Professional Ethics

LAQ’S

Q1)Salient Features of Advocates Act,1961?

A) Introduction & Salient features:
The Advocates Act, passed by the Parliament received the assent of the President on
19th May 1961. Before this Act, there were different classes of legal practitioners called
pleaders, vakils, Lawyers, Attorneys," revenue agents, practicing under Legal
Practitioners Act" and other Acts.
The objective of the. Advocates Act is to integrate and constitute one class of legal
practitioners called "Advocates" (a common roll of advocates in India)- and to prescribe
uniform qualification for admission to the Bar.
Salient Features: "Advocate":
Sn.2 (a) of the Advocates Act 1961 defines an "Advocate". According to it, an Advocate
means " an advocate entered in any roll under the provisions of this Act." Before the
passing of this Act, there were different classes of legal practitioners recoginsed under
the Legal Practitioners Act. They were called as Advocates, lawyers, vakils , pleaders,
"revenue agent" etc. the Advocates Act has abolished these classes and has
recognised only one class of Advocates (Sn.29) On merits they are grouped as "Senior
Advocates" and "other advocates". The status of a Senior Advocate is conferred by the
High Court or the Supreme Court with the consent of such advocate.
The senior advocate is barred from taking minor legal work like drafting of pleadings,
notices,affidavits etc. An advocate duly enrolled in the "Common roll" is entitled to
practice in the Supreme Court and in any court, tribunal and in any other body where an
advocate is allowed to pratice (Sns.29 & 33). Any person, who is not on the rolls and
who practices law, is liable for punishment which may extend to 6 months imprisonment
(Sn.45).
"Common roll"
Sn.2(f) of the Advocates Act, defines a "Common roll" .This means the common roll
ofadvocates, prepared and maintained by the Bar Council of India under Sn.20 The
common roll consists of the names of Advocates duly entered in all the State rolls, and
also includes the names of the Supreme Court Advocates.
The common roll consists of two classes:
(i) Senior advocates, (ii) other advocates. Any dispute as to seniority is decided by the
State Bar Council in respect of state roll, and by the -Bar Council of India in respect of
common roll. The decision of the Bar Council is final.
State roll:
i) The Advocate Act defines State roll in Sn.2(n) It means a roll of advocates prepared
and
maintained by the State Bar Council under Sn.17.
ii) Every State Bar Council should prepare and maintain a roll of advocates.
This consists of the names and addresses of:
i) All persons who were advocates according to Indian Bar Council Act.
ii) All persons who are admitted as advocates under the Advocates Act.
iii) A person cannot be enrolled in more than one State Bar Council.
iv) Each state sends the roll of advocates to the Bar Council of India, and also additions
or omissions, from time to time. The Bar Council of India, prepares a common roll of
advocates from these State rolls.
Bar Council of India:
i) The Advocates Act 1961 has provided for the formation of the Bar Council of India as
an autonomous body, charged with certain duties and functions. Sn.2(e) defines the Bar
Council of India as the "Bar Council constituted under Sn.4 for the territories to which
this Act extends".
ii) Composition: Sn.4 It consists of
a) The attorney-General of India (ex-officio)
b) Solicitor General of India (ex-officio)
c) One elected member from each State Bar Council elected from amongst its
members). The Chairman & Vice Chairman are elected by the Council.
Tenure: Sn.4
a) For ex-officio members, the tenure is 2 years.
b) For others, they continue as long as they hold an office as members of the State Bar
Council.

iv) Status: Sn.5

The Bar Council of India is a body corporate and hence, a legal person. It is an
autonomous body. It is a legal 'person, having the right to acquire movable and
immovable properties and to sue and be sued. It has a common seal and is having
perpetual succession. It may become a member of the International Bar Association, or
International Legal Aid Association and send delegates to the international conferences
or seminars conducted by such bodies.
v) Functions: (Sn 7 with 1973 amendment).
The functions of the Bar Council of India are as follows:
a) Legal Profession:
i) To safeguard the rights interests and privileges of the Advocates.
ii) To lay down standards of professional conduct and etiquette for advocates.
iii) To promote Law reforms.
b) Supervision:
i) To supervise and control the State Bar Councils.
ii) To lay down the .procedures to be followed by the disciplinary committees of State
Bar Councils.

c) Legal Education:
i) To promote legal education in India and also to lay down educational standards. It
should consult the universities and State bar councils.
ii) To Recognise law degrees given by universities for enrolment as advocates, to visit
and inspect universities for that purpose.
d) Functional:
i) To conduct seminars, to arrange for lectures by legal experts and to publish legal
journals.
ii) To organise legal aid to the poor.
iii) To reorgnise foreign degree for admission to the Bar.
e) Fund Collection:
It may constitute one or more funds.
i) to give financial assistance to organize welfare schemes to the needy advocates.
ii) to give legal aid to them.
iii) to receive grants, donations etc.
f) Miscellaneous functions:
i) to resolve disputes regarding seniority in the common roll of advocates.
ii) to lay down rules to be followed by the disciplinary committees.
iii) to manage and invest the funds of the Bar Council of India,
iv) to provide for election of its members.
v) to perform all other function necessary under the Advocates Act.
vi) It may give directions to the State Bar Councils. Rule making powers: The Bar
Council of India has the authority to prescribe rules in various areas where it is to
function under the Act.
 e.g. i) to prescribe standards for legal education,
 ii) to recognise foreign degrees,
 iii) to prescribe the fee that may be levied,
 iv) Enrolment of advocates, etc

Q2) The duties towards client and court?

