Case Details

Citation(s)
1992 SLD 818 = 1992 CLC 1556

File No.188 of 1989, decided on 15th April, 1992.
Presented By: Before Irshad Hasan Khan,

Chairman, Chaudhry Abdul Nabi and Malik Muhammad Shabbir Langrial, Members MUHAMMAD AMIN ---Complainant

VERSUS

MUHAMMAD                   ASGHAR                   KHOKHAR, ADVOCATE---Respondent

Law: Legal Practitioners and Bar Councils Act, 1973

Section: 41(4)

  Legal Practitioners and Bar Councils Act (XXXV of 1073)--- ----S.  41(4)---Gross  professional  misconduct  by Advocate---Parties having entered into a compromise during pendency of proceedings before the Tribunal, complainant prayed that he might be allowed to withdraw his complaint---Held, serious charges having been levelled against the Advocate, which he had not denied either before the Disciplinary Committee or before the Tribunal, the case was not a fit one for granting the permission to complainant for withdrawal of complaint. Legal Practitioners and Bar Councils Act (XXXV of 1973)--- ----S.          41(4)---Gross                  professional                  misconduct-by Advocate---Advocate had expressed repentance for his conduct and begged mercy and also gave solemn undertaking that in future he would be very careful in the discharge of his professional duties---Such statement of Advocate could be a relevant, factor in determining the quantum of punishment but not for dropping the proceedings for professional misconduct against him. Legal Practitioners and Bar Councils Rules, 1976--- ----Ch. XII---Canons of rules of professional ethics. The legal profession is an important branch of administration of justice. An Advocate is not supposed to indulge merely in money-making trade in charging fee from his clients. He should avoid charges which over-estimate his advice and services as well as those which undervalue him. The client's ability to pay cannot   justify charge in excess of the value of the service, though his poverty may justify a lesser charge or even none at all. This is one of the canons of rules of professional ethics. Complainant in person. Respondent in person. ORDER IRSHAD HASAN KHAN (CHAIRMAN).---The Disciplinary Committee of the Punjab Bar Council referred the case of the respondent, an Advocate of the Lahore High Court, under section 41(4) of the Legal Practitioners and Bar Councils Act,…
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