JAMIA MILLIA ISLAMIA

FACULTY OF LAW

CLINICAL COURSE-III
(PROFESSIONAL ETHICS, LAWYERING AND
BARBENCH
RELATIONS)

SUBMITTED TO:

Professor Asad Malik

SUBMITTED BY:

Md. Zeeshan Ali

B.A. LL.B. (Regular)

Roll No. - 38

Vth Year/ IX th Semester

Batch -2018-2023
Contents
ACKNOWLEDGEMENT.....................................................................................................................2

WHO IS AN ADVOCATE?..................................................................................................................4

Historical Background...........................................................................................................................4

Pre- Independence era in India..........................................................................................................4

Post-Independence era in India..............................................................................................................5

QUALIFICATION OF AN ADVOCATE.............................................................................................6

DISQUALIFICATION OF AN ADVOCATE......................................................................................9

CLASSIFICATION OF ADVOCATES..............................................................................................11

Conclusion...........................................................................................................................................16

ACKNOWLEDGEMENT
I, Zeeshan Ali of 9 semester, Faculty of law, Jamia Millia Islamia would thank my ever
th

helping and extra-ordinarily talented Professor Asad Malik who gave me this opportunity to
work on this assignment through which I learned about a lot of things which are probably
going to help in my future endeavors.

CONTENTS

1. INTRODUCTION
2.
 WHO IS AN ADVOCATE?

An advocate (also called attorney, counsel, or counselor) is a licensed professional who

advises and represents others in legal matters. Today’s advocate can be young or old,
male or female. Nearly one-third of all advocate are under thirty-five years old. Almost
half of the law students today are women, and women may ultimately be as numerous in
the profession as men.

OR
An Advocate is a person who argues for the cause of another person in front of any other
judicial authority. This could be a civil matter such as a contractual dispute between two
individuals, or a criminal matter where the State punishes those who commit crimes with
imprisonment etc. The majority of India’s legal professionals represent clients in courts
and other judicial bodies.
The Courts have observed that an advocate is under a commitment to maintain the
standard of law and guarantee that the open equity framework is empowered to work at
its maximum capacity. An advocate ought to be stately in his obligations towards the
court, to his kindred legal advisors and the disputants. He ought to loyally conduct
himself to the gauges of professional conduct and behavior recommended by the Bar
Council of India in Chapter II, Part VI of the Bar Council of India Rules.

Historical Background
Pre- Independence era in India
During the British era, India had specialists in law, but not the same level of professionals
who practiced before courts and tribunals in the modern world who could represent its
clients before the courts and tribunals.

The professional pattern that emerged during the late 19th century was a composite of
two main streams:

 The Royal or King’s Courts were in the various Presidency towns during the 17th
and 18th century. There was a dual profession involved in these courts with
Barristers following with Solicitors.
 The Company’s Court was one of the many courts established by the East India
Company during the 1850s. It was known for its civil servants and Vakils.

The system of courts which emerged after the 1890’s was dominated by multiple sources
for recruiting lawyers. Elite Indians who had undergone Law Training in India secured
admission to Law Schools in England, Scotland, and Ireland. They were joined by those
who had also studied in India. There was no hierarchy of courts in British India, but, in
most cases, a High Court was headed by a Province’s hierarchy. The appeal of the
Judgment would then go to the Privy Council in London.

Post-Independence era in India

After independence, the Constitution of India established a single, hierarchical system of
courts, with wide powers of judicial review. The Promoter’s Act was implemented on
May 19, 1961. It is a demonstration to merge the old law on the evaluation of experts and
the law on the appointment of specialists.

The main conventional qualifications that remain from the old framework are still
applicable to this collection of Advocates:

 Senior Lawyers can be appointed as Advocates by the Supreme Court or any other
High Court in the UK. They can also be given Silk Robes and Gowns.
 The Indian process is more selective in recognizing Senior Advocates. According
to the Bar Council of India, only 1% of all lawyers in the country are Senior
Advocates.

