THE MATTER OF MR. 'A' AN ADVOCATE versus .

THE MATTER OF MR. 'A' AN ADVOCATE versus .

The Advocate authored and sent letters (post-cards) soliciting briefs, in contravention of professional etiquette and ethics, and further aggravated his misconduct by denying authorship and prior admissions before the Tribunal. This conduct was held to be gross professional misconduct warranting suspension from practice for five years.

Parties
Advocate Proceeded Against: Mr. 'A'; Nominal Respondent Via Additional Solicitor General: Attorney-General of India
Jurisdiction
India
Judgment Date
25 September 1961
Procedural Posture
Disciplinary Proceeding (in Re Professional Misconduct) / Final Judgment After Tribunal and Court Hearing
Outcome
Suspension from practice for five years.
Legal Topics
Professional Misconduct, Advocate on Record, Solicitation of Briefs, Bar Ethics
Legal Profession/ethics Disciplinary Proceedings Professional Misconduct Advocate on Record Solicitation of Briefs Bar Ethics

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Parties

Mr. 'A'

Advocate Proceeded Against

Attorney-General of India

Nominal Respondent Via Additional Solicitor General

Procedural Posture

Disciplinary Proceeding (in Re Professional Misconduct) / Final Judgment After Tribunal and Court Hearing

Legal Issues

  1. 1 Whether writing letters soliciting briefs constitutes professional misconduct for an Advocate on Record of the Supreme Court.
  2. 2 Whether untruthful conduct and denial of authorship before a tribunal amount to additional professional impropriety.

Ratio Decidendi

The Advocate authored and sent letters (post-cards) soliciting briefs, in contravention of professional etiquette and ethics, and further aggravated his misconduct by denying authorship and prior admissions before the Tribunal. This conduct was held to be gross professional misconduct warranting suspension from practice for five years.

Court Disposition

Suspension from practice for five years.

Orders

  • The Advocate is suspended from practice for five years.