That as per Section 29 of the Advocate Act, 1961:- Advocates to be the only recognized class of persons entitled to practice law- Subject to the provisions of this Act and rules made there under, there shall, as from the appointed day, be only one class of person entitled … a person or entity whose interests will be affected by the outcome of a lawsuit, whose absence as a party in the suit prevents a judgment on all issues, but who cannot be joined in the lawsuit because that would deny jurisdiction to the particular court (such as shifting jurisdiction from a state to federal court). [Act No. Thus, the Advocates Act,1961 needs to be amended to this extent. Duties to the society • Duty to facilitate legal education, training of young lawyers and research in legal discipline • … An advocate has also a duty that he should not by any means, directly or indirectly, divulge the communications made by his client to him. Prior to this Act, there were deviant classes of legal practitioners under the Legal Practitioners Act. But they are regularly facing partiality in taxation matters since 1984.Changes are required in some areas of Income tax law to efficiently protect the interests of assesses and department as mentioned below. The First Law Commission inspected and made a Report on Reforms of Judicial Administration. advocates. An advocate shall not solicit work or advertise in any manner. The legal profession is required to look after the moral standards. ][Date of commencement: Section 32 — 1st January, 2000. It is been seen that Advocates act who is the primitive act in mentioning about the rights of an advocate is an elaborative act dealing in various aspects in relation to legal profession and it is prominent to state that according to the Section 29 to 34 of the Advocate Act, 1961, Practice of Advocates is a right. [14] Indulging in practices of corrupting the judiciary or offering bribe to the Judge [15] ; retaining money deposited with the advocate for the decree-holder even after execution proceedings [16] ; scandalizing the Judges [17] ; constant abstention from the conducting of cases; misappropriation of the amount paid [18] ; attesting forged affidavit [19] ; failure to attend trial after accepting the brief [20] ; taking money from client in the name of the Judge[21]; gross negligence involving moral turpitude [22] ; indecent cross examination[23]; breach of trust[24]; conducting fraud and forgery[25] by the advocates, have been held to be serious misconduct by the Supreme Court. Legal profession is not a trade or business. The provisions relating to rights of advocates have been described under Sections 29, 30, 32, 33 and 34 of Advocates Act, which are as follows: This section came into operation on 1st June, 1969. Introduction A lawyer’s profession is meant to be a […] The Advocates Act put into effects the recommendation of the Bar Committee in the Law Commission with some modifications. Advocate Act, 1961 specifies the rules governing advocates, vakils, … This Act may be cited as the Advocates Act. this status has gained statutory recognition when section 49 of the advocates act empowered bar council of india to frame rules, regulating standards of professional conduct. Advocates Act, 1961. So, as per Section 32 of the Advocates Act, 1961; a person who has not been enrolled under the Advocates Act 1961 has the liberty to appear before the Court but only on the ground that the Court allows  him to do so.[6]. (Exception he is liable to disclose if it violates Section 126 of the Indian Evidence Act, 1872.). Section 29 in THE ADVOCATES ACT, 1961 29. Ganpathi,[10] the Court has held that one party to   proceedings cannot cite advocate representing the other side as witness without disclosing as to how testimony is relevant as it will result in depriving the other side of services of the advocate. [22] In the matter of P an Advocate, AIR 1963 SC 1313; and V P Kumaravelu v. the Bar Council of India, AIR 1997 SC 1014. Section 32. He should not exploit or take any advantage of the confidence reposed in him by his client. [16] Prahlad Saran Gupta v. Bar Council of India, AIR 1997 SC 1338. The legal profession as it exists today was refined during the British period. Therefore, it must remain a de-contaminated profession. Sections 24, 29 and 30 of the Advocates Act, 1961 and the rules of the Bar Council of India also would deny him the right to be called an advocate as having been appointed as A.P.P. During the presentation of his case and also while acting before a court, an advocate should act in a dignified manner. Section 29 of the Advocates Act, 1961 provides that “subject to the provisions of this Act and any rules made thereunder, there shall, as from the appointed day, be only one class of persons entitled to practise the profession of law, namely advocates.”, In Nibaran Bora v. Union of India,[3] the Gauhati High Court has held that only advocates can practise in a court of law. Similarly, Section 30 lays down that subject to the provisions of this Act, every advocate whose name is entered in the State Roll shall be entitled as of right to practice throughout the territories to which this Act extends: (a) in all Courts including the Supreme Court;(b) before any Tribunal or person legally authorized to take evidence; and (c) before any other authority or person before whom such advocate is by or under any law for the time being in force. Supreme Court advocates, Section 21 : Disputes regarding seniority, Section 24 : Persons who may be admitted as advocates on a Doctrine of Eclipse under Indian Constitution. Thus, in the mix of judging Sec. Section 29 of Advocates Act, 1961. If he has advised a party in connection with the institution of a suit, appeal or other matter or has drawn pleadings, or acted for a party, then he shall be duty bound not to act, appear or plead for the opposite party in the same matter. to practice the profession of law, namely, [8], At the end of a thoughtful judgment S.N. Section 31. 