Professional ethics

Module-1
Important questions

Q. punishment of advocates for the misconduct.(6mrks)

Sec.35. Punishment of advocates for misconduct.―
(1) Where on receipt of a complaint or otherwise a State Bar Council has reason
to believe that any advocate on its roll has been guilty of professional or other
misconduct, it shall refer the case for disposal to its disciplinary committee.
3 [(1A) The State Bar Council may, either of its own motion or on application
made to it by any person interested, withdraw a proceeding pending before its
disciplinary committee and direct the inquiry to be made by any other
disciplinary committee of that State Bar Council.]
(2) The disciplinary committee of a State Bar Council 4 *** shall fix a date for
the hearing of the case and shall cause a notice thereof to be given to the
advocate concerned and to the Advocate-General of the State.
(3) The disciplinary committee of a State Bar Council after giving the advocate
concerned and the Advocate-General an opportunity of being heard, may make
any of the following orders, namely:― (a) dismiss the complaint or, where the
proceedings were initiated at the instance of the State Bar Council, direct that the
proceedings be filed; (b) reprimand the advocate; (c) suspend the advocate from
practice for such period as it may deem fit; (d) remove the name of the advocate
from the State roll of advocates.
(4) Where an advocate is suspended from practice under clause (c) of sub-section
(3), he shall, during the period of suspension, be debarred from practising in any
court or before any authority or person in India.
(5) Where any notice is issued to the Advocate-General under sub-section (2),
the Advocate-General may appear before the disciplinary committee of the State
Bar Council either in person or through any advocate appearing on his behalf.
[Explanation.―In this section, 3 [section 37 and section 38], the expressions
“Advocate-General” and “Advocate-General of the State” shall, in relation to the
Union territory of Delhi, mean the Additional Solicitor General of India.]

Q. powers and functions of BCI(10mrks)

Sec.7. Functions of Bar Council of India.―

 to lay down standards of professional conduct and etiquette for advocates;

 to lay down the procedure to be followed by its disciplinary committee and
the disciplinary committee of each State Bar Council;
 to safeguard the rights, privileges and interests of advocates;
 to promote and support law reform;
 to deal with and dispose of any matter arising under this Act, which may be
referred to it by a State Bar Council;
 to exercise general supervision and control over State Bar Councils;
 to promote legal education and to lay down standards of such education in
consultation with the Universities in India imparting such education and the
State Bar Councils;
 to recognise Universities whose degree in law shall be a qualification for
enrolment as an advocate and for that purpose to visit and inspect
Universities [or cause the State Bar Councils to visit and inspect
Universities in accordance with such directions as it may give in this
behalf];

[(ia) to conduct seminars and organise talks on legal topics by eminent jurists and
publish journals and papers of legal interest;
(ib) to organise legal aid to the poor in the prescribed manner;
(ic) to recognise on a reciprocal basis foreign qualifications in law obtained
outside India for the purpose of admission as an advocate under this Act;]
(j) to manage and invest the funds of the Bar Council;
(k) to provide for the election of its members;
(l) to perform all other functions conferred on it by or under this Act;
(m) to do all other things necessary for discharging the aforesaid functions.

[(2) The Bar Council of India may constitute one or more funds in the prescribed
manner for the purpose
of—
(a) giving financial assistance to organise welfare schemes for indigent, disabled
or other advocates;
(b) giving legal aid or advice in accordance with the rules made in this behalf.
[(c) establishing law libraries.]

(3) The Bar Council of India may receive any grants, donations, gifts or
benefactions for all or any of the
purposes specified in sub-section (2) which shall be credited to the appropriate
fund or funds constituted under
that sub-section.]

Q. different categories of advocates(6mrks)

Sec.16. Senior and other advocates.―
(1) There shall be two classes of advocates, namely, senior advocates and other
advocates.
(2) An advocate may, with his consent, be designated as senior advocate if the
Supreme Court or a High Court is of opinion that by virtue of his ability,
[standing at the Bar or special knowledge or experience in law] he is deserving of
such distinction.
 (3) Senior advocates shall, in the matter of their practice, be subject to such
restrictions as the Bar Council of India may, in the interests of the legal
profession, prescribe.
(4) An advocate of the Supreme Court who was a senior advocate of that Court
immediately before the appointed day shall, for the purposes of this section, be
deemed to be a senior advocate: [Provided that where any such senior advocate
makes an application before the 31st December, 1965 to the Bar Council
maintaining the roll in which his name has been entered that he does not desire to
continue as a senior advocate, the Bar Council may grant the application and the
roll shall be altered accordingly.]

