LEGAL STUDIES – XII

Unit 7 – LEGAL PROFESSION IN INDIA

A. Brief History of Legal Profession in India
• The Legal Practitioner's Act, 1846 allowed qualified practitioners of any nationality
or religion (excluding women) to practice law.
• Women were finally permitted to practice law under the Legal Practitioner's (Women)
Act, 1923.

The Advocates Act, 1961

To consolidate the laws on legal practice and establish a Bar Council, the Advocates Act, 1961
was enacted.
Provisions of the Advocates Act, 1961
1. One Category of Legal Practitioners – Advocate
o The previous system that recognized vakils, pleaders, mukhtars, and barristers
was abolished.
o A single category of “Advocates” was introduced.
o Advocates are entitled to practice before any court, tribunal, or authority in
India, including the Supreme Court.
Classification of Advocates:
o Senior Advocates: Distinguished by their expertise and standing at the Bar,
they are designated by the Supreme Court or High Courts.
o Other Advocates (Junior Advocates): Advocates enrolled with State Bar
Councils and eligible to practice throughout India.
Eligibility for Enrolment as an Advocate
o Must be a citizen of India, 21 years or older, and hold an LL.B degree from
a recognized Indian University.
o Since 2010, clearing the All India Bar Examination (AIBE) is mandatory for
new Advocates.
o Foreign nationals can practice law in India only on a condition where their
country offers similar rights to Indian lawyers.

Senior Advocate and Advocate-on-Record (AOR)

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 • Senior Advocates:
o Designated by the Supreme Court or High Courts for their exceptional legal
expertise and standing.
o Restrictions:
1. Cannot appear in court without a junior advocate.
2. Cannot file vakalatnamas or draft pleadings.
3. Cannot offer evidence advice or perform drafting to the client.
o Identifiable by their distinctive gown with a back flap.

• Advocate-on-Record (AOR)
o Exclusively authorized to file cases or documents in the Supreme Court.
o Responsible for receiving court communications and submitting vakalatnamas.
o Requirements:
1. Must practice as an advocate for 4 years.
2. Undergo 1-year training with an AOR.
3. Pass the AOR Examination conducted by the Supreme Court.
4. Keep a registered office within 10 miles (16 km) of the Supreme Court
and shall have a registered clerk.

2. State Bar Councils under the Advocates Act, 1961

Formation of State Bar Councils
• Each state has a State Bar Council formed under the Act.
• Members:
o The Advocate General of the State is an ex-officio member.
o 15 to 25 members are elected for a 5-year term.
o The Bar Council of India (BCI) nominates 2 members from advocates on the
state's electoral roll.
Enrolment of Advocates
• Applications for enrolment as advocates are made to the State Bar Council.
• The State Bar Council maintains a Roll of Advocates with names and addresses of
those admitted.

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 Functions of State Bar Councils

• Regulation and Administration:

o Admit advocates and maintain their roll.
o Handle cases of misconduct against advocates.
o Safeguard the rights, privileges, and interests of advocates.

• Promotion of Legal Profession:

o Support the development of Bar Associations.
o Organize seminars and talks by eminent jurists.
o Publish legal journals and papers.
o Promote and support law reforms.

• Welfare and Legal Aid:

o Provide legal aid to the poor.
o Establish and manage funds for welfare schemes, including assistance for
disabled or needy advocates.
o Accept grants, donations, and gifts for these purposes.

• Educational and Financial Functions:

o Visit and inspect universities offering legal education.
o Manage and invest the funds of the Council.

• Miscellaneous Functions:
o Conduct elections for its members.
o Establish and maintain law libraries.

The State Bar Councils play a critical role in regulating the legal profession, promoting welfare
for advocates, and contributing to legal education and reforms. They also act as the point of
contact for addressing issues related to misconduct and grievances of advocates.

3. The Bar Council of India (BCI)

• The Bar Council of India (BCI), established under the Advocates Act, 1961, regulates
both the legal profession and legal education in India.

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 • The Attorney-General and Solicitor General of India are ex-officio members.
• One member from each State Bar Council is elected to the BCI, which elects its own
Chairman and Vice Chairman.

History of Bar Council of India

• In 1923, the Government of India appointed the Chamier Committee, headed by Sir
Edward Chamier (former Chief Justice of the Patna High Court).
• The Committee recommended establishing Bar Councils for each High Court, with
powers to regulate:
o Admission of advocates
o Legal education
o Discipline and professional conduct
• Based on these recommendations, the Indian Bar Councils Act, 1926 was passed.
• The BCI was formally established through the Advocates Act, 1961, consolidating
regulations for the legal profession in India.

