Subject to the provisions of this Act and any rules made thereunder, there shall, as from the appointed day, be only one class of persons entitled … The advocate has a duty that he must without any delay intimate the client of the fact of such receipt if any amount is received or given to him on behalf of his client. In this blog post, Mr.Sreeraj.K.V, a student of Government Law College, Ernakulam, Kerala writes about Professional misconduct under Advocates Act, 1961.The post covers areas like the definition of the term misconduct, provisions under the Advocates Act as well as various important cases dealing with the matter. 12 of 1995, Act No. India under Section 29 of the Foreign Exchange Regulation Act, 1973. Interpretation In this Act, unless the context otherwise requires— “advocate” means any person whose name is duly entered upon the Roll of Advocates or upon the Roll of Advocates having the rank of Senior Counsel and, for the purposes of Part IX, includes any person mentioned in section 10; As an officer of the court, a lawyer has a duty and commitment towards the court towards his profession and to the public. [12] Shambhu Ram Yadav v. Hanuman Das Khatry, AIR 2001 SC 2509. He submitted that as per Section 24 read with Section 29 of the 1961 Act, any person intending to practise the profession of law must be enrolled as an advocate on any State Bar Council established under the 1961 Act. The meaning of the word “practise” is, repeated action, habitual performance, a succession of acts of a similar kind.”. 2. An advocate should not by any means bid for, or purchase, either in his own name or in any other name, for his own benefit or for the benefit of any other person, any property sold in any legal proceeding in which he was in any way professionally engaged. There was need for a unified bar, rules governing the State Bar Councils and most primarily, the formulation of an All India Bar, all of which was is the freshly enacted law. Not bid or transfer property arising of legal proceeding. Advocates to be the only recognized class of persons entitled to practice law.- subject to the provisions of this Act and any rules made there under, there shall, as from the appointed day, be only one class of persons entitled to practice the profession of law, namely, advocates.” Prior to this Act, there were deviant classes of legal practitioners under the Legal Practitioners Act. Section 29 : Advocates to be the only recognized class of persons entitled to practice law. Mandeep Singh. [Rest: 15th December, 1989.An Act of Parliament to amend and consolidate the law relating to advocates. Since the foremost duty is commitment is to assist the court in dispensing justice, the members of the Bar cannot perform in a manner which is doubtful, or has a lot of doubts or which strives to thrive on litigation. 9. The legal profession is required to look after the moral standards. But they are regularly facing partiality in taxation matters since 1984.Changes are required in some areas of Income tax law to efficiently protect the interests of assesses and department as mentioned below. Duties to the society • Duty to facilitate legal education, training of young lawyers and research in legal discipline • … Section 32. Under the relevant provisions of the Advocates Act, 1961; Advocates only have the right to practice before any Court (vide Section 33). It is notable that in preceding days of the British period the legal profession was not paid due consideration and it was not well formulated. Legal practice in India is governed by the Advocates Act 1961; an act passed by the Indian Parliament which provides for laws relating to legal practitioners in India and to provide for the constitution of the Bar Council of India (BCI) and state bar councils. In a case in where he himself is a witness then he should not accept a brief or appear. Ordinarily an advocate should not withdraw from serving a client once he has decided to serve them. practice law? [Repealed.]