Q. right of pre-audience(6mrks)
Sec.23. Right of pre-audience.―
(1) The Attorney-General of India shall have pre-audience over all other
advocates.
(2) Subject to the provisions of sub-section (1), the Solicitor-General of India
shall have pre-audience over all other advocates.
(3) Subject to the provisions of sub-sections (1) and (2), the Additional Solicitor-
General of India shall have pre-audience over all other advocates.
4 [(3A) Subject to the provisions of sub-sections (1), (2) and (3), the second
Additional Solicitor-General of India shall have pre-audience over all other
advocates.] (4) Subject to the provisions of sub-sections (1),
5 [(2), (3) and (3A)], the Advocate-General of any State shall have pre-audience
over all other advocates, and the right of pre-audience among Advocates-General
inter se shall be determined by their respective seniority.
(5) Subject as aforesaid— (i) senior advocates shall have pre-audience over
other advocates, and
(ii) the right of pre-audience of senior advocates inter se and other advocates
inter se shall be determined by their respective seniority.
Q. professional misconduct(6/10mrks)
It is not defined in the advocates act 1961.
In the basic sense, the word 'Professional Misconduct' implies unethical actions.
It implies, in the legal sense, an act intentionally committed by the people
involved in the profession with the wrong intention. For his selfish ends, it
implies any action or actions of an advocate in breach of professional ethics. It
leads to 'professional misconduct' if an act results in a conflict with his profession
and renders him ineligible to be in the profession. In other words, an act that
disqualifies an advocate from continuing in the field of law. In the Advocates
Act, 1966, misconduct was not specified, but misconduct envisages infringement
of discipline, although it would not be possible to set out exhaustively what
would constitute misconduct and indiscipline, which, however, is broad enough
to include wrongful omission or commission, whether done or omitted to be done
intentionally or unintentionally.
In Noratanmal Chaurasia v. M.R., the case The Supreme Court held that
misconduct was not specified in the Advocates Act, 1966, but misconduct
envisages violation of discipline, although it would not be possible to set out
exhaustively what would constitute misconduct and indiscipline, which, however,
is broad enough to include wrongful omission or commission, whether done or
omitted to be done intentionally or unintentionally
It has been concluded In Re Tulsidas Amanmal Karim that any behaviour that in
any way renders a person unfit for the exercise of his profession or is likely to
influence or embarrass the administration of justice by the High Court or any
other subordinate court may be regarded as misconduct.
Q. qualifications(6mrks) and disqualifications of an advocate for enrolment on a
state roll(10mrks)
Sec.24. Persons who may be admitted as advocates on a State roll.―
(1) Subject to the provisions of this Act, and the rules made thereunder, a person
shall be qualified to be admitted as an advocate on a State roll, if
he fulfils the following conditions, namely:―
(a) he is a citizen of India:
Provided that subject to the other provisions contained in this Act, a national of
any other country may be
admitted as an advocate on a State roll, if citizens of India, duly qualified, are
permitted to practise law in that
other country;
(b) he has completed the age of twenty-one years;
(c) he has obtained a degree in law—
(i) from any University in the territory of India; or
(ii) before the 15th day of August, 1947, from any University in any area which
was comprised before that date within India as defined by the Government of
India Act, 1935;
[(iii) after the 12th day of March, 1967, save as provided in sub-clause (iiia),
after undergoing a three-year course of study in law from any University in India
which is recognised for the purposes of
this Act by the Bar Council of India; or
(iiia) after undergoing a course of study in law, the duration of which is not less
than two
academic years commencing from the academic year 1967-68 or any earlier
academic year from any
University in India which is recognised for the purposes of this Act by the Bar
Council of India; or]
[(iv) in any other case, from any University outside the territory of India, if the
degree is recognised for the purposes of this Act by the Bar Council of India; or]
(e) he fulfils such other conditions as may be specified in the rules made by the
State Bar Council
[(f) he has paid, in respect of the enrolment, stamp duty, if any, chargeable under
the Indian Stamp and an enrolment fee payable to the State Bar Council of
[six hundred rupees and to the Bar Council of India, one hundred and fifty rupees
by way of a bank draft drawn in favour of that Council:]
Provided that where such person is a member of the Scheduled Castes or the
Scheduled Tribes and
produces a certificate to that effect from such authority as may be prescribed, the
enrolment fee payable
by him to the State Bar Council shall be
[one hundred rupees and to the Bar Council of India, twenty-five
rupees.]
[Explanation.―For the purposes of this sub-section, a person shall be deemed to
have obtained a
degree in law from a University in India on the date on which the results of the
examination for that
degree are published by the University on its notice board or otherwise declaring
him to have passed that
examination.]
(2) Notwithstanding anything contained in sub-section (1), 3
[a vakil or a pleader who is a law graduate]
may be admitted as an advocate on a State roll if he—
(a) makes an application for such enrolment in accordance with the provisions of
this Act, not later
than two years from the appointed day; and
(b) fulfils the conditions specified in clauses (a), (b), (e) and (f) of sub-section
(1).
[(3) Notwithstanding anything contained in sub-section (1) a person who—
(a)has, for at least three years, been a vakil or a pleader or a mukhtar, or was
entitled at any time
to be enrolled under any law as an advocate of a High Court (including a High
Court of a former Part B State) or of a Court of Judicial Commissioner in any
Union territory; or
[(aa) before the 1st day of December, 1961, was entitled otherwise than as an
advocate to practise the profession of law (whether by way of pleading or acting
or both) by virtue of the provisions of any law, or
who would have been so entitled had he not been in public service on the said
date; or]
(c) before the 1st day of April, 1937, has been an advocate of any High Court in
any area which was comprised within Burma as defined in the Government of
India Act, 1935 (25 & 26 Geo. 5 C 42); or
(d) is entitled to be enrolled as an advocate under any rule made by the Bar
Council of India in this behalf,
may be admitted as an advocate on a State roll if he—
(i) makes an application for such enrolment in accordance with the provisions of
this Act; and
(ii) fulfils the conditions specified in clauses (a), (b), (e) and (f) of sub-section
(1).]

