Legal Profession means to present the favor of the client (party) in court of law and presenting from his side. It is his duty towards the profession for which he gets fees from his party. Legal profession is a learned and a very attractive profession. Legal profession plays a very important role in the execution of justice. For which there has to be-
(i) A proper organized system of courts
(ii) Properly developed system of law.
These two for an effective administration of justice can be achieved through well-organized system of law.
In the absence of such system the courts will not be in a place to give justice as evidence can’t be properly arranged for the party or against it.
An advocate by presenting the legal material related to the case helps the court to give a proper judgment.
Therefore the members of legal profession play an important role in the society and occupy a high status in it.
A legal profession has some qualities like
‘ it is an independent profession,
‘ area of function is very wide
‘ group of persons who does this profession is called ‘Bar’
‘ Legal professionals are considered officers of cour
According to Section 2 in THE ADVOCATES ACT, 1961
‘Advocate’ means an advocate entered in any roll under the provisions of the Act
SECTION 24 of ADVOCATES ACT,1961
Persons who may be admitted as advocates on a State roll.’
(1) According to this a person is qualified to be admitted as an advocate on a state roll if he fulfills certain conditions-
(a) He is a citizen of India:
Provided a person of other country can be allowed to practice in India only when the that other country allows Indians to practice in their country
(b) He has attained the age of twenty one years;
(c) He has obtained a degree in law-
(i) Before the 12th March, 1967 from any University in India or
(ii)Before the 15th August, 1947, from any University within India according to Government of India Act, 1935 or,
(iii)After the 12th March, 1967, save as given in sub-clause (iiia) After completing three year law degree from any University in India which is recognized for the working of Advocates Act by the Bar Council of India or
(iiia) After completing a course of law of minimum two years starting from1967-68 or any earlier academic year from any University in India which is recognized for the working of this Act by the Bar Council of India
[He is a 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 any other foreign qualification in law which is recognized by the Bar Council of India for the purpose of enrolment as an advocate according to this Act]
(iv)In any other case, from any University of other country except India, if the degree is recognized by the Bar Council of India
(e) He fulfills other conditions given under the rules made the State bar Council
(f) The person has paid for this enrolment the Stamp Duty according to Stamp Act 1889 and also the enrolment fees of Rs.600 to the State Bar Council and Rs.150 to Bar Council of India(both of them to be paid by way of Demand Draft drawn in favour of that Council)
If a person is a member of Scheduled Caste or Scheduled Tribe and provides the required certificate for enrolment then for him the fees is Rs.100 to the State Bar Council and Rs.25 to the Bar Council of India.
[For the objectives of this sub-section, a person should have obtained a law degree from a University in India on the date on which University has published the results on its notice-board or declaring by any other way that he has cleared the examination].
(2) Vakil or a pleader who has a law degree may be entered as an advocate on a State roll, if he
(a) Makes an application for the enrolment according to this Act, not later than two years from the appointed day, and
(b) Fulfills the conditions given under clauses (a), (b) and (f) of subsection (1)
(3) A person who-
(a) has been a vakil/pleader/mukhtar or was entitled at any time to be enrolled under any law for minimum three years has as an advocate of a High Court (including a High Court of a former State of Part B) or of a Court of Judicial Commissioner in any Union territory; or
(aa) Before the 1st December, 1961, person was entitled to practice the profession of law other than as an advocate (whether by way of acting/pleading or both) by virtue of the provisions of
any law, or who is entitled was not in public service on the said date; or]
(c) Before the 1st April, 1937,the person has been an advocate of any High Court in any region which falls within Burma as given under the Government of India Act, 1935-, or
(d)the person is entitled to be enrolled as an advocate according to 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 the enrolment with respect to the provisions of this Act; and
(ii) Fulfills the conditions given under clauses (a), (b), (e) and (f) of sub-section (1)
KINDS OF ADVOCATES
Broadly advocate is divided under 4 categories according to Advocates Act 1961 and Supreme Court Rues 2013.they are as follows:
2. Senior Advocate
3. Advocate on Record
4. Any Other Person
According to Section 16 of Advocates Act 1961advocates is divided under 2 categories i.e. senior advocates and other advocates. But this list is not a complete list because Supreme Court Rules 2013 have also defined an another class of advocate i.e. advocate on record (Order 4).
It is essential to define the term advocate firstly so that further categories can be understood easily.
An advocate is a person who is having a law degree, passed All India Bar Examination and enrolled in a state roll as an advocate.
He is an advocate under this Act as per section 16 but designated by High Court/Supreme Court by virtue of his standing in a court, experience, knowledge in law, high quality arguments and contribution in ascertaining a court to do justice.