A)a 1. Duties of an Advocate towards the Court
Duty to uphold the dignity and decorum of the court
Advocates have a solemn duty to maintain the dignity and decorum of the court. They
must conduct themselves in a manner that upholds the dignity and respect of the
judiciary, and refrain from engaging in any act or behavior that may undermine the
integrity or authority of the court.
Advocates are expected to address the court with respect, use appropriate language,
and follow the court’s rules and procedures.
Duty to assist the court in the administration of justice
Advocates have a duty to assist the court in the administration of justice. They must
present their cases honestly, fairly, and with utmost sincerity. Advocates are officers of
the court and have a duty to ensure that justice is served and that the truth is brought
before the court. They must not withhold any material information from the court or
mislead the court in any manner.
Duty of confidentiality
Advocates have a duty to maintain the confidentiality of their client’s information. They
must not disclose any confidential information or privilege without their client’s consent
unless required by law. Advocates must protect their client’s interests and ensure that
their client’s information is not divulged to unauthorized persons.
Duty to be candid with the court
Advocates have a duty to be candid and forthright with the court. They must not
misrepresent facts, cite false authorities, or present misleading arguments.
Advocates must present their cases honestly and must not engage in any activity that
may undermine the integrity of the legal profession or the administration of justice.
Duty to respect the orders of the court
Advocates have a duty to respect and abide by the orders of the court, whether they
agree with them or not. Advocates must comply with the orders of the court and must
not engage in any activity that may obstruct or interfere with the administration of
justice.
Disrespecting or disregarding the orders of the court can have serious consequences,
including disciplinary action by the bar council.
Duty to be punctual and prepared
Advocates have a duty to be punctual and prepared for all court hearings and
proceedings. Advocates must arrive in court on time, be fully prepared with all
necessary documents, evidence, and arguments, and be ready to present their case
before the court.
Advocates must also be familiar with the relevant laws, rules, and procedures
applicable to their case, and must not cause any delays or adjournments due to their
lack of preparation.
Duty of fair and honest advocacy
Advocates have a duty of fair and honest advocacy in court. Advocates must not
knowingly make false statements, suppress material facts, or mislead the court or
opposing parties.
Advocates must present their case honestly, fairly, and in good faith, and must not
engage in any conduct that may compromise the integrity of the judicial process.
Advocates must also not indulge in any sharp practice or unethical tactics to gain an
unfair advantage in court.
Duty to refrain from criticism of the court
Advocates have a duty to refrain from making any unwarranted criticism of the court or
its officers. Advocates must not make derogatory remarks, use disrespectful language,
or engage in any conduct that may undermine the dignity or authority of the court.
Advocates must always maintain a respectful and professional demeanour in their
interactions with the court, even if they disagree with a court’s decision or ruling.
Duty to comply with court orders and directions
Advocates have a duty to comply with court orders and directions. Advocates must not
defy or obstruct the implementation of court orders or directions and must take
necessary steps to ensure compliance.
Advocates must also not engage in any conduct that may be deemed contumacious or
disobedient towards the court, as it undermines the authority and integrity of the judicial
system.
Duty to avoid frivolous or vexatious litigation
Advocates have a duty to avoid initiating or pursuing frivolous or vexatious litigation.
Advocates must thoroughly examine the merits of a case and advise their clients
accordingly.
Advocates must not file or defend a case that lacks legal or factual basis or is intended
solely to harass or burden the court or the opponent.
2. Duties of an Advocate towards Clients
Duty of loyalty and commitment
Advocates have a primary duty towards their clients. They must act in the best interests
of their clients and diligently represent their clients’ legal rights and interests. Advocates
must maintain a high level of loyalty, commitment, and confidentiality towards their
clients.
They must strive to achieve the objectives of their client’s cases to the best of their
abilities, within the bounds of law and ethics.
Duty to provide competent and diligent representation
Advocates have a duty to provide competent and diligent representation to their clients.
They must possess the requisite knowledge, skill, and expertise to handle the legal
matters entrusted to them.
Advocates must stay updated with the developments in the law and diligently prepare
and present their cases in a competent manner. They must also communicate with their
clients regularly and keep them informed about the progress of their cases.
Duty of disclosure and informed consent
Advocates have a duty to disclose all relevant facts to their clients and obtain their
informed consent before taking any action on their behalf. Advocates must provide
complete and accurate information to their clients regarding the legal implications, risks,
and possible outcomes of their cases.
Clients have the right to be fully informed about their legal matters and make informed
decisions based on the advice and information provided by their advocates.
Duty to avoid conflicts of interest
Advocates have a duty to avoid conflicts of interest between their clients and
themselves or their associates. Advocates must not represent conflicting interests that
may compromise their loyalty, integrity, or objectivity towards their clients.
They must disclose any potential conflicts of interest to their clients and obtain their
informed consent before proceeding with the representation.
Duty to maintain professional integrity and independence
Advocates have a duty to maintain professional integrity and independence. They must
not engage in any act that may compromise their integrity, independence, or
impartiality.
Advocates must not allow any undue influence, pressure, or consideration to interfere
with their professional judgment or compromise the interests of justice.
Duty to maintain communication and updates
Advocates have a duty to maintain regular communication and updates with their
clients. Advocates must keep their clients informed about the progress of the case,
court dates, developments, and any other relevant information.
Advocates must also promptly respond to their client’s queries, concerns, and
instructions, and not ignore or neglect their clients’ interests.
Duty to act in the best interests of the client
Advocates have a primary duty to act in the best interests of their clients. Advocates
must always prioritize their client’s rights, interests, and instructions, and not
compromise their clients’ position for their own personal gain or interests.
Advocates must act with loyalty, sincerity, and professionalism in advancing their client’s
cause.