QUALIFICATION OF AN ADVOCATE
Advocate means an advocate entered in any roll under the provision of Advocate Act
1961. Chapter 3 of the Advocate Act, makes provision for the admission and enrolment
of Advocates. If a person fulfils the conditions required for admissions as an advocate, he
may be enrolled as an advocate by the State Bar Council. The Conditions to be fulfilled
for being enrolled as an Advocate have been stated in Section 24 of the Advocate Act are
as follows: 

Qualification for the Admission and the Enrolment as an Advocate:

 
A person shall be qualified to be admitted as an advocate on a State roll, if he fulfils the
following conditions -
1) He is a citizen of India, Provided that subject to the other provisions contained in this
Act, a national of any other country may be admitted as an advocate on a State roll, if
citizens of India, duly qualified, are permitted to practice law in that other country;

 2) He has completed the age of twenty-one years;

 3) He has obtained a degree in law —

                
                         (i) before the 12th day of March, 1967 from any University in the
territory of India; or             
                         (ii) before the 15th August, 1947, from any University in any area
which was comprised before that date within India as defined by the Government of
India Act, 1935; or
                 
                         (iii) after the 12th day of March, 1967, save as provided in sub-clause
(iiia), after undergoing a three year course of study in law from any University in
India which is recognized for the purposes of this Act by the Bar Council of India; or
                
                        (iiia) after undergoing a course of study in law, the duration of which
is not less than two academic years commencing from the academic year 1967-68 or
any earlier academic year from any University in India which is recognized for the
purposes of this Act by the Bar Council of India; or he is barrister and is called to the
Bar on or before the 31st day of December, 1976 or has passed the articled clerks
examination or any other examination specified by the High Court at Bombay or
Calcutta for enrolment as an attorney of that High Court or has obtained such other
foreign qualification in law as is recognized by the Bar Council of India for the
purpose of admission as an advocate under this Act.

                       (iv) In any other case, from any University outside the territory of
India, if the degree is recognized for the purposes of this Act by the Bar Council of
India or; he is barrister and is called to the Bar on or before the 31st day of
December, 1976 or has passed the articled clerks examination or any other
 examination specified by the High Court at Bombay or Calcutta for enrolment as an
attorney of that High Court; or has obtained such other foreign qualification in law as
is recognized by the Bar Council of India for the purpose of admission as an advocate
under this Act;

3) He fulfils such other conditions as may be specified in the rules made by the State
Bar Council under this Chapter;
  
4) He has paid, in respect of the enrolment, stamp duty, if any, chargeable under the
Indian Stamp Act, 1899 and prescribed enrolment fee payable to the State Bar
Council as prescribed. (Six hundred rupees and to the Bar Council of India, one
hundred and fifty rupees by way of a bank draft drawn in favour of that Council)
Provided that where such person is a member of the Schedule Castes or the Schedule
Tribes and produces a certificate to that effect from such authority as may be
prescribed, the enrolment fee payable by him to the State Bar Council shall be one
hundred rupees and to the Bar Council of India, twenty-five rupees.

2) Explanation —

              For the purposes of this sub-section, a person shall be deemed to have
obtained a degree in law from a University in India on that date on which the results
of the examination for that degree are published by the University on its notice board
or otherwise declaring him to have passed that examination.

            Section 24(2) of the Advocate Act, makes it clear that a vakil or a pleader
who is a law graduate] may be admitted as an advocate on a State roll, if he —

                    (a) makes an application for such enrolment in accordance with the
provisions of this Act, not later than two years from the appointed day, and

                   (b) fulfils the conditions specified in clauses (a), (b), (e) and (f) of sub-
section (1).

Section 24 (3) of Advocates Act makes it Clear that Notwithstanding anything

contained in sub-section (1) a person who—
                                      (a) has, for at least three years, been a vakil or pleader or a
mukhtar, or, was entitled at any time to be enrolled under any law as an advocate of a
High Court including a High Court of a former Part B State) or of a Court of Judicial
Commissioner in any Union territory; or
                                     (aa) before the 1st day of December, 1961, was entitled
otherwise than as an advocate to practice the profession of law (whether by of
pleading or acting or both) by virtue of the provision of any law, or who would have
been so entitled had he not been in public service on the said date; or
                                       (c) before the 1st day of April, 1937, has been an advocate of
any High Court in any area which was comprised within Burma as defined in the
Government of India Act, 1935; or

                                        (d) is entitled to be enrolled as an advocate under any rule

made by the Bar Council of India in this behalf, may be admitted as an advocate on a
State roll if he —
(i) makes an application for such enrolment in accordance with the provisions of this
Act; and
(ii) fulfils the conditions specified in clauses (a), (b), (e) and (f) of sub-section.

State Bar Council has a right to refuse to enrol person with LL.B Degree as an
Advocate. See case  Rd. Haniraj Chulani Vs. Bar Council of Maharashtra and
Goa In this case  In this case supreme court held that the rule made by the bar
council restricting the entry of person already carried on other profession is not
admitted and therefore not violate to the Article 14, 19(1) (g) and article 21 of the
constitution.
DISQUALIFICATION OF AN ADVOCATE
Section 24A which has been inserted by Advocate (Amendment) Act, 1973 lays down
the conditions under which a person shall be disqualified for being enrolled as a member
of the State  Bar Council.  Originally there were two grounds of Disqualification, 1) For
conviction of an offense under the Untouchability Act, 1955. and; 2) Conviction of an
offense involving moral turpitude. However, a third clause has been inserted by the
Amendment of 1993 that dismissal or removal from employment or office under the State
on any charge involving moral turpitude.  

