Legal Professionals
Legal Professionals
Legal Professionals
LEGAL PROFESSIONALS
SYNOPSIS
1. Mukhtars and Revenue Agents
2. Pleoders
3. Lawyers, AdvOcates, Vakils, and Attorneys J5265
4. Advocate-on-Record 347.016 RAI(LEG)EA12.C13
S.X.U.K
5. Senior Advocate
6. Barrister
7. Solicitor
8. Counsel
9. Jurist
10. Legal Professionals Appointed by Government
11. Legal Professionals Entrusted with Special Responsibility
12. Professionals in Employment
AOR, if not
would definitely tantamount to conduct unbecoming of an
misconduct.!
5. Senior Advocate
division
The Law Commission in 14th Report of 1958 recommended
Such division was
of Bar into two; viz. Senior Advocates and Advocates.
the seniors and
desirable in view of uneven distribution of work between
a few senior
juniors. Maximum work was concentrated in the hands of juniors
lawyers whereas the juniors were struggling for their survival. The
were thus deprived of earning as also learning.
The Advocates Act, 1961 specifically providedandfor classification of
Advocates into two categories viz. Senior Advocates other Advocates.
Supreme Court
An Advocate may be designated as Senior Advocate, if the
standing at
or a High Court is of opinion that by virtue of his ability,deserves
the Bar, or special knowledge, or experience in law, he such
distinction. Before conferment of such distinction, the consent of the
concerned is essentially taken. A Senior Advocate has right to pre-audience
over all other Advocates.4
Restrictions on Senior Advocates
A Senior Advocate is subject to certain restrictions in regard to his
practice of profession of law. The Advocates Act, 1961 authorizes the Bar
Council of India to prescribe such restrictions. Accordingly, the Bar
Council of India has prescribed following restrictions on the practice of
Senior Advocate
(i) Senior Advocate can only plead. He cannot act. To plead'
means to advance arguments in a Court or Tribunal, which a Senior
Advocate is competent to do. "To act' means to file an appearance or
any pleading or application in any Court or Tribunal, or to do any
act other than pleading. A Senior Advocate is expressly barred from
filing a Vakalatnama or from acting in any other Court or Tribunal
or authority. No advocate or attorney or recognized agent can act on
his behalf. Prior to enactment of Advocates Act, 1961, the 'act' was
performed by Solicitors and plead' was performed by Barristers.
(ü) Senior Advocate cannot appear in Supreme Court without
Advocate-on-Record. In other courts or tribunals in India or before
any other person or authority, he cannot appear in without a junior.
(iii) Senior Advocate cannot accept instructions and cannot do
drafting or conveyancing work. He cannot advice on evidence. He
cannot do any drafting work. He cannot undertake conveyancing work
of any kind.
(iv) Senior Advocate cannot accept directly from a
client any
1. Supreme Court Bar Assn. v. Union of India, (1998) 4 SCC
409 : AIR 1998 SC 1895.
2. Section 16 (1) of Advocates Act, 1961.
3. Section 16 (2) of Advocates Act, 1961.
4. Section 23 (5) of Advocates Act
1961.
5. Section 16 (3) of Advocates Act,
1961.
6. Bar Council of India Rules 1975,
"Restrictions on Senior Advocates". Part VI-Rules Governing Advocates, Chapter
by
Advocate-General, as 26
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made by person its Court Court; or
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to in or of final extent Presjdent rightg:!
any from authority
that for
any by relation sentence
(i) general certifies order involves
court person arising
it;" any the and trial has order of
of if of a of
WHEELS OF CHARIOT OF JUSTICE-THE BENCH AND THE BAR 35
Wheel
3. BarThe Second
mhe sccond wheel of Justice is the "Bar'. In legal sense, Bar' denotes
the entire body of the members of legal profession i.e. all lawyers licensed
court.
to practice in the
mhe term Bar' also originated in earlier days, when the court room
used to be divided into two parts. One part was reserved for Judges,
lawyers, litigants and court officials whereas the other was open for
general spectators who came to view the court proceedings. A railing or
or was fixed to separate these two areas so as to prevent the entry of
the reserved area. The present day term Bar'
general spectators into
perhaps owes its origin
from that bar or railing.
(1) Advocate
Bvery member of legal profession, who is licensed to practice in
Courts. is called an Advocate. He is a person possessing a degree in law.
He is enroled with the Bar Council of any State under the Advocates Act,
1961.! He alone is entitled to profess law." He is authorized to act and
nlead on behalf of his client. To act' means to file an appearance, pleading
or application in any Court, Tribunal or authority. To plead' means to
argue a cause in Court. He assists his client by giving legal advice. He
analyzes the facts of the case narrated to him by his client. He evaluates
the merit of the case on the strength of supportive documents supplied
to him by the client. Thereupon he prepares the pleadings and files them
in the court of competent jurisdiction along with documents. At the
appropriate stage of trial, the Advocate leads oral evidence, examines his
witnesses, cross examines the witnesses of the adversary and argues
questions of law and fact. An Advocate is also instrumental in bringing
the litigating parties to an amicable settlement outside the court through
negotiation, reconciliation, and compromise. In addition, an Advocate is
often entrusted with the work of legally sustainable Wills, Contracts and
Corporate Bye-laws etc.
An advocate must be enroled in the roll of any State Bar Council.
No person is entitled to practice unless he is enroled as an advocate under
right
the Advocates Act, 1961. Upon enrolment, he becomes entitled as of
to practice in all Courts including the Supreme Court, High Courts,
Subordinate Courts, Tribunals, the person legally authorized to take
evidence, and before any other authority or person before whom he is
entitled to practice. An Advocate of Supreme Court is entitled as of right
Advocate
O practice in any High Court irrespective of whether he is an
of that High Court or not.
2) Advocate is an officer of the Court
An Advocate is the Officer of the Court. Therefore while appearing
Delore the Court representing his client; an advocate is not only expected