Unit 1

What is the Legal Profession?

The legal profession is one of society‘s oldest and most esteemed professions. Those engaged in the legal
profession are commonly known as advocates or lawyers. As officers of justice and friends of the court,
advocates play a crucial role in the administration of justice. They are responsible for representing individuals
seeking legal assistance and providing zealous advocacy on their behalf.

The duties of an advocate are multifaceted and encompass various aspects of legal practice. When representing
a client, an advocate must diligently collect and analyse legal material relevant to the case. This involves
conducting thorough research, studying statutes, precedents and legal doctrines and examining the facts and
evidence related to the matter. Armed with a comprehensive understanding of the case, the advocate proceeds
to argue and present the client‘s position before the courts, aiding the judges in arriving at just and fair
judgments.

Historical Development of Legal Profession in India

Legal Profession in Ancient India
In ancient India, the concept of a specialised legal profession had not yet taken shape. Instead, justice was
dispensed by tribal leaders or kings who wise courtiers and religious heads advised. These sages, known for
their wisdom, resolved disputes and delivered judgments based on Hindu religious tenets and customs. There
were no lawyers as we understand them today, but rather respected individuals who acted as mediators and
counsellors.

Legal Profession in Medieval India

The medieval period saw the emergence of the legal profession as parties in litigation appointed vakils
(representatives) to present their cases in court. However, these vakils functioned more as agents for the parties
rather than lawyers in the modern sense. They were paid a percentage of the amount in the suit as their fees.
The legal profession at this time lacked organisation and a structured framework.

Legal Profession in British India

During the British colonial period in India, the legal system underwent several significant developments that
laid the groundwork for the organised legal profession we recognise today. This article explores the key
charters, acts and regulations that shaped the evolution of the legal profession during British India.

Charter of 1726 and Charter of 1753

The British Crown issued the Charter of 1726, establishing Mayor‘s Courts in the major towns of Bombay,
Calcutta and Madras. These courts functioned as royal courts and followed the English legal procedures for
civil suits. However, no provisions for legal training led to untrained individuals practising law before these
courts.

In 1753, another charter modified the provisions of the Charter of 1726. Unfortunately, neither charter
addressed the need for legal training or education for legal practitioners, resulting in an unorganised legal
profession.
Charter of 1774 and the Bengal Regulation Act of 1793
1773 the Regulating Act empowered the British Crown to establish a Supreme Court at Calcutta.
Subsequently, the Charter of 1774 established the Supreme Court of Judicature in Calcutta. This court had the
power to approve and enrol advocates and attorneys-in-law, who were authorised to appear and act before the
court. However, Indian legal practitioners were not allowed to practice in the Supreme Court at that time.

The Bengal Regulation Act of 1793 allowed qualified Hindu and Muslim individuals to enrol as leaders in the
Sardar Diwani Adalat, the highest civil court under the British administration. This marked a significant step
toward involving Indian legal professionals in the legal system.

Legal Practitioners Act of 1846 and 1853

The Legal Practitioners Act of 1846 expanded the scope of legal practice by permitting people of any
nationality or religion to act as pleaders. It also allowed attorneys and barristers enrolled in any of Her
Majesty‘s courts in India to plead in the Sardar Adalat. This Act paved the way for more diverse legal
representation in the courts.

The Legal Practitioners Act of 1853 further empowered barristers and attorneys from the Supreme Court to
plead in any of the company‘s subordinate courts, subject to the rules in force in those subordinate courts.

Indian High Court Act of 1861

The Indian High Court Act of 1861 authorised the government to establish High Courts in Presidency towns.
These High Courts became pivotal institutions in the Indian legal system, providing a more organised and
structured platform for legal proceedings.

Legal Practitioners Act of 1879

The Legal Practitioners Act of 1879 brought about crucial changes in the definition and scope of legal
practitioners. It included the terms ―Advocate,‖ ―Vakil,‖ ―Attorney,‖ ―Pleader,‖ ―Mukhtar,‖ and ―Revenue
Agent.‖ Vakils were individuals who held law degrees from Indian Universities, while pleaders and mukhtars
were Indian lawyers. This Act aimed to regulate the profession and improve the qualifications and conduct of
legal practitioners.

Indian Bar Committee of 1923 and Indian Bar Council Act of 1926
The Indian Bar Committee, chaired by Sir Edward Chaminer in 1923, explored the organisation of the bar on
an All-India basis. However, the committee did not favour an All India Bar Council, suggesting that separate
bar councils be constituted for each High Court.

As a result, the Indian Bar Council Act of 1926 was enacted, establishing Bar Councils for each High Court.
The distinction between barristers and advocates was abolished, allowing non-barrister advocates to practice in
High Courts. While the Act was a significant step towards organising the legal profession, the High Court still
retained the power of enrollment of advocates and had control over the functions of the Bar Council.

Legal Profession in India After Independence

After gaining independence, India embarked on a journey to reform and modernise various sectors, including
the legal profession. The legal profession in India saw a significant transformation with the enactment of the
Advocates Act of 1961. This landmark legislation aimed to bring about utility and dignity in the legal
profession on an All-India basis. Let‘s delve into the key provisions and impact of the Advocates Act of 1961.

Formation of All India Bar Committee and Recommendations

In 1951, the All India Bar Committee, under the chairmanship of Justice S.R. Das, was formed to review the
legal profession‘s state and propose reforms. The committee submitted a report recommending the
establishment of All India Bar Councils and State Bar Councils. These bodies would have the power of
enrollment, suspension or removal of advocates, thus ensuring uniform standards and discipline in the legal
profession.

The committee proposed maintaining a common roll of advocates authorised to practice in all courts across the
country. It also advocated against further recruitment of non-graduated pleaders or mukhtars, aiming to elevate
the qualifications and professionalism of legal practitioners.

Enactment of the Advocates Act, 1961

Taking into account the recommendations of the All India Bar Committee, the central government enacted the
Advocates Act in 1961. This legislation aimed to amend and consolidate laws relating to legal practitioners,
bringing revolutionary changes to the legal profession in India.

Impact and Amendments

The Advocates Act of 1961 brought about a profound impact on the legal profession in India. It established a
cohesive and organised system of legal practitioners, emphasising professional ethics and discipline. The Act
provided a platform for advocates to practice in any court across the country, promoting legal mobility and
accessibility to justice.

Since its enactment, the Advocates Act has been amended several times to address changing times and
practical challenges. These amendments aimed to ensure the Act‘s relevance and efficacy in a rapidly evolving
legal landscape.

Rights of Advocate
Right of practice
The expression ‗right to practice‘, in context of the legal profession refers to the exclusive right of persons
enrolled as advocates to engage in practice of law before courts and tribunals. In Re. Lily Isabel Thomas
1964CriLJ724 the Supreme Court equated ―right to practice‖ with ―entitlement to practice‖. This right enjoys
protection at two levels:

General protection – Article 19(1)(g) of the Constitution of India protects the right of individuals to practice
professions of their choice. As members of the legal profession, advocates partake in this right along with
members of other trades, occupations and professions.

