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.
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 principal argument of the appellant is that the statement made by his counsel before the High Court was not binding on him, as it was made without his instructions.We hasten to add neither the client nor the court is bound by the lawyer’s statements or admissions as to matters of law or legal conclusions. Thus, according to generally accepted notions of professional responsibility, lawyers should follow the client’s instructions rather than substitute their judgment for that of the client. We may add that in some cases, lawyers can make decisions without consulting the client.
An Act to make provision for the establishment of the Legal Services Board and in respect of its functions; to make provision for, and in connection with, the regulation of persons who carry on certain legal activities; to make provision for the establishment of the Office for Legal Complaints and for a scheme to consider and determine legal complaints; to make provision about claims management services and about immigration advice and immigration services; to make provision in respect of legal representation provided free of charge; to make provision about the application of the Legal Profession and Legal Aid (Scotland) Act 2007; to make provision about the Scottish legal services ombudsman; and for connected purposes.
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 […]
It is hereby declared that Bar Council of West Bengal has no power to call upon Advocates on its roll to cease work or to compel them not to attend Court and such a resolution will not be binding upon Advocates on its roll: CHC in 1995
A successful lawyer has always been held in high esteem not because he has succeeded in accumulating unlimited earnings but because of his knowledge wisdom and Court craft. His keen mind, brilliant […]
In the case of Supreme Court Bar Association Vs. Union of India and Another, , it has been held that professional misconduct may also amount to Contempt of Court (para 21). It […]
In the case of Supreme Court Bar Association Vs. Union of India and Another, it has been held that professional misconduct may also amount to Contempt of Court (para 21). It has […]
Aspects of Criminal Trial- Defending a Criminal Trial- Prosecuting a Criminal Trial- Malicious Prosecution- Handling a Murder Case- Handling a Rape Case- Prosecution of Economic Offences- The burden of Proof in Criminal […]