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. The Advocates Act has set aside these classes and has allowed only one class of Advocates. Under section 1, the Act is to come into force on such date as the central government may, by notification in the Official Gazette, appoint and different dates may be appointed for different provisions of this Act. An Act to amend and consolidate the law relating to the legal practitioners and to provide for the constitution of Bar Councils and an All-India Bar. The Act extends to the whole of India. In any matter in which he has financial interests then he should not act or plead in that matter. the Bar Council of India, Section 20 : Special provision for enrolment of certain by another Bar Council except in certain circumstances, Section 29 : Advocates to be the only recognized class of 2. “The expression ‘to practice the profession of law’ in section 29 of the 1961 Act is wide enough to cover the persons practicing in litigious matters as well as persons practicing in non litigious matters and, therefore, to practice in non litigious matters in India, the respondents were bound to follow the provisions contained in the 1961 Act.” [18] D S Dalal v. State Bank of India, AIR 1993 SC 1608; and J S Jadhav v. Mustafa Haji Mohamed Yusuf, AIR 1993 SC 1535. Advocates to be the only recognised class of persons entitled to practise law.—Subject to the provisions of this Act and any rules made thereunder, there shall, as from the appointed day, be only one class of persons entitled to practise the profession of law, namely, advocates.” 2012] CAP. entitled to practise.[4]. Dignity of the judiciary is to be maintained, failing which the institution itself will collapse. He has a duty defend a person accused of a crime regardless of his personal presupposition as to the guilt of the accused. [12] Shambhu Ram Yadav v. Hanuman Das Khatry, AIR 2001 SC 2509. He should should not act on the direction of any person other than his client or the client’s authorized agent. Section 29 of the Advocates Act, 1961 provides that “subject to the provisions of this Act and any rules made thereunder, there shall, as from the appointed day, be only one class of persons entitled to practise the profession of law, namely advocates.” Slowly and gradually, it was felt that the Judicial Administration should be switched according to the needs of the time. practice law? Section 30 : Right of advocates to practice. An advocate should not trade or agree to receive any share or interest in any actionable claim. The Advocates Act, passed by the Parliament acknowledged the compliance of the President on 19th May 1961. 7 of 1990, Act No. An advocate must provide the client with the copy of the client’s account maintained by him on demand, provided that the necessary copying charge is paid. He is also duty bound to adjust fees after termination of proceedings and any amount left after the deduction of the fees and expenses from the account must be returned to the client. An advocate should not show up in any matter where another advocate has filed a vakalt or memo for the same party (he can do so only with the consent of the other advocate. The Act aims at rectifying and consolidating the laws relating to legal practitioners and to administer for the establishment of State Bar Councils and an All India Bar Council. An advocate has to keep in mind that the dignity and respect maintained towards judicial office is essential for the survival of a free community. 12 of 1995, Act No. Section 35 : … : Transfer of name from one State roll to another, Section 19 Section 34 : Power of High Courts to make rules. As an officer of the court, a lawyer has a duty and commitment towards the court towards his profession and to the public. The meaning of the word “practise” is, repeated action, habitual performance, a succession of acts of a similar kind.”. In this blog post, Mr.Sreeraj.K.V, a student of Government Law College, Ernakulam, Kerala writes about Professional misconduct under Advocates Act, 1961.The post covers areas like the definition of the term misconduct, provisions under the Advocates Act as well as various important cases dealing with the matter. [6] https://indiankanoon.org/doc/1577844/#:~:text=Section%2032%20in%20THE%20ADVOCATES%20ACT%2C%201961&text=32.,him%20in%20any%20particular%20case. An advocate should not disgracefully damage the character of the parties on false grounds during pleadings. and on Section 29 of the Advocates Act, 1961, which is; “29. Variava, J and his brothers concluded that ‘the right to practice is the genus, of which the right to appear in the Court may be a specie. Under Section 34 of the Advocates Act, 1961, the High Court islegitimized to make rules about the conditions under which an advocate shall be permitted to practise in the High Court and subordinate court. Subject to the provisions of this Act and any rules made thereunder, there shall, as from the appointed day, be only one class of persons entitled … Section 29 of the Advocates Act, 1961 provides that "subject to the provisions of this Act and any rules made thereunder, there shall, as from the appointed day, be only one class of persons entitled to practise the profession of law, namely advocates." Subject to the provisions of this Act and rules made there under, there shall, as from the appointed day, be only one class of persona entitled to practice the professions of law, namely, advocates. Right of advocates to practise. 