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  • Shagun Agarwal

ENROLLMENT AND RIGHTS OF ADVOCATES

Written by: SHAGUN AGARWAL , LL.B.(3y), SCHOOL OF LAW, LOVELY PROFESSIONAL UNIVERSITY, PUNJAB

ABSTRACT

One of the most prominent careers in society is practicing law. A member of the legal

profession, whether it as an advocate, judge, or attorney, is universally regarded as one of the

most esteemed individuals in society. It as stated that a person's life is only protected by the

professions of la and medicine. Being a lawyer is an evergreen career that does not need you

to resign from your position. Not everyone is qualified to work as an advocate and present

arguments before judges. A reader may no wonder in general, " who is an advocate?" The

admittance and enrollment of Advocates served as the foundation for today's topic. A

professional or an authority in the legal sector is an advocate. The Advocates Act, 1961,

which as introduced by India's then-la minister Ashok Kumar Sen, is the legislation that

governs advocates. The Bar Council of India is in charge of and responsible for carrying out

the Advocates Act, 1961, which as enacted by Parliament. The primary administrative

organisation responsible for overseeing the integrity of the legal system in India is the Bar

Council of India.

‘’ALL ADVOCATES ARE LA YERS BUT NOT ALL LA YERS ARE ADVOCATES’’

INTRODUCTION

The range of professions that fall within the purvie of law is varied. The variety includes

judges, magistrates, solicitors, advocates, legal practitioners, and other positions recognised

by the Indian legal system.

CONCEPT OF LAWYERS, ADVOCATES AND PRACTITIONER

LAWYER

A person with an LL.B. (Legum Baccalaureus), or bachelor's degree in law , is considered a

lawyer. A lawyer is someone who is actively seeking an LL.B. or legal degree. It is not

permissible for a la yer to represent a client in court by appearing before the bench and

making arguments on their behalf. A person ith a bachelor's degree in la is referred to as a

lawyer.

ADVOCATES

A graduate of la ho is registered ith the Bar Council of India (BCI) is known as an advocate.

An advocate is qualified to argue on behalf of his client before the judge and represent him in

court. The BCI oversees and regulates an advocate's actions. A friend or official of the court

is known as an advocate. An attorney, barrister, or attorney at large other terms for an

advocate.

LEGAL PRACTITIONER

An advocate, lawyer, or attorney in any Indian court is referred to as a legal practitioner.

HOW TO BECOME AN ADVOCATE

Among young people, becoming an advocate is usually a popular career choice. A legal

career empowers the general public as well as the individual practicing la . It is the duty of an

advocate in a court of law to ensure that the victim receives justice. An advocate is an

essential part of the legal system.

LL.B (BACHELOR’S DEGREE IN LAW )

Then it comes to professional courses, the legal profession still has a higher inclination

among young people in the twenty-first century than other professions. Following their

Higher Secondary Certificate (HSC) test, students have the option to enroll in an integrated

legal study. The five-year programme is an integrated education in law . On the other hand,

students how to become advocates can enroll in a three-year LL.B programme after

graduating.

Legal practice is one of the most sought-after careers in the nation. Students from the nation's

elite universities are eager to start their legal careers. National level exams like the Common

legal Admission Test (CLAT), All India Law Entrance Test (AILET), State Common

Entrance Test for Law (MAH LL.B), and other state level entrance tests are used to admit

students to the best legal institutes and universities. Although there is some rivalry for

admission to prestigious law schools, there are not enough spots to accommodate all those to

practise law .

REGISTRATION IN STATE BAR COUNCIL

To become an advocate, the last hurdle is to apply to the state Bar Council. Advocate Act,

1961 regulates the State Bar Council registration process. The Bar Council of India (BCI)

administers the All India Bar Examination (AIBE) subsequent to registration. After passing

the AIBE, the candidate received the Certificate of Practice. State-by-state variations exist in

the State Bar Council registration procedure.

ADVOCATES ACT 1961

On August 16, 1961, the Advocates Act, 1961 came into effect, uniting the legal profession

under a single class of practitioners known as "Advocates." The Indian Bar Councils Act,

1926 as superseded by the Advocates Act, 1961, which also backed the 14th La

Commission Report in order to carry out the All India Bar Committee's proposal.