The parameters to become a senior advocate are generally not fixed. It is the discretion of Supreme Court and High Court though some state High Courts have fixed some qualifications to be fulfilled by an advocate to become a senior advocate. Once an advocate becomes a senior advocate it attracts some rules made by Supreme Court in relation to Senior Advocate (Supreme Court Rules 2013 Order 4 Rule 2)
Order 4 Rule 2
It says that a senior advocates shall not take a briefing directly from a client, shall not sign a Vakalatnama or other documents, shall not appear without advocate on record.Senior Advocate have to take a briefing from a junior advocate.
Like Delhi High Court formulated some rules related to the advocate to be designated as senior advocate. Guidelines were issue by Delhi High Court in 2012.Some of the rule are-
‘ Minimum 10 years of experience at BAR
‘ Enrolled in BAR Council of Delhi
‘ Mainly practicing in Delhi High Court its Subordinate Courts
‘ Furnished 15 judgments in preceding 3 years where he has contributed to the growth of law
ADVOCATE ON RECORD
As per Supreme Court Rules 2013 an advocate on record are also the advocates enrolled in the Bar Council but special privileges to act and plead in Supreme Court (Authority given by Supreme Court itself)
There are some prescribed rules and regulations to become an advocate on record like minimum 4 years of practice (before amendment it was 5 years) plus 1 year of practice under advocate on record. There are some other essentials to be followed by advocate on record like they should have a clerk who shall be registered by the Registrar Office of Supreme Court.
Another privilege Advocate on Record is having that senior advocate can only plead in Supreme Court with the help of Advocate on Record.
On the other side Advocate on Record can act and plead in Supreme Court after passing an examination of Advocate on Record.
AS per Section 32 of ADVOCATES ACT 1961 persons other than advocates have the right to plead in the court in their case.
It is a special right given under the Act but it is the discretion of the court to permit/allow to any person to plead in a court whether he/she is a law graduate or not.
OTHER PROVISIONS RELATED TO SENIOR ADVOCATE
RESTRICTIONS ON SENIOR ADVOCATES
Under Sec.49 (1)(g),the Bar Council made rules restraining in the matter of practice to which senior advocates shall be subject in Chapter 1 of Part IV of The Bar Council of India Rules: Senior Advocates shall in the matter of the practice of the profession of law mentioned in Sec.30 of the Act, be subject to the following restrictions
Sec.30 of the Act says ‘Subject to the provisions of this Act, every advocate whose name is entered in the State roll shall be entitled as right to practice throughout the territories to which the act extends-
(i) In all courts including Supreme Court
(ii) Before any tribunal or person legally authorized to take evidence
(iii) Before any other authority or person before whom such advocate is by or under any law for the time being in force entitled to practice.
SECTION 23-RIGHT TO PRE-AUDIENCE
(1) The Attorney General of India shall have pre-audience over all other advocates.
(2) The Solicitor-General of India shall have pre-audience over all other advocates (Subject to the provisions of sub-section (1),
(3) The Additional Solicitor-General of India shall have pre-audience over all other advocates. (Subject to the provisions of sub-sections (1) and (2))
1[(The second Additional Solicitor-General of India shall have pre-audience over all other advocates (Subject to the provisions of sub clause (1),(2),(3))]
(4) The Advocate General of any State shall have pre-audience over all other advocates, and, the right of pre-audience among them will be decided on the basis of their seniority( Subject to the provisions of sub-section (1), (2), (3) and (3A)).
(5) Subject as aforesaid-
(i) Senior advocates shall have pre-audience over other advocates; and
(ii) The right of pre-audience over senior advocates and other advocates will be decided on the basis of seniority.
DISPUTES REGARDING SENIORITY (Sec.21 of The Advocates Act)
(1)Where the date of seniority of two or more persons is the same, the one who is senior in age shall be considered to the other.
(2)If any dispute arises regarding the seniority of any person, it shall be decided by the State Bar Council.
ARTICLES RELATED TO SENIOR ADVOCATE
CONTEMPT OF COURT BY SENIOR ADVOCATE
Five days after senior advocate Virender Kumar Jain appeared in the Punjab and Haryana high court in kurta-pyjama and entered into a spat with a judge, the court on Friday issued him a notice for criminal contempt of court for misbehaviour and not following the dress code in the court. The notice was issued by the court headed by justice Rajive Bhalla, on which senior advocate has to file his reply by November 6.
On October 5, Jain was to appear before justice Rakesh Kumar Garg’s court for arguing a case, but his junior advocate had made a request for adjournment, citing the senior advocate’s personal difficulty to appear. Thereafter, the court called advocate JL Malhotra, on whose name the affidavit was submitted in the case. After some time, Malhotra appeared along with Jain, who was in kurta-pyjama. On this, justice Garg pointed out that the senior advocate was not in proper dress.
