Complaining against an Advocate

Complaints against an advocate can be with regard to professional or other misconduct by the advocate.^{(( Section 35, Advocates Act, 1961))} Actions that qualify as ‘misconduct’ cannot be defined with an exhaustive list. What should be kept in mind is the nobility of the job of an advocate, and the high standard that is expected of advocates by society.^{(( Noratanmal Chouraria v. MR Murali & Another, Civil Appeal 5476 of 1999))} Instances that are not explicitly mentioned in the law have led to disciplinary actions in the past, such as when an advocate tried to assault a client with a knife.^{(( Hikmat Ali Khan v. Ishwar Prasad Arya, 1997 (3) SC 131))}

Forum to Complain

The State Bar Council is the appropriate forum to lodge a complaint against an advocate.^{(( Section 35(1), Advocates Act, 1961))} Upon receiving a complaint, or on its own motion, the State Bar Council can refer a case of misconduct to one of its Disciplinary Committees.^{(( Section 35(1);Section 35 (1A), Advocates Act, 1961))}

Further, the disciplinary committee of the Bar Council of India also has the power to withdraw any pending proceeding from the State Bar Council and attend to the matter.^{(( Section 36(2), Advocates Act, 1961))}

If a case has been pending before the State Bar Council for more than a year since the receipt of complaint, the case shall be transferred to the Bar Council of India.^{(( Section 36B (1), Advocates Act, 1961))} If a person is not satisfied with the decision of the State Bar Council, they have the right to appeal to the Bar Council of India within 60 days of the communication of the decision.^{(( Section 37(1), Advocates Act, 1961))} If the person is still aggrieved by the decision of the Bar Council of India, they can approach the Supreme Court within 60 days of the communication of the decision.^{(( Section 38, Advocates Act, 1961))}

 Procedure to complain

State Bar Councils accept complaints against an advocate in the form of a petition, duly signed and verified. If you want to find the format, you can approach your State Bar Council which will have a prescribed standard format of complaint, along with the fees. Additionally, formats used can include languages such as English, Hindi or the language of the respective State. ^{(( Rule 1, Chapter 1, Part VII, Bar Council of India Rules, 1975))}

After a person submits the complaint, the Disciplinary Committee of the State Bar Council will inquire into the matter.

Punishing an Advocate

When a complaint has been made against an advocate, the Disciplinary Committee of the State Bar Council will give an opportunity for the advocate to defend themself. Further, the Advocate General of the State will also be present during the inquiry. After the inquiry, the Committee will either:

1. Reprimand the advocate;
2. Suspend the advocate for the time being;
3. Remove the advocate’s name from the State roll;
4. Dismiss the complaint.^{(( Section 35, Advocates Act, 1961))}