Monday, August 4, 2014

Charges against members of the bar

A complainant in a disbarment case is not a direct party to the case, but a witness who brings the matter to the attention of the Court. It is basic that there is neither a plaintiff nor a prosecutor in disciplinary proceedings against lawyers. The real question for determination in disbarment proceeding is whether or not the attorney is still a fit person to be allowed the privileges of a member of the bar. 
An affidavit of withdrawal of the disbarment case does not in any way exonerate the respondent-lawyer. A case may proceed regardless of interest or lack of interest of the complainant. The person who called the attention of the Court to the attorney's alleged misconduct is in no sense a party and has generally no interest in the outcome. Hence, the lawyer may be suspended or disbarred despite the desistance of the complainant or withdrawal of the charge.
Respect for the rule of law is at all times demanded from members of the bar. The primary duty of lawyers is not to their client but to the administration of justice. Zeal and persistence in advancing a client's cause must always be within the bounds of the law.