Specific Protection – Section 30 of the Advocates Act, 1961 confers on persons whose name is enrolled in the
registers of State Bar Councils the right to practice before any court or tribunal in India including the Supreme
Court. This section has been recently made effective through a notification issued by the Central Government.

Section 29 of the Advocates Act makes the right of practice an exclusive right and precludes all persons other
than advocates from practicing law.
Rights of Advocate to Pre-audience
Advocates in India have the right to pre-audience, which means the right to access and inspect the records,
documents, and proceedings of a case before it is taken up for a hearing in court. This right allows advocates to
prepare their cases thoroughly, understand the facts and legal issues involved, and effectively represent their
clients.

The right to pre-audience is essential for advocates to provide competent legal representation and ensure that
their client‘s interests are adequately safeguarded. This right is recognised by various provisions of the
Advocates Act, 1961, and the rules of procedure of the courts, which provide advocates with the opportunity to
examine the case records and gather relevant information before presenting their arguments in court.

Right to Freedom of Speech and Expression

Though ―right to freedom of speech and expression‖ enshrined under part III and Article 19 (1)(a) of the Indian
Constitution, is not specific to lawyers and advocates only but rather applied to all citizens of India in the same
manner as it is applicable to advocates. However, as the advocates play a crucial role while pleading or
advocating the rights and interests of their clients, the right to freedom of speech and expression gives
confidence and apt to perform their duty efficiently. They can suggest, comment, give opinion, and criticize in
reference to the matter related to their case in particular and related to respective laws and case laws in general.

Rights of Advocate Against Arrest

Advocates have the right against arbitrary arrest or detention while performing their professional duties. This
right ensures that advocates can freely and fearlessly represent their clients without any hindrance or
intimidation.

The Advocates Act, 1961, specifically provides for this right under Section 32, which states that no advocate
shall be arrested or detained in any civil or criminal case while going to or attending a court, or while returning
from a court. However, this right is subject to certain exceptions, such as when an advocate is reasonably
suspected of committing a cognisable offence, or when an arrest warrant is issued against the advocate by a
competent court.

Rights of Advocate Meet with Accused

Advocates can meet and consult with their clients, including accused persons, in private, without any
interference or monitoring. This right is essential for advocates to effectively represent their clients and provide
legal advice and assistance.

The right to meet with accused persons in private is recognised by various provisions of the Advocates Act,
1961, and the rules of procedure of the courts. Advocates can meet their clients in police custody or in jail, and
have the right to discuss the case, gather information, and prepare the defence strategy in confidence.

This right ensures that advocates can uphold the principles of attorney-client privilege and maintain the
confidentiality of their communication with their clients.

Right to Take Fee

Advocates have the right to receive reasonable fees for the professional services rendered to their clients. This
right ensures that advocates can earn a livelihood from their practice and sustain their profession.
The Advocates Act, 1961, and the rules of professional conduct for advocates, recognise this right and provide
guidelines for determining fees and the mode of their recovery. Advocates are entitled to charge fees based on
their professional expertise, experience, and the nature of the case, and are duty-bound to be transparent and
fair in their fee agreements with their clients. Advocates also have the right to sue their clients for their unpaid
fees, subject to the rules of professional conduct and the applicable laws.

Rights of Advocate to Refuse a Case

Advocates have the right to refuse to accept a case if they have sufficient reasons to believe that the case is
against their professional ethics or principles, or if they have a conflict of interest. This right ensures that
advocates can maintain their independence and integrity, and avoid any compromise on their professional
duties towards the court and their clients.

The Advocates Act, 1961, and the rules of professional conduct for advocates, recognise this right and provide
guidelines for advocates to refuse a case. Advocates are not bound to accept every case that comes their way,
and they have the right to decline representation if they have valid reasons to do so.

right to Maintain Client‘s Confidentiality

The "Right to Reserve Client‘s Confidentiality" is an imperative and ethical principle that safeguards the
privacy and build trust between advocates and their clients. This right ensures clients that the information
shared by them with their advocate remains confidential and protected. Advocates are bound by professional
and ethical duty not to disclose any confidential information without the client's consent. It develops an
environment of trust essential for effective legal representation. Likewise, the "Right to Client Confidentiality"
is foundational in maintaining the integrity of the attorney-client relationship, promoting open communication,
and upholding the ethical standards within the legal profession.

Right to Participate in Bar Associations

The "Right to Participate in Bar Associations" upholds the advocate's entitlement to engage actively in legal
communities and professional organizations, such as Bar Associations. Advocates have the right as well as
mandatory to join these associations, where they can collaborate, share knowledge, and collectively address
matters concerning the legal profession. This right promotes professional solidarity, facilitates networking, and
allows advocates to contribute to the development and improvement of legal practices.

Right to Legal Representation and Defend their Clients

The ―Right to Legal Representation and Defending Clients‖ is another noticeable right that defines one of the
most essential roles of advocates. This right involves the client‘s freedom to represented by an advocate of
their choice during the legal proceedings and advocates has the right to defend their clients freely and
diligently. This right ensures the fair trial and access to justice and hence fundamental to the adversarial legal
system.

Privileges of Advocates
Advocates in India have some privileges as well that they enjoy during the course of their legal practice −

Legal Immunity − Advocates do have some specified immunities from legal actions for statements made
during court proceedings to ensure they can represent their clients strongly.
Exemption from Arrest − All the advocates are exempted from arrest under civil process, specifically while
going to the court or during the court procedure or while returning from the court as provided under Section
135 of the Civil Procedure Code.

Privilege to Put Advocate‘s Symbolic Sticker on their Vehicles − All advocates have the privilege to put
advocate‘s sticker on their vehicles. This sticker provides immunity and preference to some extent in terms of
parking in the court‘s premises, unnecessary road-side inquiry, etc.

Salient Features of Advocates Act 1961

Salient Features of Advocates Act 1961 – The Advocates Act of 1961 is a landmark legislation that governs
the legal profession in India.

Introduction:
The Advocates Act of 1961 is a landmark legislation that governs the legal profession in India. Enacted with
the aim of unifying and regulating the legal profession, this Act has played a crucial role in shaping the legal
landscape of the country. It established the Bar Council of India as the apex regulatory body for advocates and
introduced various provisions to safeguard the interests of both lawyers and clients. In this article, we will
delve into the salient features of the Advocates Act, 1961 and explore how it has empowered the legal
profession.

Salient Features of Advocates Act 1961

Establishment of Bar Council of India (BCI):

One of the key provisions of the Advocates Act, 1961 is the establishment of the Bar Council of India. The
BCI serves as the regulatory authority for advocates in India and is responsible for maintaining professional
standards, promoting legal education, and safeguarding the rights and interests of advocates. It exercises
disciplinary control over advocates and ensures ethical conduct within the legal profession.

