The nature of proceedings in the cases of professional misconduct is:
Explanation & Strategy
Click any section to expand · only one open at a time
The Supreme Court has characterized professional misconduct proceedings as quasi-criminal in nature because they carry serious consequences (suspension, disbarment) similar to penal proceedings, but follow procedures that are not identical to criminal trials. They are 'sui generis' — a unique category of proceedings. The advocate is entitled to principles of natural justice (notice, hearing, opportunity to defend) but not the full protections of criminal procedure like presumption of innocence or proof beyond reasonable doubt.