MODULE 1

1.1 Enrolment of Lawyers- Qualifications prescribed u/s 24 of the Advocates Act

1961and procedure
Persons who may be admitted as advocates on a State roll.—
(I) 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: or
Provided
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(b) he has completed the age of twenty-one years;
(c) he has obtained a degree in law—
(i) before the '[12th day of March 1967], 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; or
'[(iii) after the 12th day of March 1967, save as provided in sub-clause (ii(*), after undergoing a three-
year course of study in law from any University in India which is recognized for this Act by the Bar
Council of India; or
(via) 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 that is recognized for this Act by the Bar Council of India; or]
(e) he fulfills such other conditions as may be specified in the rules made by the State Bar Council
under this Chapter; •
[(f) he has paid, in respect of the enrolment, stamp duty, if any, chargeable under the Indian Stamp
Act, 1899 (2 of 1899), and an enrolment fee payable to the State Bar Council of 8 [six hundred rupees
and to the Bar Council of India, one hundred and fifty rupees by way of a bank draft drawn in favor of
that Council
24A. Disqualification for enrolment.―(1) No person shall be admitted as an advocate on a State
roll―
(a) if he is convicted of an offense involving moral turpitude;
(b) if he is convicted of an offense 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 under article 12
of the constitution. Provided that the disqualification above for enrolment shall cease to have effect
after two years have elapsed since his 2 [released or dismissal or, as the case may be, removal.)
Process of Bar Council of Maharashtra and Goa FOR Enrolment of Lawyers - 1) The application
form should be filled in Capital Letters.
2) The applicant should note that if he/she is in employment, trade, business, or profession, he/she
will not be enrolled as an Advocate.
3) Those who have passed their qualifying degree or Bachelor's degree or LL.B. from outside
Maharashtra & Goa and Union Territory of Daman, Diu, Dadra & Nagar Haveli will have to pay Rs.
1000/- additional by way of Online to Bar Council of Maharashtra & Goa. for verification of degree /
Full Marksheet from the respective Universities (The document annexed with the form, should be in
two sets attested by Gazetted officer/ Notary).
4) Those who have passed their qualifying examination or Bachelor's degree or LL. B. degree from
outside Maharashtra & Goa and Union Territory of Daman, Diu, Dadra & Nagar Haveli will have to
submit an affidavit stating "If the concerned University disqualifies, my said degree, then in that event
my name will be removed/struck. Off, from the role of the advocates maintained by the Bar Council
of Maharashtra & Goa.
5) If any statement or fact stated in the application is found to be false at any time, the name of the
applicant shall be liable to be struck off from the roll under the provision of sub-section (1) of Section
26 of the Advocate Act, 1961.
6) Upload a Passport-size photograph in Dress Code Only and Signature. Take note that Photograph &
Signature size should not be more than 500 kb on the Enrollment Form and Rule-40 form.
7) All photocopies of certificates submitted along with this application shall be attested by
the Principal of Law College or by Judicial Officer or by Oath Commissioner or Notary or Member of
the Bar Council of Maharashtra & Goa. or Gazetted Officer and the same will be verified by the Bar
Council at the time of Online submission.
8) If there is any change in the name of the applicant, the applicant shall file an affidavit specifically
mentioning "Due to my marriage, my name changed from the person by name to is the same", to that
effect and submit an attested copy of marriage certificate or and copy of official Govt. gazette in
which such change is notified.
9) Undertaking on affidavit be submitted stating that the convocation certificate of degree in law and
of qualifying degree will be submitted immediately on receipt.
10) Timing for enrolment purposes will be from 11.00 a.m. to 2:00 p.m. & 3.00 p.m. to 4.00 p.m. only
on working days. The office will be closed on every 2nd & 4th Saturday & Public Holidays.
11)INCOMPLETE ONLINE APPLICATIONS WILL NOT BE ACCEPTED.
12) The Applicant will have to remove defects if any within fourteen days. If the defects are not
removed within fourteen days the application will be filed.
13) The Applicant has to submit a hard copy of the Online Application Form along with all documents
by post within 14 days from the submission of the Online Application Form.
14) TAKE NOTE that as per the Order passed by Hon'ble Madras High Court in Cont. P (MD) No.
2355/2017 dated 11/01/2018 between S. Desikanathan V/s. Bar Council of India & Ors. and as per the
Circular issued by Bar Council of India dated 23/01/2018, at the time of submission of
the Application for Enrollment, the applicant has to submit the AFFIDAVIT along with
the Enrollment Form. 15) Take note that the applicant has to complete the compliance of all requisite
