Madras HC Brings New Rules for Lawyers

Madras HC Brings New Rules for Lawyers

New disciplinary rules for lawyers have come from the Madras High Court after Supreme courts ordered all high courts to frame the rules.

Notification was published on 20th May 2016. These new rules come into force from the date of publication. New rules 14A, 14B, 14C and 14D were added to the existing rules under Advocates Act.

According to the new rules, if advocate who accepts money in name of judge or tampered with court order, who abuses a judge, who involves in  protest inside the court hall, who is found to under influence of liquor inside the court will be taken action by the high court. Judge shall have the power to initiate action against the Advocate and debar him from the court.

Rules are given below

'14-A: Power to Debar :-

(vii) An Advocate who is found to have accepted money in the name of a Judge or on the pretext of influencing him; or

(viii) An Advocate who is found to have tampered with the Court record or Court order; or

(ix) An Advocate who browbeats and/or abuses a Judge or Judicial Officer; or

(x) An Advocate who is found to have sent or spread unfounded and unsubstantiated allegations/petitions against a Judicial Officer or a Judge to the Superior Court; or

(xi) An Advocate who actively participates in a procession inside the Court campus and/or involves in gherao inside the Court Hall or holds placard inside the Court Hall; or

(xii) An Advocate who appears in the Court under the influence of liquor shall be debarred from appearing before the High Court or Subordinate Courts permanently or for such period as the Court may think fit and the Registrar General shall there upon report the said fact to the Bar Council of Tamil Nadu.

14-B: Power to take action:-

(iv) Where any such misconduct referred to under Rule 14-A is committed by an Advocate before the High Court, the High Court shall have the power to initiate action against the Advocate concerned and debar him from appearing before the High Court and all Subordinate Courts.

(v) Where any such misconduct referred to under Rule 14-A is committed by an Advocate before the Court of Principal District Judge, the Principal District Judge shall have the power to initiate action against the Advocate concerned and debar him from appearing before any Court within such District.

(vi) Where any such misconduct referred to under Rule 14-A is committed by an Advocate before any subordinate court, the Court concerned shall submit a report to the Principal District Court within whose jurisdiction it is situate and on receipt of such report, the Principal District Judge shall have the power to initiate action against the Advocate concerned and debar him from appearing before any Court within such District.'

Madras HC Brings New Rules for Lawyers