The self-explanatory provisions of Section 24 A are as follows:

(1) No person shall be admitted as an advocate on a State roll —

(a) if he is convicted of an offence involving moral turpitude;

(b) if he is convicted of an offence under the provisions of the Untouchability (Offences)
Act, 1955

(c) if he is dismissed or removed from employment or office under the State on any
charge involving moral turpitude.

Explanation—

         In this clause, the expression “State” shall have the meaning assigned to it under
Article 12 of the Constitution:

            Provided that the disqualification for enrolment as aforesaid shall cease to have
effect after a period of two years has elapsed since his release or dismissal or, as the case
may be, removal.

(2) Nothing contained in sub-section (1) shall apply to a person who having been found
guilty is dealt with under the provisions of the Probation of Offenders Act, 1958.

         Apart from the above provisions of disqualification of an advocate the

Maharashtra and Goa Bar Council under Rule 1(1) denies simultaneous practice of
another profession along with the practice law.   

Case - Dr. Haniraj Chulani Vs. Bar Council of Maharashtra and Goa
CLASSIFICATION OF ADVOCATES

The Legal profession is the only profession where real practitioners are glorified with the
designation of Learned, which denotes their deep knowledge in all subjects. The word
learned has a very significant quality.

Sir Edward Abbot Parry, a British judge has stated that “It is the reason why
a lawyer should always have in mind the seven lamps of advocacy, which are:
Honesty, Courage, Industry, Wit, Etiquette, Judgment, and the lamp of
fellowship. The only profession that recognizes professionals as Gentlemen is
Legal Profession.”

An observer of India’s lawful scene rapidly ends up paying attention to a stratum of

legitimate hotshots that are both sought after and widely known, i.e., Advocates based at
the Supreme court and High courts. Senior Advocates, they are the most prominent and
eminent legal experts in India. Stories of their supernatural abilities of articulacy,
profound knowledge and contributions to the Rule of Law are often told around. They
cater to the country’s political and corporate elite, as well as its new rich.

A lawyer is a person who has been trained in the law and is licensed to practice
law. The profession of law has been called a noble profession. The calling of law is a
noble and honourable one. It needs to be maintained in view of its impeccable and
prominent nature. Therefore, the provisions of the Advocates Act and Rules should be
offered to those who are Advocates in their soul. Bar in the country to serve the reason
for equity is a respectable one.

An Advocate shall, at all times, comport himself in a manner befitting his or her status as
an officer of the court. The Bar Council has now put in place certain rules that will
restrict the number of senior Advocates allowed to practice. It has also laid down a
procedure for recognizing them as such.

According to the Advocates Act, Section 16 of the Act has classified Advocates into two
classes: the Senior Advocates and the Junior Advocates. There may be an intelligible
difference between the designation of an individual as an Advocate and the designation of
a special field. But the question here is – How does this classification help the Justice
Administration System?

Who is an Advocate?

An Advocate on Record or an AOR is a person who has passed a qualifying exam

conducted by the Supreme Court.
The examination is eligible for taking up by a Bar Council member who has been
enrolled with a bar council for at least five years and who has completed one year training
under an Advocate on record.

An AOR is a person who can only file a petition in the Supreme Court. This person also
handles all the procedural aspects of a case along with a registered clerk for assistance.
The AOR’s name is the one which is mentioned on the cause list. The AOR is held
responsible for the conduct of the case. If the Court issues any notices or correspondence,
the AOR is expected to respond to them.
Who is a senior Advocate?

A senior Advocate is an individual who has been designated by the Supreme Court or a
High Court. He or she cannot file a Vakalatnama, appear in court without another
attorney or Advocate on record, and can only accept an engagement to be in a case or
draft a plea.

Section 16 of The Advocates Act, 1961

According to Section 16 of Advocates Act, there are two classes of Advocates, which are
senior Advocates and others. Senior Advocates are recognized by the Supreme Court and
the High Court for their abilities and experience in law.

Senior Advocates may be subject to certain restrictions as per the Bar Council of India’s
regulations. An Advocate for the Supreme Court who was a senior Advocate before the
appointed day shall be considered to be a senior Advocate.

Any senior Advocate who desires to retire from the profession may apply before the end
of the year and the Bar Council may grant his request. Any senior Advocate who would
like to continue as a senior Advocate after the 31st of December of 1965, may apply to
the Bar Council for approval.