3. Duties of an Advocate towards Public

Duty to promote access to justice
Advocates have a duty to promote access to justice and ensure that justice is
accessible to all, irrespective of their social, economic, or personal background.
Advocates must not refuse legal representation to any person on the grounds of
discrimination, bias, or prejudice.
They must strive to provide legal aid and pro bono services to the indigent and
marginalized sections of society.
Duty to promote legal education and awareness
Advocates have a duty to promote legal education and awareness among the general
public. They must strive to educate the public about their legal rights, obligations, and
remedies. Advocates must also contribute to legal research, writing, and publications to
enhance the knowledge and understanding of the law in society.
Duty to uphold the rule of law and social justice
Advocates have a duty to uphold the rule of law and promote social justice. They must
use their legal skills and knowledge to prevent and redress any violation of human
rights, injustice, discrimination, or abuse of power.
Advocates must also strive to eradicate corruption and promote transparency,
accountability, and fairness in the legal system.

Advocate’s Duty Towards the 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.

Advocates Duty towards himself:

1.Morality
2.Decency
3.Wise
4.Careful

Case laws
Ex. Capt. Harish Uppal vs. Union of India (2002)
The Supreme Court of India has held in this landmark decision that lawyers do not have
the power to strike or call for a boycott of the court.
Facts of the case
According to the facts, the petitioner is an ex-Army officer. The petitioner was assigned
to Bangladesh in 1972, after which he was charged with theft and appeared before an
Indian military court. He spent two years behind bars. He requested an audit of the case
through a pre-affirmation application in a civil court, and after an 11-year delay, when
the survey’s limitation period had passed, he received a response from the judge.
Documents and the application were found to have been missing following a violent
strike by lawyers. The petitioner submitted a special petition to declare unlawful
advocates’ strikes.
Issues involved
The question is whether lawyers have the right to strike.
Judgement of the case
The Supreme Court of India decided that attorneys do not have the power to call for a
boycott of the court or to go on strike, not in a purely symbolic way. On the other hand,
lawyers have the choice to peacefully protest outside the court building and away from
its premises by making press statements, participating in TV interviews, adhering to the
rules for court premises, posting additional notices, wearing armbands in black and
white or any other shade, holding dharnas, etc.
Pratap Chandra Mehta vs. State Bar Council of M.P & Ors, (2011)
Facts of the case
In this case, the State Bar Council of Madhya Pradesh made certain regulations beyond
its power given under Section 15 of the Advocates Act, 1961. The power of the council
to make rules has been provided under Section 15 of the Act, along with Rules 121 and
122A under the State Bar Council of MP Rules. However, these rules were amended
with the permission of the Bar Council of India. It was alleged that the regulations made
by the council were not at par with its power and, thus, ultra vires.
Issues involved
 Whether Rules 121 and 122A of the MP Rules are ultra vires to Section 15 of the
Advocates Act, 1961, which got approval from the Bar Council of India.
Judgement of the case
The court held that Rules 121 and 122A of the MP Rules are valid because they have
been approved by the Bar Council of India and that the State Bar Council does not
exceed its power given under Section 15 of the Act. It was also held that the rules of the
MP State Bar Council are unambiguous and correct, as they were made after the
approval of BCI.

Q3) Note on need for accountancy for Lawyers?

