Well Kian, you'll agree that ethical standars and obligations vary across jurisdictions. For example, India does not follow the "cab rank rule" of England & Wales and, similarly, E&W and India do not allow the "contingent fees system" that is permitted in the USA.

Accordingly, what is "misconduct" in E&W may not be "misconduct" in India. The SRA and the COB Rules make it clear that conduct that is not worthy of a solicitor may lead to disqualification. However, the (Indian) Advocates Act and the Rules have no equivalent provision and it only lists certain duties toward court, clients, other members of the bar, etc. See this link for full list: www.barcouncilofindia.org/about/professional-standards/rules-on-professional-standards/. Thus, Indian lawyers do not need to worry about the "average punter"!

Also, India's Constitution does not permit any "authority" to exercise discretion and if the Parliament provides any discretionary power, it must lay down the guidelines and limits for exercising discretion. My grouse is that the BCI has not clarified how the lawyer has committed misconduct under the existing rules! You think his conduct breaches any of the duties listed in the link I have referred?

Quoting @ Kian:

Well Kian, you'll agree that ethical standars and obligations vary across jurisdictions. For example, India does not follow the "cab rank rule" of England & Wales and, similarly, E&W and India do not allow the "contingent fees system" that is permitted in the USA.

Accordingly, what is "misconduct" in E&W may not be "misconduct" in India. The SRA and the COB Rules make it clear that conduct that is not worthy of a solicitor may lead to disqualification. However, the (Indian) Advocates Act and the Rules have no equivalent provision and it only lists certain duties toward court, clients, other members of the bar, etc. See this link for full list: www.barcouncilofindia.org/about/professional-standards/rules-on-professional-standards/. Thus, Indian lawyers do not need to worry about the "average punter"!

Also, India's Constitution does not permit any "authority" to exercise discretion and if the Parliament provides any discretionary power, it must lay down the guidelines and limits for exercising discretion. My grouse is that the BCI has not clarified how the lawyer has committed misconduct under the existing rules! You think his conduct breaches any of the duties listed in the link I have referred?

Good answer. LI should get a lawyer to edit the stories before publishing.