Professional ethicsNegligenceSupreme Court of India (5 Judges)

In re P, An Advocate

[1964] 1 SCR 697; 1963 Cri LJ 34119631 min read
The case in brief30-second read
Facts
An advocate-on-record of the Supreme Court took Rs 60 from his client to file the bill of costs after the appeal was decided. The bill had to be filed within six weeks.
Issue
Whether the delay and the dealings with the client amounted to professional or other misconduct, and the penalty.
Held
The advocate was guilty of gross delay and of misleading his client, which amounted to misconduct.
Principle
An advocate who takes money from a client for a step in the case, delays it and misleads the client is guilty of professional misconduct; his name was removed from the roll for five years.
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Facts

  • An advocate-on-record of the Supreme Court took Rs 60 from his client to file the bill of costs after the appeal was decided. The bill had to be filed within six weeks.
  • He took no step for months, filed the bill out of time, and did not tell the client the truth about it.

Issue

  1. Whether the delay and the dealings with the client amounted to professional or other misconduct, and the penalty.

Held

  • The advocate was guilty of gross delay and of misleading his client, which amounted to misconduct.
  • The Court refused to stop at a reprimand and directed that his name be removed from the rolls for five years, with costs.

Ratio decidendi

An advocate must keep proper accounts, act diligently and be honest with the client; the strength of the justice system rests on public confidence in the Bar.

Exam use

How to use it in an answer

  • Part A (6 marks): Cite for: neglect plus misleading the client is misconduct.
  • Part B (16 marks): Use in answers on duties to client (diligence, honest communication) and on penalty. Do NOT cite it as 'conviction for forgery'; the facts are about costs and delay.
  • Key line for exam: "The real strength of the administration of justice lies in the confidence of the public at large."

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Citation

In re P, An Advocate [1964] 1 SCR 697; 1963 Cri LJ 341

Reported: https://indiankanoon.org/doc/617777/. This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.