X, an advocate demands more money than the fees from his client saying that he would bribe the Judge and win the case. The client complains to the Bar Council. Decide.

1. Whether the demand by advocate valid? NO

2. Whether the act of advocate amounts to misconduct? YES

3. Whether the complaint of the client tenable? YES

Rules on an advocate's duty towards the Court Rule of 3 and 4 Section 1, Chapter II, of Rules governing advocates, Part IV of the Bar Council of India Rules.

Application:

This problem is related to the 'Rules on an advocate's duty towards the Court'. Rule 3 provides that an advocate should not communicate in private to a judge with regard to any matter pending before the Judge or any other Judge. An advocate should not influence the decision of a Court in any matter using illegal or improper means such as coercion, bride etc.

Rule 4 provides that an advocate shall use his best efforts to restrain and prevent his client from restoring to sharp or unfair practices or from doing anything in relation to the Court, opposing counsel or parties which the advocate himself ought not to do. An advocate shall refuse to represent the client who persists in such improper conduct.

He shall not consider himself a mere mouthpiece of the client, and shall exercise his own judgment in the use of restrained language in correspondence, avoiding scurrilous attacks in pleadings, and using intemperate language during arguments in Court.

Shambhu Ram Yaav Vs. Hanuman Das Khatry, AIR 2001 16 SCC 165, it has been observed that the exercise of power of review does not empower a Disciplinary Committee to modify the earlier order passed by another Disciplinary Committee taking a different view of the same set of facts. The Respondent was indeed guilty of a serious misconduct by writing to his client the letter offering bribe to judge. It is evident that the earlier Committee, on consideration facts, came to the conclusion that the advocate was not worthy of remaining in the profession.

Conclusion:

In the instant problem, an advocate demanding more money than the fees from his client saying that he would bribe the Judge and win the case amounts to professional misconduct. Hence, the complaint of the client is maintainable.