Can A Complaint Be Filled Against Advocates?

Advocacy is one of the most noble professions and advocates (who practice advocacy) are the medium through which clients put their issues, petition, plaint, and defense to the court in a systematic and understandable manner. In such a condition, the responsibilities and duties of an advocate, are very important and sensitive and any mistake or misbehavior of an advocate can cause harm to their client as well as to the court.

So, to control and regulate an advocate’s professional behavior, the Advocates Act of 1961 defines complaint provision against the advocates who found guilty of any such misbehavior.

Who can File Complaint Against an Advocate?

Any individual who has interacted with or experienced the misconduct of an advocate, such as clients, other advocates, or members of the public, can file a complaint against the respective advocate.

What are the Grounds of Filing Complaint Against an Advocate?

As such, not specifically defined, but following are the typical grounds for filing complaint against an advocate −

• Negligence or Incompetence − If an advocate fails to perform his/her duty that he/she promised to do or shows utter negligence in handling the case, complaint can be filed.

• Breach of Confidentiality − The relationship between client and advocate is privileged and advocates are expected not to disclose their client’s confidentiality; so, if any advocate breach the confidentiality on really a sensitive matter that potentially can harm the client’s interest, complaint can be filed against him.

• Unethical Conduct − If any advocate found misbehaving with his or her client or being unethical, then victim can file complaint against him.

• Failure to Communicate − Advocates are expected to maintain a clear and updated communication with their clients. However, if he or she fails to do so and it causes substantial harm to respective client, a complaint may be filed against him or her.

• Delay in Legal Proceedings − If an advocate failed to file a case (especially after committing to respective client), and it causes substantial harm to their client, a complaint can be filed against him.

• Misappropriation of Client’s Funds − If any client trusted an advocate and ask to manage their funds. However, the advocate mishandles or misappropriates that funds (entrusted by the client), a complaint can be filed.

• Violation of Professional Ethics − Any violation of the professional code of ethics prescribe by the bar council of India such as misleading the court, making false statements, or engaging in conduct that violates the rules and ethics may direct cause a complaint against the respective advocate.

Where to File Complaint Against an Advocate?

Primarily, any aggrieved person who became victim of his or her advocate’s negligence or misbehavior, can file a complaint to their respective State Bar Council. For example, an aggrieved person hires an advocate who is enrolled under Bar Council of Delhi and practicing law in Delhi, then he or she can file complaint to the bar Council of Delhi. In other words, the victim needs to identify the jurisdiction under which the respective advocate is practicing law.

What does Happen After Filing a Complaint?

After receiving a complaint, the respective State Bar Council refers the complaint to its Disciplinary Committees. The Disciplinary Committee examines and investigates the case and based on its findings, takes an appropriate disciplinary action.

However, if the complaint is pending before the respective State Bar Council and there is no update regarding the same for more than a year since receipt of the complaint, the case can be transferred to the Bar Council of India.

Secondly, if the complainant is not satisfied with the decision of the respective State Bar Council, even in this case, he or she has the right to appeal to the Bar Council of India. But this appeal has to be made within 60 days of the communication of the decision.

Lastly, if the complainant still not satisfied with the decision of the Bar Council of India, then he or she can take the resort i.e. the Supreme Court of India. He or she can appeal in the Supreme Court, but within 60 days of the communication of the decision.

What Type of Punishment Can be Awarded to the Advocate in Case of Found Guilty?

As per section 35 of Advocates Act, after receiving the complaint, the Disciplinary Committee of the respective State Bar Council examines and investigates the complaint. Besides, the advocate has also given chance to defend himself or herself. And, during the inquiry process, the Advocate General of the State also be present.

Likewise, once the inquiry process ends, based on the findings the final decision is made, which could be −

• Dismiss the complaint (if found baseless or frivolous);

• Reprimand the advocate (in case of minor mistake);

• Suspend the advocate from practice for such period as it may deem fit (in case of comparatively higher degree of misconduct);

• Remove the advocate’s name from the State roll (in case of higher degree of misconduct, which cannot be ignored).

Conclusion

Though, the Advocates Act empowers people (specifically the clients) to file complaint against his or her advocate on the ground of misbehavior or misconduct, but it is important to note that complaints against advocates must be specific, supported by evidence, and filed in good faith. Based on the complaint and supporting evidence, the Disciplinary Committee of Bar Councils would investigate and also carefully scrutinize and ensure they meet the required standards before initiating disciplinary proceedings. And, in case of finding it baseless or frivolous, then complaint is dismissed or disciplinary action may be taken against the complainant.

Additionally, complaints should be submitted to the appropriate Bar Council, usually under the jurisdiction where the respective advocate practices or where the alleged misconduct occurred.

Frequently Asked Questions

Q1.What qualifies as a frivolous complaint against an advocate?

Ans.A frivolous complaint is one that lacking merit, filed without a genuine basis, or with malicious intent to harm the advocate's reputation. It may lack specificity, evidence, or instances of alleged misconduct.

Q2.Can a complainant face consequences for filing a frivolous complaint?

Ans.Definitely Yes. In case of a baseless or frivolous complaint, Bar Councils may impose sanctions or penalties on individuals found to have filed baseless complaints. This may include fines, warnings, or restrictions on future complaints.

Q3.How can advocates protect themselves from frivolous complaints?

Ans.Advocates can (or even should) protect themselves by adhering to ethical standards, maintaining clear communication with clients, and documenting interactions to provide a strong defense if faced with baseless allegations.

Q4.Are there alternative dispute resolution mechanisms for resolving complaints?

Ans.Yes, depending upon the situation and degree of reported complaint, Bar Councils may explore alternative dispute resolution mechanisms (specifically mediation) before formal disciplinary proceedings. The purpose is to provide a more amicable resolution and discouraging unnecessary adversarial actions.

Q5.How does the legal system address repeat filing of frivolous complaints?

Ans.The legal system or respective authority may restrict the rights of individuals repeatedly filing frivolous or misleading complaints.