It was then that the spat broke between the two. Finally, justice Garg retired to his chamber.Later, when the judge came back to the court, the senior advocate allegedly started heated arguments in the presence of the high court bar association’s president, Anmol Rattan Singh Sidhu.
On this, justice Garg had referred the matter to the chief justice for his intervention and appropriate directions. After considering justice Garg’s report, the chief justice referred the matter to be heard by justice Bhalla, who in turn issued a notice to Jain on Friday, seeking his response.When contacted, Jain refused to comment on the matter.
Senior advocate Virender Kumar Jain, who was issued notice for criminal contempt of court by the high court for appearing in a kurta-pyjama in the court and entering into a verbal spat with a judge, has moved the Supreme Court seeking transfer of his case to the high court of some other state.
Appearing before the division bench headed by justice Rajive Bhalla on Wednesday, Jain said, “I had filed a petition for transfer of the contempt case from the Punjab and Haryana high court to the Himachal Pradesh high court. But it was returned to me with some observations. I am soon going to file the petition again.”
Jain said, “It (petition) may come up for hearing in December. I just want to bring the facts on record. So I want adjournment here.”On this, the court adjourned the case for next hearing saying, “It is for the Supreme Court to decide whether it would go to the Himachal Pradesh high court or some other high court.”
On October 5 2013, Jain was to appear before justice Rakesh Kumar Garg’s court for arguing a case but his junior advocate had made a request for adjournment citing the senior advocate’s difficulty to appear. Thereafter the court called advocate JL Malhotra, on whose name the affidavit was submitted in the case.After some time, advocate Malhotra appeared along with senior advocate Jain who was in a kurta pyjama. On this, justice Garg pointed out that the senior advocate was not in a proper dress. It was then that the verbal spat ensued between the two and finally justice Garg retired to his chamber. But after some time when the judge came back to the court, the senior advocate allegedly started a heated argument in the presence of high court bar association president Anmol Rattan Singh Sidhu.
On this, justice Garg had referred the matter to the chief justice for his intervention and appropriate directions. The chief justice referred the matter to be heard by justice Bhalla, who issued notice to Jain on October 11 2013 seeking his response.Jain was also issued a show cause notice by the high court on the administrative side as to why the status of the senior advocate given to him in 1989 should not be withdrawn for his misconduct.
TRANSPARENCY IN APPOINTMENT OF SENIOR ADVOCATE
The Supreme Court on 24th July 2015 issued notice to the Supreme Court Bar Association, the Bar Council of India, apex court registry, the law ministry, attorney general Mukul Rohatgi, and the Supreme Courts Advocates on Record Association on a plea challenging the designation of senior advocates.
A bench that comprised justices T.S. Thakur, V. Gopala Gowda and R. Banumathi asked them to act on the plea filed by Indira Jaising- former additional solicitor general.
Jaising had, on 7 July 2015, challenged the ‘lack of a definite criteria and lack of transparency’ in the appointment of senior advocates by the Supreme Court by way of a PIL.
In her petition, Jaising said that there were no criteria for determining excellence in advocacy and those lawyers who are expertise in human rights issues; family law and other law subjects did not often get designation of Senior Advocate.
The law prescribes that the high courts will give the designation of senior advocate to a practicing advocate on the basis of his ability, special knowledge and experience in law, and then he would deserve the post of Senior Advocate.
Further, senior advocates have the right of pre-audience as given under Section 23 of the Advocates Act, 1961.Indira Jaising was designated as a senior advocate by the Bombay high court in 1986.
SOME FAMOUR SENIOR ADVOCATES
He obtained a law degree at an early age of 17 and started practicing law in his hometown (now in Pakistan) before the partition of India He has been India’s Union Law Minister and also served as Chairman of Bar Council of India. He has represented many cases including the high-profile cases for which he has faced criticism also. He is the highest paid lawyer in India. He was elected as member of Bharatiya Janata Party (BJP) and got a ticket from Mumbai. He has served as Law Minister of India and also as Minister of Urban Development when Atal Bihari Vajpayee was the Prime Minister against whom he later on contested election in General Elections of 2004 from Lucknow constituency. Now he has been expelled from the party. He has appeared in many high-profile cases like
‘ Defence of Manu Sharma in Jessica murder case
‘ Defence of Rajiv Gandhi’s killers in Madras High Court in year 2011.