A legislative foundation and rules for legal practitioners are provided under the Advocates

Act, 1961. Its goal is to establish standard requirements for Bar enrollment. It specifies the

creation of State Bar Councils and the All India Bar Council. Its goal is to give uniform

procedures for State Bar Council registration and the qualifications needed to practise law in

courts. It also outlines the responsibilities and rights of an advocate in front of a judge or

client.

ADMISSION AND ENROLLMENT OF AN ADVOCATE

Advocates Act, 1961, Chapter III, contains la s for the enrollment and admission of

advocates. Section 24 of the Advocates Act of 1961 establishes the guidelines and

qualifications. In order to be admitted as an advocate on the State roll, one must comply these

condition.

In accordance with the Advocates Act of 1961, an individual must meet certain qualifications

in order to become an advocate. The following are the requirements:

 The individual has to be an Indian citizen.

 The individual needs to reach the age of 21.

 The individual has to have a degree in law .

 The individual must also meet all other prerequisites and restrictions outlined in the State Bar

Council's regulations.

 In order to enlist, the applicant must pay the necessary stamp duty costs as specified by the

Indian Stamp Act of 1989. The State Bar Council must receive the enrollment fee via bank

draft made payable to the State Bar Council.

A person is enrolled with the State Bar Council and granted temporary authorization to

practise as an advocate for a period of two years upon completion of the required registration. An

advocate registered ith the State Bar Council is required to pass the Bar Council of India's All

India Bar Examination (AIBE) within two years. Twice a year, or biannually, is the AIBE

held. The examination's location and timing may be determined by the Bar Council of India.

An advocate has the right to practise in any Indian court of law after passing the AIBE test.

DISQUALIFICATION OF AN ADVOCATE

A person ho is listed as an advocate with the Bar Council may be disqualified from the Bar.

Disqualification clauses guarantee civility and discipline among advocates. It also guarantees

judicial code of behaviour and professional ethics in the legal profession. The Advocates Act,

1961's Section 24(A) lays forth the conditions for disqualifying an advocate. If a person meets

any of the follo ing requirements, they cannot be admitted as an advocate.

A person is found guilty of an immoral offence.

A person is found guilty of a crime under the 1955 Untouchable (Offence) Act.

Any allegation involving immorality results in a person's termination from their position with

the State Government or their removal from service.

BAR COUNCIL OF INDIA

The Parliament formed the Bar Council of India (BCI)as a statutory body in accordance ith

Section 4 of the Advocates Act, 1961. The BCI is the supreme authority that oversees legal

education and practice in India. The Indian Bar Council provides the underprivileged ith free

legal help. Additionally, it ackno ledges international legal degrees earned in order to be

admitted as an advocate in India. Aspiring lawyers can receive legal education in the nation

from recognised law universities and colleges. BCI is in favour of fresh legal system reforms

in India that would provide the harmed parties with justice. BCI protects advocates' interests

and serves as a guardian. The BCI of India comprises many committees that address

particular topics, including the AIBE, executive, and legal aid committees.

STEPS TO ENROLL AS AN ADVOCATE IN INDIA

1. Education Requirement: A Bachelor of La s (LLB) from an accredited university or other

institution is required to work as an advocate. A bachelor's degree in any field can be

completed before enrolling in the LLB programme.

2. Council Register ith the State Bar: In order to practise law in the state here you ant to

finish your LLB degree, you must register with the State Bar Council. In India, each state has

its own Bar Council, with registration must be completed in accordance.

3. Acquire Enrollment Application Form: To acquire the enrollment application form, visit

the State Bar Council's office or its official website. As an alternative, you can obtain the

registration form from the website of various State Bar Councils, which permit online

registration.

4. Send in the Required Documents: Carefully fill out the enrollment application and send it to

 The State Bar Council ith the accompanying paper

 certified copies of the mark sheets and LLB degree

 passport-sized pictures

 Character reference from a reputable source

 Proof of address (voter ID, Aadhar card, etc.)

 evidence of nationality (birth certificate, passport, etc.)

 Admission charges (as outlined by the State Bar Council

5. Verification and Approval: The State Bar Council ill confirm the legitimacy of your LLB

degree and other documentation after receiving your enrollment application and th

required paper . Upon approval of your application, a provisional enrollment certificate will

be provided to you.

