A complaint against an advocate, on his professional misconduct, has to be filed before the Bar Council. The Bar Council of India has framed the rules regarding Professional Ethics, to be adopted by an Advocate, while discharging their duties as an Advocate, for their clients, courts and offices before whom they are representing their client. Public litigant who are going to file complaint before the Bar Council, are required to file the Complaint in a prescribed format accompanying with necessary affidavit and documents supporting their complaint with necessary fee in five sets, as prescribed by the Bar Council. At present the fees prescribed by the Bar Council is Rs.500/-.
After filing the complaint before the Bar Council, the Bar Council will scrutinize the said complaint and call for the say of the Respondent Advocate, against whom the said complaint is made. After the scrutiny a decision by the Council will be taken to enquire into the matter or not.
As per Sec. 13 of this Act, the High Court has Disciplinary control over Pleaders / Vakils / muktas by suspending / dismissal / by withdrawing the certificate granted by it.
After the decision of the Bar Council in respect of the said complaint in referring the matter for enquiry, the said complaint will be placed before one of the Disciplinary Committees constituted by the Bar Council, where the regular proceedings as that of a Civil Court, will be undertaken. After recording the evidences of the parties, arguments will be heard and an order will be passed. Orders will be in the nature of Dismissal of complaint, Reprimand of the Advocate, Suspension of Advocate and Removal of Name of the Advocate from the Rolls.
The parties being aggrieved by the said order of the Disciplinary Committee, may approach the Bar Council of India, for redressal. Bar Council of India is the appellate authority, where the same procedure will be adopted and the Bar Council of India will also hear the parties and pass final orders.