‘ Defence of killers of Indira Gandhi
‘ Defence of Harshad Mehta in stock market scam
‘ Defence of Ketan Parekh in stock market scam
He is one of India’s leading lawyers, in the areas of constitutional, commercial and taxation laws. He primarily practices at the Supreme Court of India He served as the Solicitor General of India from 1 November 1999 to 3 November 2002. Salve qualified as a Chartered Accountant and practiced as a CA specializing in taxation before heading to practice as an advocate He was inspired by Nani Palkhivala, a reputed tax lawyer from Mumbai.
The first Anti-Dumping case was argued by Harish Salve in the Supreme Court of India. He frequently represents large corporations like Reliance Industries Limited of Mukesh Ambani in famous cases like the Krishna Godavari Basin gas dispute case against the Anil Ambani’s Reliance Natural Resources Limited. Salve represented Vodafone in its $2.5 billion tax dispute with the Indian government. He initially lost the case in the Bombay High Court, but later won it at the Supreme Court after moving to London residing in a temporary residence and also shifting his office there to solely focus on the case.
In 2015, He took up the famous hit-and-run case of Actor Salman Khan. The actor was earlier sentenced to five years in jail by TADA Court for a 2002 hit-and-run accident that left one man dead and four others injured. Ever since Mr. Salve has taken up the case there has been speculation that for how much time will the actor be in jail. As a result High Court suspended the TADA Court decision and actor didn’t go to jail for even one day.
He has served as the Solicitor General of India from 2009-2011.
He commenced his career with Shardul S. Shroff, who established Amarchand & Mangaldas & Suresh A Shroff & Co in Delhi in 1980. In 1993, Mr. Subramaniam was designated a Senior Advocate by the Supreme Court.This man is youngest to be given the post of Senior Advocate by Supreme Court.
His experience includes:
‘ Acted as counsel to inquire into lapses of security leading to the assassination of former Prime Minister of India Mr.Rajiv Gandhi
‘ In 1993 acted as the prosecuting counsel for the Central Bureau of Investigation (CBI) in the trial of persons accused of in 1993 bomb blasts. He acted as CBI’s counsel in this matter till 2012 when appeals in this trial were heard by the Supreme Court.
‘ Acted as a special commissioner appointed by the Supreme Court in 1994-1995 for investigating the allegations on wrongful detention of persons in mental hospitals of Assam.
‘ He was appointed as counsel to a judicial commission headed by Justice K. Venkataswamy (a former Supreme Court judge) in 2001 to inquire into sting operations carried out by a news publication to expose corruption in defence procurement transactions.
As a senior law officer to the Government of India, Mr. Gopal represented as lead counsel of the Government in many matters involving complex questions of constitutional and criminal law such as:
‘ In the prosecution of terrorist Ajmal Kasab Mr.Subramaniam acted as the Special Public Prosecutor,Ajmal Kasab was the only surviving terrorist who was invoved in the attacks on Mumbai on 26th November 2008.
‘ Acted as lead counsel for the Union of India in the matter of Ashoka Kumar Thakur v. Union of India, where he defended state-sponsored reservations for OBC’s of persons in India.
‘ Acted as lead counsel for the Government of India in 2010-2011 in litigation concerning 2G scam.
‘ Advocates Act 1961
‘ Bar Council of India Rules 2013
This article is about the modern legal profession. For the historic official, see Advocatus. For the alcoholic drink, see Advocaat. For the promotion of a cause or point of view, see Advocacy. For other media called "The Advocate", see The Advocate (disambiguation).
19th-century painting of advocates, by French artist Honoré Daumier
|Competencies||Good memory, advocacy and interpersonal skills, analytical mind, critical thinking, commercial sense|
|Barrister, Judge, Jurist|
An advocate in this sense is a professional in the field of law. Different countries' legal systems use the term with somewhat differing meanings. The broad equivalent in many English law-based jurisdictions could be a barrister or a solicitor. However, in Scottish, South African, Italian, French, Spanish, Portuguese, Scandinavian, Polish, South Asian and South American jurisdictions, advocate indicates a lawyer of superior classification.
"Advocate" is in some languages an honorific for lawyers, such as "Adv. Sir Alberico Gentili". "Advocate" also has the everyday meaning of speaking out to help someone else, such as patient advocacy or the support expected from an elected politician; those senses are not covered by this article.
United Kingdom and Islands
England and Wales
In England and Wales, advocates and proctors practised civil law in the Admiralty Courts and also, but in England only, in the ecclesiastical courts of the Church of England, in a similar way to barristers and attorneys in the common law and equity courts.
Advocates, who formed the senior branch of the legal profession in their field, were Doctors of Law of the Oxford, Cambridge, or Dublin and Fellows of the Society of Doctors' Commons.
Advocates lost their exclusive rights of audience in probate and divorce cases when the Crown took these matters over from the church in 1857, and in Admiralty cases in 1859. The Society of Advocates was never formally wound up, but its building was sold off in 1865 and the last advocate died in 1912.
