Professional Ethics Sample Project Synopsis

Note: Students are exempted to choose the Project topic mentioned in the Synopsis. If any Student
chooses the similar topic then their Project will be rejected.

Topic: Professional Misconduct

Introduction
This Project aims to study about various activities of Advocates that amounts to the offence of
professional misconduct and the role played by the Bar Council of India in its effectiveness.
In legal profession misconduct means an act done willfully with a wrong intention by the people
engaged in the profession or any activity or behavior of an advocate in violation
of professional ethics for his selfish ends. Indian courts have dealt with different types of cases
of professional misconduct wherein attempt of murder by the advocate towards his client have
also been reported. The Advocate Act, 1961 has conferred the jurisdiction to take action in all
cases of misconduct both professional or other also various punishment has also been imposed
under this Advocates Act 1961.But still it to be analyzed whether the current rules are effective
or any changes or amendments have to be made under the Advocates act 1961.

Objective
1. Identifying various instances of Professional Misconduct which is to be included.
2. To identify the drawbacks of Indian Courts in handling the matters concerning with
professional misconduct.
3. Identify the drawbacks in the disciplinary proceedings under the State Bar Councils and
Bar Council of India
4. Comparison of Professional Misconduct in England with that of India

Case Analysis

No Instance Case Law

1 Court’s jurisdiction to
hear disciplinary
matters
2 Moral Turpitude
3 Breach of Trust
Myres v Elman
Hikmat ALikhan vs Ishwar Prasad
Harish Chander Singh v S.N Tripathi
4 Bribe
5 Withholding an amount
6 Fraud
7 Swearing Fraud
Affidavit
8 Misappropriation
9 Negligence
Purshottam Eknath Nemade v D.N Mahajun
Prahalad Saran Gupta vs Bar Council of India
N.K JagannivasaRao v N.SHivananda Rao
M.Veerabhadra Rao v TekChand
D.S Dalal vs State Bank of India
V.P Kumaravelu vs Bar Council of India

Comparative Analysis

Comparable England India

things
Name of the Legal Profession Act Advocates Act 1961
Act 1987
And Legal Services act
2007
Division Advocates and Only Advocates
Solicitors
Complaining Legal Ombudsman State Bar Council or Bar Council of India
Authority
Appeal Can be subject to Can be subject to judicial review
judicial review
Highest Ministry of Law and Bar Council of India
Administrative Justice
Authority

Hypothesis

The Disciplinary Actions against Advocates is completely vested to the Bar

Council of India and State Bar Councils subordinate to it. And hence the Bar
Councils act as a quasi judicial body. There is no higher authority exists to monitor
the activities of the Bar Council on the other hand Bar Council have a complete
monopoly power over handling such cases. So chance for delaying the matter and
suppressing it can also be happen. The only remedy is to file an appeal before the
High Court or Supreme Court which will be again a time consuming procedure.
Conclusion

The Advocates Act 1961 which aims to improve the standard of Legal Profession
in India has been a downfall due to the non updating of rules concerning
professional misconduct. Strict disciplinary action is also to be implemented and
also the burden of state bar councils and Bar Council of India is also too high in
handling such matters. So an alternate body is to be setup in handling cases
concerning Professional Misconduct under the control of Bar Council of India.-

Suggestions

• Legal Ombudsman System has to implement in India in order to prevent the

flooding on cases to the State Bar council and Bar Council of India.
• The Disciplinary rules have to make much stricter relating to the offence of
fraud misappropriation and moral turpitude.

Bibliography
• Advocacy and Professional Ethics by Gururaja Chari First Edition Reprint 2005
• Lectures on Professional Ethics,Accountancy for Lawyers by Prof Rega Surya Rao
• https://shodhganga.inflibnet.ac.in/bitstream/10603/127670/15/12_chapter%203.pdf
Logged on 19-04-2020
• http://www.legalblog.in/2011/05/duties-and-conduct-of-advocates-supreme.html Logged
on 19-04-2020
• Nurturing Caring Lawyers: Rethinking Professional Ethics and Responsibility in India by
Ipshita Sengupta published in manupatra.com Logged on 19-04-2020
• Iqramuddin Malik, Dr.Ashish Singhal, Arun Prakash Singh. Ethics for Legal Profession
in India. Science and Nature (2014) 3(1) pages 12-14.