A) PURPOSE OF MAINTAINING ACCOUNTS BY LAWYERS
A business enterprise must keep a systematic record of its daily transaction. It is a legal
duty. It helps to know where its stand and adjudge its performance. This systematic
recording of transactions is known as accounting. Since legal profession is a trade,
lawyers are under duty to maintain systematic accounts relating to the profession.
The basic purpose of accounting is to present a complete financial picture of the
Advocates profession. This can be done with the help of two financial statements like
(i) Profit and loss account and (ii) Balance sheet showing the assests and liabilities. It is
necessary to maintain proper accounts to calculate the following
(i) Annual Income (ii) Income Tax (iii) Professional Tax (iv) Amount due to the
client or amount due by the client.
1. To calculate the annual income : To calculate the annual income of the Advocate
from the legal profession, it is necessary to maintain proper accounts of his income
from the profession. Maintaining this account is useful for Advocates also. By knowing
his Annual Income , he can take steps to improve his profession.
2. To Calculate income Tax : Advocates are liable to Pay Income tax for the income
derived from the profession. In order to calculate the amount payable as income tax, he
has to maintain proper accounts relating to his income and expenditure. To calculate
the taxable income he is entitled to deduct certain expenditure like rent, salary,
telephone bill and other administrative expenditure. For this purpose also he has to
maintain proper accounts.
3. To calculate professional tax: Every six months the advocates are liable to pay
professional tax to the Government. The amount of professional tax varies depending
on the income. In order to calculate the amount of professional tax he has to maintain
the proper accounts.
4. To Ascertain the amount due from the client or due to the client: The account
relating to the amount received from the client and the amount received on behalf of the
client from others or from the court should be properly maintained. Then only the
amount due from the client can be calculated. This will help not only the client but also
the Advocate.

PLACE OF KEEPING THE ACCOUNTS BOOKS.

The accounts books and documents relating to the accounts should be kept and
maintained by the advocate,
(i) At his office.
(ii) Where he is carrying on the profession more than one office, then at his head office.
But accounts can also be maintained separately for each branch at the respective
branch office.
Penalty for not keeping Account Books: A Lawyer who is legally liable to maintain
account books, fails to maintain it or fails to retain it for the prescribed period (cash
book and ledger-16 years, other books-8 years) is liable to pay penalty ranging from
Rs.2000/- to 1,00,000/- (S.271 A ). Bar council Rules relating to accounting Accounting
is an art of recording, classifying and summarizing in a significant manner the event
which are financial in character and interpreting the result there of . An Advocate is
under a duty to maintain proper accounts of money received from his client and the
amount received on behalf of client from others or from the court. The rules relating to
such accounting is dealt in rules 25 to 32 of the Bar Council Of India Rules 1975.
Rule 25: An advocate should keep the accounts of the client’s money entrusted to him.
The accounts should show the amounts received from the client, the expenses incurred
for him and the debits made on the account of Advocate fees with the respective dates
and all other necessary particulars.
Rule 26 : Where moneys are received from the client, it should be entered whether the
amount have been received for the advocates fees or expenses. Amount received for
the expenses shall not be diverted towards Advocates fees without the consent of the
client in writing.
Rule 27: Where any amount is received on behalf of his client the fact of such receipt
must be intimated to the client as early as possible.
Rule 28 : After the completion of the proceeding, the advocate shall be at the liberty to
take the settled fee due to hi to the unspent money in his hand.
Rule 29: Where the fee has been left unsettled, the advocate shall take the fees which
he is legally entitled from the moneys of the client remaining in his hands, after the
completion of the proceeding. The balance shall be returned to the client.
Rule 30: A copy of the client account shall be furnished to him after getting the
necessary copying charges from him.
Rule 31: An advocate shall not make any agreements whereby client’s funds in his
hands are converted into loans to the advocate.
Rule 32: An Advocate shall not lend money to his client for the purpose of conducting
the case.
Rules Relating to Accounting Under Income Tax Act.
Under the Income Tax Act, every lawyer is required to maintain the following books of
accounts and other documents to enable the
Assessing Officer to calculate his total income
(i) cash book
(ii) Receipt Voucher
(iii) payment voucher
(iv) journal
(v) ledger.
The accounting year is 1st April to 31 st March next year.
1. Cash book : It is the book in which the amount received by the Advocates from the
clients and others and the amount spent for the clients are written. This book is useful
for the Advocate to know the amount in his hand on each day.
2. Receipt Voucher : It is the document prepared for recording the receipt of money by
cash or cheque. When an Advocate received money from the client, the Advocate has
to issue a receipt to the client. Advocate shall maintain receipt books with serially
numbered receipt forms in duplicate. The original receipt should be given to the client
and the duplicate shall be retained by the Advocate.

3. Payment Voucher : Payment vouchers are used to record such payments for which
receipts are not obtainable from the person to whom such payments are made. For
example bus fare, auto fare, court fees, stamps, refreshment expenses etc. In such
cases the Advocate signature in the payment voucher and the signature of the person
to whom payment is made may be obtained.

4. Journal : Journal is the book of first entry or original entry. In the journal the
transactions are recorded in the order of their occurrence. It should contain the
following details
(i) Date of Transactions
(ii) Account to which the transaction relates
(iii) Amount to be debited,
(iv) Amount to be credited
(v) Explanation of the transaction.