State Bar Councils:

The Act also provides for the establishment of State Bar Councils in each state of India. These bodies are
responsible for regulating the legal profession within their respective jurisdictions and are affiliated with the
Bar Council of India. State Bar Councils play a crucial role in enrollment of advocates, maintaining a roll of
advocates, and conducting disciplinary proceedings against errant advocates.

Advocates‘ Enrollment:
The Advocates Act, 1961 lays down the procedure for the enrollment of advocates. It provides for a unified
process of enrollment, whereby advocates are enrolled with the State Bar Councils. The Act sets certain
eligibility criteria, including educational qualifications and a mandatory qualifying examination, ensuring that
only qualified individuals are admitted to the legal profession. This provision ensures a minimum standard of
competence among advocates and protects the interests of clients.

Advocates Act 1961

Standards of Professional Conduct:

The Act enshrines the standards of professional conduct that advocates must adhere to. It defines the duties and
responsibilities of advocates, emphasizing their commitment to the administration of justice and the client‘s
interests. Advocates are required to maintain the dignity of the profession and not engage in any conduct that
may compromise their professional integrity. This provision ensures that advocates uphold the highest ethical
standards while representing their clients.

Disciplinary Proceedings:

The Advocates Act, 1961 provides for disciplinary proceedings against advocates who breach the standards of
professional conduct. The Act empowers the Bar Councils to take disciplinary action, ranging from issuing
warnings and reprimands to suspending or removing an advocate from the roll. This provision ensures
accountability within the legal profession and protects clients from unethical or incompetent advocates.

Seven Lamps of Advocacy

Honesty
Lawyers are often labelled as liars, but honesty is a crucial quality for a legal professional. They have a
fiduciary duty to act in their client‘s best interests and this honesty should reflect in every aspect of their work.

Honesty and straightforwardness entail not relying on deceit, dishonesty, cheating or any other unethical or
criminal behaviour. Professional misconduct can harm their growth, so lawyers should be pioneers of justice,
providing proper legal guidance to their clients.

Courage
The nexus between courage and honesty is irrefutable. Refined legal knowledge, skills and truthfulness
enhance the ability to remain fearless under pressure and pain. Courage is a defined quality of great lawyers
attributable to eloquent speech, persuasive writing and critical thinking. They combine extraordinary work
ethics with compassion and this quality is necessary to be an expert in the field. Lawyers should not back down
from dissenting actions out of fear or danger and should uphold their clients in front of the bench.

Wit
Wit denotes the capacity to think clearly and express thoughts concisely and cleverly. Wit is one of the seven
lamps of advocacy. It is the keen perception of connections between ideas that awaken amusement and
pleasure. Wit lightens the darkness of advocacy and it is an essential quality for advocates to possess.

Quick-wittedness is crucial in court as a planned and prepared speech will not help an advocate. It is pertinent
to note that law is often compared to a spider web because it entangles and holds the poor and weak, while the
rich and powerful break through them easily. An advocate must possess sufficient wit to bridge this gap.

Industry
Industry recommends that advocates excel at all the required skill sets to sustain or succeed in the field of law.
Law is not static but dynamic, evolving with the needs of society and adapting to the changing status quo.

Pursuant to this, an advocate should update themselves in compliance with the adage ―There is no alternative
to hard work.‖ Law is like a language that develops with the life of people and as such, it grows and
strengthens with the people. Thus, if the law gets amended in compliance with societal needs, lawyers should
also be acquainted with the latest law.

Eloquence
Eloquence is the art of speaking and plays a pivotal role in assessing the abilities of an advocate and
determining their career success rate. An eloquent speech holds a long-lasting effect on the bench, clients and
listeners. Eloquence is one of the seven lamps of advocacy.

Eloquence is not about delivering grandiloquent speeches that sound better than reality, but rather error-free
fluent communication that has a persuasive effect. Fluency of speech can be developed through acquired
knowledge and constant practice. To bring off this skill, one must notice other parties‘ faults, have a presence
of mind and be efficient in argumentation with justification.

Legal Judgement
The most important quality that an advocate should possess is a legal judgement. This skill involves the ability
to analyse and evaluate the strengths and weaknesses of a case, anticipate potential counterarguments and
identify the turning points of the case.

The legal judgement also entails the responsibility of informing clients of the true legal status of their case and
making the best decisions based on all possible contingencies.

Professional Fellowship
While advocates may represent opposing sides in a legal dispute, they should not allow their professional
differences to hinder their ability to maintain a cordial and respectful relationship.

As a result, bar associations require advocates to obtain membership to encourage professional fellowship and
facilitate positive relationships among legal professionals.

Hence, professional fellowship is also one of the seven lamps of advocacy.

5 Elements of Successful Advocacy

1. ATTITUDE AND EMOTIONS

 Don‘t
yell. Drop your voice when you feel anger.
 If the
other party seems to be acting in good faith, respond in-kind.
 Focus
on how to get your partner(s) to do what you think they need to do.
 Never
threaten anything you are not fully prepared to carry out successfully.
 Imagi
ne yourself as the advocate for someone else‘s child.

2. FLEXIBILITY
 Keep
an open mind
 Locki
ng down invites resistance.
 Dialo
gue invites creativity.
 ―Mod
el‖ what partnership looks like.
 You
can set a time limit on trying new ideas and then review for success.
 Ask
the student what he or she thinks may work.

3. DETERMINATION
 Flexib
ility in HOW a problem gets solved is not the same as WHETHER it gets solved.
 Not
everything is worth going to war on.
 Ask:
is this my issue or my child‘s?
 What
if you hear: ―We‘d love to but we don‘t have that service‖? Response: ―Then WE agree then that the service is
needed. Tell me how we are going to go about getting it.‖

4. CREATING A PAPER TRAIL

 Even
if you remember what people said, you need to be able to PROVE it.
 Maint
ain records, letters, correspondence, and notes written at the time events occurred that show what transpired.
 Get
organized. Create a workable filing system—one you can keep up.
 Best
Practice: You may never need it, but paper provides evidence if needed.
 Docu
ment (IN WRITING): important things that happened, requests to the district, your responses and district
responses phone calls and replies.
 Send
a positive, reasonable, factual written note summarizing phone calls and that creates a record of what
transpired.
 Demo
nstrate: 1) appreciation 2) reason for call 3) disability-related 4) a history of problem

5. KNOWLEDGE
 Help
educators understand your child‘s disability.
 Keep
it SHORT. Keep it SIMPLE.
 Create
an outline that includes symptoms and the strategies that work.
 Includ
e your expert to help you.
 ASK:
what will we do to support the team‘s understanding so that my child‘s needs are met?
 Learn
about rights and responsibilities in the law: Study. Attend workshops. Use good books.
 Call
your local Parent Training and Information Center (409.898.4684) for assistance and resources.

Meaning of Professional Ethics

Professional Ethics refers to a collection of guidelines that an aspiring lawyer must adhere to. These guidelines
govern the behaviour and actions of practising lawyers, encompassing their interactions with themselves,
clients, opposing parties and the court.