documents thereafter to make the ONLINE payment of fees through NEFT/ RTGS/ NET Banking and
also send the details of the payment receipt along with the enrolment form.
1.2 Common Terminology: Solicitor, Advocate, Lawyer, Senior Counsel, Junior Counsel,
Legal Practitioners, Barrister, AOR, Amicus Curie.
1) Solicitor: Solicitors are those who advise the clients and draft documents and pleadings for the
clients but engage advocates to appear in court on behalf of the customer. Solicitors are experts in
advising clients on a wide variety of legal matters and are also adept in drafting corporate
documentation for various transactions, negotiations, and deals. Solicitors mostly work on a retainer
basis for large businesses for a handsome remuneration. As their job is to only advise the clients it is
easier for them to get many clients and handle them on a steady basis. Commercial clients call in
solicitors for advice on matters including litigation, property, tax, and finance. Private client work
usually involves personal legal matters such as wills, property conveyance, divorce, and custody.
Excerpts from an article: There is an Organisation here in Mumbai - Bombay Incorporated Law
Society (BILS), the Office is adjacent to the Bar Council of Maharashtra & Goa Office, same floor,
same building. BILS conducts, what is considered as the Toughest Law Exam in India, The Solicitors'
Exams. 6 Papers, are held twice a year. People clearing the exam, hold the coveted Title of,
'Solicitors', and, are automatically qualified as, 'Advocates on Record' before the Hon'ble Supreme
Court. Every attempt witnesses almost 200 aspirants writing the exam, but a mere 8 - 12 students pass
the exam. This Exam is almost on the level of a Competitive Exam like maybe CAT or IITJEE but in
the field of Law. Preparation is required as such. To become Eligible for the Exam, a student must
enter into an 'Articleship' with a practicing Solicitor. There is a proper Agreement drawn up between
the Solicitor and the Student, who is known as an 'Articled Clerk'. A solicitor at any time, can have
only 2 Articled Clerks, and not more, Solicitors with more than 10 years experience may have 3
Articled Clerks at any given timeArticleship runs for 3 years. At the end of these 3 years, the Articled
Clerk becomes eligible to write the Solicitors' Exam, which consists of 6 papers, all 6 papers must be
cleared within a period of 6 attempts, which means 3 years (2 times a year, exams are held). If not,
then all the papers will need to be retaken. Preparation is rigorous for this exam. Most of the Qualified
Solicitors I have spoken to, informed me that they had to study almost 18 Hours every day, for 1 year
before the exams. Almost a total of 30,000 - 40,000 pages need to be read, all statutes, rules, laws,
Acts, by–hearted
2) Advocate- “advocate” means an advocate entered in any role under the provisions of this Act;
3) Lawyer: anyone in the legal profession: including a barrister, or attorney ..might not represent
a client in court Every advocate is a lawyer, but every lawyer is not an advocate
4) Senior Counsel: A senior counsel is a title that a senior lawyer earns when others recognize their
top-tier advocacy skills, professional integrity, and work ethic after they've served in the profession
for a certain period. They're an elite group of lawyers that others consider to be leaders in their field,
and they aim to set an example for other lawyers. They also contribute to academic research and teach
in the legal field at various institutions. They also have precedence over other members of the legal
profession in the courts, including moving to the front of any queue in court. They also typically wear
a different court robe, which is made of silk, to set them apart from other, less senior lawyers.
5) Junior counsel: New entrants in the profession
6) Legal Practitioners: Includes all sections of lawyers
7) Barrister: British terminology for lawyers
8) Amicus Curie: Friend of the Court
9) A.O.R: Advocate on record. According to Chapter IV of the Supreme Court Rules, 2013, only an
Advocate on Record or AOR can appear or plead on behalf of a party in front of the Supreme Court.
But if there is any instruction given by the Supreme Court then in such a case an advocate other than
the AOR can also appear in front of the court. Interestingly, every lawyer who practices in the
Supreme Court is not an AOR, there are certain conditions and an exam that lawyers need to clear and
fulfill to become an AOR. • To become an AOR, an advocate is required to clear the Advocate on
Record examination that is conducted by the Supreme Court itself. The exam that is being conducted
is highly competitive and covers a wide range of topics such as criminal law, civil law, and also
procedural law.
Eligibility Criteria- To be eligible for the AOR exam, a candidate must meet specific criteria:
1. Professional Experience: A minimum of five years of continuous practice as an advocate.
2. Training: Completion of one year of training under a designated AOR. 3. Application: Submission
of a formal application along with requisite documents and training certificates.

