It was expected that having known the well-settled law and having seen that repeated strikes and boycotts have shaken the confidence of the public in the legal profession and affected administration of justice, there would be self regulation. The above mentioned interim Order was passed in the hope that with self restraint and self regulation the lawyers would retrieve their profession from lost social respect. The hope has not fructified. Unfortunately strikes and boycott calls are becoming a frequent spectacle. Strikes, boycott calls and even unruly and unbecoming conduct are becoming a frequent spectacle. On the slightest pretense strikes and/or boycott calls are resorted to. The judicial system is being held to ransom. Administration of law and justice is threatened. The rule of law is undermined.
Before the collegiate courts, the parties must be represented by a lawyer licensed there (compulsory lawyer);another lawyer may only appear alongside the one who has been admitted and, with his approval, instead of the one who has been admitted; However, any lawyer can defend and act as counsel before any court in the realm. In the public meetings of the collegiate courts, he wears an official costume. A lawyer is assigned to the poor by the court to represent them free of charge. The lawyers admitted within the district of a higher regional court form a bar association ,which elects a board of directors to exercise supervision and honorary judicial power, which includes warning, reprimand, fines of up to 3,000 marks and exclusion.
In order for legal assistance to be effective, it must be carried out independently. This is recognised in the preface to the UN Basic Principles on the Role of Lawyers (UN Basic Principles), which states that “adequate protection of the human rights and fundamental freedoms to which all persons are entitled, be they economic, social and cultural, or civil and political, requires that all persons have effective access to legal services provided by an independent legal profession”
As herein used, the phrase “law practice” shall mean representation of third parties before courts of law, the Board of Grievances, and other committees as may be set up pursuant to laws, decrees and decisions to consider the cases falling within their respective jurisdictions. It shall also mean rendering consultancy services based on the principles of Shari'ah and the rule of law.
An Advocate who has inherited, or succeeded by survivorship, to a family business may continue it, but may not personally participate in the management thereof. He may continue to hold a share with others in any business which has descended to him by survivorship or inheritance or by will, provided he does not personally participate in the management thereof.
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…
n the matters of allowing foreign lawyers and law firms to practice law in India, the basic objections raised at different forums over the time is that the law graduates from India are allowed to practice the profession of law in U.K., USA, Australia and other countries subject to following their cumbersome procedure which is very costly also. Further, there are many restrictions like qualifying tests, prior experience, work permit etc. which is not contemplated under the Advocates Act in respect of foreign lawyers who intend to practice in India. Therefore, issue of allowing entry of foreign law firms and lawyers without any reciprocal arrangements similar to that of arrangements prevailing in those foreign countries should not be entertained.
Now repealed Act THE LEGAL PRACTITIONERS ACT 1879 ARRANGEMENT OF SECTIONS PREAMBLE CHAPTER I PRELIMINARY SECTIONS 1. Short title, commencement. Local extent. 2. [Repealed.]. 3. Interpretation-clause. CHAPTER II OF ADVOCATES, VAKILS AND ATTORNEYS 4. Advocates and Vakils. 5. Attorneys of…
Pleader" means a pleader admitted under this or any previous Act, and includes an attorney of the High Court appearing, pleading or acting for a client, elsewhere than in the Greater Bombay, but nothing in sections 3, 4, 5, 6, 11, 12, 13, 24, 25, 27 or 30, shall apply to an attorney of the High Court;
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.
The adversary system proceeds from the assumption that the most effective way to determine truth and to do justice is to pit against each other two advocates, two adversaries, each with the responsibility to marshal1 all of the relevant facts, authorities, and policy considerations on each side of the case, and to present those conflicting views in a clash before an impartial arbiter.
The extent to which “Zealous representation and client confidentiality thwart other values of justice system. Whether “Zealous advocacy within the founds of law” is not an indeterminate rule? Exaggerated claims on either side – outcome are distorted, alternative outcome party satisfaction, collaboration and sharing, reparation, reformation, empathy as against punishment or compensation etc.
Indictment and conviction; Deliberate homicide, kidnapping, aggravated robbery, aggravated robbery, traffic accidents leading to financial loss, treason in lending, sale of the property, etc., defamation, unpaid checks subject to Articles 3 and 7, intentional/unintentional assault and aggravated assault. , Conflicts, Prohibition of Prosecution, Prohibition of Prosecution, Conditional Release, Conviction Seizure, Benefit Leave, Suspension of Punishment, Destruction, Offense, Deception Marriage, false testimony, applying Article 696 of the Penal Code and applying Article 277 of the Criminal Code of Criminal Procedure and mitigation unforgiving after a private prosecution.
The Basic Principles on the Role of Lawyers, set forth below, which have been formulated to assist Member States in their task of promoting and ensuring the proper role of lawyers, should be respected and taken into account by Governments within the framework of their national legislation and practice and should be brought to the attention of lawyers as well as other persons, such as judges, prosecutors, members of the executive and the legislature, and the public in general. These principles shall also apply, as appropriate, to persons who exercise the functions of lawyers without having the formal status of lawyers.
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…