Ethics generally pertains to the moral principles that should serve as standards for a lawyer‘s conduct.
Professional Ethics serves as a foundation for any profession, embodying the fundamental values upon which
the legal profession is constructed.

The Role of Professional Ethics in Law

Professional ethics play a crucial role in the legal profession in India, serving as the bedrock for upholding the
rule of law and justice.

Upholding the rule of law and justice

Professional ethics ensure that lawyers and advocates adhere to legal principles and procedures, thereby
preserving the justice system‘s integrity. Legal professionals contribute to a just and orderly society by
upholding the rule of law.

Maintaining public trust and confidence

Professional ethics are essential for maintaining public trust in the legal profession. When lawyers and
advocates conduct themselves ethically, the public‘s confidence in the legal system is reinforced. This trust is
vital for the effective functioning of the legal system in India.

Ensuring fairness and impartiality

Professional ethics require legal professionals to provide fair and impartial representation to their clients. By
upholding ethical standards, lawyers ensure that justice is not only served but also perceived as fair and
unbiased.

Fostering integrity and accountability

Professional ethics promote integrity and accountability within the legal profession. Lawyers are expected to
act honestly, ethically and with the utmost integrity in all their professional dealings. Adherence to ethical
standards fosters a sense of responsibility and accountability, enhancing the legal profession‘s reputation.

Key Principles of Professional Ethics in Law

Several core principles form the foundation of professional ethics in law in India. Confidentiality and attorney-
client privilege are fundamental, ensuring clients can trust their lawyers with sensitive information.
Competence and diligent representation require lawyers to maintain a high standard of knowledge and skill to
serve their clients effectively.
Avoiding conflicts of interest is crucial to safeguard the integrity of the legal process. Honesty and truthfulness
are essential for maintaining the credibility of lawyers. Professional courtesy and respect promote a healthy
and dignified work environment. Pro Bono service and access to justice highlight the responsibility of lawyers
to provide legal assistance to those in need.

Challenges in Maintaining Professional Ethics in Law

While professional ethics provide a guiding framework, lawyers in India face various challenges in upholding
them. The pressure to win at all costs can sometimes tempt lawyers to compromise ethical standards.

Balancing client advocacy with ethical obligations can present ethical dilemmas. Dealing with difficult clients
and unethical colleagues poses challenges that require ethical fortitude. The advent of technology and social
media also introduces new ethical considerations that lawyers must navigate.

Ethical Dilemmas in the Legal Profession

The legal profession is not immune to ethical dilemmas. Confidentiality versus duty to disclose arises when
lawyers must weigh their duty to protect client information against the greater public interest.

The tension between zealous advocacy and fairness can challenge the ethical boundaries of lawyers. Conflicts
of interest and dual representation raise questions about loyalty and impartiality. Additionally, handling client
dishonesty requires lawyers to tread carefully while maintaining ethical standards.

Consequences of Ethical Violations

Ethical violations in the legal profession can have severe consequences. Disciplinary actions and professional
sanctions may be imposed by regulatory bodies, resulting in a tarnished professional reputation. Moreover,
ethical violations can lead to losing the trust of clients, colleagues and the public. Legal and financial
consequences can also arise from professional misconduct.

Promoting and Upholding Professional Ethics

Several measures must be taken to ensure adherence to professional ethics in India. Continuing legal education
and ethical training are imperative to keep lawyers updated on ethical standards and emerging challenges.
Ethical guidelines and codes of conduct provide a framework for ethical behaviour.

Professional associations and bar organisations are crucial in promoting ethical conduct and providing
guidance. Mentorship and ethical leadership contribute to cultivating ethical values among legal professionals.

Code of Professional Responsibility

The principles and guidelines that govern professional responsibility in the legal field consist of three
interrelated components: canons, ethical considerations and disciplinary rules.

Canons

Canons are generally accepted rules, standards or principles by which something is judged. In the context of
professional ethics in law, canons outline the obligations and responsibilities of lawyers. These canons include
upholding the Constitution, obeying the laws of the land and promoting respect for the legal system. Lawyers
are expected to refrain from engaging in dishonest, immoral, unlawful and deceitful conduct.

Ethical Considerations
Ethical considerations encompass values and principles that determine what is considered morally right or
wrong within the legal profession. In the legal context, ethical considerations involve confidentiality, informed
consent, anonymity, prevention of harm, voluntary participation and access to relevant information.

Disciplinary Rules

Disciplinary rules are mandatory regulations that define the minimum standards of professional conduct
required to avoid disciplinary action. These rules are designed to promote fairness and consistency in the
treatment of individuals. They provide guidelines for the ethical behaviour expected from lawyers.

Code of Conduct Prescribed for Advocates

The Advocates Act of 1961 is legislation aimed at amending and consolidating laws about legal practitioners in
India. It provides guidelines for the establishment of Bar Councils and the All-India Bar. The Act is a revised
version of the Indian Bar Council Act of 1926 and outlines various duties and responsibilities for advocates,
including:

Prohibition of Advertising and Soliciting Work: Advocates are prohibited from engaging in advertising or
soliciting work.

Prohibition of Demanding Fees for Training: Advocates cannot demand fees for providing training.

Consent for Entering Appearance: Advocates must obtain the consent of an already engaged advocate before
entering an appearance in a case.

Prohibition of Unauthorised Use of Name or Services: Advocates are not permitted to use their name or
services for unauthorised practices.

Chapter II, Part IV of the Bar Council of India contains rules regarding professional standards that advocates
must adhere to, as specified under Section 49(1)(c) of the Advocates Act, 1961.

The Act prescribes rules regarding the duties of advocates towards the court, clients, opponents and fellow
advocates along with the rights of advocates. These rules encompass a range of conduct that advocates must
follow. Some of the key rules include:

Ethical duties of an Advocate towards the Court

Respecting the Court

An Advocate at all points of time should respect the Court as that is essential to his practice of the legal
profession. An Advocate has to bear in mind the dignity and the respect he should have towards the Judicial
office as it is very important for the survival of a free community.

Act in a dignified manner

An Advocate should always conduct himself with self-respect and in a dignified manner. He should always be
well dressed in the uniform of the Court and whenever the need arises that a Judicial Officer is wrong, the
Advocate can complain against him to the proper authorities.

Not take clients who insist on using wrongful means

Any client who insists on using unfair means is an obstruction to justice and the against the dignity the Judicial
office holds. An Advocate should not entertain clients who do not wish for justice but wish for their winning.
Refuse to appear for his own relatives or relations of the bench

An Advocate should not appear for his relatives as then he is not fighting to provide justice but to help his
relative gain a win. An Advocate should also not appear before the bench with a client who is known to the
bench as this makes the decision biased and is considered an obstruction of justice.

Not to wear the bands or gown in public places

An Advocate should not wear bands or his gown outside the court establishment other than when required in a
ceremonial occasion or in places where the Bar Council of India prescribes.