5. Ledger : The transactions recorded in the journal are to be posted to the separate
heads of account in other book called as Ledger. In the ledger different pages are
allotted to the different heads of accounts. When the journal entries are posted to the
concerned heads of account in the ledger, the page number of the ledger should be
noted in the journal for easy reference.

The ledger account of an advocate shall contain the following heads.

Clients Account : For each and every client separate pages shall be allotted in this
ledger and separate account shall be maintained for them.
(i) Fees Account : In this account the fees received from each and every client shall be
entered separately. From this account the total amount of fees received from all the
clients in a financial year can be ascertained.
(ii) Rent Account.
(iii) Salary Account.
(iv) Library Account.
(v) Printing and Stationary Account.
(vi) Postage and Telegram Account.
(vii) Electricity Charges.
(viii) Conveyance Charges.
(ix) Repair and Maintenance.
(x) Office Miscellaneous Expenses Account.
At the beginning of the ledger book the index may be given with the name of the
different heads of account and their respective pages for easy reference.

Q4)Powers and functions of BCI?

A)What is the Bar Council of India?
The Bar Councils of India were established under the Advocates Act, 1961 based on
the recommendations of the All India Bar Committee. These councils operate at both
the national and state levels. The State Bar Councils were established under Section 3
of the Act.
The Bar Council of India comprises members elected from each State Bar Council,
the Attorney General of India, and the Solicitor of India, who serve as members
automatically. The members of the State Bar Councils are elected for five years. The
Council has the power to choose its own Chairman and Vice-Chairman from among its
members, and they serve for two years.
Composition of Bar Council of India
The Bar Council of India (BCI) is composed of:
 Elected representatives from each State Bar Council (elected for a five-year term)
 Attorney General of India (ex-officio member)
 Solicitor General of India (ex-officio member)
The representatives from the State Bar Councils are elected for a term of five years.
Within the BCI, members elect a Chairman and Vice-Chairman from among
themselves, with each serving a two-year term. This structure ensures that the BCI is
representative of various regions and includes top legal advisors, facilitating
comprehensive oversight and regulation of the legal profession in India. The BCI is
crucial in setting standards for legal education, ensuring professional conduct, and
safeguarding the rights, privileges, and interests of advocates across the country.
Powers of the Bar Council of India
The powers of the Bar Council of India are:
Admission as an Advocate
According to Section 20 of the Advocate Act, any advocate who had the right to practice
in the Supreme Court before the appointed day but was not listed in any state roll can
express their intention to the Bar Council.
They must do this within the prescribed time and using the prescribed form. Upon
receiving the application, the Bar Council of India will direct the respective state Bar
Council to enter the advocate’s name in the state roll without a fee.
Sending Copies of Rolls
Section 19 of the Advocate Act mandates that every State Bar Council must send an
authenticated copy of the advocate role, prepared for the first time under this Act, to the
Bar Council of India. Furthermore, any alterations or additions made to the roll must be
promptly communicated to the Bar Council of India.
Transfer of Name
Section 18 of the Advocate Act deals with transferring an advocate’s name from one
State Bar Council role to another. If an advocate wishes to transfer their name, they
must apply to the Bar Council of India.
Upon receiving the application, the Bar Council of India will direct the removal of the
advocate’s name from the first State Bar Council’s roll and its entry into the roll of the
other State Bar Council. No fee is required for this transfer.
Appointment of Committees and Staff Members
Section 9 empowers the Bar Council of India to appoint disciplinary committees, legal
aid committees, executive committees, legal education committees, and other
necessary committees.
Section 11 allows the Bar Council to appoint a secretary, accountant, and other staff
members as necessary. The secretary and accountant must possess the required
qualifications. Having a secretary is mandatory for the Bar Council.
Maintenance of Accounts
Under Section 12, the Bar Council of India must maintain books of accounts and other
relevant books in a prescribed format. Qualified auditors, similar to the auditing of
company accounts, must audit these accounts.
The Bar Council of India is also responsible for sending a copy of its accounts and the
auditors’ report to the Central Government. Furthermore, these accounts are published
in the Gazette of India.
Rules Making Power
The Bar Council of India can make rules under Section 15 of the Advocate Act. These
rules can cover various aspects such as the election of Bar Council members, the
chairman and vice-chairman, dispute resolution, filling of vacancies, powers and duties
of the chairman and vice-chairman, organisation of legal aid, meetings and conduct of
the business of committees, and management and investment of funds of the Bar
Council.
General Power and Punishment for Misconduct
Section 49 of the Advocate Act grants the Bar Council of India general power to make
rules for discharging its functions under the Act. Additionally, Section 36 empowers the
Bar Council to punish advocates for professional or other misconduct. The Bar Council
of India can suspend advocates from practice, remove their names from the state roll,
dismiss complaints, or issue reprimands as it deems fit.
Appellate Power
Section 37 gives the Bar Council of India authority to hear appeals against the orders of
disciplinary committees. The disciplinary committee of the Bar Council of India must
hear any appeal.
Furthermore, Section 38 allows individuals aggrieved by the order passed by the
Disciplinary Committee of the Bar Council of India to file an appeal before the Supreme
Court within 60 days.

