Question

Mr. Baiju hired Mr. C. Tiwari for a land acquisition case who was enrolled as an Advocate with the Bar Council of UP and has been practicing in the District Courts of UP. Mr. Baiju won the case and the State deposited a compensation of Rs. 8118/- in the Court. Mr. Baiju was an old, helpless, poor illiterate person. Mr. C. Tiwari withdrew the said amount from the Court on behalf of his client and did not inform or return that amount to him. When Mr. Baiju came to know about the withdrawal, he approached Mr. C. Tiwari for a refund, which Mr. C. Tiwari refused on the pretext that it was adjusted against the professional fee outstanding towards Mr. Baiju.

I. Is the conduct of Mr. C. Tiwari justified? Give reasons. 

II. Who has the authority to initiate action against Mr. C. Tiwari, if any? 

III. What can be the consequences of the act of Mr. C. Tiwari?

Answer 1

I. No, his action is against the professional ethics laid down by the Bar Council of India. 

II. State Bar Council of UP

III. Breach of these rules and standards of conduct lead to disciplinary action against advocates which may result in suspension or debarment.