[sec.24A. Disqualification for enrolment.―

(1) No person shall be admitted as an advocate on a State
roll―
(a) if he is convicted of an offence involving moral turpitude;
(b) if he is convicted of an offence under the provisions of the Untouchability
(Offences) Act, 1955
(22 of 1955);
[(c) if he is dismissed or removed from employment or office under the State on
any charge
involving moral turpitude.
Explanation.―In this clause, the expression “State” shall have the meaning
assigned to it under
article 12 of the Constitution:]
Provided that the disqualification for enrolment as aforesaid shall cease to have
effect after a period of
two years has elapsed since his [released or dismissal or, as the case may be,
removal.]
(2) Nothing contained in sub-section (1) shall apply to a person who having been
found guilty is dealt
with under the provisions of the Probation of Offenders Act, 1958 (20 of 1958).]

Q. fiduciary relationship between client and advocate(10mrks)

The lawyer-client relationship can be described as a fiduciary relationship – the
client places his trust and good faith in the conduct of the lawyer. The lawyer is
expected to act with the utmost respect for the relationship; and may not make
personal gains with information acquired because of that relationship, without
full disclosure.

Lawyers owe a duty to their clients – generally, lawyers are to avoid conflicts of
interest with the client’s affairs; to act honestly and with due skill and diligence;
to communicate clearly and honestly with clients; to follow clients’ instructions;
and to act in the best interest of clients.

Establishing a relationship

When a lawyer is employed in a matter, he is under a duty to diligently assess the

client’s cause and make an honest determination of its merits, whether there is
indeed a legal claim, the best way to pursue the claim, and the probable result of
any action taken. A lawyer should not encourage a claim with no merits just for
an opportunity to bill the client. The lawyer must also refrain from making
promises on outcomes that are beyond their control. Where the matter can be
resolved through a fair settlement, the lawyer is expected to advise the client to
avoid or end litigation if it has begun.

Fees

Lawyers owe their clients a duty of disclosure with regard to their fees. Clients
should know upfront what they will be charged for legal services and what
expenses can be expected for each service. The lawyer is expected to send
regular bills, clearly setting out charges for each service performed. Lawyers are
not allowed to take on the expenses of litigation – the client is responsible for
such expenses/costs – the lawyer may, in good faith, advance the cost of those
expenses as a matter of convenience but the client is expected to reimburse the
lawyer.