Barristers were admitted to the Court of Arches of the Church of England in 1867. More recently, Solicitor Advocates have also been allowed to play this role.
Isle of Man
Advocates are the only lawyers with rights of audience in the courts of the Isle of Man. An advocate's role is to give advice on all matters of law: it may involve representing a client in the civil and criminal courts or advising a client on matters such as matrimonial and family law, trusts and estates, regulatory matters, property transactions and commercial and business law. In court, advocates wear a horsehair wig, stiff collar, bands and a gown in the same way as barristers do elsewhere.
To become an advocate, it is normally necessary to hold either a qualifying law degree with no less than lower second class (2:2) honours, or else a degree in another subject with no less than lower second class (2:2) honours complemented by the Common Professional Examination. It is then necessary to obtain a legal professional qualification such as the Bar Professional Training Course or the Legal Practice Course. It is not, however, necessary actually to be admitted as an English barrister or solicitor to train as an advocate.
Trainee advocates (as articled clerks are now more usually known) normally undertake a period of two years’ training articled to a senior advocate; in the case of English barristers or solicitors who have been practising or admitted for three years this training period is reduced to one year. Foreign lawyers who have been registered as legal practitioners in the Isle of Man for a certain period of time may also undertake a shorter period of training and supervision. During their training, all trainee advocates are required to pass the Isle of Man bar examinations, which include papers on civil and criminal practice, constitutional and land law, and company law and taxation, as well as accounts. The examinations are rigorous and candidates are limited to three attempts to pass each paper.
Senior English barristers are occasionally licensed to appear as advocates in cases expected to be unusually long or complex, without having to pass the bar examination or undertake further training: they are permitted only to act in relation to the matter for which they have been licensed. Similarly, barristers and solicitors employed as public prosecutors may be licensed to appear as advocates without having to pass the bar examination or undertake further training: they are permitted only to act as such only for the duration of that employment.
The professional conduct of advocates is regulated by the Isle of Man Law Society, which also maintains a library for its members in Douglas. While advocates in the Isle of Man have not traditionally prefixed their names with 'Advocate' in the Channel Islands manner, some advocates have now started to adopt this practice.
Faculty of Advocates
Main article: Faculty of Advocates
Advocates are regulated by the Faculty of Advocates in Edinburgh. The Faculty of Advocates has about 750 members, of whom about 460 are in private practice. About 75 are Queen's Counsel. The Faculty is headed by the Dean of the Faculty who, along with the Vice-Dean, Treasurer, Clerk are elected annually by secret ballot.
The Faculty has a service company, Faculty Services Ltd, to which almost all advocates belong, that organises the stables and fee collection. This gives a guarantee to all newly called advocates of a place. Until the end of 2007 there was an agreement with the Law Society of Scotland, which is the professional body for Scottish solicitors, as to the payment of fees, but this has now been replaced by the Law Society. It remains the case that advocates are not permitted to sue for their fees, as they have no contractual relationship with their instructing solicitor or with the client. Their fees are honoraria.
Advocates wear wigs, white bow-ties (or falls in the case of senior counsel), straps and gowns as dress in court.
Becoming an advocate
The process of becoming an advocate is referred to as devilling. All Intrants will be Scottish solicitors, i.e. hold a Bachelor of Laws degree and the Diploma in Legal Practice, and must have completed the traineeship of two years (which in some cases may be reduced to eighteen months) required to qualify as a solicitor; or else will be members of the Bar in another common law jurisdiction.
Admission to the Faculty of Advocates
At the end of the devilling period, a devil's admission to the Faculty is dependent on certification by the principal devilmaster that the devil is a fit and proper person to be an advocate and that the devil has been involved in a wide range of work in the course of devilling. A devil's competence in a number of aspects of written and oral advocacy is assessed during devilling, and if a devil is assessed as not competent, he or she will not be admitted to the Faculty. Further details of this process can be found in the assessment section.
In recent years, increasing numbers of advocates have come to the Scottish Bar after some time as solicitors, but it is possible to qualify with a law degree, after twenty-one months traineeship in a solicitor's office and almost a year as a 'devil', or apprentice advocate. There are exceptions for lawyers who are qualified in other European jurisdictions, but all must take the training course as 'devils'.
Until 2007, a number of young European lawyers were given a placement with advocates under the European Young Lawyers Scheme organised by the British Council. They are known as 'Eurodevils', in distinction to the Scottish 'devils'. This scheme was withdrawn by the British Council. In January 2009, a replacement scheme began.