Should not represent establishments he has interest in

An Advocate should not represent any establishment such as corporations that he is involved in management
of, but this rule does not apply to a member appearing as ―Amicus Curiae‖ on behalf of a Bar Council.

Should not appear for matters in which he has pecuniary interest in

An Advocate shall not appear before the Bench in any matter he has financial interest in. For example, he
should not appear for a bankrupt person when he himself is the creditor of that person.

Ethical Duties of an Advocate towards his client

An Advocate shall never appear for the opposite party in the due course of the proceedings.

Always accept briefs and not withdraw from service

An Advocates shall always accept the briefs of cases that come his way and should levy fee according to fee
levied by his fellow advocates of his standing at the Bar and the nature of the case.

Only special circumstances can justify his refusal of a brief. Once the brief has been accepted by any
Advocate, he shall not withdraw from serving the client. He should withdraw only if he has sufficient cause
and shall refund any fee that has been taken in advance.

Shall not appear in matters where he himself is a witness

An Advocate should not accept a brief if he himself is a witness in that case. How will he know that? He
should have reason to believe that he might be a witness in the case and should automatically retire from the
case to not jeopardize the clients‘ interests.

Full disclosure to the client

An Advocate shall make full disclosure of the facts and the due course of action to be undertaken by the
Advocate in the proceedings of the Court. Not only this, but he should also make full disclosure to his client
about his relationship with the other party and then leave the judgement of availing the Advocate‘s service up
to the client.

Always uphold the best interests of the client

An Advocate shall always have the best interests of the client in his heart and shall do so without any regard to
unpleasant consequences to himself.

Not suppress any material evidence

An Advocate appearing as the Prosecutor in a criminal trial shall conduct the proceedings in a way that it
should not lead to conviction of the innocent by not suppressing the material evidence to a criminal trial.

Communications between client and Advocate shall not be disclosed at any point of time. They are subject to
Attorney Client Privileges.

An Advocate shall not work on any other person‘s instructions who is not his client.

Not charge fee according to the success

An Advocate shall not charge fee according to the success of the matter and also not as the percentage of
amount or property received after success of the matter.

Should not bid or purchase a property arising out of a matter

An Advocate has insider information on any bid on a property that has been seized in a legal proceeding and
thus should not be a part of that bid when it is taking place

An Advocate shall not adjust his fee against personal liability he has towards his client.

Proper accounting records

An Advocate shall keep proper accounting records showing the amount received by him from the client and the
expenses incurred by him for the client. He should also provide copy of these accounts to the client, if
necessary.

Lending money to the client should not be done

An Advocate shall not lend money to the client for his personal expenses, especially if the suit or proceedings
are pending in the court.

Duty towards Opponents

1. Not to negotiate directly with the opposing party.

An advocate shall not in any way communicate or negotiate or call for settlement upon the subject matter of
controversy with any party represented by an advocate except through the advocate representing the parties.

2. Carry out legitimate promises made.

An advocate shall do his best to carry out all legitimate promises made to the opposite party even though not
reduced to writing or enforceable under the rules of the Court.

Advocate‘s Duty Towards Fellow Advocates

1. Not advertise or solicit work.

An advocate shall not solicit work or advertise in any manner. He shall not promote himself by circulars,
advertisements, touts, personal communications, interviews (other than through personal relations), furnishing
or inspiring newspaper comments, or producing his photographs to be published in connection with cases in
which he has been engaged or concerned.

2. Sign-board and name-plate.

An advocate‘s sign-board or name-plate should be of a reasonable size. The sign-board or name-plate or

stationery should not indicate that he is or has been President or Member of a Bar Council or of any
Association or that he has been associated with any person or organisation or with any particular cause or
matter or that he specialises in any particular type of work or that he has been a judge or an Advocate General.

3. Not promote the unauthorised practice of law.

An advocate shall not permit his professional services or his name to be used for promoting or starting any
unauthorised practice of law.

4. An advocate shall not accept a fee less than the fee, which can be taxed under rules when the client is able
to pay more.

An advocate shall not take a fee less than the fee, which can be taxed under rules when the client can pay more.
If the advocate accepts less than the prescribed fee, then it shall be unethical and against the moral turpitude of
the legal fraternity.

5. Consent of fellow advocate to appear.

An advocate should not appear in any matter where another advocate has filed a Vakalt or memo for the same
party. However, the advocate can take the consent of the other advocate to appear.

In case an advocate is not able to present the consent of the advocate who has filed the matter for the same
party, then he should apply to the court for appearance. He shall, in such an application, mention the reason
why he could not obtain such consent. He shall appear only after obtaining the permission of the Court.

7. Duties of an Advocate Towards the Legal Profession

Duty to uphold the dignity and honour of the legal profession

Advocates have a duty to uphold the dignity, honour, and integrity of the legal profession. Advocates must
maintain high standards of professional conduct, ethics, and morality.

Advocates must not indulge in any conduct that may bring disrepute to the legal profession or erode public
confidence in the legal system. Advocates must also not engage in any activities that may compromise their
independence, impartiality, or integrity as a legal professional.

Duty to promote legal education and professional development

Advocates have a duty to promote legal education and professional development. Advocates must continuously
update their knowledge, skills, and expertise in the field of law through regular study, research, and training.

Advocates must also share their knowledge and experience with junior advocates and law students to
contribute to the growth and development of the legal profession. Advocates must actively participate in legal
seminars, workshops, and training programs to enhance their professional competence and stay updated with
the latest legal developments.

Duty to maintain professional conduct and etiquette

Advocates have a duty to maintain professional conduct and etiquette in their interactions with clients,
opponents, judges, court staff, and other stakeholders in the legal system. Advocates must conduct themselves
with dignity, courtesy, and respect towards all parties involved in a case, irrespective of their personal opinions
or differences.

Advocates must also refrain from engaging in any behaviour that may be deemed unprofessional, unethical, or
contemptuous of the court.
Duty to avoid misleading or false statements

Advocates have a duty to avoid making misleading or false statements in the course of their professional
practice. Advocates must not make any false, exaggerated, or misleading claims about their qualifications,
experience, or success rates to attract clients or gain an unfair advantage in a case.

Advocates must also refrain from making any false statements or presenting fabricated evidence in court, as it
undermines the integrity of the legal profession and the justice system.

Duty to respect the authority of the court

Advocates have a duty to respect the authority of the court and uphold the dignity and integrity of the judicial
system. Advocates must not indulge in any behaviour that may undermine the authority of the court or obstruct
the administration of justice.

Advocates must comply with the rules, procedures, and orders of the court, and not engage in any conduct that
may be deemed disrespectful, disobedient, or contemptuous of the court.

How to Practice Law in India

The Legislation/ Body Governing Indian Lawyers in India

The Advocates Act, 1961

The Advocates Act, 1961 is an autonomous act of law that governs and empowers the legal profession in
India. Extending across the country, the Advocates Act, 1961 is passed by the Parliament, of India, providing
the laws for legal practitioners and the constitution of the Bar Council of India as well as state bar councils.
The act reserves the rights of legal enrolment, professional ethics, admission, practice, discipline, education,
regulations, improvisations, and law reforms, etc, for legal professionals namely, Indian Lawyers and
advocates practicing in India.