Functions of the Bar Council of India

Regulatory Functions
• Professional Conduct: Prescribes standards of professional conduct and etiquette for
advocates.
• Discipline: Exercises disciplinary jurisdiction over advocates and guides State Bar
Councils.
• Legal Education: Sets standards for legal education, regulates course content and
syllabus, and recognizes universities for law degrees.
• Foreign Qualifications: Recognizes foreign law degrees on a reciprocal basis.
Representative Functions
• Advocate Welfare: Safeguards the rights, privileges, and interests of advocates.
• Welfare Funds: Manages funds for financial assistance to advocates.
• Legal Aid: Organizes legal aid for the poor.
• Law Reform: Promotes and supports law reforms.

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 Educational and Awareness Functions
• Seminars and Publications: Conducts seminars, talks by jurists, and publishes legal
journals and papers.
• University Inspections: Visits and inspects universities or directs State Bar Councils
for inspections.
Administrative Functions
• Election Management: Provides for the election of its members.
• Fund Management: Manages and invests BCI funds.

The BCI plays a crucial role as the guardian of legal standards in India, ensuring that legal
education and practice are of high quality while protecting the rights and interests of advocates
across the country.

B. Lawyers and Professional Ethics

The Bar Council of India (BCI) Rules lays down the ethical and professional duties that
advocates must follow. These rules aim to maintain the dignity of the legal profession and
ensure justice.

Professional Duties of Advocates

• Duty Toward the Court:

o Maintain a respectful and dignified attitude toward the court.
o Avoid private communication with judges to preserve impartiality.
o Act lawfully and fairly toward the opposition.
o Decline to represent clients who insist on using dishonest or illegal tactics.

• Duty Toward Clients:

o Accept Briefs: Bound to accept cases unless there are valid reasons to decline.
o No Arbitrary Withdrawal: Cannot withdraw from representing a client
without reasonable cause.
o No Conflicts: Must not appear in cases where they are witnesses or have a
conflict of interest.
o Confidentiality: Must maintain client confidentiality at all times.
o No Instigation: Should not encourage unnecessary litigation.

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 o No Contingency Fees: Cannot charge fees based solely on the outcome of a
case.

• General Conduct:
o Ensure promises made are fulfilled legitimately.
o Avoid direct negotiations with the opposing party; communicate only through
the opposing advocate.
o Uphold honesty, integrity, and professional standards in all dealings.

Consequences for Breach

• Breaching these duties can lead to disciplinary action by the Bar Council, including:
o Suspension from practice
o Debarment from the profession
These rules safeguard both the legal profession's integrity and the rights of clients, ensuring
that advocates remain fair, ethical, and committed to justice.

C. Advertising by Lawyers
Advertising Restrictions for Lawyers in India:
• The Bar Council of India (BCI) imposes strict limitations on lawyer advertising.
• Lawyers cannot promote themselves through:
o Circulars, advertisements, or personal communication
o Media interviews or newspaper comments about their cases
o Publishing photographs linked to their cases
• Lawyers may create websites but only provide 5 types of information:
o Name of advocate/firm
o Contact details
o Bar enrolment information
o Professional and academic qualifications
o Areas of practice

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 Global Practices:
• USA:
o Lawyers can advertise subject to certain rules like prohibiting false/misleading
ads.
o Lawyers in the US can provide information about class actions, can approach
clients by handing out business cards and can advertise on internet forums.
• UK: Initially followed a strict “noble profession” approach, banning advertisements,
but has relaxed restrictions.
• France: Allows regulated advertising.
• Hong Kong: Restricts TV, radio, and cinema ads but allows print media
advertisements.

Arguments related to Advertising:

• Arguments against advertising:
o Legal practice should remain noble and respectable.
o Advertising may tarnish the credibility of profession.
• Arguments in favour of advertising:
o Helps the public access information on legal rights and services.
o Enhances access to justice by making lawyers more accessible.
Countries are moving towards a balanced approach to regulate advertising while safeguarding
the profession's integrity and the public's interest.

