The appellant argued that the legal profession is unique because lawyers not only represent their clients but are also officers of the Court and are bound by a code of ethics. Thus, they are not blind mouthpieces of the clients. Further, lawyers function in environments which are not in their control. During the hearing, the Court raised a query about the inclusion of medical professionals within the ambit of the Consumer Protection Act and lawyers were on a similar footing.

However, by the end of the hearings, the Court conceded that law was a unique profession and the service provided was under a contract of personal service and thus, beyond the ambit of the Consumer Protection Act. It was also concluded that the Consumer Protection Act was meant to protect consumers from unfair trade practices and unethical business practices.

The Court also concluded that the 1995 decision of the Supreme Court in Indian Medical Association v. V.P. Shantha and Others, bringing doctors within the ambit of the Consumer Protection Act needed to be reconsidered and referred to a larger bench. Thus, no action can be taken against a lawyer under the Consumer Protection Act.

Recourse for clients

Does this mean that a lawyer is not liable for professional misconduct? No. The conduct of the lawyer is governed by the Advocates Act, 1961, which prescribes an ethical code of conduct to be followed by every lawyer. Law is a noble profession and bestows on the advocate a lot of responsibility both towards their client as well as the Court to ensure that justice prevails. An advocate is duty-bound to fearlessly uphold the interests of their clients.

However, it is also a reality that not all lawyers practice the profession ethically and in such a situation a client is free to file a complaint to the State Bar Council or Bar Council of India, which on receipt of the Complaint is bound to form a disciplinary committee to hear the matter. Apart from this, the client is also free to sue the lawyer for negligence while handling the case. To establish professional negligence the client needs to establish that the lawyer failed to fulfil his duty of care, which a reasonable person would take.

The Supreme Court in M. Veerappa v. Evelyn Sequeira noted that the Legal Practitioners (Fees) Act does not grant any immunity to the lawyer from being sued for negligence and the occurrence of negligence was to be judicially determined based on the facts of every case. Courts have noted that the negligence in question needs to be gross negligence and the client needs to show that the loss suffered is only due to the negligence of the advocate. Mere human errors or mistakes are not negligence. Thus, it is very difficult for a client to prove professional negligence.

What is the stand in other countries?

The Supreme Court noted that the Consumer Protection legislation across countries was passed after the General Assembly Resolution in 1985. Thus, the objective of the acts is like the Indian legislation and excludes professionals bound by their own separate legislation.

For instance, in the United Kingdom, the Legal Ombudsman is responsible for dealing with complaints about poor service against lawyers in England and Wales. The relevant regulators like the Bar Standard Board for Barristers and the Solicitors Regulation Authority investigate professional misconduct. Like India, a client can also initiate a claim for negligence in a Court.

In the United States, the Department of Justice has an Office of Professional Responsibility of OPR which investigates complaints against lawyers or attorneys. The United States also has the constitutional claim of ineffective assistance of counsel. The claim is raised when a criminal defendant's legal representation fails to meet the minimum standards of competence and diligence expected from attorneys. Thus, in this convicted individual states that their imprisonment is illegal and unlawful and files a habeas corpus claim.

Most countries have specific legislation to regulate the legal profession which prescribes both a set of duties and a code of ethics and disciplinary proceedings for the breach of the same.

The legal profession is a noble profession. However, to maintain the integrity of the profession, it is important to ensure that the State Bars, as well as the Bar Council of India, adhere to the code of conduct prescribed by the law. Self-regulation is effective in upholding the integrity of a profession only when it is timely and prompt.