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BM LAW COLLEGE

AFFILIATED TO JAI NARAYAN VYAS UNIVERSITY JODHPUR

APPROVED BY BAR COUNCIL OF INDIA

sEssIon 2021-22
B.A. LL.B. 7th SEMESTER

sUbjEct – PROFESSIONAL ETHICS, ADVOCACY FOR LAWYERS AND BAR- BENCH

RELATIONS, PUBLIC INTEREST LAWERING, LEGAL AID AND PARA LEGAL SERVICES

TOPIC – Right and privilege of advocate

SUbMIttEd TO SUbMIttEd BY

DR. Reetu Modi SUKHDEV RAJPUROHIT

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ACKNOWLEDGEMENT

I would like to express my special thanks of gratitude to my

teacher (mr. Reetu modi) as well as our principal who
gave me the golden opportunity to do this wonderful project
on the topic (. Right and privilege of advocate), which also helped
me in doing a lot of Research and i came to know about so
many new things I am really thankful tothem.

Secondly i would also like to thank my parents and friends

who helped me a lot in finalizing this project within the
limited time frame.
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CERTIFICATE

This is to certify that this project has been made by Sukhdev

rajpurohit of B.A LL.B. [7TH semester].
Under my guidance and have been completed successfully.

Mr. Reetu modi

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INDEX PAGE.NO.

RIGHTS AND PRIVILEGES OF ADVOCATES

Introduction

Who is an advocate

Right of advocate
 Right to Practice
 Right to freedom of speech and expression
 Right of pre-audience
 Right of fees:
 Right to enter in any court

Privileges of advocate
*Exemption from arrest
* Privilege related to Vakalatnama:
* Privilege to review parliamentary bill for remuneration
* Privilege of meeting accused in jail:
*Privilege of securing the privacy of the communication made with client:

Conclusion
Reference
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RIGHTS AND PRIVILEGES OF ADVOCATES

Introduction

Advocates are the pillars of the legal system in India. An individual can
not reach any Court in India without an advocate. If there any
infringement of fundamental rights of an individual, then the advocate
fight and speak on behalf of him in the court of law. Advocates are
protectors of the law and legal rights of every Indian citizen. But do
their rights protected, really?

Yes, their rights are protected mainly by the Advocates Act of 1961 and
some other acts. These acts make sure that the advocates don’t face
any kind of deprivation or obstruction while practicing advocacy.

Who is an Advocate?

As per the Oxford Dictionary, an Advocate means a person who

publicly supports or recommends or a person who puts a case on
someone else’s behalf. An advocate is a person who has a degree of
Law and practicing in court and handles all legal matters on behalf of
his client. And Advocate has enrolled in the Bar Council of India.

As per Section 2 (a) of the Advocates Act of 1961, ‘advocate’ means an

advocate entered in any under the provision of this act. Before this
Act, there were different classes of legal practitioners under the Legal
Practitioners Act. They were Advocates, lawyers, vakeels, etc. The
Advocates Act, 1961 has abolished these classes and has recognized
only one class of Advocates.

Rights of Advocates:
Various laws have been enacted to protect the rights of advocates.
Provisions for rights and privileges are provided in three acts- (a) The
Constitution of India 1949, (b) Advocates Act 1961, (c) Legal
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Practitioner Act 1879.

The rights of advocates in India are as below-

1. Right to Practice:
As per section 30 of the Advocates Act of 1961, every advocate whose
name is enrolled in Bar Council of India has the right to practice
advocacy in any court of law in India.

2. Right to freedom of speech and expression:

The advocate’s duty is to do advocacy on behalf of his client in the
court of law. So according to article 19 of the Constitution of India,
every advocate of India has the right to freedom of speech and
expression like other citizens.

3. Right of pre-audience:
Another right of an advocate is the right of pre-audience. Which
means right to be heard before others according to rank and position.
An advocate can represent his clients and no one (below his position)
can stop him. When he speaks on behalf of his client during the court
proceedings until he does any kind of contempt of court.

Section 23 of the Advocates Act of 1961 provides the right of pre-

audience to some authorities on the basis of their seniority. It is
provided to the Attorney general, Solicitor General, Additional Solicitor
General, Advocate General, and Senior Advocates according to rank
and seniority.

4. Right of fees:
Under Rule 11 of Chapter 2 of part VI of Bar Council of India Rules,
Advocate has a right to get fees. When an advocate presents or
represents his client in the court of law and handles his legal matters in
court. Then the advocate has a right to get reasonable fees. This is one
of the rights of advocates in India.
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5. Right to enter in any court:

An advocate can enter the court and sit on any of the seats to observe
the proceedings whether he has a case or not. As, section 30 of
Advocates Act of 1961 provides that all advocates who enrolled their
name Bar Council of India can practice in any court or tribunal in India.

Privileges of Advocates:

1. Exemption from arrest:

As per section 135(2) of Civil Procedure Code of 1908, an advocate
cannot be arrested in civil cases while going or attending to the court
and returning from the court, or during the proceedings before a
Court. However, the privilege is not applicable in criminal cases or
contempt of court.

2. Privilege related to Vakalatnama:

When a client signs a Vakalatnama in the name of an advocate then
the advocate is entitled to represent his client in that particular case.
No other advocate can not represent the case without his consent or
permission. It is an exclusive privilege for an advocate.

3. Privilege to review parliamentary bill for remuneration:

Advocates have the privilege to review parliamentary bills, and they
can also give suggestions for amendments.

4. Privilege of meeting accused in jail:

It is a special immunity to an advocate that gives the privilege to meet
his client who is in jail. There is no restriction for meeting with clients
in jail. This is one of the privileges of Advocates in India.

5. Privilege of securing the privacy of the communication

made with client:
As per section 126 of the Indian Evidence Act 1872, communication
made between advocate and client for professional purposes cannot
be disclosed.
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Conclusion:

Conclusively it is true to say that the profession of advocacy has

various rights as well as advantages. Above mentioned acts provide
various rights and privileges to all the advocates. They are the
protectors of law in India so that they shall not be deprived of their
rights. However, the privilege and rights should not be misused by the
advocates or legal practitioners. If an advocate misused his power and
rights intentionally, then he can be liable for punishment.
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REFERENCE

Bare act of advocate act 1961

Advocate act 1961 9th edition Sanjiva Row

Webliography

https://www.thetidding.com/rights-of-advocates/

https://lawwallet.in/rights-and-privileges-every-advocate-
should-be-aware-of/