If your advocate has been negligent, has misappropriated your money, or has conducted your case improperly — what can you do? Many people instinctively approach the civil court or the consumer forum. The Hon'ble Supreme Court has now clarified in unambiguous terms: professional misconduct by an advocate falls within the exclusive disciplinary jurisdiction of the Bar Councils under the Advocates Act, 1961. Civil courts and other forums cannot entertain such complaints.
What the Supreme Court Decided
The case arose when the Indian Banks Association placed an advocate on their Caution List — effectively blacklisting him — on the basis of allegations of negligence in providing a legal opinion. The advocate challenged this action before the courts, arguing that the IBA's Caution List had a public-law character that directly affected his right to practise.
The Supreme Court upheld the challenge. It set aside the order placing the advocate on the Caution List, holding that any complaint of professional negligence or misconduct against an advocate must be adjudicated by the Bar Council — not by banks, not by civil courts, and not by consumer forums. The exclusive jurisdiction conferred by the Advocates Act on Bar Councils for disciplinary proceedings cannot be bypassed.
In the same judgment, the Court went further and directed the Bar Council of India to undertake a comprehensive performance audit of its disciplinary mechanism and to institutionalise Continuing Legal Education (CLE) for advocates — recognising that the profession's right to self-regulation must be matched by transparency and accountability.
How to File a Complaint Against an Advocate
Under Section 35 of the Advocates Act, 1961, a complaint of professional misconduct against an advocate must be filed before the State Bar Council where the advocate is enrolled. In Twinkle Lalwani's case, this would be the Bar Council of Rajasthan.
The complaint triggers the following process:
- The State Bar Council's Disciplinary Committee takes up the complaint
- The advocate is given notice and an opportunity to respond
- A hearing is conducted and evidence is assessed
- The Committee can reprimand, suspend, or remove the advocate from the rolls
- Appeals from the State Bar Council's order lie to the Bar Council of India
- Further appeal lies to the Supreme Court under Section 38 of the Advocates Act
Bar Council proceedings deal with disciplinary action against the advocate — not with recovery of money paid by the client. If an advocate has misappropriated money entrusted to them, a separate civil suit for recovery, or a criminal complaint for breach of trust (Section 316 BNS), may be filed alongside the Bar Council complaint. These are not mutually exclusive remedies.
What Constitutes Professional Misconduct
Professional misconduct under the Advocates Act includes:
- Misappropriation of client funds
- Appearing against a former client in the same matter
- Fabricating or suppressing evidence
- Making false statements to the court
- Grossly negligent handling of a case leading to prejudice to the client
- Failure to account for money received on behalf of the client
- Conduct unbecoming of an advocate — including violence, intimidation, or indecent behaviour in court premises
Mere dissatisfaction with the outcome of a case, or a difference of professional opinion, does not constitute misconduct. An advocate is not liable for professional misconduct simply because they lost the case or because they advised the client in a way the client later disagreed with. The complaint must relate to conduct that falls below the minimum professional standard required of an enrolled advocate.
Practical Steps If You Have a Complaint Against an Advocate
File a written complaint before the Bar Council of Rajasthan at Jaipur. The complaint should be factual, specific, and supported by documents — the vakalatnama, any money receipts, correspondence with the advocate, and any court records relevant to the alleged misconduct.
Be specific about the misconduct alleged. "My advocate was negligent" is not enough. State exactly what the advocate did or failed to do, when it happened, and what harm it caused to your case or interests.
For misappropriation of money, file the Bar Council complaint AND a civil suit for recovery and/or a criminal complaint for criminal breach of trust — these remedies work alongside each other and are not mutually exclusive.
Do not approach civil courts or consumer forums for professional misconduct complaints — this ruling confirms that such complaints cannot be entertained there. The Bar Council is the exclusive forum.