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By Mariya Paliwala – June 27, 2021 1:00 PM
The Bar Council of India (BCI) on Friday notified the rule change stating that “criticism” and “attack” of bar council decisions constitutes misconduct in an effort to improve standards of professional conduct and avocado etiquette.
The notification states that a lawyer should behave like a gentleman / gentle lady in his / her day-to-day life and that he / she should not commit any illegal acts, he / she should not make any statement in print, electronic media or social. The media, which is indecent or derogatory, defamatory or motivated, malicious or malicious against a court or judge or any member of the judiciary, or against the State Bar Council or the Bar Council of India, nor
any attorney engaged in a willful violation, disregard or disregard of any resolution or order of the State Bar Council or the Bar Council of India and such act / conduct will constitute misconduct and such attorneys would be liable to prosecution under section-35 or 36 of the Lawyers Act, 1961.
The notification, while prescribing the code of conduct and disqualification for members of the bar, stated that no member of a state bar or Indian bar would be allowed to publish anything or make any statement or statement. press release in print, electronic or Social Media form against any resolution or order of the relevant State Bar Council or Indian Bar Council https://www.taxscan.in/tag/bar-council-of-india/ or to use / use derogatory or abusive language / comments / words against the Bar Council or its agents or members.
The decision of any State Bar Council or Indian Bar Council shall not be criticized or challenged by one or more members of the Bar Council in the public domain. No lawyer or member of a State Bar Council or Indian Bar Council shall undermine the dignity or authority of the State Bar Council or the Indian Bar Council of the BCI in the notification indicated.
The act of criticism results in the suspension or cancellation of the membership of these members of the Bar Council. The Indian Bar Council may declare such attorneys or any member of the Bar Council unfit to stand for election to a Bar or Bar Council for any period, depending on the seriousness of the misconduct. The State Bar Council (s) may refer cases of misconduct or violation of these Rules by any of its members to the Indian Bar Council.
However, the notification clarified that sound and good faith criticism made in good faith should not be considered fault.
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