What is the Punishment of advocates for misconduct? Section 35 of Advocates Act, 1961
(1) Where on receipt of a complaint or otherwise
a State Bar Council has reason to believe that any
advocate on its roll has been guilty of professional
or other misconduct, it shall refer the case for
disposal of its disciplinary committee.
(1A) The State Bar Council may, either of its own motion or on application made to it by any person interested, withdraw a proceeding pending before its disciplinary committee and direct the inquiry to be made by any other disciplinary committee of that State Bar Council.
(2) The disciplinary committee of a State Bar Council shall fix a date for the hearing of the case a notice thereof to be given to the advocate concerned and to the Advocate General of the State.
(3) The disciplinary committee of a State Bar Council after giving the advocate concerned and the Advocate - General an opportunity of being heard, may make any of the following orders, namely-
a. Dismiss the complaint or, where the proceedings were initiated at the instance of the State Bar Council, direct that the proceedings be filed.
b. Reprimand the advocate
c. Suspend the advocate from practice for such periods as it may deem fit.
d. Remove the name of the advocate from the State roll of advocates
(4) Where an advocate is suspended from practice under clause (c) of sub section (3) he shall, during the period of suspension, be debarred from practicing in any court or before any authority or person in India.
(5) Where any notice is issued to the
Advocate-General under sub-section (2) the Advocate
- General may appear before the disciplinary
committee of the State Bar Council either in person
or through any advocate appearing on his behalf.
[Explanation - In this section, section 37 and section 38 the expression "Advocate-General" and "Advocate-General of the State" shall, in relation to the Union territory of Delhi, mean the Additional Solicitor General of India.
Section 16 : Senior and other advocates
Section 17 : State Bar Councils to maintain roll of advocates
Section 18 : Transfer of name from one State roll to another
Section 19 : State Bar Councils to send copies of rolls of advocates to the Bar Council of India
Section 20 : Special provision for enrolment of certain Supreme Court advocates
Section 21 : Disputes regarding seniority
Section 22 : Certificate of enrolment
Section 23 : Right of pre-audience
Section 24 : Persons who may be admitted as advocates on a State roll
Section 24A : Disqualification for enrolment
Section 25 : Authority to whom applications for enrolment may be made
Section 26 : Disposal of an application for admission as an advocate
Section 26A : Power to remove names from roll
Section 27 : Application once refused not to be entertained by another Bar Council except in certain circumstances
Section 28 : Power to make rules
CHAPTER IV RIGHT TO PRACTICE
Section 29 : Advocates to be the only recognized class of persons entitled to practice law
Section 30 : Right of advocates to practice
Section 31 - Special Power of Attorney (Repealed)
Section 32 : Power of court to permit appearances in particular cases
Section 33 : Advocates alone entitled to practice
Section 34 : Power of High Courts to make rules
CHAPTER V CONDUCT OF ADVOCATES