The Bar Council of India

Holding, an essential position in the Indian Judiciary System, the Bar Council of India is a legal body
representing and regulating the Indian Bar. The Bar Council of India Act, 1926 unites different grades of legal
practicing and enables different court bars to function as a self- governing body or entity. The Bar Council of
India is responsible for planning, prescribing and implementing issues with respect to legal education,
professional conduct, and qualification measures for legal enrolment, legal ethics, professional control and
disciplinary jurisdiction above the bar. The act majorly reserves the rights for enrolment of legal professionals
for practicing law as Advocates in Indian Court. The Bar Council of India also keeps the stake in granting
recognition to only those law universities whose students‘ qualifications will be accepted in the eyes of the
Indian Judicial System.

The requirements for registering as a lawyer under the Indian Bar.

In order to practice law in India, an ‗advocate‘ or a ‗lawyer‘ is mandated to fully comply with all the provisions
mentioned under the act. In order to register as a lawyer in India, the following requirements of the State Bar
Councils are also to be duly complied with:

 The Law Graduate should be an Indian Citizen.

 Must have completed 21 years of age.
  Must have obtained a degree in Law from a university of law school recognized by the Bar Council of
India or
 Secured a foreign qualification in law which is duly acknowledged by the Bar Council of India in
order to be accepted as a ‗lawyer‘ under the India bar.

Steps to Practice Law in India

Step 1: Acquiring a Law Degree

The first step to becoming a lawyer in India is completing a Bachelor of Laws (LLB) course. There are two
types of LLB courses available in India: an integrated 5-year program and a 3-year program that you can
pursue after completing graduation.

Five year LLB course

The five-year course is available at an undergraduate level, straight after class 10+2. There are several
universities offering the 5-year LLB degree, and admission to this course is based on the entrance exam
conducted by the respective universities. The most important entrance exam is the Common Law Admission
Test (CLAT), which is accepted for admission into the 14 National Law Universities across India. The CLAT
assesses candidates on English, logical reasoning, legal aptitude, elementary Mathematics, and general
awareness.

Three-Year LLB Degree

You can also opt for a 3-year LLB degree after completing graduation. You can complete your bachelor‘s
degree in any stream with at least 50 percent marks. Some universities offering a 3-year course include
Banaras Hindu University, Delhi University, Punjab University, Government Law College (Mumbai), and
others.

If you want to become a lawyer in India and practice in the court, you need to obtain either a 3-year or 5-year
full-time degree in law. Any other course will not give you a license to practice law in Indian courts.

Step 2: Internship

After completing the classroom courses, you will have to do a mandatory internship as per the norms set by the
specific institution.

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Step 3: Enrolment with State Bar Council

The final step to becoming a lawyer is to enrol yourself as an advocate in any of the state bar councils
regulated by the Advocates Act 1961. The State Bar Councils do not have a uniform process of registration.
After registration, you must clear All India Bar Examination (AIBE). The exam is conducted by Bar Council
of India, and once you clear it, you get a certificate of practice. The test assesses your basic analytical
capabilities and your knowledge of the law.

After completing LLB, you can either choose to start practicing, or you can continue with studies. You can
opt for an LLM course to get in-depth knowledge in your area of interest.

Step 4: Choosing the Field of Interest

After this, chose your field of interest, whether you want to do criminal cases or matrimonial or property
matters, tax matters, corporate work, etc.
Step 5: Finding a Mentor

After getting enrolled, first look for a Guru, a good lawyer that can help you learn the basics of the practical
side of the law which no book or law college can teach you. Remember, it is the most crucial stage and your
primary focus at this stage should be on learning and not on making money.

Solicitor Definition
In England and Wales, a solicitor is one of two types of qualified lawyers – the other being barristers.
Solicitors generally provide day-to-day legal advice on a range of issues (the exact details depending heavily
on factors such as your chosen employer and specialist practice area), while barristers are more specialised in
advocacy (e.g. arguing litigious cases in court). A number of other differences do exist, but the key difference
relates to this divide between behind-the-scenes legal work and more public courtroom performances.

What Does A Solicitor Do?

A solicitor‘s role is to take instructions from clients, which can include individuals, groups, private companies
and public sector organisations, and advise them on actions they can take from a legal standpoint.

In the event of a legal matter going to a tribunal or Court, a solicitor can instruct a barrister to act on behalf of
a client – the responsibility of a solicitor is to prepare the case for a barrister. A solicitor advocate, who has
Rights of Audience, can represent clients in the UK‘s higher Courts in the same way that a barrister can.

Solicitors work very closely with clients and are often the first point of contact for people in need of legal
advice.

The work of a solicitor can also be split into contentious legal work and non-contentious legal work.
Contentious work usually revolves around some kind of dispute that needs to be resolved (it might result in
litigation, or could be mediated through arbitration, etc). Non-contentious legal work is more advisory in
nature – for example drafting the agreements between two companies who are looking to merge (also known
as ‗transactional‘ work).

Day-to-Day Solicitor Tasks

On a day-to-day basis, a solicitor‘s role can vary, involving tasks such as:

 Meeting, interviewing and advising clients

 Drafting and negotiating legal documents and contracts
 Providing specialist legal and commercial advice on several areas of law
 Researching and interpreting complex points of law
 Instructing and preparing cases for barristers

What Does A Solicitor Do In Court?

Solicitors do not typically have the right to represent clients in the higher courts (such as the High Court in the
UK). Instead, they work in conjunction with barristers to represent clients in court proceedings by drafting
legal documents such as contracts and wills and providing legal advice.

Solicitor Practice Areas

Practice area choice is very important for aspiring solicitors to consider. This is essentially your area of
expertise as a lawyer, and your actual day-to-day work can vary massively based on which practice area you
work within. Our full guide to practice areas includes further detail on the specifics, but here are a few
common (and varied) practice areas to consider:

 M&A (Mergers & Acquisitions)

 Tax
 Intellectual Property
 Sports
 Employment
 Private Equity
 Family Law

As you can imagine, the differences between the work of a family lawyer (working on, say, a difficult divorce
case involving child custody) and a tax lawyer (working on, say, the tax implications of two multinational
companies merging) are very significant.

Some of the factors which might impact a solicitor‘s choice of practice area includes interest in the work,
salaries, and work-life balance.

Where Do Solicitors Work?

Solicitors can work across a number of different types of organisations, some of which (the most popular) are
covered below:

Law firm

As already discussed, many aspiring solicitors will apply to law firms for vacation schemes (and thereafter
training contracts). They will then go on to work at the firm if successful.

Law firms are specialised businesses which clients come to for legal services. You will often have relatively
clearly defined roles (often delineated by practice area), a clear hierarchy with obvious career trajectory (e.g.
trainee, associate, senior associate, partner), and high salaries.

