In India, 33% to 45% fake people are in legal profession as per Law Commission Report

Report no 266 As per recent media reports 35, the Bar Council of India conducted verification of advocates under the Bar Council of India Certificate and Place of Practice (Verification) Rules, 2015, and it was reported that a very high percentage (33 to 45%) of lawyers were fake. Such lawyers were practicing either with the fake law degree or without… Read More In India, 33% to 45% fake people are in legal profession as per Law Commission Report

What are the rules for appearance by non-advocate before a Judicial Body

Brief summary of Rules pertaining to Non-Advocates in different jurisdictions United States of America • Congressional legislation neither grants nor denies the right to have a non-attorney representative in quasi-judicial proceedings. • The individual fora (administrative law courts) are allowed to create their own rules for non-attorney representatives. • Several administrative law courts/fora allow non-attorney… Read More What are the rules for appearance by non-advocate before a Judicial Body

Indian Advocate shall not personally engage in any business or employment

Under Bar Council of India Rule SECTION VII–RESTRICTION ON THEIR EMPLOYMENTS 47. An Advocate shall not personally engage in any business; but he may be a sleeping partner in a firm doing business provided that, in the opinion of the appropriate State Bar Council, the nature of the business is not inconsistent with the dignity… Read More Indian Advocate shall not personally engage in any business or employment

Whether appointment of an advocate as a Government Counsel is an appointment in Government service

the appointment of an advocate as a District Government Counsel under chapter VII of the Manual is an employment and not a professional engagement of an advocate and, therefore, the advocate is entitled to automatic renewal till he attains the age of 62 years prescribed in the Manual as the age of superannuation unless his record and character roll are not up to the mark.… Read More Whether appointment of an advocate as a Government Counsel is an appointment in Government service

The relationship of counsel and his party or the recognised agent and his principal is a matter of contract

Courts in India have consistently recognised the traditional role of lawyers and the extent and nature of their implied authority to act on behalf of their clients. Speaking for a Full Bench of the Kerala High Court in Chengan Souri Nayakam v. A. N. Menon, AIR 1968 Kerala 213, K. K. Mathew, J. (as he… Read More The relationship of counsel and his party or the recognised agent and his principal is a matter of contract

The Advocate appellant could not be treated as gross negligent but was only one of negligence.

Supreme Court in the case of T.A. Kathiru Kunju v. Jacob Mathai & Anr. [Civil Appeal No.3860 of 2007] wherein the respondent had lodged a complaint before the Bar Council that he had engaged appellant as an Advocate to file a case under the Negotiable Instruments Act, 1881 for bouncing of a cheque, but instead… Read More The Advocate appellant could not be treated as gross negligent but was only one of negligence.

Kaushal Kishore Awasthi Vs. Balwant Singh Thakur & ANR [SC 2017 December]

KEYWORDS:-Professional misconduct-Advocate- Bar Council of India (BCI) It is very clear from the provisions of Section 35 that punishment can be awarded to an Advocate if he is found guilty of professional or other misconduct. Rule 22 is the relevant Rule in the instant case which proscribes an Advocate from directly or indirectly making a… Read More Kaushal Kishore Awasthi Vs. Balwant Singh Thakur & ANR [SC 2017 December]

Barrister–at–Law Degree from The King’s Inns Ireland

The Honorable Society of King’s Inns is the oldest institution of legal education in Ireland. BARRISTER–AT–LAW SYLLABUS The syllabus covers the following subjects and activities: 1. Remedies and Quantum 2. Practice and Procedure: Civil Practice and Procedure Criminal Practice and Procedure Evidence 3. Legal Skills: Advocacy Alternative Dispute Resolution Consultation Opinion Writing Drafting Legal Research… Read More Barrister–at–Law Degree from The King’s Inns Ireland