Model constitution or bye-laws of a Bar Association in India and England

THE CONSTITUTION

1 (a)The Central Bar Association (“the Association”) exists to represent the views and interests of the practising members of the civil and criminal bars in England and Wales.

(b) The objectives of the Association include:

(i) promoting and representing the professional interests of its members;

(ii) assisting with consultation undertaken in connection with the criminal law or the legal profession;

(iii) providing professional education and training and assisting with continuing professional development;

(iv) promoting and maintaining the highest professional standards in the practice of law;

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Prospects of Foreign Law Firms and Lawyers in India

Prospects of Foreign Law Firms and Lawyers in India

14.1 In recent years, fast transformation has been experienced in every field, whether it is social or economic. With the opening of new vistas, the world is increasingly shrinking. Countries are becoming more and more inter-dependent. The opening of the economy to other countries and widening of the international trade and commerce has brought the dire necessity of reviewing various municipal laws relating to “ease of doing business” and other relevant laws which also includes the Advocates Act. The increase in the quantum of import and export, formation of new companies and concerns with import of technology and invitation to multi-national companies to establish their subsidiary companies in India and have their commercial establishment here, necessitated the beginning of international arbitration. In arbitration matters, very often foreign lawyers appear on behalf of companies and their establishments in India from time to time.

14.2 At times, the issue of allowing foreign firms and lawyers in India and having vice-a-versa arrangement for advocates practicing law in India in other counties has been raised in different forums. In this context, sections 17, 29 and 47 of the Advocates Act require a passionate examination. In terms of section 17, a person desirous of taking up the profession of advocacy is required to be enrolled on the rolls of the advocates maintained by the State Bar Council. Section 29 visualises that only the advocates registered under the Advocates Act are considered to be the recognised class of persons entitled to practice law. Section 47 relates to reciprocity whereunder the nationals of any other country may also be admitted as an advocate on the State roll, if citizens of India duly qualified are permitted to practice law in such other country.

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Bombay Pleaders Act 1920

The Bombay Pleaders Act, 1920

Bombay Act No. 17 of 1920

13th December; 1920

An Act to consolidate and amend the Law relating to pleaders in the Presidency of Bombay.

Whereas it is expedient to consolidate and amend the law relating to pleaders in the Presidency of Bombay; and whereas the previous sanction of the Governor General required by section 79, sub-section (2), of the Government of India Act, 1915, has been obtained for the passing of this Act; It is hereby enacted as follows:-

1. Short title and extent. – (1) This Act may be called the Bombay Pleaders Act, 1920.

(2) It extends to the whole of the State of Maharashtra.(3) In that part of the State of Bombay to which it is extended by the Bombay Pleaders (Extension and Amendment) Act, 1958, it shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.

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Verification of advocates under the Bar Council of India Certificate and Place of Practice (Verification) Rules, 2015

Law Library

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 any degree at all. The process of verification is not yet complete and the so-called bogus lawyers could be identified only by scrutiny. Apprehension has been raised that the alleged bogus lawyers could have succeeded in making entry in the judiciary, government services and some of them could have been appointed as Government pleaders, Law Officers, etc. Such persons might have succeeded in mission by impersonation and entering into criminal conspiracy. Thus legal advice offered by such persons could affect the deliverance and quality of justice and their mere existence in legal system would definitely erode the public trust.

This is a crucial matter casting shadow on the nobility of the legal profession. As such, to establish the probity of advocacy, it requires a thorough scrutiny and verification. Towards this end, the Law Commission recommends a specific rule making power for Bar Council of India to make rules for verification of certificates of Advocates and for periodical verification of antecedents, conduct, place of practice of Advocates; and to make a data-based web-portal of all the advocates.

LAW COMMISSION OF INDIA –Report No.266 -2017

Are There Public Interest Limits on Lawyers’ Advocacy?

Are There Public Interest Limits on Lawyers’ Advocacy?

Monroe H. Freedman

Are there no limits (short of violating criminal laws and rules of court) to the partisan zeal that an attorney should exert on behalf of a client who may be a murderer, a rapist, a drug pusher, or a despoiler of the environment? Is the lawyer never to make a conscientious judgment about the impact of the client’s conduct on the public interest and to temper the zealousness of his or her representation accordingly?

My answer to those questions is determined in substantial part by the premise from which I begin. I believe that the adversary system is itself in the highest public interest, that it serves public policy in a unique and in a uniquely important way, and that it is, therefore, inconsistent with the public interest to direct lawyers to be less than zealous in their roles as partisan advocates in an adversary system.

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Lecture On Professional ethics

 BY R.Venkataramani

Senior Advocate- Supreme Court

1. Keep the following in mind:

• That a democratically elected body of people will legislate, draw policies and implement them in accordance with constitutional scheme. This is fundamental to rule of law. In political dialogue we may call it an open society where governance is transparent and rights are protected.