Clients are under a duty to pay for the services of their lawyer. Although
professional rules discourage lawyers from suing for their fees, a lawyer can take
legal action for their fees to prevent injustice or fraud. Subject to these
conditions, a lawyer can commence legal action one month after the delivery of
their bill to the client (personally or to their last known address).

Payment for fees can be problematic in the lawyer-client relationship. Unlike

tangible goods that can be repossessed upon failure to pay, usually the client
reaps the benefit of the lawyer’s intellect and services, which cannot be
repossessed by the lawyer. I find often that clients believe, for instance, that
payment for drafting of an agreement is contingent on whether or not the
transaction with the third party goes through. This is a classic example of the A-
B-C relationship. As children, we would say to intruders/third parties in a
discussion, “This is between A and B, so C your way out of this.” The agreement
between lawyer and client for fees to draft an agreement is between A and B.
Unless otherwise agreed, the success of the transaction between the client and the
third party (the party entering into contract with the client) is the C that should be
kept out of the A and B agreement.

So, lawyers owe clients disclosure on their fees, clear bills, and in turn clients
should settle their bills promptly. Your lawyer also has bills to pay!

Confidentiality

The lawyer is under a duty to preserve the client’s confidences. All information
about the client obtained in the course of the lawyer-client relationship cannot be
revealed to third parties without the permission and/or consent of the client or
under an order from a court. This duty extends to the employees of the lawyer
and survives the termination of the lawyer-client relationship.

Conflicts of interest

The lawyer’s interests, or the interests of their associates, must not conflict with
those of the client. A lawyer should discontinue the relationship if he discovers
that a conflict of interest arises because of a relationship with another client
(former or current). At the very least, the lawyer must inform the client of the
potential conflict as soon as they become aware of it.

Lawyers work under the instructions of the client. The lawyer must promptly and
efficiently carry out the instructions of the client provided they are in accordance
with the law. The client cannot expect the lawyer to break the law on their behalf.

Clients’ money
Apart from monies for fees and reimbursement of expenses, monies received
from or on behalf of the client are held by the lawyer on trust for the client.
Those monies should not be co-mingled with the lawyer’s other funds. Such
monies should be held separately in a special account and accounted for to the
client. Also, such monies must not be expended without the permission of the
client.

Communication

The lawyer owes the client regular and clear, written updates on the progress of
their matter. The client in turn must promptly communicate to the lawyer any
changes or information concerning their cause. There is a mutual duty of respect
and courtesy although as the professional, the lawyer bears a heavier burden in
this mutual duty. Clients may get frustrated once in a while and may not be on
their best behaviour. The lawyer must be patient in assisting the client to
understand the law and the legal processes, and in managing their expectations.

Q. role of SBC as tribunal(6mrks)

The State Bar Councils (SBCs) in India do not typically function as tribunals in
the traditional sense. Instead, their primary role is to regulate and oversee the
legal profession, including the enrollment of advocates, maintaining the state roll
of advocates, and handling disciplinary matters related to advocates within their
jurisdiction. However, there are some situations where SBCs may engage in
quasi-judicial or tribunal-like functions:
1. Disciplinary Proceedings: One of the key roles of SBCs is to handle
disciplinary matters involving advocates. When a complaint is filed against
an advocate for professional misconduct or ethical violations, the SBC may
convene disciplinary committees or tribunals to investigate the allegations
and conduct proceedings. These disciplinary committees, while not exactly
tribunals, serve a quasi-judicial function in adjudicating complaints against
advocates.
 2. Suspension or Removal: In disciplinary matters, the SBCs have the
authority to take actions such as suspending an advocate from practice or
even removing them from the roll of advocates. This decision is made after
conducting an inquiry, which resembles a tribunal or quasi-judicial
proceeding in terms of gathering evidence, hearing arguments, and making
a decision based on the facts and applicable laws.
3. Appeal Mechanism: Decisions made by SBCs in disciplinary matters can
be appealed to the Bar Council of India (BCI). The BCI itself functions as
an appellate body, providing another layer of review and, in some sense,
acting as a tribunal for appeals related to disciplinary actions taken by
SBCs.
While SBCs do engage in quasi-judicial functions when handling disciplinary
matters, they are primarily regulatory bodies rather than full-fledged tribunals.
The actual courts and judicial tribunals in India handle legal disputes and cases,
while the SBCs' primary focus is on maintaining the standards and ethics of the
legal profession. However, in the context of disciplinary proceedings, they
perform functions similar to those of tribunals by adjudicating allegations of
professional misconduct against advocates.

