"Advocate - The Professional Services"
In India, the law relating to the Advocates is the Advocates Act, 1961 introduced and thought up by Ashoke 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. For this purpose, the Bar Council of India is authorized to pass regulations and make orders in individual cases and also generally.
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 with 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 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 a evaluation test named AIBE ( All India Bar Exam ) for one to qualify as an advocate and practice in the courts
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)
****************************************************************
*Advocate*
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),one year pupillage/apprenticeship 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 licence for appearing before the Courts.
**Advocate High Court**
Advocate High Court is the second level, and is eligible to practice in the High Courts of Pakistan and below. 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.
***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.
