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Nov 8, 20233 min read

Supreme Court Upholds Suspension Of Advocate Who Acted As Real Estate Agent 

As the defenders of the law and the keepers of justice, attorneys are frequently considered one of the most esteemed and honourable professions. It is required of advocates to act with the utmost honesty and ethics when defending their clients. But a recent case in India has highlighted the moral limits that lawyers have to follow.


Case Background


An advocate in the case of Syed Altaf Ahmed v S. Suson was defending one of the clients in the acrimonious property dispute between the two parties in issue. Rather than only representing his client, he went so far as to assist in a real estate transaction involving the property in issue. Due to the dual engagement, questions of professional malpractice and ethical transgressions were raised, which prompted the filing of a complaint with the State Bar Council.

Role of the Supreme Court: Decision

  • In an attempt to convince the Supreme Court of India that his acts did not amount to professional misconduct, the advocate contested the State Bar Council's ruling.

  • Recently, the Supreme Court reiterated the Bar Council of India's decision to suspend an advocate for five years due to gross professional misconduct. The reason for the suspension was that the advocate had obtained a General Power of Attorney from his own client in a property-related issue, which he then sold.

Advocates Role of Ethical Conduct towards Clients


In accordance with Section 4 of The Advocate Act of 1961, the Parliament created The Bar Council of India. The Indian Bar Council is authorized by Section 49(1)(c) to establish regulations outlining the expected standards of professional behaviour for advocates.

  • Once the case is accepted, one is unable to back out of a commitment or action without good reason.

  • Should decline to appear for a case if he has a good feeling that he will be called to testify.

  • To fully disclose any relationship, he may have with the parties or any interests he may have before or during the engagement process.

  • Use all ethical resources that support his client's interests.

  • Not to suppress any information or proof that would establish the accused's innocence.

  • Not to divulge the messages or conversations that his client has with him.

  • Not permitted to represent the other party in the same matter if he has consulted the party in a matter involving the institution of litigation.

Punishment: Advocate’s Ethical Misconduct


If someone is found guilty of committing professional misconduct, the case will be brought to a disciplinary committee, which will set a hearing date and notify the advocate, in accordance with Section 35 of the Advocate Act. After hearing from both sides, the State Bar Council's disciplinary committee may:

  • Dismiss the complaint

  • Issue a warning to the advocate

  • Prohibit the advocate from practicing for a certain amount of time

  • Suspend the advocate or

  • The advocate's name should be omitted from the state directory of advocates.

Suspension of the Advocate: Key Considerations

  • The importance of maintaining ethical ethics and integrity in the legal profession is highlighted by the Supreme Court's ruling. Advocates are supposed to behave in their client's best interests, avoid conflicts of interest, and uphold the highest possible standards of conduct as part of their fiduciary duty toward them.

  • The ruling of the Supreme Court safeguards the standing of the Indian legal profession. Sustaining the public's faith in the professionalism and moral character of advocates is essential to the efficient operation of the legal system.

  • The case establishes a standard for holding attorneys responsible for unethical behaviour. It reaffirms the idea that advocates must abide by stringent ethical rules and cannot operate in a way that is unethical.

You will need the help of a land lawyer to work according to your best interests in the issues relating to land. Similarly, for the services they provide to their clients relating to real estate issues, the real estate attorney cost must be reasonable. You can search “Best real estate lawyer near me” on the internet to get connected with the best lawyers providing efficient benefits to their clients following ethical conduct.


One can talk to a lawyer from Lead India for any kind of legal support. In India, free legal advice online can be obtained at Lead India. Along with receiving free legal advice online, one can also ask a legal question to the experts online free through Lead India.



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