1.3 Seven Lamps of Advocacy: Honesty, Courage, Industry, Wit, Eloquence, Judgment
and Fellowship
Former Chief Justice S H Kapadia emphasized the importance of hard work and dedication for
aspiring lawyers, comparing them to horses. He also suggested that while a wide range of knowledge
is beneficial, it's unnecessary to be an expert in every area. In addition to these qualities, legal
professionals should adhere to the principles outlined in "The Seven Lamps of Advocacy" by Justice
Abbott Parry, which include honesty, courage, wit, proficiency, competency, bravery, articulacy, and
rationality. These traits are crucial for success in the legal field.
Honesty: Lawyers, often unfairly stereotyped as dishonest, must prioritize integrity in their practice.
Their fiduciary duty to clients demands honesty in all aspects of their work. Deceit, cheating, or
unethical behavior can damage their careers and undermine justice. By providing honest legal
guidance, lawyers can truly serve the best interests of their clients.
Courage: Courage is inseparable from honesty. A strong foundation in legal knowledge, skills, and
truthfulness empowers lawyers to remain fearless in pressure and adversity. Courage, manifested in
eloquent speech, persuasive writing, and critical thinking, is a hallmark of great legal professionals.
Lawyers need to stand up for their clients, even when it's difficult or dangerous.
Wit: Wit, the ability to think clearly and express ideas concisely and cleverly, is another crucial
element of advocacy. It involves recognizing connections between ideas and using humor to lighten
the seriousness of legal proceedings. Quick-wittedness is vital in court, where prepared speeches may
not be sufficient. Lawyers must possess the wit to navigate the complexities of the legal system and
ensure that justice is served for all, regardless of their social or economic status.
Industry Expectations: The legal industry expects advocates to possess many skills to succeed.
Given the dynamic nature of law, legal professionals must continuously update their knowledge to
stay relevant. Hard work is essential for staying ahead in this evolving field.
Eloquence: Eloquence, the art of effective communication, is a crucial skill for advocates. It
significantly impacts their career success and the impression they make on judges, clients, and others.
Eloquence involves clear, persuasive communication free from errors. While fluency can be
developed through knowledge and practice, effective communication also requires attention to detail,
presence of mind, and strong argumentation.
Legal Judgment: A legal professional's most important quality is legal judgment, the ability to assess
a case's strengths and weaknesses, anticipate opposing arguments, and identify key points. This
includes informing clients of their legal opinions and making informed decisions based on all
potential outcomes.
Professional Fellowship: Despite representing opposing sides, lawyers should maintain cordial and
respectful relationships. Bar associations often require membership to foster professional fellowship
and positive interactions among legal professionals. This is another essential quality highlighted in
"The Seven Lamps of Advocacy."
Conclusion: The seven lamps of advocacy—honesty, courage, wit, industry, eloquence, legal
judgment, and fellowship—are indispensable qualities for any legal professional. Possessing these
traits will contribute to a successful and ethical career in law.