Functions of the Bar Council of India

The functions of the Bar Council of India are:
Establishment of the Bar Council of India
Parliament established the Bar Council of India under the Advocates Act of 1961. Its
main responsibilities include regulating the legal profession and legal education in India.
Statutory Functions of the Bar Council of India
The Bar Council of India has various statutory functions outlined in Section 7 of the
Advocates Act, 1961:
1. Standards of Professional Conduct: It lays down the standards of professional
conduct and etiquette for advocates.
2. Disciplinary Procedure: It establishes the procedure to be followed by its
disciplinary committee and the disciplinary committees of each State Bar Council.
3. Advocates’ Rights and Interests: It safeguards advocates’ rights, privileges, and
interests.
4. Law Reform: It promotes and supports law reform initiatives.
5. Handling Referred Matters: It deals with and resolves matters referred to by State
Bar Councils.
6. Legal Education: It promotes legal education and sets standards for legal education
in consultation with universities and State Bar Councils. It also visits and inspects
universities or directs State Bar Councils to do so.
7. Recognising Qualifications: It recognises universities whose law degrees qualify
for enrollment as an advocate. Foreign qualifications in law obtained outside India may
also be recognised reciprocally.
8. Seminars and Publications: It organises seminars and talks on legal topics by
eminent jurists and publishes journals and papers of legal interest.
9. Legal Aid: It organises legal aid for the underprivileged.
10. Management of Funds: It manages and invests the funds of the Bar Council.
11. Election of Members: It provides for the election of members who will run the Bar
Councils.
Establishment of Funds
The Bar Council of India can establish one or more funds according to prescribed
procedures. These funds may be used to organise welfare schemes, provide legal aid
or advice, and establish law libraries. The Bar Council can receive grants, donations,
gifts, or benefactions for these purposes.
Membership in International Legal Bodies
Under Section 7(a) of the Advocate Act, 1961, the Bar Council of India may become a
member of international legal bodies like the International Bar Association or
International Legal Aid Association. It can contribute funds and authorise participation in
international legal conferences or seminars.
Prohibition of Strikes and Boycotts
The Bar Council of India must uphold professional conduct and etiquette for advocates.
It is illegal and void for the Bar Council to pass resolutions instructing advocates not to
participate in legal aid programs or disrupt court proceedings.
Advocates who participate in strikes or boycotts can face disciplinary action by the
concerned State Bar Council. Advocates are obligated to ignore calls for strikes or
boycotts.

Q5) Powers and Functions of Disciplinary Committee under A.A act?

A)v What is Disciplinary Committee of the Bar Council of India?
The Disciplinary Committee of the Bar Council of India is a body responsible for
addressing cases of professional misconduct among advocates. Comprising three
members, including two elected by the Bar Council and one co-opted advocate, it
investigates complaints, gathers evidence, and holds hearings to determine disciplinary
action.
Empowered by the Advocates Act, 1961, it has authority akin to a civil court, including
summoning witnesses and receiving evidence. The committee ensures fair
proceedings, adhering to legal principles and procedural safeguards, and may review
its own orders. Its role is vital in upholding ethical standards within the legal profession
and maintaining public trust in the justice system.

Composition of the Disciplinary Committee of the Bar Council of India

The disciplinary committee of the Bar Council of India is constituted in accordance with
Section 9 of the Advocates Act, 1961. This section mandates the formation of one or
more disciplinary committees, each comprising three members. The composition of the
committee is as follows:
 Elected Members: Two members are elected by the Bar Council of India from
among its own members. These elected members play a crucial role in ensuring
that the disciplinary committee reflects the diversity and expertise present within
the Bar Council.
 Co-opted Member: The third member of the disciplinary committee is co-opted
by the Bar Council from among advocates who possess the qualifications
specified in Section 3(2) of the Advocates Act, 1961, but are not members of the
Council. This ensures representation from the wider legal community and brings
diverse perspectives to the disciplinary process.
 Chairmanship: The senior-most advocate among the members of the disciplinary
committee serves as its Chairman. This ensures effective leadership and
impartiality in the proceedings.
Functioning and Powers of the Disciplinary Committee of the Bar Council of India
The disciplinary committee of the Bar Council of India is vested with extensive powers
to inquire into allegations of professional misconduct and take appropriate disciplinary
action. These powers are enumerated under Section 42 of the Advocates Act, 1961,
and include the following:
 Summoning and Examination: The committee has the authority to summon and
enforce the attendance of any person and examine them on oath. This enables
thorough investigation and gathering of evidence during disciplinary proceedings.
 Discovery and Production of Documents: The committee can require the
discovery and production of any documents relevant to the inquiry. This ensures
transparency and access to evidence necessary for a fair decision.
 Receiving Evidence on Affidavits: Evidence can be submitted to the committee
in the form of affidavits, facilitating a streamlined process of evidence
presentation.
 Requisitioning Public Records: The committee is empowered to requisition any
public record or copies thereof from any court or office. This authority aids in
accessing official records pertinent to the inquiry.
 Issuing Commissions: The committee can issue commissions for the
examination of witnesses or documents, allowing for a comprehensive
investigation into the allegations.
 Miscellaneous Powers: The committee may exercise any other powers as may
be prescribed, enabling it to adapt to the evolving needs of disciplinary
proceedings.