. [14] Indulging in practices of corrupting the judiciary or offering bribe to the Judge [15] ; retaining money deposited with the advocate for the decree-holder even after execution proceedings [16] ; scandalizing the Judges [17] ; constant abstention from the conducting of cases; misappropriation of the amount paid [18] ; attesting forged affidavit [19] ; failure to attend trial after accepting the brief [20] ; taking money from client in the name of the Judge[21]; gross negligence involving moral turpitude [22] ; indecent cross examination[23]; breach of trust[24]; conducting fraud and forgery[25] by the advocates, have been held to be serious misconduct by the Supreme Court. Under Section 34 of the Advocates Act, 1961, the High Court islegitimized to make rules about the conditions under which an advocate shall be permitted to practise in the High Court and subordinate court. An advocate should always keep accounts of the clients’ money entrusted to him. An advocate has a duty for refusal to act in an illegal or improper manner towards the opposing counsel or the opposing parties. He has also a duty that he should not promote unauthorized practice of law. [8] Prayag Das v. Civil Judge, Bulandshahr, AIR 1974 All 133, [9] Harish Uppal vs Union Of India & Anr on 17 December, 2002. The Supreme Court, through its decision in the matter of Bar Council of India v. Board of Management, Dayanand College of Law[11], surveyed the statutory powers available to BCI under the provisions of the Advocates Act, as well as the Rules framed thereunder, and concluded that BCI was concerned with the standards of the legal profession and legal education in the country. 1. Section 24 of the Advocates Act, 1961, lays down certain conditions on fulfilment of which a person is qualified to be appointed as an Advocate on a state roll but this is subject to the disqualifications laid down under Section 24A of the Advocates Act,1961, which has been inserted by the Amendment in the year 1973. The act has endured several amendments since its enactment in 1961. 34 must be given a restricted meaning of permitting physical appearance of the advocate and not his general right to practice. They were Advocates, lawyers, vakils, etc. Reported in : AIR1997Ker243; 1994CriLJ682..... das v. civil judge, air 1974 all 133). Subject to the provisions of this Act and rules made there under, there shall, as from the appointed day, be only one class of persona entitled to practice the professions of law, namely, advocates. Section 31. An advocate should on all occasions show respect towards the court. 16 Advocates 7 [Issue 1] CHAPTER 16 ADVOCATES ACT [Date of assent: 13th December, 1989. The Act aims at rectifying and consolidating the laws relating to legal practitioners and to administer for the establishment of State Bar Councils and an All India Bar Council. Thus, in the mix of judging Sec. [18] D S Dalal v. State Bank of India, AIR 1993 SC 1608; and J S Jadhav v. Mustafa Haji Mohamed Yusuf, AIR 1993 SC 1535. Section 30 : Right of advocates to practice. Under section 1, the Act is to come into force on such date as the central government may, by notification in the Official Gazette, appoint and different dates may be appointed for different provisions of this Act. Section 29 : Advocates to be the only recognized class of persons entitled to practice law. (2) It extends to the whole of India. Short title, extent and commencement (1) This Act may be called The Advocates Act , 1961. An advocate is duty bound to carry out legitimate promises made to the opposite party. Similarly, Section 30 lays down that subject to the provisions of this Act, every advocate whose name is entered in the State Roll shall be entitled as of right to practice throughout the territories to which this Act extends: (a) in all Courts including the Supreme Court;(b) before any Tribunal or person legally authorized to take evidence; and (c) before any other authority or person before whom such advocate is by or under any law for the time being in force. He should also not use unparliamentary language during arguments in the court. 25 OF 1961 [19th May, 1961.] The aim of the Advocates Act is to harmonize and constitute one class of legal practitioners called “Advocates” and to determine uniform qualification for admission to the Bar. Section 29 of the Advocates Act, 1961 provides that “subject to the provisions of this Act and any rules made thereunder, there shall, as from the appointed day, be only one class of persons entitled to practise the profession of law, namely advocates.” https://indiankanoon.org/doc/510150/#:~:text=33.,an%20advocate%20under%20this%20Act. This section came into operation on 1st June, 1969. He also shall not charge for his services as a proportion of the amount or property acknowledged after the success of the matter. He should not enter act, appearance, practice or plead in any way before a judicial authority if the sole or any member of the bench is related to the advocate as son, daughter father, grandson, grandfather, , first cousin,  uncle, nephew, brother, husband, wife, mother, sister, aunt, niece, father-in-law, mother-in-law, son-in-law, brother-in-law