6. Finalise Internship/Training: You must complete an internship or training under a

practicing advocate in order to be recognised as a full-fledged advocate. The length of the

internship varies from state to state, but a year is the average term.

7. All India Bar Examination (AIBE): The Bar Council of India administers the All India Bar

Examination (AIBE), hich you must pass after finishing your internship. The AIBE is a

qualification exam designed to assess your legal and ethical understanding.Acquire the

Certificate of Practice: Following your successful completion of the AIBE, the State Bar

Council will provide you the Certificate of Practice. with this credential, you are able to

represent clients in India as an advocate.

RIGHTS OF AN ADVOCATES

RIGHT OF PRACTICE

In the context of the legal profession, the phrase "right to practise" refers to an advocate's

only right to represent clients in court and before tribunals. There are t o degrees of protection

for the right to practise:

General Protection: The Indian Constitution's Article 19(1)(g) guarantees people's freedom to

practice whatever they like.

Particular Protection: As per Section 30 of the Advocates Act, 1961, an individual registered

ith the State Bar Councils is eligible to represent himself in any Indian court or tribunal,

including the Supreme Court. Through a notification, the Central Government has brought

this provision into force.

RIGHT OF ADVOCATE TO REFUSE A CASE

If an advocate has good reason to think that taking a case goes against their professional

ethics or principles, or if they have a conflict of interest, they are free to decline it. ith the

help of this privilege, advocates are able to uphold their independence and moral character

without compromising their obligations to the court and their clients as professionals.

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 ay, and they have the right to decline representation if they have

valid reasons to do so.

RIGHT OF PRE-AUDIENCE

When an advocate testifies in court, they have the right to be heard first under Section 23 of

the Advocates Act. Additionally, advocates are entitled to remain silent until their whole

message is finished.

RIGHT TO FREEDOM OF SPEECH AND EXPRESSION OF A ADVOCATE

Advocates are entitled to the freedom of speech and expression, which includes the ability to

voice their thoughts and critiques of the court, the legal system, how it operates, and its

rulings. Article 19(1)(a) of the Indian Constitution, which ensures that every person has the

freedom of speech and expression, recognises this right as a basic one.

Advocates have the right to express their ideas or concerns about legal issues that impact their

clients or the legal profession at large, and they play a crucial role in defending the rights and

interests of their clients. Nonetheless, this privilege must be used sensibly and in accordance

with the advocates' code of conduct, which forbids making any disparaging or insulting

comments regarding the court system .

EXEMPTIONS FROM ARREST

S. 135 CPC assures all advocates that they ill not be detained in civil matters, with the

exception of situations involving criminal crimes and contempt of court, while travelling to,

appearing in person before, or leaving such a tribunal or court.

RIGHT TO ENTER IN ANY COURT

All advocates are permitted to practise in any Indian court or tribunal under section 30 of the

Act. They therefore have the right to join that tribunal or court even if they are not registered

there. whether or not he has a case, an advocate may enter the courtroom and take any seat to

watch the proceedings.

RIGHT TO MEET ACCUSED IN JAIL

There is no restriction on the number of times an advocate may see a client ho is detained.

The quantity of times they can meet with the clients is unrestricted.

PROFESSIONAL COMMUNICATION

Professional communication is defined as the exchange of information between an attorney

and his client under section 126 of the Indian Evidence Act. Such correspondence is not to be

disclosed.

RIGHT OF FEE

An advocate may charge fees in accordance ith Rule 11 of Chapter 2 of Part VI of the Bar

Council of India Rules. He exercises this privilege in accordance ith his position at the bar.

RIGHT ITH RESPECT TO VAKALATNAMA

A Vakalatnama that is signed in the advocate's name gives him the right to represent his client

just in that specific case. In addition, an advocate is permitted to support the Public

Prosecutor in a case and submit a memorandum of appearance on behalf of an accused person

for whom he is not the attorney.

DUTIES OF AN ADVOCATE TOWARDS HIS/HER CLIENT

An advocate is required to accept briefs from clients and charge a fee commensurate with the

amount requested by other advocates in the same bar and appropriate to the case. The

advocate might provide justification for rejecting a certain brief.

Once an advocate has committed to represent a client, it is their responsibility to do so. He

must provide the clients with enough notice and a good justification for his withdrawal from

the case.

