which was under litigation. B.) Our team of solicitors can provide you with expert legal advice and knowledge to ensure the best outcome for you and your case. C.) Yes, because this is prevalent method of transaction between advocate and clients in India. However, had this been a suit for certificate proceeding, A would have been in violation of professional ethics. Principle: An advocate who has, at any time, advised in connection with the institution of a suit, appeal or other matter or has drawn pleadings, or acted for a party, shall not act, appear, or plead for the opposite party. Yes, A is not bound to refund the unearned money as fees to lawyers are, according to BCI rules to be treated as ‘gifts’ and once given cannot be returned. OPR makes professional misconduct findings only after conducting a full investigation. In those cases, OPR may consider whether the attorney exercised poor judgment, made a mistake, or otherwise acted inappropriately under the circumstances. A, however, appeared as a pleader in the litigation, and succeeded. In New York State, professional misconduct in all the professions (except that by physicians, physician assistants and specialist assistants, which is investigated and prosecuted by the Office of Professional Medical Conduct (OPMC) of the Department of Health) is investigated and prosecuted by the New York State Education Department's Office of the Professions. 1.) However, the. Can P be barred from enrolling an advocate? Its synonyms are misdemeanour, impropriety, mismanagement, offence but not negligence or carelessness. The Bar Council functions in a dual capacity, one as the prosecutor through its Executive Committee and the other quasi-judicial performed through its Disciplinary Committee. Principle : If a person enters the profession of law as a pleader, she must make up her mind to conduct the business of pleader and nothing else. Yes, A is guilty of professional misconduct for acting without the client’s instructions. A pistol shot is also said to have been fired by. By contrast, conduct is knowing when the attorney takes or fails to take an action with knowledge of the natural or probable consequences of the conduct, and those consequences are unambiguously prohibited by the applicable obligation or standard. B.) P, however, did not disclose prior convictions under Ss. E.) No, because such cases of embezzlement of often relate to national interest and the fiduciary relationship of a lawyer- client cannot be used to override national interest. A.) 1. – The lawyer in a class action suit settled contingent fee depending on the quantum of compensation awarded to the claimant; and that he identified some claimants in opening a bank account wherein the cheque for the awarded amount of compensation was lodged and then the amount withdrawn which identification was later on found to be false. Professional misconduct. Professional Misconduct. E.) Yes, because he is in law duty bound to make a free and fair disclosure and then refrain from prosecuting D based on statements of such witnesses. The decision to conduct an investigation does not give rise to a presumption of professional misconduct. Conduct in Reckless Disregard of an Obligation or Standard. A.) E.) Yes, under S.17 of the Indian Contract Act, P had a duty to speak; therefore, even if there was no column in the form for disclosing previous convictions, P should have disclosed it. Is a guilty of violation of the principle stated below? Visit Now! Advocates kept seeking adjournments, and thus harassing the witnesses for the purpose of cross-examination. The Court referred to the Preamble of the BCI Rules- Chapter II while adjudging the misconduct. No, because the A has rightfully deposited the money into Court after receiving it. In those cases, OPR may consider whether the attorney exercised poor judgment, made a mistake, or otherwise acted inappropriately. Section 35 envisages not only ‘professional misconduct’ but also ‘other misconducts’, not defined in the Act. C.) No, because A’s actions were motivated by previous instructions provided to him by his client and she has not explicitly cancelled the said instructions, D.) No, A is not guilty of professional misconduct as his action was for his client’s best interest, but he is guilty of criminal breach of trust for obtaining her signature on a blank paper and using them without her authority, E.) Yes, because a suit for maintenance in law cannot be filed after a suit for declaration that his client is not the lawfully wedded wife of the defendant, and this points to his professional incompetency. A received a sum of Rs.750/- from the client towards printing expenditures. If negligence is culpable nature, then it may lead to prof misconduct but not necessarily criminal liability. Secure .gov websites use HTTPS C 13.) C 22.) It was also asserted that since the first petition was not disposed of by a five-judge bench, the order was non-est. E.) Yes, A’s act of not returning the will that was entrusted to A by T is an abuse of trust reposed in A by T. A is retained by C, the client, to defend C from an offence C allegedly committed under S.289 of the India Penal Code. Disciplinary committee held him guilty of professional misconduct. No, because she is appointed by the State and any obligation P has is moral and not legal, B.) Gross misconduct is an employee's behaviour, which is serious enough to potentially destroys the relationship between an employer and employee. Yes, A is guilty of misconduct as A acquired an interest in a pending suit, in which A was acting as an advocate. Third, OPR considers whether the attorney nonetheless engaged in the conduct, which was objectively unreasonable under all the circumstances. These include those convicted of an offence involving moral turpitude. C, with no other alternative left, approached B, another senior counsel. No, because there is a proper ground for complaint in this case and A has a right to submit her grievances. The lawyer suggested that his client give bribe to the judge to get the suit decided in his favour. In fact, revealing that D was his past client would be breach of that confidentiality and violate professional ethics. A.) A.) In law profession misconduct means an act done willfully with a wrong intention by the people engaged in the profession. Advocate A was engaged by C, the client, to file a suit on two promissory notes for recovery with interest due against a debtor, D. Advocate A knew the D for 7-8 years and has been appearing for her in succession certificate proceedings. #3/3 LEGAL TOPIC. A, an advocate, was retained by the testatrix, T, to draft a will. A received a sum of Rs.750/- from the client towards printing expenditures. 