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    Lawyers in The Medeival Ages

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    Arun Vignesh
    During medieval times in India, vakils (lawyers) would represent parties in courts and advise the poor. The institution of muftis (legal advisors) also developed under Mughal rule. In England, the legal profession emerged in the 13th century with serjeants (pleaders) and attorneys. Various ordinances regulated their admission and conduct. In the 17th century, attorneys evolved into solicitors, and barristers emerged as advocates. Under British rule in India, lawyers were known as vakils. The profession became more organized in the 20th century with bar councils.

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    Lawyers in The Medeival Ages

    Uploaded by

    Arun Vignesh
    73 views29 pages
    During medieval times in India, vakils (lawyers) would represent parties in courts and advise the poor. The institution of muftis (legal advisors) also developed under Mughal rule. In England, the legal profession emerged in the 13th century with serjeants (pleaders) and attorneys. Various ordinances regulated their admission and conduct. In the 17th century, attorneys evolved into solicitors, and barristers emerged as advocates. Under British rule in India, lawyers were known as vakils. The profession became more organized in the 20th century with bar councils.

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    LAWYERS IN THE MEDEIVAL AGES

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    During medieval times in India, vakils (lawyers) would represent parties in courts and advise the poor. The institution of muftis (legal advisors) also developed under Mughal rule. In England, the legal profession emerged in the 13th century with serjeants (pleaders) and attorneys. Various ordinances regulated their admission and conduct. In the 17th century, attorneys evolved into solicitors, and barristers emerged as advocates. Under British rule in India, lawyers were known as vakils. The profession became more organized in the 20th century with bar councils.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    73 views29 pages

    Lawyers in The Medeival Ages

    Uploaded by

    Arun Vignesh
    During medieval times in India, vakils (lawyers) would represent parties in courts and advise the poor. The institution of muftis (legal advisors) also developed under Mughal rule. In England, the legal profession emerged in the 13th century with serjeants (pleaders) and attorneys. Various ordinances regulated their admission and conduct. In the 17th century, attorneys evolved into solicitors, and barristers emerged as advocates. Under British rule in India, lawyers were known as vakils. The profession became more organized in the 20th century with bar councils.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    of 29

