The Bombay High Court has recently addressed a significant issue concerning the legal profession: the propriety of filing complaints against advocates solely for representing their clients. In a case involving a mother and son who lodged a complaint against the advocate representing their daughter/sister in a matrimonial dispute, the court questioned the legitimacy of such actions. The petitioners sought to initiate perjury and contempt proceedings against the advocate and her client, a move that the court found troubling and deserving of deeper scrutiny.
A division bench comprising Justices Girish Kulkarni and Advait Sethna expressed concern over the increasing trend of litigants involving opposing counsel in legal proceedings without substantial cause. The bench emphasized that advocates serve as officers of the court, facilitating the administration of justice by representing their clients. The act of impleading advocates as respondents or filing complaints against them for merely performing their professional duties poses a serious issue that could undermine the legal process.
This concern is not isolated. In a related instance, a division bench of Justices Gautam Patel and Neela Gokhale addressed a petition by advocate Geeta Shastri, a former additional government pleader. Shastri challenged disciplinary proceedings initiated against her based on a litigant's complaint to the Bar Council of Maharashtra and Goa (BCMG). The litigant accused Shastri of forgery and perjury for signing certain documents attached to an affidavit. Upon review, the High Court found no merit in the complaint, determining that there was no misconduct warranting an inquiry. The court directed the Bar Council of India to formally dismiss the complaint.
The bench noted a troubling pattern where litigants routinely file complaints against opposing counsel, a practice they deemed should be deprecated in all circumstances. They highlighted that advocates have a duty to their clients and the court, but not to the opposing party. The misuse of disciplinary complaints as a tool to intimidate and hinder opposing counsel from providing adequate representation is a matter of serious concern. The court observed that such tactics could lead to emotional and mental trauma for the advocates involved, potentially jeopardizing their careers.
In light of these developments, the Bombay High Court has called upon the Bar Council of Maharashtra and Goa to clarify its stance on the issue of litigants filing complaints against advocates merely for representing their clients. The court emphasized the need for the Bar Council to address this serious and broader issue to prevent the abuse of legal processes and to protect advocates from unwarranted harassment.
The court's observations underscore the delicate balance required to maintain the integrity of the legal profession. While it is essential to hold advocates accountable for genuine misconduct, it is equally important to shield them from baseless allegations that can disrupt their professional duties and personal well-being. The misuse of complaints against advocates not only affects the individuals involved but also has broader implications for the administration of justice.
The Bombay High Court's proactive stance serves as a reminder of the judiciary's role in upholding the dignity of the legal profession. By addressing the misuse of complaints against advocates, the court aims to ensure that legal practitioners can perform their duties without fear of intimidation or unwarranted legal challenges. This approach seeks to foster a legal environment where advocates can represent their clients effectively, contributing to the fair and efficient administration of justice.
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