daughter-in-law or sister-in-law. A lawyer must strictly adhere to the norms of profession which make him worthy as an officer of court[13]. appointed day, be only one class of persons entitled in the preamble ..... the profession of law. and on Section 29 of the Advocates Act, 1961, which is; “29. For the purpose of any action or legal proceedings in which advocate is engaged by client he shall not lend money to such client. Section 31 - Special Power of Attorney (Repealed) Section 32 : Power of court to permit appearances in particular cases. SUPREME COURT JUDGMENTS . Lawyers needs to keep in mind that they are to assist the court in the administration of justice. Advocates Act, 1961 The provisions of Section 35 of the Advocates Act deal with professional misconduct of lawyers and advocates in India, which read as: A person is found guilty of professional misconduct; it shall refer the case to a disciplinary committee, shall fix a date of hearing and issue a show cause notice to the Advocate and the Advocate General of the State. Section 29 of Advocates Act, 1961. Professional misconduct refers to disgraceful or dishonorable conduct, not befitting to the profession concerned. [13] Noratanmal Chouraria v. M R Murli & Anr., AIR 2004 SC 2440. The Advocates Act put into effects the recommendation of the Bar Committee in the Law Commission with some modifications. a person or entity whose interests will be affected by the outcome of a lawsuit, whose absence as a party in the suit prevents a judgment on all issues, but who cannot be joined in the lawsuit because that would deny jurisdiction to the particular court (such as shifting jurisdiction from a state to federal court). 18 of 1989, Act No. 2012] CAP. Section 29 of the Advocate's Act, 1961 provides that subject to the provisions of this Act and any rules made thereunder, there shall, as from the appointed day, be only one class of persons entitled to practise the profession of law, namely, advocates. Rights and Duties of an Advocate under Advocates Act, 1961, An advocate should not adjust fee payable to him by his client, https://ggreen.com/just-for-fun/famous-quotes-in-law. .- Subject to the provisions of this Act, every advocate whose name is entered in the common roll shall be entitled a of right to practise throughout the territories to which this Act extends,--- (i) in all courts including the Supreme Court; (ii) before any tribunal or person legally authorised to take evidence; and (i… Advocates have a duty to uphold the integrity of the profession and to discourage corruption so that justice may be secured by the citizenry in a legal manner.[12]. He should should not act on the direction of any person other than his client or the client’s authorized agent. Section 30 in THE ADVOCATES ACT, 1961 30. An advocate should not show up in any matter where another advocate has filed a vakalt or memo for the same party (he can do so only with the consent of the other advocate. 7 of 1990, Act No. may be made, Section 26 : Disposal of an application for admission as an In Kokkanda B. Poondacha v. K.D. : Transfer of name from one State roll to another, Section 19 [Rev. State roll, Section 24A : Disqualification for enrolment, Section 25 : Authority to whom applications for enrolment advocate, Section 26A : Power to remove names from roll, Section 27 : Application once refused not to be entertained An advocate should not charge for his services depending on the attainment of success of the matter undertaken. If he has advised a party in connection with the institution of a suit, appeal or other matter or has drawn pleadings, or acted for a party, then he shall be duty bound not to act, appear or plead for the opposite party in the same matter. ( should not indicate that he is or has been President or Member of a Bar Council or of any Association or that he has been associated with any person or organisation or with any particular cause or matter or that he specialises in any particular type of work or that he has been a Judge or an Advocate General.). An advocate should, at the commencement of his engagement and during the continuance thereof, make all such full and frank disclosure to his client relating to his connection with the parties. 