Skip to content
Practical Training I · Unit 3

Professional misconduct and discipline

Unit 3 of Practical Training – I: Professional Ethics and Professional Accounting System (syllabus: Module 3 — Advocates Act ss. 35–38, 36B, 44; the Disciplinary Committees). Below: what the unit covers, the provisions it turns on, and the cases an examiner expects you to name.

What this unit covers

  • What does 'professional or other misconduct' mean, and why did Parliament leave it undefined?
  • Where is the line between negligence and professional misconduct?
  • Who hears a complaint against an advocate, and what powers does the committee have?
  • How does a disciplinary proceeding run, and can a complaint be withdrawn once the parties settle?
  • What is the standard of proof in a disciplinary proceeding, who bears the burden, and must a charge be framed?
  • What punishments may be imposed for professional misconduct, and how has the quantum been controlled?
  • When does the Bar Council of India take a disciplinary case over from a State Bar Council?
  • What remedies has an advocate against an order of punishment, and does an appeal stay the punishment?

Treat that list as a self-test: recite each topic's rule from memory before you open its cases.

Provisions

Leading cases

Exam questions on this unit