The variation between different law firms is huge. At one end of the scale, Magic Circle and elite US law
firms offer huge salaries, multinational client work, long hours and intense cultures, while at the other end
high street solicitor firms will offer much more favourable hours, more personally-engaging subject matters,
but lower salaries.

In-house

In-house solicitors are those that sit within an organisation‘s legal department. For example, you could be a
lawyer for a media organisation such as the BBC or ITV. Your work is likely to cross many practice areas
(especially at smaller organisations) – for example, you might be approving contracts for your presenters one
day and protecting one of your show‘s logos against IP infringement the next. Roles are often less clearly
defined via a hierarchy, and this move can result in a pay-cut at times. The top lawyers in-house (usually
solicitors) are known as General Counsel.

Public Sector

Some solicitors will work within the public sector – that is, carrying out legal work on behalf of the
government. This will often be within a certain area of government, e.g. the Treasury or the Department for
Education. Some of this work will often go into Public Law territory. Working hours tend to be more
favourable than private sector work, but the salaries are usually significantly lower.
All India Bar Council Examination
One of the essentials in the procedure for enrolment in the Bar includes the All India Bar Council Examination.
It is a step for upliftment in the post of an advocate who has been enrolled with any State Bar Council. The
national level standardised form of Examination is conducted across 40 cities of India in 11 languages. This
examination acts as a determination for an individual to practice as an advocate in any lower court or high
courts in the country.

Eligibility for the examination

 In order to be eligible for the examination, the following grounds need to be abided by:
 The examination applicant has to be a citizen of India.
 A degree of LLB of either 3 years or 5 years is required to be eligible for appearing in the
examination.
 The applicant should be a registered advocate under any State Bar Councils.
 A valid advocate identification should be present with the applicant.
 The applicant cannot apply for the examination in the same year he or she is qualifying with an LLB
degree.

Application for the examination

As everything has been digitised in today‘s world, the information and application procedure for the
examination can be viewed on the official website of the examination. The steps are provided below:

 The official link of the All India Bar Council examination needs to be visited.
 Registration providing basic details of the candidates need to be carried out.
 Registration confirmation to be sent by the medium of email in the registered mail id.
 The application form needs to be filled up by logging in with approved credentials.
 E-challan needs to be generated before proceeding with the application form.
 Application fee needs to be paid.
 Print out of the form and the receipt is required for future references.

Therefore the steps towards the way of reaching out and giving the examination which has been provided
above are one of the ingredients in the procedure of enrollment in the Bar.

The Advocates Act, 1961

Article 16 of the Advocates act states the following points:
The advocates shall be divided into 2 classes –

Senior advocates

Other advocates.

If the Hon‘ble Supreme Court or the High Court is satisfied by the virtue of ability, expertise, and experience
that an advocate is eligible to become a senior advocate then with the consent of the said advocate he/she may
be designated as a senior advocate.

The senior advocate has to bear certain restrictions related to the legal profession as guided by the Bar Council
of India.
An advocate will be considered as a senior advocate when he/she is been appointed as an advocate to Supreme
Court however this won\‘t be the case if such advocate has applied before 31st December 1965 that he does not
desire to continue as a senior advocate. At his request, the bar council will grant such an application.

Therefore, it can be interpreted that the following things must include:

A particular advocate should be fit to hold the position of a senior advocate as per the belief of the Chief
Justice and the other judges of the court. Such an advocate must have exceptional knowledge of the law.
Consent of the advocate for this should be taken prior. The sole ground for the selection is expertise and
knowledge about the law.

The Indira Jaising Case

The Indira Jaising v. Supreme Court of India through Secretary-General & Ors. holds major significance in
deciding whether the advocate can become a senior advocate as the various guidelines were been updated after
this case. Also, a set of rules were established and the court created a permanent committee and gave the power
for the equivalent. This committee is known as the ―Committee for Designation of Senior Lawyers‖

Structure Of Committee:

As per the new guidelines the committee shall comprise of Chief Justice of India (Chairperson), two senior-
most Supreme Court judges, the Attorney general for India and the member of the bar (nominated by the
Chairperson and other members).

Designation Procedure:

Any advocate who has completed a minimum of 10 years of practice as an advocate after his/her enrollment
with the bar can file applications for the senior advocate. This application should be submitted to the
Secretariat. Then the Secretariat will collect all the data concerning the reputation, work, expertise, and
knowledge of the applicant. It will also see the number of cases in which the applicant appeared as an advocate
in the last five years. Lastly, all this data is forwarded to the committee and then it is decided whether the
applicant is compatible to become a Senior Advocate or not.

The committee considers the following things before coming to any results:

 Knowledge and expertise of the advocate,

 A total number of years practiced after the enrollment with the bar,
 Pro-bono work undertaken,
 Publications by the advocate,
 Based on the interview the personality and the suitability of the applicant.

Further, the name is carry forwarded to the full court. The voting is been done to maintain transparency. If the
candidate gets the apt votes, then he is allowed to be designated as a senior advocate but if rejected then the
applicant can send the application again only after the lapse of two years. It doesn‘t stop here. If a senior
advocate violates any rule, then he/she can be disentitled from the said post.

Features of Senior Advocate

Section 16 of the Advocates Act, 1961 states that there shall be two classes of advocates, namely, senior
advocates and other advocates. A lawyer, with his consent, may be designated as senior advocate if the
Supreme Court or a High Court is of that opinion that by virtue of his ability, standing at the Bar or special
knowledge or experience in law, he is deserving of such distinction.
Collaboration:

Capability or ability to show your talent to multi-party work environment and this process shows your talent of
working well in a team as well as it sets a collective contribution so as to satisfy the client. The main aim is to
settle the ego and positions of each other to reach the maximum outcome.

Proper Time Management:

Law demands hard work and hard work needs time and with that it also needs to prioritise their work, task and
also delegate the work.
Credibility:
Credibility is based on trust. The keystone of you career is built on this level of trust with your colleagues,
clients, judges and sometimes even opposing counsel. But this quality or a trait which is not by birth but it is
earned with time. The only effective way to build your career is trust and human interaction is a way to
maintain it or destroy it. In this profession, one should be a man of words.

Confidence:
Both personal and professional confidence is needed to become a senior advocate as analysing power of your
decision time, advantages and disadvantages should be high. Confidence can be seen within yourself and it
defines you as you walk and talk. Even your gestures play a major role.

Attention to detail:
While drafting any paper, misplace of single word can convert the meaning of the sentence. An advocate must
have an accurate approach towards their work. Any mistake application can lead to rejection of your
application.

Experience:
Experience speaks. With your practise experience comes. It is one of the traits that a senior advocate has and
through this experience an advocate can handle all the cases, circumstances and even all the unwanted
situations. His handling power becomes prominent with comparison to others.