• There is an increasing perception that the legal profession now stands in danger of losing the soul.[Anthony Kronman, The Lost Lawyer (Cambridge, M.A. Harward University Press, 1993), p.1]. That the feature of professionalism is uncertain. [Andrew Boon and Jennifer Levin, The Ethics and Conduct of Lawyers in England and Wales, 2nd edn. (Oxford: Hart Publishing 2008, p. 56).

• That there is increasing commercialization of work of lawyers as the legal profession is tending to sell its services rather than rendering services. [“I have heard Indian friends of my own, themselves distinguished lawyers, deplore in no uncertain terms this lowering of standards; and it seems clear that once cause of it at least is the great overcrowing of the profession and the struggle for existence among its less fortunate members, since the weaker brethren are thereby exposed to temptation which they are not always able to resist. This is a matter which affects the public, as well as the profession itself: for diminution in the respect, felt for lawyers as a whole, must affect prejudicially the whole administration of justice. “Maurice Gwyer – 1944 Foreword to 2nd edn Professional Conduct and Advocacy – K. Krishnaswami Aiyar].

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دستورالعمل کارآموزی وکالت: Lawyer training internship guidelines -Iran

با عرض سلام و آرزوی موفقیت برای شما در طی کارآموزی خواهشمند است کلیه مطالب این دستورالعمل را به دقت مطالعه نموده تا از ایجاد وقفه در امر آموزش و بروز مشکلات بعدی برای خود جلوگیری نمائید.
شروع دوره

هنگامی است که فرد طی معرفی نامه داخلی که از واحد مشاوران حقوقی صادر می شود رسماً به اداره آموزش مراجعه کرده و با تشکیل پرونده ابلاغ کارآموزی دریافت نماید.

نکته: مهمترین وظیفه کارآموز در ابتدای دوره دانستن اطلاعات ضروری آموزشی نظیر شماره پرونده آموزش (در بالای برگه حضور و غیاب درج و کلیه ابلاغها تحت آن شماره صادر می شود) نحوه تکمیل گزارش کار، ثبت نام کلاسهای تئوری، دریافت ابلاغ وکیل سرپرست و رعایت مقررات انضباطی و عدم غیبت غیرموجه می باشد.

v مراحل دوره

دوره آموزش مشاوره حقوقی شامل سه مرحله می باشد:

1_ دوره عملی: با صدور ابلاغ حقوقی آغاز می شود و در این دوره کارآموز می بایست با در دست داشتن ابلاغ کارآموزی که اداره آموزش صادر می کند به مجتمع قضائی خود مراجعه نموده و کارآموزی عملی خود را آغاز نماید و در پایان دوره با همراه داشتن برگه حضور و غیاب جهت دریافت ابلاغ بعدی به اداره آموزش مراجعه نماید که این دوره‌ها شامل: 1_ دفاتر محاکم یا شوراهای حل اختلاف (15 روز) 2_ شعب حقوقی (35 روز) 3_ اجرای احکام مدنی (25 روز)

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Basic Principles on the Role of Lawyers: UN Congress in Havana 1990

Basic Principles on the Role of Lawyers

United Nations Congress on the Prevention of Crime and the Treatment of Offenders, Havana, Cuba

Adopted by the Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, Havana, Cuba

27 August to 7 September 1990

Whereas in the Charter of the United Nations the peoples of the world affirm, inter alia , their determination to establish conditions under which justice can be maintained, and proclaim as one of their purposes the achievement of international cooperation in promoting and encouraging respect for human rights and fundamental freedoms without distinction as to race, sex, language or religion,

Whereas the Universal Declaration of Human Rights enshrines the principles of equality before the law, the presumption of innocence, the right to a fair and public hearing by an independent and impartial tribunal, and all the guarantees necessary for the defence of everyone charged with a penal offence,

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Senior and other advocates

16. Senior and other advocates.

(1) There shall be two classes of advocates, namely, senior advocates and other advocates.

(2) An advocate may, with his consent, be designated as senior advocate if the Supreme Court or a High Court is of opinion that by virtue of his ability [standing at the Bar or special knowledge or experience in law] he is deserving of such distinction.

(3) Senior advocates shall, in the matter of their practice, be subject to such restrictions as the Bar Council of India may, in the interest of the legal profession, prescribe.

(4) An advocate of the Supreme Court who was a senior advocate of that Court immediately before the appointed day shall, for the purposes of this section, be deemed to be a senior advocate:

Provided that where any such senior advocate makes an application before the 31st December, 1965 to the Bar Council maintaining the roll in which his name has been entered that he does not desire to continue as a senior advocate, the Bar Council may grant the application and the roll shall be altered accordingly.

The Advocates Act 1961