He will provide the client a partial refund of the amount not yet incurred. An advocate has an

obligation to decline cases or briefs in which he ould testify as a witness. In the same way,

the advocate is a are that he will be testifying later in the case, he should withdraw from the

matter.

It is crucial that the client get complete and honest disclosures from the advocate on the

parties and their stake in the dispute.

To the best of his ability provide the finest legal advice.

Should uphold the confidentiality provision and refrain from disclosing the client's personal

information.

Must maintain track of the client's funds that have been entrusted to him and to furnish a copy

of those records upon request.

To notify the customer of any changes or to provide him with ongoing information.

To handle a client's problem with diligence.

Not to reopen the opposing party's case in the same instance after the client has withdrawn.

DUTIES OF AN ADVOCATE TOWARDS THE COURT

must continue treating the legal system and courts ith respect.

An advocate must act with honour and respect for oneself.

An advocate has an obligation to abstain from influencing and to allo the court's decision to

remain uninfluenced by any unlawful or unethical means.

hen an advocate appears in court, they should be clothed according to the guidelines.

The only place here he or she may ear a band and go n is the courtroom.

To refrain from appearing before a court or tribunal here a close relative may be a member.

Not to bring charges in a way that would intentionally lead to an innocent person being found

guilty.

CONCLUSION

In India, the rights of advocates are essential to guaranteeing their independence, moral

character, and efficacy in defending the law and representing their clients. Advocates

have the tools and safeguards they need to carry out their responsibilities to the court,

their clients, and society at large, thanks to these rights, which are codified in the

Advocates Act, 1961, and the principles of professional behaviour.

Advocates are entitled to practise their profession, openly voice their ideas, watch court

proceedings, and be paid fairly for their work. They also have the right to a private

meeting with the accused, the right to be free from arbitrary detention, and the right to

protect the confidentiality of their client communications.

These rights enable advocates to behave in a brave and knowledgeable manner. It's

crucial to remember, though, that advocates have obligations in addition to these rights.

Advocates how exercise their rights must do it with the utmost professionalism, ethics,

and integrity.

They have an obligation to protect client confidentiality, steer clear of conflicts of

interest, and zealously advocate their clients' interests within the parameters of the la

and professional ethics. Any failure to fulfil these obligations might lead to disciplinary

action by the Bar Council or other authorities, as well as damage to the integrity and

reputation of the legal profession.

In conclusion, the administration of justice and the operation of the legal system in India

depend critically on the rights of counsel. These privileges and their attendant

obligations enable advocates to successfully represent their clients, safeguard their

rights, and help the rule of law become stronger.

The greatest systems from many different nations have been combined to create the Indian

constitution. The Indian Constitution's drafters wisely included clauses from other nations

that provide Indians ith the best possible use and convenience. Advocacy entrance and

enrollment need a la graduate's constant perseverance rather than being easy. Recall that one

of the most recognised professions in the world is the legal profession. It is worth the work

that it takes to accomplish.

SUGGESTION

‘’THERE’S ALWAYS ROOM FOR A GOOD LAYER’’

A person who has enrolled in any roll under the terms of this Act is considered an advocate

under the Advocates Act, 1961. Under the Legal Practitioners Act, there were abnormal types

of solicitors before this Act. They included vakils, advocates, and attorneys. These classes

have been set apart under the Advocates Act, which only permits one class of Advocates. The

Advocates Act, 1961 as created to put the All India Bar Committee's recommendation into

practice, which as supported by the Law Commission's fourteenth report in 1955. with the

exception of the State of Jammu and Kashmir, the Act applies to all of India.

The Act intends to administrate for the formation of State Bar Councils and an All India Bar

in addition to correcting and unifying the la s pertaining to legal practitioners. It as

considered that the judicial administration should be changed gradually and in accordance

with the demands of the moment. After conducting an inspection, the First Law Commission

produced a report on judicial administration reforms. In 1953, the All India Bar Committee

also conducted an inspection and issued suggestions. Putting into practice the suggestions

given by the All India Bar Committee upon consideration of the recommendations provided

by the La Commission in its Fourteenth The Advocates Act as carried out, as far as it goes

through the Bar and legal education.The Advocates Act, which as approved by Parliament on

May 19, 1961, recognised the President's compliance.The Advocates Act seeks to establish a

single class of legal professionals known as "Advocates," harmonise them, and establish

consistent requirements for bar entrance.

REFERENCES

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