1.4 The Bar Council of India and the State Bar Council- Constitution, Powers and
Function
The Bar Council of India is a statutory body created by Parliament to regulate and represent the Indian
Bar. They perform the regulatory function by prescribing professional conduct and etiquette standards
and exercising disciplinary jurisdiction over the Bar. They also set standards for legal education and
grant recognition to universities whose degrees in law will serve as qualifications for enrolment as an
advocate. In addition, they perform certain representative functions by protecting the rights,
privileges, and interests of advocates and through the creation of funds to provide financial assistance
to organize welfare schemes for them. The Parliament established the Bar Council of India under the
Advocates Act, of 1961.
Constitution: The Bar Council of India consists of members elected from each State Bar Council, the
Attorney General of India, and the Solicitor General of India who is an ex-officio member. The
members from the State Bar Councils are elected for five years. The Council elects its own Chairman
and Vice-Chairman for two years from among its members.
Functions: The Parliament established the Bar Council of India under the Advocates Act, of 1961. The
following statutory functions under Section 7 cover the Bar Council’s regulatory and representative
mandate for the legal profession and legal education in India:
To lay down standards of professional conduct and etiquette for advocates and lay down the procedure
to be followed by its disciplinary committee and the disciplinary committees of each State Bar
Council.
To safeguard the rights, privileges, and interests of advocates and
promote and support law reform.
To deal with and dispose of any matter which may be referred to it by a State Bar Council.
To promote legal education and to lay down standards of legal education. This is done in consultation
with the Universities in India imparting legal education and the State Bar Councils.
To recognize Universities whose degree in law shall be a qualification for enrolment as an advocate.
The Bar Council of India visits and inspects Universities or directs the State Bar Councils to visit and
inspect Universities for this purpose.
To conduct seminars and talks on legal topics by eminent jurists and publish journals and papers of
legal interest.
To organize legal aid for the poor.
To recognise on a reciprocal basis; the foreign qualifications in law obtained outside India for
admission as an advocate in India and manage and invest the funds of the Bar Council. To provide for
the election of its members who shall run the Bar Councils.
State Bar Council: The Bar Council of Maharashtra and Goa in pursuance of Section 3(i)(ccc) was
constituted by the Advocates Act for the State of Maharashtra and Goa, Union Territories of Dadra
and Nagar Haveli, and Union Territories of Daman and Diu. For all these States and Union Territories,
the Bar Council is known as the Bar Council of Maharashtra and Goa. The Bar Council enrolls
Advocates on its Roll and grant ‘Sanad’ / “Licence” to practice law in the above Territories. The Bar
Council has disciplinary jurisdiction over all the Advocates on the roll of the Bar Council of
Maharashtra and Goa. This Bar Council regulates and maintains the standards and professional
conduct and etiquette for the Advocates and standards of legal education in its territory.
This Bar Council is represented by 25 Elected Members from the above Territory and the Advocate
General of each State is an Ex-officio Member of the Bar Council. This Bar Council elects one
representative to the Bar Council of India as its Member and also elects a Chairman and Vice
Chairman for the Council. The tenure of the entire Bar Council is for 5 years and it is headed by the
Chairman of the State Bar Council. The Secretary of the Bar Council is the Administrative Head of
the Bar Council. There are 25 different Committees of the Council which look after the respective
functions of the Bar Council.
Functions: The functions of the Bar Councils are
1)To admit persons as Advocates on their roll and prepare and maintain such a roll
3)To entertain and determine cases of misconduct against advocates on its roll and To safeguard the
rights, privileges, and interests of advocates on its roll
5)To promote the growth of Bar Associations for effective implementation of welfare schemes and To
support and promote law reforms conduct seminars and organize talks on legal topics by eminent
Jurists publish journals and papers of legal interest and organize legal aid to the poor class of the
Society
9)To promote legal education and to do all other things necessary for discharging such functions and
organize various training programs supporting to judicial system.

