Professional Misconduct - Law Dictionary Search Results
Home Dictionary Name: professional misconduct Page 1 of about 10 results ( seconds)Professional misconduct
Professional misconduct, may consist in betraying the confidence of a client, in attempting by any means to practise a fraud or impose on or deceive the court or the adverse party or his counsel, and in fact in any conduct which tends to bring reproach on the legal profession or to alienate the favourable opinion which the public should entertain concerning it, Corpus Juris Secundum (p. 740, Vol. 7), see also R.D. Saxena v. Balram Prasad Sharma, (2000) 7 SCC 264.Means dishonesty or some conduct involving moral turpitude, State of Uttar Pradesh v. Kashi Prasad, AIR 1969 All 363.The test to be applied in all such cases is whether the proved misconduct of the advocate is such that he must be regarded as unworthy to remain a member of the honourable profession to which he has been admitted and unfit to be entrusted with the responsible duties that an advocate is called upon to perform. There is a world of difference between the giving of improper legal advice and the giving of wrong legal ...
Incorporated Law Society
Incorporated Law Society, now termed the Law Society, was founded by Mr. Bryan Holme in 1825, and incorporated in 1831 by Royal Charter; this was surrendered for a new Charter in 1845, by which, as amended by Supplemental Charters in 1872, 1903, and 1909, the Society now remains constituted. The Society was incorporated 'to facilitate the acquisition of legal knowledge, and for better and more conveniently discharging the professional duties of the members of the Society,' under the full title of 'The Society of Attorneys, Solicitors, Proctors, and others not being Barristers practicing in the Courts of Law and Equity of the United Kingdom'; since the charter of 1903 it has been officially (as before them commonly) called 'The Law Society.'The Society first instituted lectures for students in 1833, and was made registrar of attorneys and solicitors in 1843 by the (English) Solicitors Act, 1843 (6 & 7 Vict. c. 73), s. 21.On the decay of the Inns of Chancery, which in their later aspect ...
Misbehaviour
Misbehaviour, Word 'misbehaviour' used in cl. 2 of Inquiries Act is not vague; it would certainly mean a lapse from proper standard of conduct in discharge of functions as a government servant. Every dishonest act of government servant amounts to 'misbehaviour', R.P. Kapur v. S. Pratap Singh Kairon, AIR 1964 SC 295: (1964) 4 SCR 204. (Inquires Act, Cl. 2)The word 'misbehaviour' is a vague and elastic word and embraces within its sweep different facets of conducts as opposed to good conduct. Literally, it means wrong conduct or improper conduct. It has to by construed with reference to the subject-matter and the context wherein the term occurs having regard to the scope of the Act or the statute under consideration. In the context of disciplinary proceedings against a solicitor, the word misconduct was construed as professional misconduct extending to conduct 'which shows him to be unworthy member of the legal profession', C. Ravichandra Iyer v. Justice A.M. Bhattacharjee, (1995) 5 SCC ...
Improper legal advice and wrong legal advice
Improper legal advice and wrong legal advice, Giving of improper legal advice is different from giving of wrong legal advice. While the former may amount to professional misconduct, the latter may not be so. It is against professional etiquette for a lawyer to give improper legal advice with an ulterior object. It is unworthy that an advocate should accept employment with such motive, or so long as his client has such understanding of his purpose. It is professionally improper for a member of the bar to prepare false documents or to draw pleadings knowingly that the allegations made are untrue of his knowledge, Pandurang Dattatraya Khandekar v. Bar Council of Maharashtra, AIR 1984 SC 110: (1984) 1 SCR 414: (1984) 2 SCC 556....
sanction
sanction 1 : a punitive or coercive measure or action that results from failure to comply with a law, rule, or order [a for contempt] 2 : explicit or official approval 3 : an economic or military coercive measure adopted usually by several nations in concert for forcing a nation violating international law to desist or yield to adjudication vt 1 : to give official approval or consent to : ratify 2 : to impose a sanction on [ed the lawyer for professional misconduct] ...
malpractice
malpractice : negligence, misconduct, lack of ordinary skill, or a breach of duty in the performance of a professional service (as in medicine) resulting in injury or loss ...
Conduct disgraceful in a professional respect
Conduct disgraceful in a professional respect, is not limited either to conduct involving moral turpitude or to a veterinary surgeon's conduct in pursuit of his profession, but may extand to conduct which, although reprehensible in anyone, is, in the case of a professional man, so much more reprehensible as to be disgraceful, in the sense that it tends to bring disgrace to the profession which he practise, Marten v. Disciplinary Committee of Royal College of Veterinary Surgeons, (1966) 1 QB 1: (1965) 1 All ER 949 DC, Halsbury's Laws of England, Vol. 2, para 571, p. 318.When misconduct is proved, the House can impose punishments such as admonition, reprimand, withdrawal from the House, suspension from the service of the House, imprisonment and expulsion from the House. In case the grossly disorderly conduct of a member in the House, the Speaker may direct him to withdraw immediately from the House. If he persists in disregarding the authority of the Chair, he may be named by the Chair a...
misconduct
misconduct : intentional or wanton wrongful but usually not criminal behavior: as a : deliberate or wanton violation of standards of conduct by a government official b : wrongful behavior (as adultery) by a spouse that leads to the dissolution of the marriage c : an attorney's violation of the standards set for professional conduct ;also : an attorney's and esp. a prosecutor's use of deceptive or reprehensible methods in presenting a case to a jury d : impermissible behavior by a juror (as communicating about the case with outsiders, witnesses, or others, reading or hearing news reports about the case, or independently introducing evidence to other jurors) e : an employee's deliberate or wanton disregard of an employer's interests or disregard or violation of the employer's standards or rules that is sufficient to justify a denial of unemployment compensation ...
Arbitration
Arbitration, the determination of a matter in dispute by the judgment of one or more persons, called arbitrators, who in case of difference usually call in an 'umpire' to decide between them.Means a method of dispute resolution involving one or more neutral third parties who are usually agreed to by the disputing parties and whose decision is binding, Black Law Dictionary 7th Edn., p. 100.Means any arbitration whether or not administered by permanent arbitral institution. [The Arbitration and Conciliation Act, 1996, s. 2(a)]An arbitrator is a disinterested person, to whose judgment and decision matters in dispute are referred, Termes de la Ley.The civilians make a difference between arbiter and arbitrator, though both found their power in the compromise of the parties; the former being obliged to judge according to the customs of the law: whereas the latter is at liberty to use his own discretion, and accommodate the difference in that manner which appears most just and equitable.An ar...
Solicitor
Solicitor, an officer of the Supreme Court of Judicature, who, and who only, is entitled to 'sue out any writ or process, or commence, carry on, solicit, or defend any action, suit or other proceeding' in any Court whatever (see (English) Solicitors Act, 1932, s. 45). 'Solicitor of the Supreme Court' was the title given by the (English) Judicature Act, 1843, s. 87, to all attorneys, solicitors, and proctors, and continued by (English) Solicitors Act 1932, s. 81. Prior to that Act, 'attorneys' conducted business in the Common Law Courts, 'solicitors' business in the Court of Chancery and 'proctors' ecclesiastical and Admiralty business; but it was the general practice, although any person might be admitted to practise as an attorney or solicitor only, to be admitted to practise as an attorney and solicitor also.Solicitors practise as advocates before magistrates at petty sessions and quarter sessions where there is no bar, in County Courts, at Arbitrations, at Judges' Chambers, Coroners...
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