Section 35 of AA : Section 35: Punishment Of Advocates For Misconduct

Explanation using Example

Imagine a scenario where a client feels that their advocate has acted unethically by intentionally misrepresenting facts in a court proceeding. The client submits a complaint to the State Bar Council alleging professional misconduct. Upon receiving the complaint, the State Bar Council believes there is merit to the claim and refers the case to its disciplinary committee as per Section 35(1) of The Advocates Act, 1961.

The disciplinary committee sets a date for a hearing and notifies the advocate in question, as well as the Advocate-General of the State, in line with Section 35(2).

During the hearing, the advocate and the Advocate-General are given the opportunity to present their sides. After careful consideration of the evidence and arguments, the disciplinary committee decides to suspend the advocate from practice for six months, according to Section 35(3)(c), due to the severity of the misconduct.

As a result of this suspension, and as stated in Section 35(4), the advocate is prohibited from practicing in any court or before any authority or person in India for the duration of the suspension period.