ABSTRACT

TOPIC –RIGHTS OF AN ADVOCATE

The practice of the law is not a business open to all who wish to engage in it; it is a personal right
or privilege… it is in the nature of a franchise from the State….’

Mukherjee J. This is quite surprising that the lawyers who fight for rights of others have no
defined rights for their own. It can be rightly said in the context of the legal profession that duties
are privileges and privileges are duties. There are lots of restrictions which have been imposed
on the practice of law unlike other professions and sometimes prove to be detrimental to the
professionals of this field. Even the right to practice is restricted by High Court rules,
Professional Conduct. This paper looks into the extent of rights and privileges that lawyers have
and whether any of them are personal rights or all of them are rights derived from their duties for
the privilege of their clients. It also looks into the extent of right to practice for lawyers that has
been codified by the legislature by the Advocates Act, 1961 and the fetters placed on it. There
are several questions which have been answered by the researchers in course of writing the
project which rotates around the rights of lawyers and also includes lawyers having absolute
right to practice, fetters on lawyer’s right to practice, absolute right over fees.

Right to Practice: The Only Right Given To Lawyers

The most important of right conferred to a lawyer is his/her right to practice but there are a
plethora of conditions which has to be fulfilled for allowing a lawyer to exercise his right to
practice. This is the only right of advocates that has been codified and placed in the Advocates
Act, 1961 with the duties and code of conduct of lawyers. This is an exclusive right and has been
conferred to a set of people who are deemed to be qualified to represent others. Earlier even
friends and family could represent an accused on facts but due to demand of unification of bar,
Section 29 was incorporated whereby there will be only one recognized class of persons entitled
to practice the profession of law i.e. the advocates.

Advocates have been conferred rights to practice not only in all courts including the Supreme
Court but also before any tribunal or person legally authorized to take evidence and also before

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any other authority or person before whom such advocate is by or under any law for the time
being in force entitled to practice.

CASES-

Sr No. CASES CITATION

1. N.K.Bajpai vs Union Of India & Anr SLP (C) Nos.8482 of 2010
2. The Supreme Court Reportsaswini vs Arabinda 1952 AIR 369 1953 SCR 1
Bose And Another
3. Arunava Ghosh And Others vs Bar Council Of AIR 1996 Cal 331
West Bengal
4. Jaymal Thakore vs Charity Commissioner 2001 118 TAXMAN 264 Guj
5. Sanjay R. Kothari And Anr. vs South Mumbai AIR 2003 Bom 15, 2002 (6)
Consumer Disputes BomCR 637, (2002) 4
BOMLR 760, 2003 (1) MhLj
804A
6. Paramjit Kumar Saroya vs The Union Of India CWP-7282-2010 (O&M)
And Another
7. Anees Ahmed And Anr. vs University Of Delhi AIR 2002 Delhi 440
And Ors.
8. Amrendra Nath Singh vs Bar Council Of U.P. AIR 2000 All 224, (2000) 1
And Anr. UPLBEC 825
9. Bhogilal Manilal Parmar vs Commissioner Of 1988 CriLJ 1254, (1988) 2
Police And Ors. GLR 929

10. Indra Bahadur Singh vs Bar Council Of U.P., AIR 1986 All 56
Allahabad

DHRUV RAJPUROHIT

2014036

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