How to File a Complaint Against an Advocate in India: Bar Council Process Under Section 35

Kaustav Chowdhury
Jun 21
3 min read

If you believe a lawyer has cheated you, neglected your case or behaved improperly, you can file a complaint against an advocate in India for professional misconduct. The complaint is decided not by a consumer forum or an ordinary court in the first instance, but by the disciplinary committee of the relevant Bar Council under the Advocates Act, 1961. This guide explains when a complaint is justified, where and how to file it under Section 35, what outcomes are possible, and how appeals work.

When Can You Complain: Professional Misconduct

The Advocates Act allows action against an advocate found guilty of professional or other misconduct. While the Act does not exhaustively define misconduct, it has been understood to cover conduct such as misappropriating a client's money, gross negligence in handling a case, appearing for both sides, fraud, suppression of facts, or behaviour that lowers the dignity of the profession. A genuine difference of opinion on legal strategy, or simply losing a case, is not misconduct. The conduct complained of should generally have a connection with the advocate's professional duties to the client or the court.

Where to File: The State Bar Council

Under Section 35 of the Advocates Act, where a State Bar Council has reason to believe, on a complaint or otherwise, that an advocate on its roll is guilty of professional or other misconduct, it refers the case to its disciplinary committee. You therefore file your complaint with the State Bar Council where the advocate is enrolled. The complaint should be in writing, set out the facts clearly and in chronological order, and be supported by documents such as the vakalatnama, fee receipts, correspondence and case records. Many State Bar Councils require the complaint to be accompanied by an affidavit and a nominal fee.

Step-by-Step: How the Complaint Is Processed

Once the complaint is received, the State Bar Council examines whether there is a prima facie case and, if so, refers it to its disciplinary committee. The committee then fixes a date for hearing and issues notice to the advocate concerned and to the Advocate-General of the State. Both sides are given an opportunity to be heard and to lead evidence. The proceeding is quasi-judicial, so principles of natural justice apply, and the advocate has the right to defend the allegations. It helps to keep your submissions focused and supported by documents, because vague or purely emotional complaints are harder to sustain. You may be asked to appear, give evidence and respond to the advocate's version, so it is worth preparing a clear timeline of events and copies of every relevant communication in advance. If you are pursuing parallel grievances, you may also find our guide on how to file a complaint against a police officer useful for understanding how statutory complaint mechanisms function.

Possible Outcomes

After hearing the matter, the disciplinary committee may dismiss the complaint, reprimand the advocate, suspend the advocate from practice for a specified period, or remove the advocate's name from the State roll. An advocate who is suspended is barred from practising before any court or authority in India during the suspension. The committee cannot, however, order the advocate to pay you compensation in the way a consumer forum might, because its role is disciplinary rather than compensatory. If your grievance is essentially about deficient paid service, you may separately consider consumer remedies, much like the process described in our guide on consumer court appeals before the SCDRC and NCDRC.

Timelines and Appeals

Section 36B of the Advocates Act requires the disciplinary committee of a State Bar Council to conclude proceedings within one year from the date of receipt of the complaint. If it fails to do so, the proceedings stand transferred to the Bar Council of India, which then decides the matter. If you are dissatisfied with the order, Section 37 provides an appeal to the Bar Council of India, and Section 38 provides a further appeal to the Supreme Court within sixty days of the order. These layered remedies are meant to ensure that both the complainant and the advocate get a fair hearing.

Key Takeaways

A complaint against an advocate for professional misconduct is filed with the State Bar Council under Section 35 of the Advocates Act and is decided by its disciplinary committee. Keep your complaint factual and well documented, since the process is quasi-judicial. Remember that the Bar Council can discipline an advocate but cannot award you compensation, and that the law provides clear timelines and a right of appeal up to the Supreme Court.