34(1) the courts have negligently laid down that the words ‘laying down the conditions subject to which an advocate shall be permitted to practice’ under Sec. Variava, J and his brothers concluded that ‘the right to practice is the genus, of which the right to appear in the Court may be a specie. An advocate has also a duty that should conduct the proceedings in a manner that it does not lead to conviction of the innocent. [25] LC Goyal v. Nawal Kishore, (1997) 11 SCC 258; and Devender Bhai Shanker Mehta v. Ramesh Chandra Vithal Dass Seth, AIR 1992 SC 1388; See also: Dr. Elbe Peter, MDS, LL.B, DCR, Professional misconduct of lawyers in India. [16] Prahlad Saran Gupta v. Bar Council of India, AIR 1997 SC 1338. this status has gained statutory recognition when section 49 of the advocates act empowered bar council of india to frame rules, regulating standards of professional conduct. Section 29 of the Advocates Act, 1961 provides that “subject to the provisions of this Act and any rules made thereunder, there shall, as from the appointed day, be only one class of persons entitled to practise the profession of law, namely advocates.”, In Nibaran Bora v. Union of India,[3] the Gauhati High Court has held that only advocates can practise in a court of law. The Advocates Act has set aside these classes and has allowed only one class of Advocates. He is also duty bound to adjust fees after termination of proceedings and any amount left after the deduction of the fees and expenses from the account must be returned to the client. The Advocates Act, 1961, which received the assent of the President of India on the 19th of May, 1961, extends to the whole of India, except the State of Jammu and Kashmir. [17] Dr. D C Saxena v. Chief Justice of India, AIR 1996 SC 2481. If lawyers do not perform their duty properly then it would be depressive to the rule of law. Section 29 of the Advocates Act, 1961 provides that "subject to the provisions of this Act and any rules made thereunder, there shall, as from the appointed day, be only one class of persons entitled to practise the profession of law, namely advocates." THE ADVOCATES ACT, 1961 ACT NO. [5] https://indiankanoon.org/doc/510150/#:~:text=33.,an%20advocate%20under%20this%20Act. If he is a member of the management of the establishment then he should not appear in or before any judicial authority, for or against any establishment. Section 29 - Advocates to be the only recognized class of persons entitled to practice law-. He should turn up in court at all times only in the dress ethical under the Bar Council of India Rules and his representation should always be presentable. An advocate under the Advocates Act, 1961 is a person who have entered in any roll under the provisions of this Act. (Exception he is liable to disclose if it violates Section 126 of the Indian Evidence Act, 1872.). Advocates to be the only recognised class of persons entitled to practise law. “The expression ‘to practice the profession of law’ in section 29 of the 1961 Act is wide enough to cover the persons practicing in litigious matters as well as persons practicing in non litigious matters and, therefore, to practice in non litigious matters in India, the respondents were bound to follow the provisions contained in the 1961 Act.” CHAPTER V CONDUCT OF ADVOCATES. Section 29 of the Advocates Act makes the right of practice an exclusive right and precludes all persons other than advocates from practicing law. [19] M Veerabhadra Rao v. Tek Chand, AIR 1985 SC 28. Dignity of the judiciary is to be maintained, failing which the institution itself will collapse. (1) Where on receipt of a complaint or otherwise a State Bar Council has reason to believe that any advocate on its roll has been guilty of professional or other misconduct, it shall refer the case for disposal of its disciplinary committee. The enactment of the Advocates Act, 1961 was the consequences changes to the legal profession after Independence. Right of advocates to practise. Section 34 : Power of High Courts to make rules. Power of court to permit appearances in particular cases. Section 29 of Advocates Act, 1961. An advocate shall not negotiate directly with opposing party by any means of communication or negotiate or call for settlement upon the subject matter of differences. Section 33 : Advocates alone entitled to practice. An advocate should not disclose in private to a judge with regard to any matter pending before the judge or any other judge. the Bar Council of India, Section 20 : Special provision for enrolment of certain [20] S J Chaudhary v. State, AIR 1984 SC 618. The Act extends to the whole of India, except the State of Jammu and Kashmir. Section 17 The Act extends to the whole of India. An advocate should not trade or agree to receive any share or interest in any actionable claim. An advocate’s sign-board or