Lawyers qualified in other European Union states (but not in England and Wales) may have limited rights of audience in the Scottish supreme courts if they appear with an advocate, and a few solicitors known as 'solicitor-advocates' have rights of audience, but for practical purposes advocates have almost exclusive rights of audience in the supreme courts - the High Court of Justiciary (criminal), and the Court of Session (civil). Advocates share right of audience with solicitors in the sheriff court and Justice of the Peace Court.
It used to be the case that Advocates were completely immune from suit etc. while conducting court cases and pre-trial work, as they had to act 'fearlessly and independently'; the rehearing of actions was considered contrary to public interest; and Advocates are required to accept clients, they cannot pick and choose. However, the seven-judge English ruling of Arthur J.S. Hall & Co. (a firm) v. Simons 2000 (House of Lords) declared that none of these reasons justified the immunity strongly enough to sustain it. This has been followed in Scotland in Wright v Paton Farrell (2006) obiter insofar as civil cases are concerned.
Jersey and the Bailiwick of Guernsey
The Bailiwick of Jersey and the Bailiwick of Guernsey (Guernsey, together with the two semi-autonomous Islands of Alderney and Sark, and together with other Islands) are two separate legal jurisdictions, have largely two different sets of laws and have two separate, but similar, legal professions. In both jurisdictions, advocates—properly called Advocates of the Royal Court—are the only lawyers with general rights of audience in their courts.
To be eligible to practise as an advocate in Jersey, it is necessary first to have a law degree from a British university or a graduate diploma in law and to have qualified as a recognized legal professional in England and Wales, Scotland or Northern Ireland. Thereafter, a candidate must undertake two years of practical experience in a law office dealing with Jersey law, enroll on the Jersey Law Course provided by the Institute of Law, Jersey and pass examinations in six subjects. Alternatively, a person may apply to become a Jersey advocate two years after qualifying as a Jersey solicitor.
To become an advocate in Guernsey, one has to possess a valid law degree or diploma, plus a qualification as an English barrister or solicitor, or a French avocat. They must then study for the Guernsey Bar. Three months of study of Norman law at the Université de Caen (University of Caen) is required; this is no longer required for entry into the legal profession in Jersey.
Guernsey Advocates dress in the same way as barristers, but substitute a black biretta-like toque for a wig, while those in Jersey go bare-headed. Advocates are entitled to prefix their names with 'Advocate'; e.g. Mr Tostevin is called to the Guernsey Bar and is henceforth known as Advocate Tostevin.
The head of the profession of advocate in each Bailiwick is called the Bâtonnier.
Germany and Scandinavia (Denmark, Norway, Sweden and Finland)
Main article: Advokat
Germany and the Scandinavian countries and Finland have a united legal profession, which means that they do not draw a distinction between lawyers who plead in court and those who do not. To get an official recognition with an advocates title, the candidate must have a legal degree, that is, completed ca. 5–6 years of legal studies, and in addition worked for some time (around 2 – 5 years) under the auspices of a qualified advocate and have some experience from court. When qualified, the candidate may obtain a license as an advocate, in all the Scandinavian languages: advokat. In Finland advokat is the Swedish title for such a qualified lawyer (the equivalent title in Finnish being asianajaja). However, apart from Germany, one does not necessarily have to be an advocate to practice law. In Sweden, for example, any adult can practice law and represent a party in court without any prior approval, training, licence or advocate title.
In English, the Scandinavian title of advokat is interchangeably also translated as barrister, lawyer or attorney-at-law.
In South Africa, there are two main branches of legal practitioner: attorneys, who do legal work of all kinds, and advocates, who are specialists; see Attorneys in South Africa. In general, advocates (also called 'counsel') are 'briefed' by attorneys when a specialist skill in court based litigation, or in research into the law is required; advocates have no direct contact with clients, and are said to be in a 'referral' profession.
The key formal distinction, however, is the different rights with regard to the courts in which they may appear. Advocates have the right to appear in any court, while attorneys have the right to appear only in the lower courts. (And, under certain conditions, can acquire the right of appearance in the superior courts, by applying to the registrar of the provincial division of the relevant High Court.) A further distinction is that while attorneys practice in partnership, advocates are individual practitioners and never form partnerships; practice in "Chambers" and / or "Groups" is standard.
The requirements to enter private practice as advocates (Junior Counsel) are to hold the LL.B. degree, and to become a member of a Bar Association by undergoing a period of training (pupilage) for one year with a practicing Advocate, and to sit an admission examination. See Legal education in South Africa.
On the recommendation of the Bar Councils, an advocate "of proven experience and skill" with at least ten years experience, may be appointed by the President of South Africa as a Senior Counsel (SC; also referred to as a "silk"). When a junior advocate is viewed in the eyes of any particular Senior Counsel (Silk) as having commended him or herself in the profession so as to warrant recognition for excellence, he or she is commonly rewarded with a traditional gift of a red brief bag.