Restricted Powers and Procedural Safeguards

While the disciplinary committee possesses significant powers, certain restrictions and
procedural safeguards are in place to ensure fairness and adherence to legal principles.
These include:
 Prior Approval for Certain Actions: Certain actions of the committee, such as
summoning presiding officers of courts or officers of revenue courts, require prior
approval from the respective authorities. This safeguards against misuse of power
and ensures respect for the judicial hierarchy.
 Deemed Judicial Proceedings: Proceedings before the disciplinary committee
are deemed to be judicial proceedings, ensuring that they are conducted with the
requisite diligence and adherence to legal norms.
  Review of Orders: The committee has the power to review its own orders under
Section 44 of the Advocates Act, 1961. This allows for the correction of any errors
or miscarriage of justice that may have occurred during the disciplinary process.
 Quorum and Decision-Making: In the event of the unavailability of the Chairman
or any member of the committee, proceedings may still continue, provided that
the final decision is deferred until the required quorum is met. Additionally, if the
committee is unable to reach a majority decision, the matter is referred to the
Chairman of the Bar Council for resolution

Q6) Functions of legal services authority?

A)a Legal services authority in India

In India, legal services exist at three levels i.e.- The center, state and, the district level.
The central government establishes the National Legal Services Authority (NALSA) and
the Supreme Court Legal Services Committee (SCLSC).
The State Government establishes the State Legal Services Authority (SLSA) and the
High Court Legal Services Committee (HCLSC). The State government also
establishes the District Legal Services Authority (DLSA).
Section 11A and 11B of the Legal Services Authority Act deal with the Taluk Legal
Services Committee.
Some functions are common to all authorities. These can be classified into two types
i.e.- Pre-litigation and post-litigation services. The authorities intend to follow the
principle that prevention is better than cure, hence a large emphasis has been paid to
pre-litigation services through legal awareness, legal camps, legal advice, and legal
education.
It is also the duty of all of these authorities to provide for post-litigation services in the
form of free of charge representation in court and aid in other court related expenditure.
National Legal Services Authority

Members of NALSA Members of SCLSC

1. The Chief Justice of India as the 1. Judge of the Supreme Court as

Patron-in-chief. its chairman.
2. A judge of the Supreme Court 2. Other members as prescribed
nominated by the President as the by the government and
executive chairman. nominated by the CJI.
3. Other members nominated by the
Government in consultation with the
 CJI.
Functions of the Central Authority
1. Lay down policies and principles for fulfilling the provisions of the Legal Services
Act.
2. Frame the most economic schemes for providing legal aid to the poor.
3. Utilize funds at their disposal to be given to the State and District authorities.
4. Organize Legal Aid camps in rural and slum areas.
5. Undertake and promote research in the field of Legal aid, with special emphasis
on providing legal aid to the poor.
6. To do all things necessary for the fulfillment of fundamental duties given under
Part IV-A of the Constitution.
7. Develop in consultation with the Bar Council of India, programs for clinical legal
education.
8. Take appropriate measures for spreading legal literacy and legal awareness
amongst the people and, in particular, to educate weaker sections of society.
9. Make special efforts to enlist the support of voluntary social welfare institutions
working at the grass-root level.
10. Coordinate and monitor the functions of State Authorities, District
Authorities, Supreme Court Legal Services Committee, High Court Legal Services
Committees, Taluk Legal Services Committees and voluntary social service
Institutions and other legal services organizations and give general directions for
the proper implementation of the program.
11. Provide grants and aids for various schemes and social service institutions.

State Legal Services Authority

Members of SLSA Members of HCLSC

1. Chief justice of the High court as 1. Judge of High Court as its

the patron-in-chief. chairman.
2. A judge of the High Court 2. Other members are prescribed by
nominated by the governor as the the state authority and nominated
executive chairman. by the Chief Justice of the High
Court.
3. Other members nominated by the
state government in consultation
 with Chief Justice of High Court.
Functions
The state authority has the responsibility to give effect to the directions issued by the
Central authority. It provides legal services like the central authority and also conducts
Lok Adalats. Besides this the authority also has other functions as follow:
1. Give legal services to persons who satisfy the criteria under the act.
2. Conduct Lok Adalats for all types of cases
3. Undertake preventive and strategic Legal Aid programs.
4. Perform other functions as notified by the central authority to the state authority
from time to time.
District Legal Services Authority
Member of the DLSA- District Judge as its chairman, other members nominated by the
state government in consultation with the Chief Justice of High court. Every district
authority has to give effect to such directions that are issued to it by the State authority,
it also has to take cognizance of the directions that are given by the state authority.
The district authority has the following functions that it needs to perform
1. Coordinate the activities of the Taluk Legal Services Committee and other legal
services in the District.
2. Organized Lok Adalats within the District.
3. Perform such other functions as the State Authority may fix by regulations.