18 of 1989, Act No. However, in Derby Textiles Ltd. v. Mahamantri, Derby Textiles Karmachari and Shramik Union,[7] it has been held that an office-bearer of a trade union, who is a qualified law graduate but not registered as an advocate, can be permitted to represent the union and argue the case. Section 29 : Advocates to be the only recognized class of persons entitled to practice law. Having gone through varied enactments, judgments and cases that have been referred the author suggests that there must be various career conveyance and advancement programs conducted by the Bar Council promptly after enrolment so that new legal professionals they will be aware of the do’s and don’ts of this profession and there will be a greater degree of group of advocates in the coming decennary. Reported in : AIR1997Ker243; 1994CriLJ682..... das v. civil judge, air 1974 all 133). Mandeep Singh. SUPREME COURT JUDGMENTS . (1) Where on receipt of a complaint or otherwise a State Bar Council has reason to believe that any advocate on its roll has been guilty of professional or other misconduct, it shall refer the case for disposal of its disciplinary committee. He has also a duty that he should not promote unauthorized practice of law. Under the relevant provisions of the Advocates Act, 1961; Advocates only have the right to practice before any Court (vide Section 33). An advocate should not by any means bid for, or purchase, either in his own name or in any other name, for his own benefit or for the benefit of any other person, any property sold in any legal proceeding in which he was in any way professionally engaged. Power of court to permit appearances in particular cases. For the purpose of any action or legal proceedings in which advocate is engaged by client he shall not lend money to such client. [Rev. An advocate should, at the commencement of his engagement and during the continuance thereof, make all such full and frank disclosure to his client relating to his connection with the parties. Section 29. In order to implement the commendation of All India Bar Committee (endorsed by the fourteenth Report of the Law Commission in 1955), the Advocates Act, 1961 came into being. [25] LC Goyal v. Nawal Kishore, (1997) 11 SCC 258; and Devender Bhai Shanker Mehta v. Ramesh Chandra Vithal Dass Seth, AIR 1992 SC 1388; See also: Dr. Elbe Peter, MDS, LL.B, DCR, Professional misconduct of lawyers in India. https://indiankanoon.org/doc/1577844/#:~:text=Section%2032%20in%20THE%20ADVOCATES%20ACT%2C%201961&text=32.,him%20in%20any%20particular%20case. There was need for a unified bar, rules governing the State Bar Councils and most primarily, the formulation of an All India Bar, all of which was is the freshly enacted law. An advocate should not wear bands or gowns in public places other than in courts, except on such solemn occasions and at such places as the Bar Council of India or as the court may define. He has a duty not divert any part of the amounts received for expenses as fees without written instruction from the client. Since the foremost duty is commitment is to assist the court in dispensing justice, the members of the Bar cannot perform in a manner which is doubtful, or has a lot of doubts or which strives to thrive on litigation. To implement the recommendations of All India Bar Committee after taking into consideration the Law Commission’s recommendations made in its Fourteenth Report in so far as they run through to the Bar and to legal education, the Advocates Act was executed. In 1961, parliament enacted the AdvocatesAct to amend in strengthen the law relating to the legal practitioner, and to administer for the constitution for the All India Bar Council and State Bar Council. Section 29 : Advocates to be the only recognized class of persons entitled to practice law. For the purpose of any legal proceedings an advocate should not stand as a surety, or certify the soundness of a surety that his client requires. 25 OF 1961 [19th May, 1961.] [17] Dr. D C Saxena v. Chief Justice of India, AIR 1996 SC 2481. They were Advocates, lawyers, vakils, etc. [20] S J Chaudhary v. State, AIR 1984 SC 618. [Rest: 15th December, 1989.An Act of Parliament to amend and consolidate the law relating to advocates. It repeals the Indian Bar Council Act, 1926, the Legal Practitioners Act, 1879, in other laws under subject. In Kokkanda B. Poondacha v. K.D. .- Subject to the provisions of this Act, every advocate whose name is entered in the common roll shall be entitled a of right to practise throughout the territories to which this Act extends,--- (i) in all courts including the Supreme Court; (ii) before any tribunal or person legally authorised to take evidence; and (i… Section 30. An advocate should not charge for his services depending on the attainment of success of the matter undertaken. appointed day, be only one class of persons entitled He should not enter act, appearance, practice or plead in any way before a judicial authority if the sole or any member of the bench is related to the advocate as son, daughter father, grandson, grandfather, , first cousin,  uncle, nephew, brother, husband, wife, mother, sister, aunt, niece, father-in-law, mother-in-law, son-in-law, brother-in-law daughter-in-law or sister-in-law. An advocate’s sign-board or name-plate should be of a reflective size. Section 29 of the Advocate Act, 1961, lays down provisions that "the Advocates are the only recognized class of persons entitled to practice law". Professional misconduct refers to disgraceful or dishonorable conduct, not befitting to the profession concerned. 21 of 1990, Act No. The Act extends to the whole of India, except the State of Jammu and Kashmir. advocate, Section 26A : Power to remove names from roll, Section 27 : Application once refused not to be entertained rules made thereunder, there shall, as from the THE ADVOCATES ACT, 1961 ACT NO. But the right to appear and conduct cases in the Court is a matter on which only the court must and does have a supervisory and controlling power, which does involve the right of an advocate.’[9]. (2) It extends to the whole of India. Section 31 - Special Power of Attorney (Repealed) Section 32 : Power of court to permit appearances in particular cases. He should turn up in court at all times only in the dress ethical under the Bar Council of India Rules and his representation should always be presentable. 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