name-plate should be of a reflective size. Section 30. [8], At the end of a thoughtful judgment S.N. An advocate has to keep in mind that the dignity and respect maintained towards judicial office is essential for the survival of a free community. Legal profession is not a trade or business. The provisions relating to rights of advocates have been described under Sections 29, 30, 32, 33 and 34 of Advocates Act, which are as follows: This section came into operation on 1st June, 1969. That as per Section 29 of the Advocate Act, 1961:- Advocates to be the only recognized class of persons entitled to practice law- Subject to the provisions of this Act and rules made there under, there shall, as from the appointed day, be only one class of person entitled … An Act to amend and consolidate the law relating to the legal practitioners and to provide for the constitution of Bar Councils and an All-India Bar. To implement the recommendations of All India Bar Committee after taking into consideration the Law Commission’s recommendations made in its Fourteenth Report in so far as they run through to the Bar and to legal education, the Advocates Act was executed. [Act No. He should not exploit or take any advantage of the confidence reposed in him by his client. This Act may be cited as the Advocates Act. But the right to appear and conduct cases in the Court is a matter on which only the court must and does have a supervisory and controlling power, which does involve the right of an advocate.’[9]. The All India Bar Committee also inspected the matter and made its recommendations in 1953. An advocate must provide the client with the copy of the client’s account maintained by him on demand, provided that the necessary copying charge is paid. He has a duty not divert any part of the amounts received for expenses as fees without written instruction from the client. Slowly and gradually, it was felt that the Judicial Administration should be switched according to the needs of the time. by another Bar Council except in certain circumstances, Section 29 : Advocates to be the only recognized class of Right of advocates to practise.—Subject to provisions of this Act, every advocate whose name is entered in the 1[State roll] shall be entitled as of right to practise throughout the territories to which this Act extends,— ][Date of commencement: Section 32 — 1st January, 2000. In this rare technical situation, a necessary party who is not in the suit differs from an “indispensable party,” who must be joined if the lawsuit is to proceed, and from a “proper party,” who could be joined but is not essential. [24] Bapurao Pakhiddey v. Suman Dondey, AIR 1999 SC 916. Sections 24, 29 and 30 of the Advocates Act, 1961 and the rules of the Bar Council of India also would deny him the right to be called an advocate as having been appointed as A.P.P. So, as per Section 32 of the Advocates Act, 1961; a person who has not been enrolled under the Advocates Act 1961 has the liberty to appear before the Court but only on the ground that the Court allows  him to do so.[6]. Advocates to be the only recognised class of persons entitled to practise law.—Subject to the provisions of this Act and any rules made thereunder, there shall, as from the appointed day, be only one class of persons entitled to practise the profession of law, namely, advocates.” It repeals the Indian Bar Council Act, 1926, the Legal Practitioners Act, 1879, in other laws under subject. 21 of 1990, Act No. During the presentation of his case and also while acting before a court, an advocate should act in a dignified manner. [5] Although only Advocates have the liberty to practice/carry on litigation in Courts, there is a provision under the Act which gives the Court power to allow/deny any person to appear before it. https://indiankanoon.org/doc/1577844/#:~:text=Section%2032%20in%20THE%20ADVOCATES%20ACT%2C%201961&text=32.,him%20in%20any%20particular%20case. Thatthe Supreme Court in India, in N Mohindroo v. BCI [AIR 1968 SC 888] and Bar Council of UP [AIR 1973 SC 231] the subject covered by the Advocates Act, 1961 is preferable to Entries 77 and 78 in List I of Schedule VII of the Constitution of India. entitled to practise.[4]. It is also a duty of an advocate todauntlessly uphold the interests of his client by all fair and honourable means. BE it enacted by Parliament in the Twelfth Year of the Republic of India as follows:― CHAPTER I PRELIMINARY 1. rules made thereunder, there shall, as from the Advocates Act, 1961. For the purpose of any legal proceedings an advocate should not stand as a surety, or certify the soundness of a surety that his client requires. An advocate should not disgracefully damage the character of the parties on false grounds during pleadings. Are Advocates to be the only recognized class of persons entitled to 9 of 2000, The legal profession as it exists today was refined during the British period. 