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

An advocate shall not personally engage in any business [Bar Council of India Rules 47-51]

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 of the profession. 48. An advocate may be Director or Chairman… Read More An advocate shall not personally engage in any business [Bar Council of India Rules 47-51]

Law officer engaged by the Government if not acting or pleading on behalf of his employer, then he ceases to be an advocate.

Supreme Court of India in Satish Kumar Sharma vs The Bar Council Of Himachal[2001] held : An advocate employed by the Government or a body corporate as its law officer even on terms of payment of salary would not cease to be an advocate in terms of Rule 49 if the condition is that such advocate… Read More Law officer engaged by the Government if not acting or pleading on behalf of his employer, then he ceases to be an advocate.

Within the Court, the right of audience of an advocate is to be regulated by the Court itself

 SUPREME COURT  in Harish Uppal v. Union of India held as under: “34. One last thing which must be mentioned is that the right of appearance in courts is still within the control and jurisdiction of courts. Section 30 of the Advocates Act has not been brought into force and rightly so. Control of conduct in court… Read More Within the Court, the right of audience of an advocate is to be regulated by the Court itself

The right to practise and the right to appear in courts are not synonymous

Apex Court decision delivered in Pravin C. Shah vs. K.A. Mohd. Ali and Another :- “18. In the above context it is useful to quote the following observations made by a Division Bench of the Allahabad High Court in Prayag Das v. Civil Judge, Bulandshahr : The High Court has a power to regulate the appearance of advocates in… Read More The right to practise and the right to appear in courts are not synonymous

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]