411 and 473 of the Indian Penal Code. A is very scared of aggressive pets, as he was mauled by a dog when he was a kid. A.) Court also analysed Section 35 of the Act and held that the requirement of “reason to believe” cannot be converted into a formalised procedural road block, it being essentially a barrier against frivolous enquiries. to abstain from appearing in the court in cases in which they hold vakalat for the parties, even if it is in response to or in compliance with a decision of any association or body of lawyers. © Copyright 2016, All Rights Reserved. 19.) Yes, because A is under a duty to make a full and frank disclosure to C. A could only continue representing C, if C had asked A to continue after A had disclosed his connection with D. C.) No, because the prior cases done by A on behalf of D has no connection with this case on against D. A cannot be expected to disclose each and everyone of his past clients to C. D.) No, because an advocate- client relationship has an underlying sense of confidentiality. A lock (LockA locked padlock) or https:// means you’ve safely connected to the .gov website. A says to C “I will draft the will; in any event, I owe you Rs.500/-, and it will be a good way to settle the debt.” Is A in violation of any rule pertaining to professional ethics of advocates? Yes, B is an independent advocate and has full freedom to accept not accept any brief according to her personal choice, B.) For example, attorneys are required to comply with legal obligations imposed by the Constitution, statute, evidentiary or procedural rules, controlling case law, and local rules. E.) Yes, because according to law, A cannot take up such a case as there is a presumption of unfair trade practises against him. B requested A to return the will. B executed a deed of relinquishment in favour of A. P was prosecuting D in a high-profile murder case. A did not provide sufficient notice to the client, C. A also did not ensure the refund of the parts of fees that was unearned. application had no column for the same and hence P decides not to disclose his conviction. 5000 being the consideration based on the contingency of winning the case. In the course of the proceedings, B observes that an entry has been made in A’s account book, charging A with the sum said to have been embezzled, and that this entry was not in the book at the commencement of his employment. 9.) A here is a material witness to prove the genuineness of the affidavit. The lawyer did not serve the interest of his client and in fact acted against his interest. Alternatively, OPR may conclude that a violation resulted from the attorney’s reckless disregard of the applicable obligation or standard. Does such behaviour on A’s part, amount to criminal contempt? A, a client, says to B, an attorney: “I wish to obtain possession of property by the use of a forged deed on which I request you to sue.” Is such a communication protected from disclosure? A, however, accepted the brief and did not inform C about prior connection with D. Is A guilty of violating professional ethics? C approaches A to draft his will. The Supreme Court held that the advocate has committed breach of his professional duty and found him guilty of profession misconduct. However, if the S.C. reaffirms the H.C. order, then the Bar Council can take action. (2) The violation was intentional, or resulted from the attorney’s reckless disregard of the clear and unambiguous legal obligation or standard. Babu Lal Jain v. OPR also regularly conducts its own searches to identify judicial findings of misconduct against Department attorneys. Later, A withdrew the unspent balance of Rs.242/- without C’s consent, and kept it. For example, an attorney exercises poor judgment when the attorney takes an action in a situation involving obviously problematic circumstances without first seeking supervisory advice or guidance, because the Department would reasonably expect that an attorney exercising good judgment would consult with a supervisor before proceeding in such circumstances. the client, C. A also did not ensure the refund of the parts of fees that was unearned. A, an advocate, was representing C, the client, in a criminal appeal. The Disciplinary Committee of the Bar Council of India ordered the advocate to refund the money to the complainant along with the 10% interest per annum and also ordered suspension of advocate for a period of one year. Would A be allowed to retire from the case? A.) Supreme Court held that his conduct was such that his name should be removed from the state role of advocates as he was unworthy of remaining in the profession after the conviction. Director and Chief Counsel, Office of Professional Responsibility Yes, A is guilty of misconduct because an advocate cannot take up any other means of employment as long as he is enlisted as a practising advocate, B.) A definition of ‘misconduct’ is not set out in the Medical Act 1983 (the principle primary legislation that governs the GMC and MPTS). No, because the client’s interest are foremost for the advocate and his retirement would jeopardise such interest, C.) No, because the two roles being separate and not interrelated, discharging one does not hamper discharge of another, D.) Yes, but only because it is a partition suit and the Code of Civil Procedure, 1908 makes it mandatory for advocates to act accordingly, E.) No, because a mere verification of an affidavit is not in law enough to qualify one as ‘material witness’. A deposited the sum with the Court. A then filed an application for maintenance without instructions from the client by obtaining her signature on blank sheets, on a false premise. In some cases, OPR may conclude that a subject attorney’s conduct does not satisfy the elements necessary for a professional misconduct finding, but the circumstances warrant another finding. 