Q. various committees of BCI(10mrks)

Based on the directions of the StateBar Council, the Committee shall dispose of
all applications. In case the Committee decides torefuse admission to an
applicant, the matter shall be referred to the Bar Council of India for itsopinion
accompanied with a written statement containing the grounds of refusal of the
application.The application shall be disposed by the Committee in compliance
with the opinion of the BarCouncil of India. If the Enrolment Committee based
on the opinion of the BCI refuses theapplication for enrolment of a person, the
State Bar Council shall send intimation of such refusal,including the name,
address and qualifications of the applicant as well as the grounds of refusal toall
the other State Bar Councils of the country as soon as may be.
Section 10(1)(b)
of the Act deals with composition of Enrolment Committee
which says AState Bar Council shall constitute the following standing
committee, namely:-- an enrolmentcommittee consisting of three members
elected by the Council from amongst its members.
Aparna Basu Mallick vs. Bar Council of India(1983)
It is an admitted fact that the University of Calcutta has long been recognised by
the Bar Councilof India as a University whose degree in law shall be a
qualification for the enrolment as anadvocate. The appellant, therefore, fulfils all
the conditions of Section 24(1) of the Act asapplicable to her including the
condition that she has obtained a degree in law from a University,that is, the
Calcutta University which has been recognised by the Bar Council of India for
the purpose of the Act. Accordingly, the appellant is entitled to claim enrolment
as an advocate.
Disciplinary Committee
The disciplinary committee of the Bar Council of India hears applications for
revision by personsagainst summary dismissal of their complaints against
advocates for professional misconduct, bythe State Bar Councils. Appeals lie
before the Bar Council of India against orders of thedisciplinary committees of
the State Bar Councils. Every such appeal is heard by the disciplinarycommittee
of the Bar Council of India, which may pass an order, including an order varying
the punishment awarded by the disciplinary committee of the State Bar Council.
Each disciplinarycommittee consists of three members. The term of the members
of this committee is three years.
Composition of Disciplinary CommitteeSection 9
of the Act deals with
composition of Disciplinary Committee:
(1)

A Bar Council shall constitute one or more disciplinary committees, each of

which shallconsist of three persons of whom two shall be persons elected by the
Council from amongstits members and the other shall be a person co-opted by
the Council from amongstadvocates who possess the qualifications specified in
the proviso to sub-section (2) ofsection 3 and who are not members of the
Council, and the senior-most advocate amongstthe members of a disciplinary
committee shall be the Chairman thereof.
V. C. Rangadurai Vs. D. Gopalan
Held: The Supreme Court of India upheld the order passed by the disciplinary
committee as therewas no doubt regarding the advocates misconducts but
reduced the punishment from six years toone year.

Executive Committee
Composition of Executive CommitteeSection 10(1)(a)-
A State Bar Council shall constitute an executive committee consisting of
fivemembers elected by the Council from amongst its members

Section 10(2)(a)-
The Bar Council of India shall constitute standing committees, namely:
anexecutive committee consisting of nine members elected by the Council from
amongst its members

Legal Education Committee

CompositionSection 10(2)(b) of Advocates Act provides for constitution of
Legal Education Committee,
it provides;The Bar Council of India shall constitute standing committees,
namely: a legal educationcommittee consisting of ten members, of whom five
shall be persons elected by the Council fromamongst its members and five shall
be persons co-opted by the Council who are not membersthereof.The Legal
Education Committee consists of five members of the Bar Council of India and
fivecoopted members to represent the judiciary, the Law Ministry, the University
Grants Commission,and academia. This committee makes recommendations to
the Bar Council of India on all matters pertaining to legal education in the
country. The committee elects its own Chairman.
Composition of Legal Aid Committee under Advocate Act 1961
Section 9A- Constitution of legal aid Committees.
—
(1)

A Bar Council may constitute one or more legal aid committees each of which
shallconsist of such number of members, not exceeding nine but not less
then five, as may be prescribed.(2)

The qualifications, the method of selection and the term of office of the members
of legalaid committee shall be such as may be prescribed.

