🏛️ What is the Disciplinary Committee?

• Composition: 3 members — 2 elected by the Bar Council + 1 co-opted advocate with required qualifications.
• Chairman: The senior-most advocate among the 3 members becomes the Chairman.
• Powers: Same powers as a Civil Court — can summon witnesses, examine on oath, require documents.
• Governed by: Sections 35–44 of the Advocates Act, 1961.
• Appeal: Appeal lies to the Bar Council of India, then to the Supreme Court of India.

📂 Categories of 50 Opinions at a Glance

🤔 What Does "Negligence" Mean in Simple Words?

Imagine you hire a doctor, and the doctor forgets to give you your medicine. That's negligence — not doing the job you were paid to do. For lawyers, negligence means failing to do their duty towards the client or the court. Even if the lawyer did NOT intend to harm the client, carelessness that causes harm is still misconduct.

📌 Key Types of Negligence Found in Opinions 1–10

• Not filing a case after receiving fees: Advocate takes money, promises to file a case, but never files it — this is negligence AND breach of trust.
• Allowing case to be dismissed for default: Advocate does not appear in court, case gets dismissed. Client suffers huge loss.
• Making false representations: Telling the client "your case is going well" when in reality the case has already been dismissed — this is both negligence and fraud.
• Not informing client of dismissal: Advocate knows the case was dismissed but does not inform the client, who only finds out years later.
• Not paying court fees: Advocate receives money for court fees but does not pay, causing the case to be dismissed.
• No remorse or apology: The committee takes a harder view when advocates show no remorse and even blame the client.

📖 Opinion 1 (Case Study): Advocate Allowed Case to Be Dismissed

📖 Opinion 4 (Case Study): Negligence in Theft Case

📊 Summary Table — Negligence Cases (Opinions 1–10)

✅ What Should a Lawyer DO Instead?

• Always appear in court or send a substitute advocate with the client's knowledge.
• Immediately inform the client about any development — good or bad — in their case.
• Never take fees without genuinely intending to do the work.
• Keep the client updated about court dates, hearings, and outcomes.
• If unable to continue the case, return the fees and briefs to the client promptly.

🤔 What Is Misappropriation in Simple Words?

Imagine you give your friend Rs. 10,000 to buy books for you. Instead, your friend uses the money to buy themselves new clothes and keeps lying to you that they bought the books. That is misappropriation — using someone else's money for your own purpose without their permission.

When an advocate receives money meant for court fees, stamps, or on behalf of the client (e.g., compensation money), and uses it for personal needs — that is criminal misappropriation AND professional misconduct. It is considered among the most serious offences.

📌 Key Scenarios from Opinions 11–20

• Keeping court fees money: Advocate receives money for court stamps/fees but pockets it, causing the case to be dismissed.
• Keeping compensation received: Advocate collects compensation/settlement money on behalf of the client but does not hand it over to the client.
• Misusing Power of Attorney: Advocate misuses the authority given by the client to deal with property or money.
• Collecting money from third parties: Advocate collects money from third parties (e.g., rent, dues) on behalf of client and pockets it.
• Taking advance and disappearing: Advocate takes a large advance fee and then becomes untraceable, neither returning the money nor doing the work.

📖 Case Study: Misappropriation of Compensation Money

📊 Summary Table — Misappropriation Cases (Opinions 11–20)

✅ The Golden Rule for Lawyers About Client Money

• Maintain a separate account for client funds — never mix with personal funds.
• Provide full and transparent accounting of every rupee received on behalf of the client.
• Handover all money received from courts, opposite parties, or third parties to the client immediately.
• Take receipts and keep proper records of all financial transactions.

🤔 What Is Misrepresentation in Simple Words?

Misrepresentation means telling lies or half-truths to the client to mislead them. A lawyer who says "your case is going very well" when the case has actually been dismissed is making a misrepresentation. This destroys the foundation of the lawyer-client relationship, which must be built on trust and honesty.

