Only Advocates entitled to practise profession of law in India - Bombay HC - What will happen to Consultants?
IN a landmark judgement delivered day before yesterday, the Bombay High Court held the permission granted by RBI to foreign Law firms to establish their offices in India as illegal. It may be alright for foreign law firms, but what about Indian Consultants who are not advocates?
The High Court held:
Persons practising the profession of law whether in litigious matters or non litigious matters would be governed by the Advocates Act.
Only Advocates entitled to practise the profession of law in India
the expressions ‘to practise the profession of law' in section 29 of the 1961 Act is wide enough to cover the persons practising in litigious matters as well as persons practising in non litigious matters.
Litigous non-litigous?:
A person can be said to be practising in litigious matters when he renders legal assistance by acting, appearing and pleading on behalf of another person before any Court or authority. Similarly, a person can be said to be practising in non litigious matters, when he represents to be an expert in the field of law and renders legal assistance to another person by drafting documents, advising clients, giving opinions, etc.
There is no dispute that for a person to practise in litigious matters, he has to be enrolled as an advocate under the 1961 Act.
It was contended by the counsel for Union of India that if it is held that the 1961 Act applies to persons practising in non-litigious matters, then no bureaucrat would be able to draft or give any opinion in non-litigious matters without being enrolled as an advocate.
The High Court held, “There is no merit in the above argument, because, there is a distinction between a bureaucrat drafting or giving opinion, during the course of his employment and a law firm or an advocate drafting or giving opinion to the clients on professional basis. Moreover, a bureaucrat drafting documents or giving opinion is answerable to his superiors, whereas, a law firm or an individual engaged in non litigious matters, that is, drafting documents / giving opinion or rendering any other legal assistance are answerable to none. To avoid such anomaly, the 1961 Act has been enacted so as to cover all persons practising the profession of law be it in litigious matters or in non-litigious matters within the purview of the 1961 Act.” [1961 Act means the Advocates Act, 1961]
But what about former bureaucrats? Now there are a large number of former Revenue officers engaged in the profession of Law – like giving opinions, appearing before Authorities like Departmental Officers and Tribunals, who are not bound by any conduct Rules or any professional Bodies. Now are they allowed to practices?
We bring you the High Court judgement today – Please see -