15. it must be remembered that an advocate is an officer of the court. Advocates to be the only recognised class of persons entitled to practise law.—Subject to the provisions of this Act and any rules made thereunder, there shall, as from the appointed day, be only one class of persons entitled … [1] https://blog.ipleaders.in/wp-content/uploads/2017/02/SalemWitchcraftTrial_large.jpg, [2] https://ggreen.com/just-for-fun/famous-quotes-in-law. Section 29 of the Advocates Act, 1961, states as under: “29. [14] In Re : Vinay Chandra Mishra, AIR 1995 SC 2348. Thus, the Advocates Act,1961 needs to be amended to this extent. It is also clarified that the expression "to practice the profession of law" under Section 29 of the Advocates Act, 1961 covers the persons practicing litigious matters as well as non-litigious matters other … [6] https://indiankanoon.org/doc/1577844/#:~:text=Section%2032%20in%20THE%20ADVOCATES%20ACT%2C%201961&text=32.,him%20in%20any%20particular%20case. An advocate should not wear bands or gowns in public places other than in courts, except on such solemn occasions and at such places as the Bar Council of India or as the court may define. Section 29 in THE ADVOCATES ACT, 1961 29. He is also duty bound to not be a party to stir up or instigate litigation. to practice the profession of law, namely, He has a duty defend a person accused of a crime regardless of his personal presupposition as to the guilt of the accused. In any matter in which he has financial interests then he should not act or plead in that matter. Having gone through varied enactments, judgments and cases that have been referred the author suggests that there must be various career conveyance and advancement programs conducted by the Bar Council promptly after enrolment so that new legal professionals they will be aware of the do’s and don’ts of this profession and there will be a greater degree of group of advocates in the coming decennary. An advocate shall not accept a fee less than the fee, which can be taxed under rules when the client is able to pay more. Mr. Singh further submitted that the 1961 Act is a complete code for regulating the practice of law in India. persons entitled to practice law, Section 30 : Right of advocates to practice, Section 31 - Special Power of Attorney (Repealed), Section 32 : Power of court to permit appearances in Supreme Court advocates, Section 21 : Disputes regarding seniority, Section 24 : Persons who may be admitted as advocates on a Advocates are only recognized class for “ Practice of law” under section 29 of Advocate act 1961. It may, yet, be noted that the Advocates Act, 1961, came into being for over four decades back, but still Section 30 of this Act, is not forced upon. particular cases, Section 33 : Advocates alone entitled to practice, Section 34 : Power of High Courts to make rules, Section 35 : Punishment of advocates for misconduct. Advocate Act, 1961 specifies the rules governing advocates, vakils, … It is been seen that Advocates act who is the primitive act in mentioning about the rights of an advocate is an elaborative act dealing in various aspects in relation to legal profession and it is prominent to state that according to the Section 29 to 34 of the Advocate Act, 1961, Practice of Advocates is a right. An advocate shall not solicit work or advertise in any manner. However, in Derby Textiles Ltd. v. Mahamantri, Derby Textiles Karmachari and Shramik Union,[7] it has been held that an office-bearer of a trade union, who is a qualified law graduate but not registered as an advocate, can be permitted to represent the union and argue the case. Doctrine of Eclipse under Indian Constitution. It may be noted that under this section, only one category of person, the Advocates, are authorized to practice, subject to the Provisions of this Act. Introduction A lawyer’s profession is meant to be a […] Section 29 of the Advocate Act, 1961, lays down provisions that "the Advocates are the only recognized class of persons entitled to practice law". Where funds in advocates hands are converted into loans in that case he shall not enter into arrangements. ). (adsbygoogle = window.adsbygoogle || []).push({}); Subject to the provisions of this Act and any