Professional Misconduct

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Introduction

We have a popular saying that nothing should be hidden from doctors, lawyers and police. But if all of them misuse that information..? Many Times In Cases of Consultancy Or Treatment Or Sharing Case Information With Lawyers Can Be Harmful For The person Due To Professional Misconduct  

Meaning 

In general terms, professional misconduct is unethical or unprofessional behaviour that falls short of the ethical or professional standards, guides or codes of conduct, accepted by a particular profession. A client shares his Personal information and secrets with lawyers or doctors etc. Here it it responsibility of them to keep it a secret which is also part of their profession, Releasing such info may amount to Moral or legal wrong many times.

According to dictionary “a violation of the rules or boundaries set by the governing body of a profession.” is professional Misconduct

Impact

The Impact Of professional Misconduct Is Very Bad On Legal Profession,Due to this people lose faith in both the law and the lawyer.
Legal Profession is indeed of Huge Responsibility And Must be practiced with seriousness.
But professional Misconduct by one lawyer affects Many Other reputed lawyers too. Professional Misconduct can cause severe Results many times.

Advocate's Misconduct

Section 49 of the advocates act 1961, Explain General power of the Bar Council of India to make rules.

Section 35 of the Advocates Act also deal with professional misconduct

•section49(c) the standards of professional conduct and etiquette to be observed by advocates 
This Act Sets some rules and morals for advocates which shall be followed by them

The Reason behind misconduct is

•Unprofessional attitude of lawyers 
• A lawyer Giving False or misleading Advise to his client 

• negligence 
• contempt of court under section 228 IPC 
• Taking bribe

Etc Falls Under this Act... 

The Supreme Court also held that it being appellate authority under Section 38 of the Advocates Act, 1961 can impose punishment mentioned in Section 35 of the said Act. Thus, the Supreme Court may suspend or cancel the license of an advocate to practice his profession for contempt of Court. (1)

•Effects Of Professional Misconduct Are as

Suspension Of Advocate From Practice for period it may deem fit,  in period Of Suspension Advocate will be restricted from practicing in any court

Doctors Misconduct 

It is according to The Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002

Misconduct by police officer

Not Every Police Officer is like that but Still There are several reasons Why People are uncomfortable and Afraid of police station and sometimes officer's too...
Misconduct by an police officer can be Punished as according to Section 29 of the Indian Police Act, a police officer can be punished with imprisonment up to three months and/or a fine up to three months' salary if they have failed to fulfil their responsibility or have indulged in misbehaviour. 

Misconduct by police officer can be: 

sexual offences, coerced false confession, intimidation, false arrest, false imprisonment, falsification of evidence, spoliation of evidence, police perjury, witness tampering, police brutality, police corruption, racial profiling, unwarranted surveillance, unwarranted searches, and unwarranted seizure of property


International Problem:


Case law:

Supreme Court Bar Association vs Union Of India & Anr on 17 April, 1998

It Is An Case Relating To Contempt Of Court By By and advocate by threatening and insulting the justice and dignity of court by using Inappropriate language and misconduct
In this case Court, Power Provide under article 129 and 142 of the Constitution firstly suspended the lawyer, then writ petition was filled by SC BAR association seeking Relief as disciplinary committees of the Bar Councils set up under the Advocates Act, 1961, alone have exclusive jurisdiction to inquire into and suspend or debar an advocate from practising law for professional or other misconduct.

Reference:
1. Legal service India


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