D. Liberalization and Globalization of Legal Profession

Liberalization of Legal Profession in India:
• Globalization and Liberalization: In the 1990s, globalization permitted the removal
of trade and service barriers, including legal services.
• Initial Steps: The Reserve Bank of India (RBI) allowed three foreign law firms to set
up liaison offices in India during the early 1990s.
• GATS Agreement (1995):
o Part of the World Trade Organization (WTO), it created rules for liberalizing
legal services, including advisory, documentation, certification, and information
services.

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 • Opposition from the Bar Council of India (BCI):
o From 2002 to 2007, the BCI opposed the entry of foreign law firms.
• Judicial Stand:
o Bombay High Court (2011): Ruled against allowing foreign law firms to
operate liaison offices in India.
o Madras High Court (A.K. Balaji case): Permitted foreign lawyers to visit
India temporarily on a “fly-in-fly-out” basis to provide legal advice.

Globalization of the Legal Profession:

• Meaning: Globalization involves integrating a country's economy and legal framework
with the international system.
• Globalization of Law:
o Implies the idea of creating a uniform global legal framework.
• Need for Transnational Law:
o As international trade and cross-border activities grow, a common legal system
is required.
• Opportunities for Lawyers:
o Primarily available in Common Law countries like the USA, UK, Canada, and
Australia.
o However, lawyers trained in one country often cannot practice in another
without re-qualification due to different legal systems.

E. Women and the Legal Profession in India

Women in India were officially allowed to practice as advocates after the Legal Practitioners’
(Women) Act, 1923. Before this Act, legal practice was restricted only to men.
Developments:

• Early Court Rulings Against Women:

o In 1916, the Calcutta High Court ruled that women, despite their qualifications,
could not be enrolled as lawyers.
o In 1922, the Patna High Court rejected Ms. Hazra's application to become a
legal practitioner, stating that the existing legal provisions referred only to men.

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 • Landmark Case in Allahabad High Court (1921):
Ms. Cornelia Sorabji became the first woman lawyer in India when she was allowed to
enrol as a Vakil by the Allahabad High Court.

• Legal Change (1923):

The Legal Practitioners’ (Women) Act, 1923 finally abolished the legal restriction,
allowing women to practice law in India.
Gender Bias in the Legal Profession:
Despite the growing presence of women in the profession, gender inequality remains an issue.
In 2022, women made up only 15.3% of lawyers in India. However, recent trends show
improvements, particularly in corporate legal sectors where gender biases are reducing.

F. Legal Education
Legal Education in India
• Regulation: Managed by the Bar Council of India (BCI), which sets standards for
legal education.
• Types of Law Programs:
1. 3-year LL.B.: Requires a prior undergraduate degree.
2. 5-year Integrated LL.B.: Starts after secondary school (includes BA LL.B.,
BBA LL.B., etc.).
• Development:
o Professor N.R. Madhava Menon was instrumental in modern legal education
by establishing the first National Law School (NLSIU) in Bangalore in 1987.
o India now has 24 National Law Universities (NLUs), with most admitting
students through CLAT; NLU Delhi conducts its own AILET, and other
universities accept the LSAT.
• Foreign Legal Degrees: The BCI recognizes specific foreign law degrees for
enrolment as advocates.

Legal Education in the USA

• Education Path:
1. Undergraduate Degree: 4 years in any field.
2. Law School: 3-year Juris Doctor (J.D.) after passing the LSAT.

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 3. Teaching Methods: Use case study methods.
• Licensing Requirements:
o Pass a state-specific Bar Exam (e.g., New York and California are difficult).
o Meet character and fitness requirements.
o Complete Continuing Legal Education (CLE) to maintain a license.
o Foreign lawyers can appear for certain state Bar Exams after degree evaluation
or LL.M. courses.

Legal Education in the UK

• Education Path:
1. LL.B.: 3 years after secondary school.
2. Solicitor Route: Complete the Legal Practice Course (LPC) and a training
contract.
3. Barrister Route: Complete the Bar Vocational Course (BVC) and a pupillage
(one-year training period).
4. Non-Law Graduates: Can pursue the Graduate Diploma in Law (GDL) as a
conversion course that allows them to switch to a legal career without having a
prior law degree.
• Foreign Lawyers:
o Qualified lawyers can re-qualify via the Qualified Lawyers Transfer Scheme
(QLTS).
o European lawyers may practice under certain requirements.

Differences Between India, the USA, and the UK

• Degree Requirement:
o India: Can begin law after high school or after undergraduate degree.
o USA: Requires a prior undergraduate degree.
o UK: LL.B. starts directly after high school.

• Licensing:
o India: Bar Council regulates admission.
o USA: Bar Exams are state-specific.