The rules of the Bar Council of India have been made applicable to the senior Advocates.
They are also notable for their exercise of their power under Section 49(1)(g) of the
Advocates Act. Whereas Chapter I of Part VI of the Rules of Bar Council of India states
the provisions related to senior Advocates.

The provisions of these rules are as follows:

A senior Advocate shall not act in any court or tribunal unless they have authority or have
the authority to do so – mentioned in Section 30 of the Act.

As stated in Section 30, to act means to file a pleading or an application in a Court or

Tribunal or to perform any other act other than pleading required by law to be done in
such courts or Tribunal. Any act or act other than pleading required by law to be done in a
court or Tribunal or before any other person or authority is permitted to be done on his or
her behalf. This rule also means that to act is not limited to pleading or application in any
court or tribunal.

The Rule under Section 30 further provides that a senior Advocate, who is a member of
the Supreme Court or any other Court or Tribunal, must not appear without an associate
or an Advocate under Part II of the State Roll in the place where the matter is heard.

Where a senior Advocate has already been engaged before the rules come into force,
he shall not continue unless another senior Advocate is engaged along with him. In
cases where a senior Advocate is already briefed to appear for the purposes of a criminal
case, he may continue to do so without any additional Advocate under Part II of State
Roll.

A senior Advocate shall not accept any instructions or advice on evidence or on pleadings
or affidavits in any kind of a Court or Tribunal or an authority as mentioned in Section 80
of the Act. This restriction shall not apply to any matter that is subject to consultation
with an Advocate in Part II of the State Roll. The rule also permits a senior Advocate to
make concessions or give advice on the instructions of his junior Advocates.

A senior attorney may in recognition of the services provided by an Advocate pay him a
fee that he considers reasonable. The rule states that a senior Advocate who acted as a
junior in a case cannot, after being designated as a senior Advocate, provide advice on
grounds of appeal or in the Supreme court except with an Advocate. It has also been
clarified that a senior Advocate may not accept any instructions or brief from a client to
appear in any kind of Court.

Senior Advocates and Other Advocates

A senior Advocate is someone who has experience and expertise in a particular

legal profession. This person is usually judged based on the age and professional
status of the profession. Whereas a junior lawyer doesn’t have much experience
in law and doesn’t have a lot of ideas on how to handle various situations.
 Conduct code of senior Advocates is different from that of other lawyers.
 People usually tend to see an older lawyer as having good practice and experience
while a fresh lawyer needs to learn many skills in order to be successful.
  The quality of a lawyer’s devotion and years of practice are the key factors. The
key to success is continuous and long-term commitment which can be seen in
senior lawyers. While a junior lawyer lacks this quality, a senior lawyer has the
necessary skills and experience to succeed.
 While senior Advocates are prohibited from doing certain type of legal work,
junior Advocates are not prohibited from doing so.
 Senior lawyers are appointed by the Supreme Court or High Court based on their
merit and seniority.
 This status can be given to an Advocate if the court believes that he has special
knowledge or skills in law.
A senior attorney is not permitted to appear without a junior associate or an
Advocate-on-record.
A senior can’t file a pleading or represent his client with his own handwriting.

However, this does not mean there is any kind special treatment given to certain
individuals or groups because that can violate the provisions in Article 14 of the
Constitution.

Features of Senior Advocates

Since a lawyer may be designated by the Supreme Court as a Senior Advocate there are
certain general features that are required or sought out in these personnel.

These features may be general or specific such as Collaboration (This shows the

capability to work well with diverse teams and individuals. It sets a collective
contribution for the client. The objective is to achieve the maximum output with the least
possible interference), Proper Time Management, Credibility, Confidence, Attention
to detail, Experience, Logical Thinking, Self-control, and Stability.
Conclusion
The duty of an Advocate is to help provide justice.
Advocate works as an instrument to get justice. He or she is also recognized as a Senior
Advocate based on skills and experience. The duties and privileges of an Advocate under
the rules and regulations of the Court are governed by a cardinal principle. It is the
primary position of an officer to the Court. The Advocate must not place himself or
herself in a position where he/she can no longer discharge his/her duties as a Minister of
Justice.

Section 16 of the Advocate Act, 1961 provides that the Court may appoint any senior
Advocate with his/her consent or ability or standing at Bar. As far as the senior Advocate
is concerned, the State Bar council of India has the authority to regulate it. The senior
Advocate is a person who has the authority to approve or deny any representation that the
court may give to him or her based on his or her ability, standing at Bar, or experience of
law.