Law:

Section:

Advocate-------Conduct as a member of the public-Advocate interesting himself in an administrative matter before an adminis­trative officer-Telling the officer that he would pursue the matter with superior officers, there being no hint of dishonourable or disgraceful behaviour-Advocate, held, not guilty of professional misconduct-Misconduct explained-Conduct as a public man­ Legal Practitioners Act (XYIII of 1879), S. 13 (f). Where an Advocate visited an administrative officer, viz, a Deputy Secretary to the Government in the Rehabilitation Department, in his office, with a view to supporting, not as a lawyer, nor acting in any manner incidental to the functions of a lawyer, the complaint of a man who ran the cycle-stand at that very office, complaining that the officer concerned contemplated appointing another person in whom, it was alleged the officer was interested "to share the management of the stand," and on the complaint being met with resistance, declared his intention to pursue the matter with superior officers, which incident was described, in the officer's report against the Advocate to the High Court, as calculating to threaten the officer with the "consequences of exposure": Held, that no act of professional misconduct had been established against the Advocate, there being no hint of any dishonourable or disgraceful conduct on the Advocate's part, The Advocate acted in the capacity of a public man and the task, he undertook, namely of supporting the complaint of a poor man to an officer who was alleged to be contemplating an official act of an oppressive kind towards him, can only be regarded as laudable. "Professional misconduct" includes conduct which would reasonably be regarded as disgraceful or dishonourable by Solicitors of good repute and competency. As is appropriate in the case of a profession which enjoys a large measure of autonomy in the control of its members, the emphasis is upon the view held of the conduct in question by the best opinion available within that body. Where control is exercised, as in the present case, by the Court, the accent should be placed rather upon the bearing which the alleged conduct has upon the general…

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