Supreme Court Upholds Suspension of Advocate for Professional Misconduct
The Supreme Court recently upheld a decision of the Bar Council of India to suspend an advocate for 5 years for gross professional misconduct. The advocate had acquired a General Power of Attorney from his own client in a property-related case and subsequently sold the property.
Background
The bench comprising Justices Abhay S. Oka and Justice Pankaj Mithal was hearing an appeal from BCI’s decision to suspend the advocate for 5 years on account of professional misconduct. The disciplinary action stemmed from an inquiry conducted by the Bar Council. It was found that the advocate had taken a General Power of Attorney from his own client in respect of the property in question and failed to provide evidence that the consideration received was paid to the client.
Advocate’s Defense
In his reply before the disciplinary committee, the advocate claimed that he was also acting as a real estate agent and not just as an advocate. He stated that he had sold the property on behalf of his client as a real estate agent and received a commission for it.
Supreme Court’s Decision
The Supreme Court held that the advocate’s statement indicated that he was engaged in misconduct. The Court noted that the advocate had admitted to practicing as a real estate agent while also practicing as an advocate, which was unacceptable. The Court concluded that the advocate’s actions amounted to gross professional misconduct and upheld the decision to suspend him for 5 years.
Conclusion
The Supreme Court’s decision to uphold the suspension of the advocate for professional misconduct sets an important precedent for maintaining the integrity of the legal profession. It emphasizes the importance of adhering to ethical standards and avoiding conflicts of interest. The case serves as a reminder to all advocates to prioritize their professional responsibilities and act in the best interests of their clients.
Summary:
- The Supreme Court has upheld the decision of the Bar Council of India to suspend an advocate for 5 years for gross professional misconduct.
- The advocate had acquired a General Power of Attorney from his client in a property-related case and subsequently sold the property.
- The disciplinary action was taken after an inquiry conducted by the Bar Council.
- The advocate’s claim that he was also acting as a real estate agent was deemed unacceptable by the Supreme Court.
- The Court concluded that the advocate’s actions amounted to gross professional misconduct and upheld the 5-year suspension.
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