State advocates act as public prosecutor in High Court matters, typically in cases requiring preparation and research. They are appointed by the National Prosecuting Authority and are attached to the Office of the National Director of Public Prosecutions.
Different levels of Advocate exist in Pakistan:
The first level is the Advocate, who is eligible to practice in the district courts or lower courts in respective province. One can qualify as an Advocate after completion of a law degree (LL.B of three years), six months pupillage under a senior Advocate in his/her chambers and thereafter to go for Bar admission test, the Bar Council of the relevant province examine him/her that he is fit or not to become as an Advocate and is not convicted. After passing the multiple choice question examination and interview conducted by provincial Bar Council, the Bar Council will issue him/her the license for appearing before the Courts.
Advocate High Court
After completion of two years practice Advocate then can apply for Advocate High court practicing certificate/ license and after an interview they can apply for Advocate High Court license.
Advocate Supreme Court
Advocate Supreme Court is the third level. After successful completion of ten years of practice in the High Courts by applicant, the panel of members of Pakistan Bar Council and one judge of the Supreme Court of Pakistan, review the application.(Before 1985 the requirement was successful completion of five years practice in the High Courts of Pakistan.) Over fifty percent of applications are accepted, after successful completion of the requirement. An unsuccessful application in one year, does not bar the candidate from re-applying in the next judicial year.
Senior Advocate of Supreme Court of Pakistan
The highest level is the Senior Advocate Supreme Court. It is Pakistan's title equivalent to Queen's Counsel in the United Kingdom. After at least fifteen years of practice, by invitation or by an application to a panel of Supreme Court Judges headed by the Chief Justice of Pakistan, one can become Senior Advocate of Supreme Court of Pakistan. Very few applications are accepted and even fewer invitations are made. Attorneys General are usually invited by the Supreme Court on appointment, to the office. So are some notable High Court judges who upon retirement choose to practice before the Supreme Court, where they are still eligible to do so.
In India, the law relating to the Advocates is the Advocates Act, 1961 introduced and thought up by Ashok Kumar Sen, the then law minister of India, which is a law passed by the Parliament and is administered and enforced by the Bar Council of India. Under the Act, the Bar Council of India is the supreme regulatory body to regulate the legal profession in India and also to ensure the compliance of the laws and maintenance of professional standards by the legal profession in the country.
Each State has a Bar Council of its own whose function is to enroll the Advocates willing to practice predominately within the territorial confines of that State and to perform the functions of the Bar Council of India within the territory assigned to them. Therefore, each law degree holder must be enrolled with a (single) State Bar Council to practice in India. However, enrollment with any State Bar Council does not restrict the Advocate from appearing before any court in India, even though it is beyond the territorial jurisdiction of the State Bar Council which he is enrolled in.
The advantage with having the State Bar Councils is that the work load of the Bar Council of India can be divided into these various State Bar Councils and also that matters can be dealt with locally and in an expedited manner. However, for all practical and legal purposes, the Bar Council of India retains with it, the final power to take decisions in any and all matters related to the legal profession on the whole or with respect to any Advocate individually, as so provided under the Advocates Act, 1961.
The process for being entitled to practice in India is twofold. First, the applicant must be a holder of a law degree from a recognized institution in India (or from one of the four recognised Universities in the United Kingdom) and second, must pass the enrollment qualifications of the Bar Council of the state where he/she seeks to be enrolled. For this purpose, the Bar Council of India has an internal Committee whose function is to supervise and examine the various institutions conferring law degrees and to grant recognition to these institutions once they meet the required standards. In this manner the Bar Council of India also ensures the standard of education required for practicing in India are met with. As regards the qualification for enrollment with the State Bar Council, while the actual formalities may vary from one State to another, yet predominately they ensure that the application has not been a bankrupt /criminal and is generally fit to practice before courts of India.
Enrollment with a Bar Council also means that the law degree holder is recognized as an Advocate and is required to maintain a standards of conduct and professional demeanor at all times, both on and off the profession. The Bar Council of India also prescribes "Rules of Conduct" to be observed by the Advocates in the courts, while interacting with clients and even otherwise.