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 o UK: Split between barristers and solicitors, with no simultaneous practice
allowed.

• Barristers specialize in courtroom representation and advocacy.

• Solicitors handle legal advice, client management, and paperwork.

India USA UK

Solicitors
American Bar Regulation
Regulatory Bar Council Authority (SRA) &
Association
Body of India (BCI) Bar Standards
(ABA)
Board (BSB)

After high
school (5-year After a 4-year Directly after high
Entry into LL.B.) or undergraduate school (3-year
Law after degree (any LL.B.)
graduation (3- field)
year LL.B.)
3-year LL.B., 3-year LL.B.,
5-year 3-year Juris Graduate Diploma
Law Degrees in Law (GDL) for
Integrated Doctor (J.D.)
LL.B. non-law graduates

CLAT (most University

NLUs), admission, GDL
LSAT for law
Admission AILET (NLU (Graduate Diploma
school
Process Delhi), LSAT in Law) for non-
admission
(some private law graduates
universities)
Lecture-based Lecture-based with
Teaching with some Case study some case study
Method case study method methods
methods
Solicitors: Legal
Practice Course
No mandatory (LPC) + 2-year
Post-Law No mandatory training contract;
training
School training before Barristers: Bar
before Bar
Training Bar exam Vocational Course
enrolment
(BVC) + 1-year
pupillage

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 India USA UK

Solicitors qualify
Enrol with the via SQE (replacing
Must pass a
Licensing & BCI after LPC); Barristers
state-specific
Bar Exam completing qualify via BPTC +
Bar Exam
LL.B. Pupillage

Foreign lawyers
BCI Qualified Lawyers
may take some
recognizes Transfer Scheme
Foreign state Bar Exams
certain (QLTS) for foreign
Lawyers after LL.M. or
foreign law lawyers
degree
degrees
evaluation
Advocate,
Attorney, Judge, Solicitor, Barrister,
Judge, Legal
Corporate Judge, Legal
Career Paths Consultant,
Counsel, Law Consultant
In-house
Professor
Counsel
No formal Barristers
No division specialize in
division;
between advocacy,
Specialization attorneys
solicitors and Solicitors handle
handle all
barristers client matters
aspects

G. Opportunities for Law Graduates

A law degree offers multiple career paths beyond traditional legal practice. It enhances
analytical thinking and structured communication skills. Some major career options include:
1. Litigation (Advocacy)
• Work as an advocate in courts.
• Gain experience under senior lawyers or in law firms’ litigation departments.
2. Law Firm Practice
• Join boutique, mid-sized, or large law firms.
• Specialize in areas like corporate law, mergers & acquisitions, taxation, intellectual
property, and dispute resolution.
• Assist in drafting contracts, advising on transactions, and regulatory compliance.

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3. Corporate Sector (In-House Counsel)
• Work as legal advisors for companies, banks, media houses, and e-commerce firms.
• Ensure compliance with laws and manage legal issues within the organization.
4. Public Policy
• Assist in lawmaking and policy research.
• Opportunities in organizations like PRS Legislative Research (LAMP Fellowship),
Competition Commission of India (CCI), and Securities and Exchange Board of India
(SEBI).
5. Legal Research & Academia
• Work with research institutes and think tanks.
• Become a professor in universities (LL.M. and Ph.D. often required).
• Short-term teaching roles as Visiting/Guest-Faculty Professors.
6. Non-Governmental Organizations (NGOs)
• Work in legal aid, women’s rights, environmental law, consumer rights, and public
health organizations.
• Engage in policy advocacy and grassroots legal initiatives.
7. Government Institutions
• Positions available in National Human Rights Commission, Law Commission of India,
and National Commission for Women.
• Regulatory bodies and Public Sector Undertakings (PSUs) also hire legal professionals.
8. Higher Studies
• Pursue LL.M. or research degrees (M.Phil., Ph.D.) in India or abroad.
• Study interdisciplinary subjects like Business, Economics, and Sociology.
9. Judicial Services & Clerkships
• Work as a Judicial Clerk assisting High Court or Supreme Court judges.
• Qualify for the Judicial Services Exam to become a Judge in subordinate courts, with
potential to rise to higher courts.
10. Judge Advocate General (JAG) in the Indian Army
• Serve as a legal officer handling military law, human rights, and disciplinary cases.
• Provide legal counsel to the Army and assist in emerging fields like cyber and space
law.

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