Rights of Practice in India-
The countenance “Right of Practice”, in the profession of legal refers to the special right of the persons enrolled as advocates to engage in the practice of law before courts and tribunals.
This right includes the protection of two levels-
1. General protection- Under the constitution of India Article 19(1)(g) protects the rights of an individual to practice professions of their choices. As a member of the legal profession, occupation, and profession.
2. Specific protection- Section 30 of the Advocates Act, 1961 protects the person whose name is enrolled in the registers of State Bar Councils to practice before any court or tribunal in India including the supreme court.
The right to practice as a lawyer in India is not only statutory right but also one of the Fundamental Right of the lawyers.
The legislation that governs lawyers in India-
1. The Bar Council of India- Bar council is the Statutory body representing and regulating the Indian Bar. Under the Bar Council of India act, 1926 involves different grades of legal practicing and enables different court bars to function as a self-governing body. This act gives the right to legal professionals for practicing law as advocates in legal courts.
2. The Advocates Act, 1961- The Advocates Act,1961 is empowered to govern the legal profession in India. This act is passed by the parliament of India, for providing the laws for legal practitioners in India. This act provides the rights of legal enrollment, professional ethics, admission, practice, discipline, education, regulation, etc. for legal practitioners in India.
The Bar Council of Delhi- The bar council of Delhi is the independent statutory body created by the Parliament and constituted under Advocates Act, 1961. It is empowered by the various duties and functions. In Delhi Bar council over 60,000 registered member advocates, making it the largest bar council in India.
Special requirement for registering as a Lawyer as per Indian Bar-
For Practicing Law in India, the Advocates or Lawyer must be fulfilled following conditions-
1. They should be an Indian Citizens
2. Must have completed 21 years of age
3. Must have obtained the degree of law from Bar council recognized the university of India.
Duties of the lawyers
Duties of the lawyer towards clients-
1. On behalf of the client appear in the trail
2. Duty to accept briefs
3. Must be retained client details
4. Not to reveal any matter of contradictory
5. Investigate the facts given by the client
6. Preserved the confidential information given by the client
7. Should not convert funds in his hand into loans
8. Should give all relevant information to the client
9. They should give proper instructions to client related to proper behavior, including the politeness and courtesy
Duties of the lawyer towards the court-
1. Lawyers have a polite attitude towards the court taking in mind the dignity of judicial office.
2. Lawyers should not get influenced by the decision of the court by illegal or improper means
3. Lawyers should not waste the valuable time of the court
4. Give respect to the decision of the court
5. Should communicate in a professional manner to opposition
6. Should respect clients who insist on the unfair manner
7. Admiration of the court
8. Should appear in a proper way in court
9. Should protect justice
10. Lawyers are not allowed to communicate in private in the courtroom
11. They don’t have the authority to wear bands or gowns in public places
12. They do not represent the establishment in which they are a member.
Duties of the lawyer towards society-
Lawyers play one of the important roles in daily life. The role in society as a lawyer is one who gives significant changes in society. Lawyers help in the development of the society. Lawyers play an important role in promoting human right and protection of the environment. Lawyers are effective as well as efficient communicators. Lawyers are kind as well as patient with them they work with. Duty to provide legal education, training of young lawyers and legal discipline. Provide legal aid to those who are in need.
Conclusion
These are the rights and duties of the lawyers towards his client, court, and society. One of the legal rights of the person is to get justice and lawyers are help people to get justice. The Bar Council of India is empowered to gives right to legal professionals for practicing law as advocates in legal courts. It is the responsibility of the advocate that he should not charge arbitrary fees from his/her clients, which means he should tack reasonable fees from his client. The client should be treated courteously by the advocates. He must try best to get justice to the client. He should advise the client appropriately and in an appropriate approach.
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