All Advocates in India are at the same level and are recognized as such. Any distinction, if any, is made only on the basis of seniority, which implies the length of practice at the Bar. As a recognition of law practice and specialization in an area of law, there is a concept of conferral of Senior Advocate status. An Advocate may be recognized by the Judges of the High Court (in case of an Advocate practicing before that High Court) or by the Supreme Court (in case of the Advocate practicing before the Supreme Court). While the conferral of Senior Advocate status not only implies distinction and fame of the Advocate, it also requires the Senior Advocate to follow higher standards of conduct and some distinct rules. Also, a Senior Advocate is not allowed to interact directly with the clients. He can only take briefs from other Advocates and argue on the basis of the details given by them.From the year 2010 onwards a mandatory rule is made for lawyers passing out from the year 2009-10 to sit for an evaluation test named AIBE ( All India Bar Exam ) for one to qualify as an advocate and practice in the courts. However to practise Law before the Supreme Court of India, Advocates must first appear for and qualify in the Supreme Court Advocate on Record Examination conducted by the Supreme Court.
Further, under the Constitutional structure, there is a provision for elevation of Advocates as judges of High Courts and Supreme Court. The only requirement is the Advocate must have a ten years standing before the High Court(/s) or before the Supreme Court to be eligible for such. (Article 217 and 124 of the Constitution of India for High Courts and Supreme Court respectively)
In Bangladesh, after passing the Higher Secondary School Certificate, one can apply for admission for studying Law in Universities. There are several public and private universities which provide Bachelor of Laws and Master of Laws degree in Bangladesh. Generally the L.L.B. course is equivalent to four year bachelor's degree. Graduate lawyers have to seat for and pass the Bar Council Exam to become advocates.
Advocate of Supreme Court
By passing the Bar Council Exam, advocates are eligible to practice in the Supreme Court of Bangladesh and other courts. A license is obtained after successful completion of two year's practice in the lower courts by applicant, which is reviewed by a body of the relevant provincial Bar Council. Most applications after successful completion of the requirement, are accepted.
In Sri Lanka (formally Ceylon) till 1973 Advocate was a practitioner in a court of law who is legally qualified to prosecute and defend actions in such court on the retainer of clients. Advocates had to pass the HSC exam and enter the Sri Lanka Law College and follow the relevant course. Following changers in 1973 the title was replaced with Attorney at law. The current equivalent to an advocate is a counsel who is a trial lawyer distinguished from an instructing attorney.
In Brazil, the bar examination occurs nationally in March, August and December. These examinations are unified and organized by the Order of Attorneys of Brazil. After 5 years in law school, Brazilian law students take the Bar exam, that consists of 2 phases: the multiple choice test and written test, without further requirements.
The Constitution of Brazil applies restrictions on professional practice of law embodied in the fulfillment of the requirements and qualifications they require, which may include, in addition to graduation formal submission of the applicant in the proficiency tests. And the Order exam is tied to Law No. 8609 of 4/7/1994:
"Article 8: For registration as an attorney is needed: IV - To pass the Examination of the Order;"
Within its powers expressly granted by the Constitution, the ordinarylegislator demanded that whoever wishes to pursue the legalprofession, possess the degree of Bachelor of Law and approval of Examination of Order, whose preparation and implementation is done by their own class. As seen, no unconstitutionality in sight. The Constitution itself provides for the restriction. Nor is there any illegality, since the Statute of Law requires the examination.
Moreover, the argument that the exam is legitimate, but would be charging a very high level of legal knowledge, similar to competitions such as the judiciary or prosecutors, absolutely unfounded. The examination has been based for several years for practical intermediate level, some more difficult, others extremely simple, and absolutely commonplace themes and whose knowledge is absolutely necessary and indispensable to anyone who intends to practicelaw.
For comparison, in other Civil law countries, such as France and Italy, the method of the Bar examination is more difficult than in Brazil. The French situation is that concluded the law school, attend a compulsory course of 1 year and conduct a mandatory stage of 2 years, after completion of such compulsory course. Totaling of 8 years of study of law. The Italian situation is after graduation is essential that the applicant make a compulsory training of legalpractice of 2 years. After the biennium, as evidenced by the practice participation in hearings and dispensing of pleadings, the applicant may submit to the examination. This consists of written and oraltests. Approved, can take the oath and sign up for organ class. However, the capacity is not total, due the Italian statute to demand 12 years of advocacy for candidacy before the Corte di Cassazione (Court of Cassation) and other High Courts (Law 27/1997).
In spite of that, the bar exam in Brazil approves very few candidates and is considered a hard exam. For instance, in February 2014, the Bar association made a release stating that only 19.64% of candidates had been approved in the last exam and, therefore, were able to register as lawyers.
In Dutch law, the law relating to the Advocates is the Advocates Act. Under the Act, the Dutch bar association (Orde van Advocaten) regulates the professional conduct and the professional education of the advocates.
A Dutch advocate has to complete Dutch bar education and fulfill certain requirements (which may vary among the various judicial regions within the Netherlands) under the supervision of a senior advocate for a period of at least three years, called the 'advocaat-stage'. After completing the bar education exams, the junior advocate is admitted unconditionally to the Dutch bar.
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