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Advocacy is one of the most noble professions and advocates (who practice advocacy) are the medium through which clients put their issues, petition, plaint, and defense to the court in a systematic and understandable manner. In such a condition, the responsibilities and duties of an advocate, are very important and sensitive and any mistake or misbehavior of an advocate can cause harm to their client as well as to the court. So, to control and regulate an advocate’s professional behavior, the Advocates Act of 1961 defines complaint provision against the advocates who found guilty of any such misbehavior. ... Read More
The attorney-client have symbiotic relationship that benefits each other. This relationship is built on mutual trust, clear communication, and shared goals. And, in normal circumstance, such relationship ends with the final decision of the court. However, even in the middle of the case, situation may arise where advocate wants to drop or leave the case. Though this is the right of an advocate to drop his client, but in a given condition and essentially not at random or because of blunt mood per se. Advocates in India are bound to follow the ethical guidelines and professional standards defined ... Read More
Proceedings of any case inside the court is not a smooth going journey, but rather it faces many difficulties and all these difficulties require competent skill set and relevant knowledge. Secondly, along with competent skill sets and legal knowledge, advocates also need to be humble, friendly, and approachable to their clients. Incompetency in any of these skill sets or change in behavior may compel their clients to replace their advocate from the case. Can Client Change Advocate? Though question appears very simple and its answer can be given in either ‘yes’ or ‘no’, but it is not ... Read More
In the Indian judicial system, the provision of “legal aid” is one of the most favorable aspects that fills the gap between rich and poor people by providing free legal service to all the people who cannot afford or buy legal service for themselves. However, along with this noble idea, there are some potential challenges that restrain people to access the service of legal aid in India. What is Meaning of Legal Aid? Legal aid is a noble concept under which, the legal assistance or support is provided to the people who cannot buy legal services for themselves ... Read More
Free legal aid is one of the constitutional provisions that aimed to provide equal opportunity to have justice irrespective of one’s financial status. However, it is exclusive legislated and framed for the people who are poor, marginalized, or victims of natural disasters. To make it successful, government’s run legal aid clinics and some NGOs have exclusive system to provide free legal aid services to the individuals who are unable to afford their legal representation. Free legal aid plays a crucial role in upholding the principle that justice should not be contingent on financial means. Likewise, the provision promotes fairness ... Read More
In country like India, where financial disparity is very wide, the provision of legal aid plays critical role, as it fills the financial gap by providing free legal service to all marginalized and poor class. The purpose of legal aid to ensure that all individuals who because of financial hurdle unable to access justice for themselves, can get legal service, such as advice, representation, and fair trial at par with the wealthy people. Legal Aid Services in India The concept of legal aid in India is enshrined in Article 39A of the Constitution. This Article directs every state (of ... Read More
Advocates are considered as the friend of society, as they fight to protect human rights of an individual (in particular) and of society as a whole (in general). But while doing their duty, they are expected to maintain their code of ethics and follow the prescribed provisions. In case of failing to follow the prescribed provisions and code of ethics that may cause potential harm to their client, the aggrieved party (preferably their client) may file a complaint against them. What is the Statutory Framework of Filing Complaints Against an Advocate? The Advocates Act of 1961 provides a ... Read More
Rights and Privileges of advocates in India are described and protected primarily by the Advocates Act, 1961 and the rules framed by Bar Council of India. The rights and privileges that given to advocates ensure their independency, hone their skills to practice law with confidence, and maintain professional autonomy. However, the Act not only provides rights, but also gives responsibilities and duties, codes of conduct, and ethical responsibility within the legal profession. Rights of Advocates Major rights of an Advocate in India are − Right to Practice The "Right to Practice" is the most fundamental right that granted ... Read More
Most of the States and some of the Union Territories have the state bar council, which play a crucial role in defining and structuring the legal profession and education in their respective state. It is an administrative body that enrolls new advocates, maintains the advocates’ roll, defines the legal education offered by different universities, and also takes disciplinary action against the advocate who misbehaves or does not follow the code of ethics defined under the Advocates Act of 1961. Formation of State Bar Councils Section 3 of Advocates Act, 1961 states that “there shall be state bar council.” Likewise, state ... Read More
The relationship between the client and his advocate is mutually beneficial and complementary and both them have some defined responsibilities for each other. And, breach of any such responsibilities by any party may potentially affect both the parties. What are the Rights Client having Against his Advocate? In a legal system, representation of a client is fundamental aspect of justice and because of this, clients wholeheartedly trust on the actions of their advocates. In return, advocates have the responsibility to safeguard their clients’ interests and rights. Likewise, as the clients have some responsibility towards their advocates, they also ... Read More