    LAWYERS IN THE

    MEDEIVAL AGES
     Mughal times Vakils were appointed to
    represent the government in courts of justice,
    along with Kazi, and also act as legal advisor
    to the poor
     PANCHAYATS
     Qazi-e-Parganah.
     District Qazi.
     Adalat-Nazim-eParganah and Adalat-Nazim-
    e-Suhah.
     GOVERNORS COURT
     Lawyers known as Vakil-e-Sharei were
    appointed during the regime of Shahjahan
    and his successor, to defend civil suits
    against the state and to assist poor litigants
    with free legal advice.
     The Vakils then, had to file their power of
    attorney in all cases. There existed no
    association or any autonomous professional
    organisation.
     There was no emphasis on high legal learning
    nor stress or the urge for observance of any
    well laid down professional standards of
    conduct
     According to the dictum of Omar, the second
    Caliph of Islam, who said that the practice of
    the law was to be in good faith, and to be
    pursued with sincerity
     overall picture of the actual working of the
    vakils had little semblance with the legal
    profession of the day.
     The institution of Muftis, though unregulated,
    developed during the MughaJ period.
     Their assistance was particularly required in
    criminal cases.
     The Muftis, who were attached to Court and
    were in fact the law officers of the
    Government, expounded the law in the light
    of which the presiding officer of the Court
    pronounced the sentence.3
     The vakil was paid a percentage of the
    amount in the suits.
     The Court of the native administrations
    concerned determined who should be allowed
    to appear as Vakil in a Zilla Court. Even
    during this period, the legal profession was
    not organised.
     The Vakils acted more as agents for
    principals than as lawyer.
    PROFESSION DURING THE
    BRITISH RULE
     The legal profession emerged in the reign of
    Edward I (1272-1307).
     Two types of lawyers – the serjeants and
    attorneys.
     Serjeants were pleaders who spoke for the
    clients while attorneys handled procedural
    matters.
     Later, attorneys also appeared on behalf of
    litigants.
     In England, the admission of lawyers has
    been regulated since the middle of the 13th
    century.
     In the late 13th century, three critical
    regulations were adopted –
    a. the Statute of Westminster I, chapter 29
    (1275); b. The London Ordinance of 1280; and
    c. the Ordinance of 1292, de Attornatis et
    Apprenticiis.
     The London Ordinance of 1280 regulated
    both admission to practice and lawyer
    conduct in the courts of London.
     The function of a countor was to stand and
    plead, and count counts and make
    propositions at the Bar, which prohibited
    unprofessional pleading.
     The Ordinance of 1292 dealt with the
    admission of attorneys and apprentices to the
    Common Bench.
     It directed the Chief Justice and other
    Justices to regulate the number of attorneys
    admitted to practice before the Common
    Bench. They were also directed to establish
    quotas for each county.
     During the medieval period, further
    regulations were enacted, called t
     The Statute, 4 Henry IV, chapter 18 (1402)
    and
     The Ordinance, 33 Henry VI, chapter 7
    (1455).
     Sergeants-at-law were appointed by patents
    from the king.
     The first recorded call to the order of
    Sergeants was in 1338 A.D. By the time
    Richard 11 (1377-1399) the admission to
     the order of Sergeants-at-law became like a
    degree ceremony.
     The Sergeants had to take oath to serve the
    King's people. They had a distinctive dress.
     The narrators or counters other than the
    Sergeants came to be known as 'apprentices'.
     The term denotes they learnt at the feet of
    the Sergeants.
     These 'apprentices' were later on known as
    'Barristers', perhaps from the middle of
    fifteenth century
     'Bar' was set in front of the Benchers who sat
    at the top of the hall during a moot while the
    Barristers sat below the Bar.
     Those at
     the extremity were called 'outer' or 'utter'
    Barristers, while those at the centre were
    called 'inner' Barristers
     Edward I, Inns of Courts were established in
    proximity to courts for the training of
    apprentices in law.
     Each Inn has its 'Bench' of senior members
    and Judges who are the 'Masters' or 'Benchers'
    of the Inn
     The General Council of the Bar (Bar Council),
    created in 1895, now represents the Bar as a
    profession.
     The General Council of the Bar is an elected
    body and has no disciplinary powers but as a
    matter of long accepted practice complaints
    are made to it which if necessary are referred
    by it to the Senate of Four Inns of Court.
    17th CENTURY
     Barristers
     Solicitors
     Attorneys
     Conveyances or Scriveners,
     and Pleaders.
    ATTORNEYS
     The attorneys were regarded as officers of
    the Court selected by the Judges
     Later Attorneys were downgraded leading to
    evolution of class of solicitors
     The Solicitors were admitted on the roll of
    Chancery.
    18th CENTURY
     attorneys, the solicitors and proctors
    amalgamated into one society under the
    name of the Society of Gentlemen
    Practitioners in the Courts of Law and Equity
     Barrister must qualify for Call to the Bar he
    must pass the examinations conducted by the
    Council of Legal Education
     Referred by the Solicitor
     A Barrister who is entitled to practise and who
    hold himself out as ready to do so, not being
    otherwise employed in the whole time
    occupation; or
     A Barrister whose regular occupation is that
    of editor or reporter of any series of law
    reports entirely written and edited by
    Barristers for the use of the legal profession.
     Solicitors have a right of audience in inferior courts
    and Crown Courts, Barristers may appear in all
    courts,
     (ii) Solicitors are liable for negligence in the conduct
    of a case; Barristers are not so liable.
     (iii)Solicitors are agents for their clients and can bind
    them by what they say; Barristers cannot so bind their
    clients,
     (iv) Solicitors may make binding contracts with
    clients; Barristers cannot make such contracts with
    clients
     (v) Solicitors deal with client direct; Barrister deal with
    clients only through the medium of a Solicitor
     Solicitors are controlled by statute (Solicitors Act,
    1839 - 1965); while Barristers are controlled by
    their Inns of Court and established Senate and
    non-statutory bodies.
     (viii) The Solicitor continues representing the
    client until all the work is finished, so that
    whenever a Barrister is used, the client is being
    concurrently represented by at least two lawyers.
     (ix)In addition to their litigation work. Barristers
    also perform an important advisory role on
    matter unrelated to litigation. They tend to be
    more restrictively specialized and as a group
    have a greater variety of specialities than
    Solicitors.
     New Practice Rules and Publicity Code
    published in 1987
     Solicitors Practice Rules, 1936/72. – banned
    individual advertising
     Publicity in conformity with the five guiding
    principles
     (i) Solicitor’s independence or integrity,
     (ii) the client's freedom to instruct a solicitor
    of the client's choice
     (iii) the solicitors duty to act in the best
    interests of the clients,
     (iv) the good repute of the Solicitor or of the
    Solicitors profession, and
     (v) the Solicitors' proper standard of work.
     Publicity must be in good taste as such
     it was accepted

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