Logical Thinking:
A good lawyer always keeps his personal life separate from professional life and they usually are not
emotional. But they need to understand the feelings of the other person and apprehend their issues. This trait is
very important your personality. Your ability is tested when you can think in any circumstances or situations
without even consulting your associates and then present that case in your favour in a reasonable or logical
manner so as to win your case. Never take your opposite counsel personally because it‘s about your client not
about you and always be harmonious even with opposite counsel also.

Self control:
Whether your case is on a negative track or a positive track control on emotions, expression and thoughts is
also essential. You always need to think before you speak. If words are beneficial they can be harmful too.

Stability:
A senior lawyer always have a stability in this thoughts as well as in his career. He can tackle every situation in
a peaceful manner and have a conversation calmly without any aggression. Stability and maturity in
professional or personal life comes with experience.

Senior Advocates And other Advocates

 A senior advocate in general is based and judged on age and experience of a particular legal profession.
It is also defined in Advocates Act as stated above. While a junior lawyer lacks experience and does not
have much idea of how to tackle things and go around with them.

 Senior advocate has to follow a separate code of conduct. It is different from other lawyers.

 General people see an aged lawyer with good practice and experience as a ‗senior lawyer‘ while a fresh
lawyer needs to learn so many things from the senior lawyer and had to grasp some skills.

 Devotion and years of practice is the key behind the success of a senior lawyer while a junior lawyer
lacks this skill and quality.

 Senior advocates are prohibited from doing some kind of legal work like drafting, etc while junior
advocates have no such prohibition.

 The status of senior lawyer is designated to them by the Supreme Court or High Court on the basis of
merit and seniority.

 The court can give this status to any advocate but with their consent if it is in the opinion because of his
ability or special knowledge in law.

 A saving provision has been laid down with respect to the advocates who are right now senior
advocates and who will continue to enjoy the status of senior

 A senior advocate is prohibited or banned from accepting some kind of legal work. For e.g. drafting,
draw pleadings or affidavits,

 A senior advocate is not permitted to appear without an Advocate-on-record or without any junior.

 A senior cannot file any pleading or represent his client neither can draft an application by his own
handwriting.

 But this does not mean that it gives special favour or does any discrimination and if it does then it will
violate Article 14 that is equality and Article 18 conferment of any title of the constitution.

How to Become a Supreme Court Lawyer – A Step To Step Guide

Introduction:
One of the toughest decisions for any student completing class 12th is to plan and implement actions for
career. There is a lot of confusion, misconceptions and options available for students who have just completed
class 12th. Although the career options after class 12th are numerous but in this article we will deal with career
in law, specifically on ‗how to become a Supreme Court lawyer in India.‘ Being the apex court of India,
becoming a Supreme Court Advocate is more complexed in comparison to becoming District court or High
Court Advocate. In this article we would discuss step by step process required if you are determined to become
a Supreme Court Advocate in India.
STEP 1 – Passing 12th with eligibility to pursue Law
Once a candidate decides and makes up his mind to become a Supreme Court lawyer he needs to pass class
12th with at least 45% aggregate score to qualify the eligibility of most of the Law colleges. There are colleges
that accept candidature at percentage less than 45 as well but majorly, majority of the colleges accept 45% as
the minimum eligibility criteria. For candidates who have just completed class 12th will enroll themselves for
5 year integrated course (B.A.LL.B./B.Com.LL.B./B.Sc.LL.B and so on) either through CLAT or other Private
Colleges, those candidates who have already completed graduation will enroll for 3 year LLB program,
according to the need candidates will be filing the application forms and appear for the admission procedure.

STEP 2 – Enrolling in Law College

Once the candidate enrolls himself with the college, during the tenure of the course itself he is required to do
internship with either advocates or law firms to gain practical knowledge and field exposure. These internships
play a vital role in building a strong base and making them industry ready as soon as the course is over.
Learning at an early stage from the grassroots level is the core aim of such internships. Learning the culture
and professionalism is an added benefit of doing internships.

STEP 3 – Registration with the Bar Council of India

After attaining the law degree from any college approved by the Bar Council of India, the candidate needs to
get himself registered with the Bar Council. The Indian Advocate Act, 1961 states that to get the certificate to
practice in the court premises, one need to get him registered with the Bar Council of India. After getting
approved by the BCI the lawyers become an Advocate and are now eligible to practice law in the court of
India. You can register with the Bar Council of any state in India where you want to practice law into.

STEP 4 – Become Junior Assistant

Now that you are eligible to practice in the court of law and are determined to practice in The Supreme Court
of India only, the easiest way is to become a Junior Assistant to any Supreme Court Advocate. This will not
only help you work in The Supreme Court of India but also ensure that you learn the Court procedure of the
Supreme Court that would be a catalyst for the bright future as an advocate in the Supreme Court of India. The
Senior Advocates of the Supreme Court of India helps the Junior Assistant in learning the basic practice and
making him gel with the working culture of the Apex Court.

STEP 5 – Pass the All India bar Exam

The Bar Council of India conducts All India Bar Exam (AIBE) every year, every lawyer willing to practice in
the courts of law in India needs to mandatorily appear for the All India Bar Exam. This exam is a 100 marks
examination held annually by BCI, there are 100 objective type questions to be completed in 3 hours 30
minutes duration with no negative marking. Once the candidate passes the examination and gets the certificate,
he/she is eligible to practice in any court throughout the country as an advocate.

STEP 6 – Work in Subordinate Courts

Now that you are all set to practice in the courts of law in India, you need to gain some experience before you
start your practice at the Supreme Court of India. It is advisable to start the career in law with subordinate
courts either district courts or high courts. Practicing and starting the career with subordinate courts serves two
fold benefits, it gives you the ground level knowledge, helps you understand the court procedure and also gives
you experience that you could use for practicing in Supreme Court later.
STEP 7 – Gain Experience
After completing 5 years of experience at subordinate courts either any of the district courts or any of the high
courts the candidate needs to serve as a trainee under any of the Supreme Court Advocate before he can
independently practice in the Supreme Court of India. To sum up, after completion of your degree in law it will
take minimum 6 years to become a practicing advocate in the Supreme Court of India.

STEP 8 – Pass the Advocate on Record Exam

The Supreme Court of India conducts an exam called Advocate On Record Exam (AOR Exam) for advocates
willing to practice in the Supreme Court of India, this test is conducted to check the knowledge, skills and
caliber of the advocates and how fit they are to be practicing in the apex court of India. After the candidate
successfully passes the Advocate on Record Exam he qualifies to practice law in the Supreme Court of India
after registering himself as Advocate on Record Member in the Supreme Court BAR Association.

STEP 9 – Hold an office

Once you qualify the Advocate on Record Exam you need to register for an office space within 10miles from
the premises of the Supreme Court of India and appoint a registered office clerk at your office.Upon
completing all the above mentioned formalities the Judge of the Supreme Court of India accepts you as an
advocate of the Supreme Court of India (AOR).

STEP 10 – Start Practicing in the Supreme Court of India

After this you are all set to practice independently in the Apex Court of India and represent your clients and
take up cases as per your specialty in the field of Law.