1.5 Privileges of a lawyer- Salient features of the Advocates Act, 1961

Privilege is a certain kind of special right or advantage or immunity granted only to a person or a
group.

The privilege of Exemption from Arrest An advocate enjoys exemption from arrest under civil
process while going to the court during the process or while returning from the Court. However, it is
to be noted that the said exemption will not apply to arrests for contempt of court or arrests for
criminal offenses. It is being provided under Section 135 of the Civil Procedure Code, 1908.

Privilege related toVakalatnama When the client signs Vakalatnama in favor of an Advocate, such an
Advocate has the exclusive privilege to represent his client in that particular case. No other advocate
can represent or appear in that case without his consent or permission.

Privilege to Review Parliamentary Bills It is a privilege given to advocates that they can review the
Parliamentary Bills and can also give suggestions for amendments.
Privilege to meet the accused in jail- An advocate can visit the jail to meet his client as many times as
he wants. No restriction is levied on the number of times he can meet his client in jail.
Conclusion: Advocates play a very important role in the society. It can be observed that the advocates
enjoy various rights and privileges. This is done to facilitate them in administering justice in society.
Thus, it is necessary that the rights and privileges should not be misused as the same would be liable
to punishment.
1.6 Right to Practice.
Advocates to be the only recognized class of persons entitled to practice law subject to the provisions
of this Act and any rules made thereunder, there shall, as from the appointed day, be only one class of
persons entitled to practice the profession of law, namely, advocates.
Right of advocates to practise.-Subject to the provisions of this Act, every advocate whose name is.
Entered in the [State roll] shall be entitled as of right to practice throughout the territories to which
this Act extends, -
(i) in all courts including the Supreme Court;
(i) Before any tribunal or person legally authorized to take evidence; and
(iii) before any other authority or person before whom such advocate is by or under any law for the
time being in force entitled to practice.
[Special provision for attorneys.].-Omitted by the Advocates (Amendment) Act, 1976 (107 of 1976),
s. 7 (w.e.f. 1-1-1977).
Power of court to permit appearances in particular cases.-Notwithstanding anything contained in this
Chapter, any court, authority, or person may permit any person, not enrolled as an advocate under this
Act, to appear before it or him in any particular case.
Advocates alone are entitled to practice as otherwise provided in this Act or any other law for the time
being in force, no person shall, on or after the appointed day, be entitled to practice in any court or
before any authority or person unless he is enrolled as an advocate under this Act.

1.7 Designation as Senior Counsel: Indira Jaising v/s SC of India (SC 2017)
In an application filed by Senior Advocate Indira Jaising against the existing system of designation of
Senior Advocates, terming it flawed as it was not objective, fair, and transparent, and thus did not take
into account considerations of merit and ability, the 3-Judge Bench of Sanjay Kishan Kaul
Ahsanuddin Amanullah, and Aravind Kumar, JJ. has fine-tuned the guidelines laid down in the 2017
Judgment to bring in greater transparency and objectivity in the designation process.
The Supreme Court has published new guidelines for the designation of senior advocates practicing
mainly in the Apex Court. These guidelines come after the May 12 ruling delivered by a three-judge
bench led by Justice SK Kaul in a case seeking modification in the conferment of ‘senior advocate’
designation guidelines rendered in a 2017 SC ruling. New guidelines for the designation of senior
advocates in the SC- The new guidelines prescribe the minimum age as 45 years to apply for the
‘senior advocate’ designation. This age limit may, however, be relaxed by the Committee, the Chief
Justice of India, or a Supreme Court judge if they have recommended an advocate’s name. The 2017
guidelines say that the CJI along with any judge can recommend an advocate’s name for designation.
However, the 2023 guidelines specify that the CJI along with any Judge of the Supreme Court may
recommend in writing the name of an advocate for designation.
Marks set aside for publications- Earlier, the guidelines stated that 15 marks were set aside for
publications. However, the new guidelines state that only 5 marks will be given for: the publication of
academic articles, experience of teaching assignments in the field of law, and guest lectures delivered
in law schools and professional institutions connected with law. Weightage is given to reported and
unreported judgments. The weightage given to reported and unreported judgments (excluding orders
that do not lay down any principle of law) has increased from 40 to 50 points in the new guidelines.
Why are the guidelines being changed after the Indira Jaising Case?
In February 2023, the Central government sought to change guidelines for the designation of senior
lawyers. These guidelines were issued by the Supreme Court in the aftermath of its 2017 ruling in the
case of ‘Indira Jaising vs. Union of India’. The designation guidelines for lawyers are based on a
point-based system, which awards 40% weightage to publications, personality, and suitability gauged
through the interview. The Centre argued that this system is subjective, ineffective, and dilutes the
esteem and dignity of the honor being conferred traditionally. It pointed to the rampant circulation of
bogus and sham journals where people can publish their articles without any academic evaluation of
the contents and quality of the articles. The Centre also sought to reinstate the rule of a simple
majority by a secret ballot, where the judges can express their views about the suitability of any
candidate without any embarrassment. The existing guidelines discouraged the system of voting by
secret ballot, except in cases where it was unavoidable.

