by Yuvi - May 6, 2023

The Advocates Act

The Advocates Act, 1961 is a legislation that governs the legal profession in India. It lays down the rules and regulations for the enrollment, conduct, and discipline of advocates. The Act was enacted to establish a unified system of regulation of the legal profession in the country and to provide for the constitution of Bar Councils at the state and national level.

Need for the Advocates Act, 1961

The legal profession in India was previously unregulated, leading to a lack of uniformity in the standards of education, training and conduct of advocates. The Advocates Act was enacted to address these issues and to provide for a unified system of regulation of the legal profession.

Importance of the Act

The Advocates Act plays a crucial role in maintaining the integrity and independence of the legal profession. It lays down the standards for admission and enrolment of advocates, as well as the rules of conduct for advocates. The Act also provides for the constitution of Bar Councils, which are responsible for the regulation and discipline of advocates.

Objectives of the Act

The main objectives of the Advocates Act are:

• To provide for the constitution of Bar Councils at the state and national level.
• To lay down the standards for the education and training of advocates.
• To regulate the admission and enrolment of advocates.
• To prescribe rules of conduct for advocates.
• To provide for the disciplinary control of advocates.

Definition and Concept

The Advocates Act defines an advocate as “any person entitled under the provisions of this Act to practice the profession of law”. The Act lays down the qualifications required for an individual to be eligible for admission and enrolment as an advocate.

Key features of the Act

• The Act provides for the constitution of Bar Councils at the state and national level.
• It lays down the standards for the education and training of advocates.
• It regulates the admission and enrolment of advocates.
• It prescribes rules of conduct for advocates.
• It provides for the disciplinary control of advocates.

Bar Councils

The Advocates Act provides for the constitution of Bar Councils at the state and national level. The state Bar Councils are responsible for the regulation of the legal profession within their respective states, while the Bar Council of India is the apex body that regulates the legal profession at the national level. The Bar Councils are responsible for the admission and enrolment of advocates, as well as their conduct and discipline.

Admission and Enrolment of Advocates

The Advocates Act lays down the qualifications required for an individual to be eligible for admission and enrolment as an advocate. The Act also provides for the admission and enrolment of advocates from other states and foreign countries.

Right to Practise

The Advocates Act grants the right to practice to advocates who are enrolled with a Bar Council. Advocates are entitled to practice in any court or tribunal in India.

Conduct of Advocates

The Advocates Act lays down rules of conduct for advocates. These rules prohibit advocates from advertising their services or soliciting work. Advocates are also required to maintain the confidentiality of their clients’ information and to avoid conflicts of interest.

Miscellaneous

The Advocates Act also provides for the maintenance of rolls of advocates and the recognition of foreign qualifications. The Act also lays down provisions for legal aid schemes to provide access to justice for marginalized sections of society.

Judicial Responses

The Advocates Act has generally received positive responses from the judiciary. The courts have intervened in instances where the Bar Councils have failed to discharge their functions under the Act.

The Act has been the subject of several judicial decisions. The Supreme Court of India has held that the Act is a comprehensive legislation to regulate the legal profession in India.

Image / Position of Legal Profession in Society

The legal profession is a noble profession and plays a vital role in the administration of justice. Lawyers are an important part of the justice system and are responsible for providing legal advice and representation to clients. However, the image of the legal profession in India has been deteriorating in recent years due to the increasing number of cases of professional misconduct by lawyers.

Advocacy is a Profession not a Business

The legal profession is a noble profession and is not a business. Lawyers are not supposed to treat their profession as a business and should not engage in any activities that would compromise their professional integrity.