500, and as long as both parties consent, they can choose to settle the debt in amount manner they choose to. Such punishment must meet two objectives- deterrence and correction. Those factors include, for example, the attorney’s opportunity to plan and reflect on the possible and foreseeable consequences of the conduct; the significance of the conduct compared with the breadth and magnitude of the attorney’s overall responsibilities and actions; and the extent to which the error was consistent with the attorney’s usual conduct. P also discovered that the only witness willing to testify herself had a motive to murder the victim. Prosecuted under Section 307 of IPC and Section 25 of the Arms Act. The lawyer was suspended for one year. No, because the fact that there is no column for the same in the form implies that such information is irrelevant for his enrolment. B.) 11.) Yes, because if an advocate handling the case, later becomes a genuine witness to the case, he has a duty to retire from the case, B.) Principle: A prosecutor must also ensure that there is no suppression of material that can establish the innocence of the accused. No, the communication, being made in furtherance of a criminal purpose, is not protected from disclosure. A.) 1.) Is a guilty of violation of the principle stated below? Contact the Webmaster to submit comments. Yes, because losing a case, deliberately or not, amounts to professional misconduct and incompetence, C.) No, because A stood up for what he felt is right and that should be appreciated, D.) No, because by appointing A as his lawyer, C has impliedly accepted to abide by whatever A’s opinion is on the matter, and he is bound by whatever the consequences of such opinion is. A.) It will be prudent for counsel not to act on implied authority (given by vakalatnama) except when warranted by the necessity of circumstances demanding immediate adjustment of suit by agreement or compromise and the signature of the party cannot be obtained without undue delay. C was charged with criminal negligence in taking care of a pet which had aggressive tendencies. Is A guilty of violating professional ethics? A, an advocate, owes C Rs.500/- as a debt for rent. Yes, because it is illegal for a counsel to take up a matter when she has connections with the opposite party according to the BCI rules, C.) No, because B is, in morals bound to take up the matter of a helpless man, although there is no legal rule compelling B to do the same, D.) No, because a lawyer has no right to reject a brief offered to her on payment of the fee agreed upon between the parties on grounds of connection to the opposing party. No, because A is, in law, duty bound to act for the best interest of his client. 13.) Yes, the agreement is a full fledged contract according to S.10 of the Indian Contract Act , being between A and C with Rs. Yes, because the Advocates Act prohibits any enrolled advocates from practising any other profession. Allahabad Bank v. Girish Prasad Verma - Non filing of the case or filing of the case with nominal court fees. It is the imperative duty of the counsel on receipt of the client’s decretal money, to inform the client thereof and pay him without the amount under receipt without any delay. C 21.) Principle: An advocate should not accept a brief or appear in a case in which an advocate has reason to believe that she will be a witness. E.) No, because the order of the High Court is not final and conclusive as A can still appeal to the Supreme Court. Conviction suspended on basis of a letter from the governor. An attorney’s violation is intentional when the attorney engages in conduct that is either purposeful or knowing. Principle: An advocate must disclose any interest the advocate might have, in or about the controversy, that a client would like to know to decide whether to engage the advocate, or continue the engagement of the advocate. Herself had a motive to murder the victim other misconducts ’, not defined in name! Not protected from disclosure duty bound to Act in such cases, OPR will determine whether the attorney to! ’ re here to help of colleagues, dishonesty about qualifications or employment,! Moral delinquency: a prosecutor must also ensure that there is no suppression of material that can establish the of... Found nine witnesses, who was dismissed from service such cases, OPR will initiate an inquiry the column... To submit her grievances violation is intentional when the attorney ’ s consent and... The conviction 307 of IPC and the High Court affirmed the conviction for State rolls the parts of fees was! Cause to retire from the complainant, in a high-profile murder case submission a... Misconduct against Department attorneys are subject to certain conditions, usually retire the... Government organization in the case the pet caused serious harm to a presumption of misconduct!, accepted the brief on grounds of her connection with the complainant, client. Reckless Disregard of an offence involving moral turpitude synonyms are misdemeanour, impropriety, mismanagement, offence not. Into Court after receiving it of that confidentiality and violate professional ethics to the! Best interest of the Indian Constitution the Act relinquishment in favour of a certificate... 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