Q. privileges and duties of an advocate under the advocate’s act,

1961(10/20mrks)
The Advocates Act of 1961 in India governs the legal profession in the country,
outlining the privileges and duties of advocates. Advocates are expected to
adhere to a code of ethics and conduct set forth in the Act. Here are some of the
key privileges and duties of advocates under the Advocates Act, 1961:
Privileges of Advocates:
1. Right to Practice: Advocates have the privilege of practicing law in India.
They are entitled to represent clients in courts and before other legal
authorities.
2. Right to Appear: Advocates have the right to appear before any court or
tribunal in India, including the Supreme Court, High Courts, and
subordinate courts. They can also represent clients before quasi-judicial and
administrative bodies.
3. Right to Practice Privately: Advocates have the privilege of practicing
privately as independent professionals. They can choose to work as
individual practitioners or in partnership with other advocates.
 4. Legal Immunity: Advocates are generally immune from civil liability for
acts committed in the discharge of their professional duties. This privilege
protects them from being sued for damages while representing clients.
Duties of Advocates:
1. Duty to the Court: Advocates have a primary duty to the court, which
includes upholding the dignity and authority of the judiciary. They must act
with fairness and integrity in court proceedings.
2. Duty to the Client: Advocates have a duty to their clients. This involves
representing the client's interests to the best of their ability, maintaining
confidentiality, and providing competent legal advice.
3. Duty to Uphold the Law: Advocates are duty-bound to uphold the rule of
law and act in a manner consistent with the law. They must not engage in
any activity that undermines the legal system.
4. Duty to Maintain Confidentiality: Advocates must maintain the
confidentiality of client information and legal matters unless required by
law to disclose or unless the client provides consent to disclosure.
5. Duty to Avoid Conflicts of Interest: Advocates should avoid conflicts of
interest and cannot represent clients whose interests conflict with those of
other clients.
6. Duty to Uphold Professional Ethics: Advocates are expected to follow the
professional ethics and standards set out by the Bar Council of India (BCI).
This includes rules related to professional conduct, integrity, and decorum.
7. Duty to the Bar Council: Advocates must pay the prescribed fees to the
State Bar Council, comply with continuing legal education requirements,
and maintain professional registration with the Bar Council.
8. Duty to Opponents: Advocates must treat opposing parties and their
advocates with respect and professionalism, refraining from any behavior
that is disrespectful or unbecoming of the legal profession.
The Advocates Act, 1961, empowers the Bar Council of India (BCI) and the State
Bar Councils (SBCs) to regulate and oversee the conduct of advocates. They
have the authority to take disciplinary action against advocates who violate their
professional duties and code of ethics. Advocates are expected to maintain the
highest standards of professionalism, uphold the law, and act in the best interests
of their clients while respecting the integrity of the legal system.
Q. composition of BCI / SBI(6mrks)
Sec.3(2) A State Bar Council shall consist of the following members, namely:―
(a) in the case of the State Bar Council of Delhi, the Additional Solicitor-General
of India, ex officio; and in the case of any other State Bar Council, the Advocate-
General of the State, ex officio;
[(b) in the case of a State Bar Council with an electorate not exceeding five
thousand, fifteen members, in the case of a State Bar Council with an electorate
exceeding five thousand but not exceeding ten thousand, twenty members, and in
the case of a State Bar Council with an electorate exceeding ten thousand,
twenty-five members, elected in accordance with the system of proportional
representation by means of the single transferable vote from amongst advocates
on the electoral roll of the State Bar Council:]
[(3) There shall be a Chairman and a Vice-Chairman of each State Bar Council
elected by the Council in such manner as may be prescribed.

