TOPIC NAME:- WHAT IS LAW AND LEGAL PROFESSION

SUBJECT NAME:- PRACTICAL TRAINING

1 SEMESTER 3 YEAR (LL.B)

PROJECT SUBMITTED TO:- PROF. NITYA RADHAKRISHNAN

STUDENT NAME:- SANJANA RAVINDRA MANDLIK

ROLL NO : 31

DATE : 08/06/2021

SIGNATURE OF INTERNAL FACULTY:-

SIGNATURE OF EXTERNAL FACULTY: -

 ACKNOWLEDGEMENT
This project would not have been possible without the fruitful guidance of PROF. NITYA
RADHAKRISHNAN, in charges of subject PRACTICAL TRAINING, her sincere efforts
in explaining the subject and related topic helped us to be familiar with the subject.

I am thankful to madam to give clear guidance on the vast subject and important pillar of the
law and make ability to clear knowledge about it.
 CONTENT

NO. CONTENT PG. NO. REMARK

1 INTRODUCTION 1

2 JUSTIFICATION/ DETAILS OF TOPIC 2-4

3 CASE LAW 5

4 CONCLUSION 6

5 REFERENCES 7
 INTRODUCTION

WHAT IS LAW ?
Do we ever think about it that what would happen if there is no law in society or in the state? I
think it is difficult to survive if there is no law in the state or society. We always need laws to
protect ourselves or others. Law is an ancient term as the society when society first-ever
developed than we needed the law to regulate society or we can say for the Administration of
Justice.

Without law, we can't imagine regulating any state or society, without it we do not have
civilization; we have chaos. Law is meant to protect people and property from harm. Without
laws or rules, we can't imagine regulating any state or society. We can say that to survive with
dignity and morality we need the law. Law governs much of what everyone does, day in and
day out. It tells us what our rights and duties are, also with that it also tells punishment for
breaking the law.

So, we all know that we require the law to regulate ourselves, it is a primary thing that a society
or state requires. In day-to-day life, we always listen to the law, we follow laws but ever we
think about it that what is the law, and what is the definition of it? Did we ever think about it?

Whenever someone asked ourselves that what is the law then we commonly answered that the
law is common sense, don't we? Yes, Law is indeed common sense because it is based on
human Morality and Morality means sense of right and wrong i.e, common sense.

There is no such definition of the law, yes you read it right there is no such or static definition
of the law. But yes we can define the law for a time phrase but not for eternally, it changes with
time and with society. Jurist Arnold stated that - we cannot define law in one or two sentences,
the reason is that society is dynamic and the law is made for the regulation of society. So, how
can you give a static definition of law when society is itself dynamic. And Jurist Pollock also
said – it is very difficult to define law when you have more knowledge of the law.

So, we got that there is no static definition of the law but to understand what is the law and the
definition of law we have two major schools of thoughts:
 Positive Law Theory
 Natural Law Theory

Positive Law Theory

 It is also known as Legal Positivism or Imperative theory of Law or Austin's theory of
Law.
 It is also read as man-made law.
 John Austin is considered as the founder of positive law theory.

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Natural Law Theory
 Natural Law means that human Morality comes from nature. Morality means our sense
of right and wrong.
 It has a historical approach.
 It is also read as ' made by nature'.
 The father of natural law theory is considered by many is Aristotle.
 It also encompasses sometimes divine law i.e. law made by God.

LEGAL PROFESSION

The Legal Profession has always been an important limb for administration of justice. Without,
profession of law, the courts would not be in a position to administer and provide justice
efficiently as the evidence in support or against the parties to a suit cannot be legitimately
marshalled, facts cannot be properly articulated and the appropriate legal arguments in favour
or against the case of the parties cannot be put forth before the court. “A well-organized system
of judicial administration proposes a properly equipped and proficient Bar.”

The modern legal profession in India has frontier roots, emerging with the advent of Mayor's
Courts in Madras and Calcutta in 1726. However, it was not until 1846, through the Legal
Practitioner's Act, that the doors of profession were thrown open to all those duly qualified,
certified and of good character, irrespective of nationality or religion. Women were still
excluded from the profession at this stage, to be thereafter admitted through the Legal
Practitioner's (Women) Act, III of 1923. The legal profession in India, which includes both the
practice of law as well as professional legal education, is regulated by the Advocates Act,
1961.The Bar Council of India (BCI) is envisaged under the Advocates Act as a body for
regulating the minimum standards to be maintained by institutions imparting legal education
in India. The reformation of legal education in India undertaken since the late 1980s at the
initiative of the BCI, the University Grants Commission (UGC), the Law Commission of India
and various state governments has led to the establishment of various national law schools in
India in the last two decades. India has the second largest population of lawyers in the world,
second only to the United States. Many persons admitted that practice law in India has
gradually increased from about 70,000 at time of Independence in 1947 to some 1.25 million
in 2014.

India has a recorded legitimate history beginning from the Vedic ages and some kind of
common law framework might have been set up amid the Bronze Age and the Indus Valley
civilization. Notwithstanding this, the advancement of "law" as a calling is just a late wonder.
The Indian legitimate calling is one of the biggest on the planet and assumes a fundamental
part on the planet's biggest vote based system. While the bases of this calling lie before
Independence, from that point forward the calling has developed enormously and as of now
faces different difficulties; the most imperative being to give access over the calling, guarantee
moral establishments and modernize the practice no matter how you look at it.