Bar- Bench Relations:

Background- Bar-bench relation in law refers to the cordial relationship between the Advocates and
the Judges. The Bar (Advocates) and Bench (Judges) play an important role in the administration of
justice. The judges administer the law with the assistance of the lawyers. The lawyers are the officers
of the court. They are expected to assist the court in the administration of justice. As the officers of the
court, the lawyers are required to maintain a respectful attitude toward the court bearing in mind that
the dignity of the judicial office is essential for the survival of the society. Mutual respect is necessary
for the maintenance of cordial relations between the Bench and the Bar.
The opinion of the Supreme Court in the context of Bar- Bench Relation has been laid down in P.D.
Gupta v. Ram Murti and Others( 1998) as follows: "A lawyer owes a duty to be fair not only to his
client but also to the court as well as to the opposite party in the conduct of the case. Administration of
justice is a stream that has to be kept pure and clean. It has to be kept unpolluted. Administration of
justice is not something which concerns the Bench only. It concerns the Bar as well. The Bar is the
principal ground for recruiting judges. Nobody should be able to raise a finger about the conduct of a
lawyer. Judges and lawyers are complementary to each other. The primary duty of the lawyer is to
inform the court as to the law and facts of the case and to aid the court in doing justice by arriving at
the correct conclusions. The Bar and Bench are two wheels of a chariot involved in the dispensation
of justice. Both are supplementary and complementary to each other.
Conduct Towards Judges During Trial
During the trial, the lawyer should always display a dignified and respectful attitude towards the judge
presiding, not for the sake of his person, but for the maintenance of respect for and confidence in the
judicial office. It is both the right and duty of the lawyer fully and properly to present his client's
case and to insist on an opportunity to do so. He should vigorously present all proper arguments
against any ruling he deems erroneous and should see to it that a complete and accurate case record is
made.  In this regard, he should not be deterred by any fear of judicial displeasure or even
punishment. In no circumstances should the lawyer reveal the confidences of his client. Save where
the opposing lawyer fails or refuses to attend and the judge is advised of the circumstances, a lawyer
should not discuss a pending case with any judge trying the case, unless the opposing lawyer is
present. Except as provided by rule or order of the court, a lawyer should never deliver to the judge
any letter, memorandum, brief, or other written communication without concurrently delivering a
copy to opposing counsel. A lawyer ought not to engage in the exchange of banter personalities,
arguments, or controversy with opposing counsel. His objections, requests, and observations should in
every case be addressed to the judge presiding. Subject to the foregoing, a lawyer may submit to the
judge any reason for expediting or delaying the decision.
Conclusion- If both the Bar and the Bench are fully conversant with their duties as set out in their
respective Rules of Conduct and comply with the Rules, there will be little room for disharmony. On
the contrary, there will be much greater cooperation, respect, and understanding between the two arms
which in turn will promote due and orderly administration of justice and lead to speedier dispensation
of justice in the country. Any default by one side negatively impacts and impedes the work of the
other side.