Read the Law Commission Report on Advocates Act and The Advocates (Amendment) Bill, 2017
The Law Commission of India has proposed widespread amendments in the Advocates Act, 1961 with a view to facilitating initiation of taking forward reforms in the legal profession.
The Law Commission has also placed before the Government The Advocates (Amendment) Bill, 2017.
Some of the features of the Bill include:
Definition of Advocate
The definition has been expanded to include a lawyer working in a law firm and a foreign lawyer.
“Advocate” means an advocate entered in any roll under the provisions of this Act and includes an advocate carrying on practice in law with a law firm, by whatever name called, and a foreign lawyer registered under any law in a country outside India and recognised by the Bar Council of India.
For the first time “law firm” has been defined. ‘Law Firm’ means a firm, formed and registered under the Indian Partnership Act, 1932; or under the Limited Liability Partnership Act, 2008; or a private or public limited company incorporated under the Companies Act, 2013 comprising of an advocate or advocates for carrying on practice in law and includes law firms formed and registered under any other law outside India.
Register of Law Firms
There shall also be a register of law firms that will be maintained by The Bar Council of India (in case of foreign firms) and by the State Bar Council (in case of Indian firms)
[At least these proposed amendments indicate towards opening of Indian legal market in the future]
Definition of Misconduct
The Bill has also proposed a definition of Misconduct, which was missing in the Advocates Act.
‘Misconduct’ includes-an act of an advocate whose conduct is found to be in breach of or non- observance of the standard of professional conduct or etiquette required to be observed by the advocate; or forbidden act; oran unlawful behaviour;or disgraceful and dishonourable conduct; or neglect; or not working diligently and criminal breach of trust;or any of his conduct incurring disqualification under section 24A
State Bar Councils and Bar Council of India
Constitution of State Bar Councils has been amended. The roles and functions of Bar Councils have been expanded. BCI’s role has been expanded.
Disciplinary Committees
The entire section on Disciplinary Committee has been replaced.
A Bar Council shall constitute one or more disciplinary committees, each of which shall consist of five persons of whom — (i) two persons shall be elected by the Council from amongst its members; (ii) two persons shall be from amongst eminent persons from fields other than law to be co-opted by the Council; and (iii) the fifth member shall be a person nominated by the High Court.
Special Public Grievance Redressal Committee of BCI
The Bill has proposed a Special Public Grievance Redressal Committee of BCI, which shall inquire into any allegation or complaint of corrupt practices or misconduct against any office bearer or member of the Bar Council of India in a discharge of his duties as a member of the Council, which is referred to it by the Council.
Pre-enrolment training
The Law Commission has also proposed to bring back the apprenticeship rule, under which litigating lawyers will have to undergo pre-enrolment training for one year.
Continuing Legal Education
The Bill also tasks the BCI with providing Continuing Legal Education for practising lawyers.
Entrance Exam
After the proposed amendments, Section 7 of the Act, which enumerates the BCI’s functions includes,
To provide for Entrance Test for admission in the Institutions imparting legal education in the country and to provide for measures for improvement of legal education and to make provision for on-line teachings for all the law students of the country either directly or through some charitable Institution;”
Ban on Boycotts
It seems that fears of lawyers’ organisations around the country have come true, as the Law Commission has indeed called for an end to strikes. A new Section 35 states,
“No association of advocates or any member of the association or any advocate, either individually or collectively, shall, give a call for boycott or abstinence from courts’ work or boycott or abstain from courts’ work or cause obstruction in any form in court’s functioning or in court premises”