📌 Types of Misrepresentation Found in Opinions 21–28

• Telling client case is pending when it was dismissed: This is the most common form — lawyer keeps collecting fees and expenses while the case no longer exists.
• False representation about filing: Saying "I have filed the case" when in fact no case was filed at all.
• Wrong identification of parties: As in the GPA case — a wrong woman was identified in place of the correct client (though the committee considered mens rea carefully).
• Hiding conflict of interest: Not disclosing that the advocate had previously represented the other party.
• Misleading about status of property: Giving wrong information about title, encumbrances, or status of property matters.

📖 Case Study: "Case is Still Pending" — But It Was Dismissed!

📊 Summary Table — Misrepresentation Cases (Opinions 21–28)

🤔 What Is Fraud by an Advocate?

Fraud means intentionally deceiving someone for personal gain. Unlike negligence (carelessness), fraud involves deliberate, willful dishonesty. When a lawyer commits fraud, they breach every duty they owe — to the client, to the court, and to society.

📌 Types of Fraud Found in Opinions 29–35

• Forging court documents: Creating fake court orders, fake decrees, or fake stamped papers to deceive the client or the court.
• Impersonation: Appearing in court under someone else's name or falsely claiming to be counsel for a party.
• Cheating through false promises: Making elaborate false promises to extract money — e.g., claiming connections to get quick loans or government approvals.
• Fabricating evidence: Creating false evidence or getting false witnesses to support a client's case.
• Stamp paper fraud: Obtaining stamp papers fraudulently or misusing stamp papers for illegal documents.

📊 Summary Table — Fraud Cases (Opinions 29–35)

🤔 What Is Contempt of Court in Simple Words?

A court is like a classroom with strict rules. The teacher (judge) must be respected, and the rules must be followed. Contempt of Court means behaving in a way that disrespects the court, disrupts proceedings, or undermines the authority of the justice system. For advocates, contempt can be both a disciplinary matter AND a criminal matter.

📌 Types of Contempt Found in Opinions 36–40

• Scandalizing the court: Making public statements that lower the dignity or authority of the court without factual basis.
• Disobeying court orders: An advocate who advises a client to violate a court injunction is in contempt.
• Misbehaviour in court: Shouting, abusing, or being disrespectful to the judge during proceedings.
• Threatening witnesses: Intimidating witnesses or parties — which is criminal contempt.
• Making false statements before court: Deliberately misleading the court about facts or law.

📊 Summary Table — Contempt Cases (Opinions 36–40)

🤔 What Is Conflict of Interest in Simple Words?

Imagine an advocate who represents a husband in a divorce case, and later the wife comes to the same advocate for help in the same divorce. If the advocate takes both cases, that is a conflict of interest — the advocate cannot loyally serve two opposing sides. The Bar Council Code strictly prohibits this.

📌 Types of Conflict of Interest in Opinions 41–45

• Representing both parties in same dispute: Taking fees from both sides of a lawsuit — a clear betrayal of both clients.
• Switching sides: After representing Party A, secretly working for Party B in the same matter using confidential information from A.
• Personal interest in subject matter: Advocate has a financial stake in the property being litigated — a duty to disclose that they cannot represent.
• Using confidential information against former client: Using information obtained while representing Client A to now help Client B defeat Client A in a related matter.
• Family conflicts: Representing a party when a family member of the advocate has a direct opposing interest.

📊 Summary Table — Conflict of Interest (Opinions 41–45)

📌 Miscellaneous Forms of Professional Misconduct

• Touting and soliciting: Advertising legal services or sending agents (touts) to attract clients — strictly prohibited by the Bar Council Code.
• Sharing fees with non-advocates: Sharing professional fees with touts, agents, or non-enrolled persons is forbidden.
• Disrespecting senior advocates / client: Using abusive, insulting, or threatening language in professional dealings.
• Practising without valid enrolment: Continuing to appear in courts after suspension or after being disbarred — a criminal offence.
• Notary/attesting fraud: Signing documents as witness or notary without physically being present or verifying facts.

📊 Summary Table — Other Misconducts (Opinions 46–50)

⚖️ Punishments Available Under the Advocates Act, 1961