Apart from judges, lawyers are the most important officers of the court. In almost every case before the courts, tribunals, etc., parties engaged lawyers to conduct a case. Lawyers are a must and indeed the entire structure of impartiality, fairness and justice according to law depends on how a case is conducted by lawyers.
Lawyers/advocates/barristers/solicitors have been in existence since time immemorial. There were advocates in Greece and Rome, and also in ancient India right from the time matters started getting settled by argument and arbitration rather than by trials of strength.
In India, the legal profession and system as it exists today is not the result of historical growth as in the West. It was transplanted into India by the British. Yet it took deep roots, and grew in the Indian socio-politic soil as a logical extension of the empire. India, a land of diversity in caste, culture and religion, had various sets of laws and its people were governed by different systems. With the consolidation of British rule in India, the uniformity of law and procedure were established and common civil and criminal codes were introduced. To administer their laws, the rulers introduced their own system of laws,lawyers and courts. The British left in 1947, but we still cling to the trappings of their system, torn gowns, feudal expressions like 'my lord' and 'your worship' and so on.
Legal redress has become such a fine art, that without the help of a professional lawyer, it is almost impossible to reach the foundation of justice, let alone get it. Judges themselves do not hesitate to suggest that justice will be better dispensed if the litigant approaches the court through its priest, that is, a lawyer. If he or she cannot afford one, an amicus curiae (a friend of the court) who may render assistance on invitation from the court is appointed, who is responsible to none except, in theory to the court.
A person who can practice as Advocate in the courts of law is governed by the provisions of Advocates Act 1961. Only those who are enrolled as advocates by the Central Bar Council or State Bar Council and have obtained a degree in law recognised by the State Bar Council or Central Bar Council are entitled to practice presently subject to passing the exam conducted by the State Bar Council concerned. The Bar is integrated into a single class of legal practitioners known as advocates who need to have uniform educational qualifications in order to be enrolled.
There are two classes of advocates, namely senior and other advocates. An advocate can be, if he so desires, be designated as senior advocate by the Supreme Court or a High Court, if the court is of the opinion that the advocate has the ability, standing at the Bar and /or special knowledge or expertise in law. After he or she has been designated as senior advocate, an advocate is not expected to act, that is, file Vakalatnamas-draft pleadings-but is expected to appear in the court along with and assisted by other advocates. They are not expected to deal directly with clients, and have precedence over other advocates in the court. The restrictions upon the senior advocate as imposed by the Bar Council of India Rule 1(a) and Rule 2 (b) of Order IV of Supreme Court Rules, 1966 are as follows:
Lawyers/advocates/barristers/solicitors have been in existence since time immemorial. There were advocates in Greece and Rome, and also in ancient India right from the time matters started getting settled by argument and arbitration rather than by trials of strength.
In India, the legal profession and system as it exists today is not the result of historical growth as in the West. It was transplanted into India by the British. Yet it took deep roots, and grew in the Indian socio-politic soil as a logical extension of the empire. India, a land of diversity in caste, culture and religion, had various sets of laws and its people were governed by different systems. With the consolidation of British rule in India, the uniformity of law and procedure were established and common civil and criminal codes were introduced. To administer their laws, the rulers introduced their own system of laws,lawyers and courts. The British left in 1947, but we still cling to the trappings of their system, torn gowns, feudal expressions like 'my lord' and 'your worship' and so on.
Legal redress has become such a fine art, that without the help of a professional lawyer, it is almost impossible to reach the foundation of justice, let alone get it. Judges themselves do not hesitate to suggest that justice will be better dispensed if the litigant approaches the court through its priest, that is, a lawyer. If he or she cannot afford one, an amicus curiae (a friend of the court) who may render assistance on invitation from the court is appointed, who is responsible to none except, in theory to the court.
A person who can practice as Advocate in the courts of law is governed by the provisions of Advocates Act 1961. Only those who are enrolled as advocates by the Central Bar Council or State Bar Council and have obtained a degree in law recognised by the State Bar Council or Central Bar Council are entitled to practice presently subject to passing the exam conducted by the State Bar Council concerned. The Bar is integrated into a single class of legal practitioners known as advocates who need to have uniform educational qualifications in order to be enrolled.
There are two classes of advocates, namely senior and other advocates. An advocate can be, if he so desires, be designated as senior advocate by the Supreme Court or a High Court, if the court is of the opinion that the advocate has the ability, standing at the Bar and /or special knowledge or expertise in law. After he or she has been designated as senior advocate, an advocate is not expected to act, that is, file Vakalatnamas-draft pleadings-but is expected to appear in the court along with and assisted by other advocates. They are not expected to deal directly with clients, and have precedence over other advocates in the court. The restrictions upon the senior advocate as imposed by the Bar Council of India Rule 1(a) and Rule 2 (b) of Order IV of Supreme Court Rules, 1966 are as follows:
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