Taluk Legal services committee

Section 11A and 11B of the Legal services authorities act deals with the Taluk Legal
services committee. The state authority shall constitute a committee for every Taluk
which may be referred to as the Taluk Legal services committee.
The committee shall consist of a Senior Civil Judge operating within the limits as an ex-
officio Chairman, and other such members prescribed and nominated by the state
government in consultation with the chief justice of High Court.

Q7 & Q16) Process of enrolment of an advocate?

A) Who is an advocate?
An advocate is a person who supports an issue or a cause publicly. In the legal system,
an advocate represents his client in the court of law. An advocate is the most important
part of the legal system of any country. He is solely responsible for the presentation of
the case and to bring justice to the victim through his arguments. The court of law
passes its judgment basing upon the facts and arguments presented by him. He has
the ability and skills to either make a case out of nowhere or to ruin a case. An advocate
is also known as the officer of the court because of the vital role he plays in the judiciary
system.
How to be an Advocate
Step 1: Bachelor’s degree in Law (L.L.B)
To become an advocate in India, it is compulsory for a person to complete his
bachelor’s degree in law, i.e L.L.B (Legum Baccalaureus). The bachelor degree of law
can be either of 3 years or 5 years.
a) Three-year course
One can opt for the three-year course of bachelor’s degree in law after completion of
his graduation, the eligibility criteria for this course is that the candidate must secure at
least 50% in his graduation.
b) Five-year course
A candidate can directly get into the five-year course of bachelor’s degree immediately
after completion of his 10+2. One of the very popular entrance test conducted for this
course is CLAT (Common Law Admission Test). By cracking CLAT he can get into
prestigious NLU’s (National Law University) which are present in most of the state.
Step 2: Enrolment in State Bar Council
The final step to be an advocate is to enroll in any of the State Bar Councils regulated
by the Advocates Act 1961. Every state has its unique process of registration. Once the
registration is completed the candidate has to clear the All India Bar Examination
(AIBE). The exam is conducted by the Bar Council of India, and the candidate gets the
certificate of practice upon clearing the exam. The test is conducted to assesses the
basic analytical capabilities and knowledge of the law.
Criteria for enrolment as an Advocate (As per Section 24 of the Advocates Act)
A person shall be qualified to be enrolled as an advocate if he fulfills the following
conditions:
(a) He is a citizen of India. Provided that a national of any other country can also
practice only if Indians are allowed to practice in that other country;
(b) He has attained the age of 21 years;
(c) He has completed his bachelors in law;
(d) He has paid the required stamp duty, which is chargeable under the Indian Stamp
Act, 1899 and an enrolment fee payable to the State Bar Council. He has to pay six
hundred rupees to The State Bar Council and one hundred and fifty rupees to the Bar
Council of India. If such person is a Schedule Caste or Schedule Tribe then he has to
pay one hundred rupees to the State Bar Council and twenty-five rupees to the Bar
Council of India.
All India Bar Examination (AIBE)
1. The Bar Council of India conducts the All India Bar Examination.
2. The examination is conducted twice a year and the time and place of the
examination, are decided by the Bar Council of India.
3. The examination tests the knowledge of the advocates on substantial and
procedural law areas which is decided by the Bar Council of India.
4. The syllabus of the examination is to be published by the Bar Council of India,
before three months from the date of the examination.
5. The Bar Council of India decides the percentage of marks required to pass the
examination
6. The unsuccessful candidates can appear the examination again without any limit
of reappearances.
7. The Bar Council of India decides the syllabi, recommended readings, the
appointment of paper setters, moderators, evaluators, model answers,
examination hall rules and other related matters.
8. The manner and format of the application for examination is determined by the
Bar Council of India
9. Once an advocate passes the Bar examination, he/she receives a Certificate of
Practice.

All India Bar Examination Rules, 2010

On 10th April 2010, the Bar Council of India has adopted a resolution, that it will
conduct an All India Bar Examination. As per the guidelines of the Bar Council of India,
an advocate would be entitled to a Certificate of Practice which would permit him/her to
practice under Chapter IV of the Advocates Act, 1961.
The council further explained that,

1. All advocated enrolled under section 24 of the Advocates Act, 1961 has to pass
this examination to continue their practice in India.
2. All law students graduating from the academic year 2009-2010 onwards have to
appear the Bar Examination.
Number of attempts of the All India Bar Examination
There is no limit to the number of attempt to the Bar Examination. If an advocate does
not pass the examination at once then he can reappear it and get the certificate of
practice once he/she passes the examination.