Sec.4. Bar Council of India.―

(1) There shall be a Bar Council for the territories to which this Act extends to be
known as the Bar Council of India which shall consist of the following members,
namely:―
(a) the Attorney-General of India, ex officio;
(b) the Solicitor-General of India, ex officio;
(c) one member elected by each State Bar Council from amongst its members.
[(1A) No person shall be eligible for being elected as a member of the Bar
Council of India unless he possesses the qualifications specified in the proviso to
sub-section (2) of section 3.]
[(2) There shall be a Chairman and a Vice-Chairman of the Bar Council of India
elected by the Council in such manner as may be prescribed.
Q. restrictions on a advocate for employment(6mrks)
Advocates in many jurisdictions, including India, are subject to certain
restrictions and ethical guidelines when it comes to their employment or
engagement in other occupations. These restrictions are designed to ensure that
advocates maintain the highest standards of professionalism, independence, and
ethical conduct. Below are some of the common restrictions placed on advocates
for employment or related activities:
1. Full-Time Practice: Advocates are generally expected to engage in the
full-time practice of law. This means that their primary and predominant
occupation should be the practice of law, and they should not engage in
full-time employment or business activities outside the legal profession.
2. Prohibited Employment: Advocates are typically prohibited from holding
certain types of employment or engaging in businesses that could create
conflicts of interest or compromise their professional independence. For
example, they may not be allowed to work for or be associated with
organizations or companies involved in activities contrary to the interests of
justice or that could undermine the integrity of the legal profession.
3. Part-Time or Consultation: Advocates may engage in part-time legal
work or offer legal consultation services. However, they must ensure that
such part-time activities do not interfere with their primary role as an
advocate or lead to conflicts of interest.
4. Disclosure of Interests: Advocates should disclose any potential conflicts
of interest to their clients or potential clients when they are engaged in part-
time or additional employment. This ensures transparency and allows
clients to make informed decisions.
5. No Conflict of Interest: Advocates must avoid situations where their
additional employment or business interests create a conflict of interest
with their obligations to their clients. They should not take on cases or
clients that conflict with their employment or business interests.
 6. Maintaining Independence: Advocates should always maintain their
independence and avoid any situations that compromise their professional
judgment or create undue influence from their employers or business
interests.
7. Non-Legal Activities: Advocates may engage in non-legal activities, such
as writing or teaching, as long as these activities do not undermine their
obligations to clients and the legal profession's ethical standards.
8. Disclosure of Interests to Bar Council: In some jurisdictions, advocates
may be required to disclose their employment or business interests to the
relevant Bar Council to ensure compliance with professional ethics and
standards.
These restrictions aim to uphold the integrity and independence of the legal
profession while ensuring that advocates prioritize their professional duties to
clients and the administration of justice. It's essential for advocates to be aware of
the rules and regulations of their jurisdiction and consult with the appropriate
regulatory body if they have any questions about specific employment-related
restrictions.

Q. procedure of appointment of senior advocate(8mrks)

The procedure for the appointment of a senior advocate in India typically follows
a structured process, which is governed by the rules and guidelines set forth by
the Bar Council of India (BCI). The designation of a senior advocate is an honor
and recognition of an advocate's standing in the legal profession and their
contributions to the field. Here is a general overview of the procedure for
appointing a senior advocate:
1. Eligibility Criteria:
 To be eligible for appointment as a senior advocate, an advocate must
have practiced as an advocate for a certain number of years. The
specific years of practice required may vary from one State Bar
Council to another but are generally around ten years or more.
2. Application: The advocate who wishes to be designated as a senior
advocate must submit an application to the respective State Bar Council.
The application should include details of their legal practice, experience,
notable cases, and contributions to the legal profession.
 3. Screening and Evaluation:
 The State Bar Council's designated committee, often called the
"Senior Advocate Selection Committee," reviews the applications.
 The committee evaluates the applicant's professional conduct, legal
knowledge, integrity, and contributions to the field. It may also
consider their participation in legal education, writing, or lecturing.
4. Recommendation by Committee:
 After reviewing the applications, the committee makes
recommendations for the appointment of senior advocates. The
recommendations are then submitted to the Full Bench of the State
Bar Council for approval.
5. Full Bench Approval:
 The Full Bench of the State Bar Council reviews the
recommendations made by the committee and decides whether to
approve the appointment of the advocate as a senior advocate.
6. Notification and Swearing-In:
 Once the advocate is approved as a senior advocate, they are notified
by the State Bar Council.
 A formal swearing-in ceremony is typically conducted to officially
designate the advocate as a senior advocate. During this ceremony, the
advocate takes an oath to uphold the standards and ethics of the legal
profession.
7. Rights and Privileges:
 Upon appointment as a senior advocate, the advocate is entitled to
certain rights and privileges, including the right to sit in a designated
area of the court, the right to be heard before other advocates, and the
right to assist the court as an amicus curiae (friend of the court).
It's important to note that the specific rules and procedures for appointing senior
advocates can vary from one State Bar Council to another, so it's essential for
advocates seeking this designation to consult the rules and guidelines of their
respective State Bar Council. Additionally, the process and criteria may be
subject to change over time, so advocates should stay informed about any
updates to the appointment procedure.