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History of Legal Profession of India

The history of the legal profession in India can be track from the establishment of the First
British Court in Bombay in the year of 1672 by respective Governor Aungier. The admissions
of attorneys were placed in hands of Governor-in-Council and not with the Court. Before the
establishment of Mayor’s Courts in 1726 in Madras and Calcutta, there were no legal experts
in India.

Mayor's Courts- There was no established legal profession until the establishment of the
Mayor's Court. Those who practised law were devoid of legal training and some of the
functionaries under the Mayor's courts were dismissed servants of the British East India
Company. There were some years which played important roles in setting up the courts in
India.

The Advocates Act, 1961

After the establishment of the Advocates Act ,1961 all the old classes of experts and legal
practitioners (vakils, barristers, pleaders of various grades, and mukhtars) were abolished and
were compiled into a single category known as "Advocates" who enjoys the privilege to
practice in courts throughout the India. The Advocates Act also additionally establish an All
India Bar Council for the first time in history of India, with the Attorney-General and Solicitor
General of India as the ex- officio members of Bar Council. The All India Bar Council has one
member selected by each State Bar Council and it selects its own Chairman and Vice Chairman.
The Act has created a State Bar Council in each ad every State with the Advocate General of
the State as an ex- officio member, and fifteen to twenty-five Advocates elected for a time
period of five years. The State Council's important functions include: enrolling law graduates
on its Roll, conducting cases of misconduct against Advocates on the Roll and to organize legal
aid, among other functions. Application for enrolment is therefore made to the State Bar
Council.

IMPORTANCE OF LEGAL PROFESSION

The Legal Profession, which has evolved into a more professional and advanced field, has
played an important role in this country and around the world, as an advisor, an upholder of
the rights of common people and as a professional.

First of all, the Legal Profession is important because it helps in solving disputes between
various entities, whether it be a feud between two individuals, between the governments,
between the government and common people, or anyone for that matter. They advise their
clients on the right path and legal remedy to take, and at the same time help in achieving that
remedy in the courts of law. Of course, they charge their clients for this, but monetary benefit
is necessary for sustanence and survival of any profession. Secondly, the lawyers help the
common people in upholding their basic rights. They do this with the help of public interest
litigations, through pro bono litigation and other forms of litigation. They help in preserving

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the Grundnorm, the basic or fundamental part, of law, that is the Constitution. They also help
in maintaining a balance between the legislature, executive and judiciary. Thus, the Legal
Profession is fundamentally important for the Administration of Justice in the country through
various means.

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 CASE LAW

BARNABY V RALEYS SOLICITORS [2013] LEEDS COUNTY COURT -

25/07/13
The claimant sought damages from a firm of solicitors for alleged negligent advice. It was
alleged that the firm wrongly advised the claimant, who had settled claims for general damages
and handicap on the labour market, to abandon a claim for services under a tariff based
compensation scheme for those who had developed vibration white finger (VWF) as a result
of exposure whilst employed at British Coal.

Claim allowed. Held: Solicitors owe a duty of care to their clients both in contract and tort.
The standard of care is the reasonably competent solicitor. The correct approach to a claim for
a loss of chance requires, first, a determination of whether there has in fact been a breach of
duty. Secondly, whether the breach caused or materially contributed to the alleged loss.
Thirdly, whether there was a real and substantial (rather than merely negligible or hypothetical)
prospect that the claim would succeed. The legal burden is on the claimant to show that
something of value was lost. The evidential burden is on the defendants to show that the
claimant was properly advised, which is higher where no advice other than general information
is given. Fourthly, where the chance was more than merely negligible, a realistic and generous
assessment of what would have been the prospects of success had the original litigation been
fought out. Finally, an assessment of what the likely value of the claim was, taking into account
the prospects of success. Where delay impacts the discernability of the strength of the original
claim, such difficulties will count against the solicitors and not the claimant. (Dixon v Clement
Jones Solicitors [2004] EWCA Civ 1005; Mount v Barker Austin [1998] EWCA Civ 277;
Sharif v Garrett and Co [2001] EWCA Civ 1269).

In the present case, although the claimant gave vague and unconvincing evidence it did not
amount to a fraudulent claim. The defendant firm failed to provide any evidence of the advice
given; was negligent in failing to provide detailed information enabling the claimant to make
a value judgement as to whether it was worth abandoning the claim; and, erroneously advised
the client that he was not entitled to a further interim payment. The original claim had a prospect
of success, which was real and substantial and not negligble, amounting to 75%.

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 CONCLUSION

Among all the professions of the world, the Legal Profession is called the Noble Profession.
This is because it often acts for noble causes for the common people and very basic foundation
of this profession is noble. The Law is an instrument which, through its rules and regulations,
maintain order and peace in the society and without it the society would plunder into chaos.
The Legal Practitioners act as the keepers and protectors of this very law. Hence, they play a
very important role in the society and with the changes being brought into the legal system of
the country, their role is set to become more important than ever before.

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 REFERENCES
 https://www.casecheck.co.uk/
 http://www.legalservicesindia.com/