is there any judgement, citation, or provision favouring junior advocate to appear on behalf of senior advocate as a holding advocate to ask for the adjournment of date or to keep back the matter.
jayesh (advocate) 22 September 2009
is there any judgement, citation, or provision favouring junior advocate to appear on behalf of senior advocate as a holding advocate to ask for the adjournment of date or to keep back the matter.
Please read the rules framed by the High Court under the Advocates act. According to me a reading of it is very important for Junior Advocates because Junior Advocates would be able to face the Court confidentaly. I have found some of the judges scaring the junior advocates when they appear and seek adjournment. Perhaps they themselves may not be aware of the said rules. Keeping a copy of the rules in your hand will allow you to face the Court without any fear.
jayesh (advocate) 23 September 2009
jayesh (advocate) 23 September 2009
thanks sir,
for your valuable advice and suggestions, it is really helpful the "Rules framed by the High Court under section 34(1) of the Advocates Act, 1961, (Act 25 of 1961).
thanks a lot,
may god bless u
Anil Agrawal (Retired) 23 September 2009
How this business of senior and junior lawyer has started? Was it there when Motilal Nehru, Jayakar,, Jinnah etc. practised law? What are the prohibitions and why?
Sir, Legally there is no business of Senior & Junior lawyer. But factually there can be Junior lawyer or Advocate. This cannot be denied. To a query with regard to a Junior Advocate appearing to seek adjournment or to keep the matter back and who may not even have been briefed in the matter, the query was answered to enable the Juniors in the profession face the Court confidently and bravely. There are no prohibition at all.
Anil Agrawal (Retired) 24 September 2009
I am quoting the following from the SCI publication "Practice and Procedure - A handbook of information"
The Chief Justice and the Judges may, with the consent of an advocate, designate him
as Senior Advocate, if in their opinion, by virtue of his ability, standing at the Bar or
special knowledge or experience in law, he deserves such a distinction. A Senior
Advocate cannot file Vakalatnama or act in any Court or Tribunal in India. He cannot
appear, without an Advocate-on-Record, in the Supreme Court, and without a junior in
any other Court or Tribunal in India. He cannot accept any brief or instructions directly
from the client, to appear in any Court or Tribunal in India. He cannot accept instructions
to draw pleadings or affidavits. He cannot advise on evidence or do any drafting work,
though he is entitled to settle any matter in consultation with a junior.
Anil Agrawal (Retired) 24 September 2009
I suggest the legal fraternity to download and read the Practice and Procedure laid down by the SC. The website is:
https://www.supremecourtofindia.nic.in/HANDBOOKSCIPP/handbook_main.htm
It is quite an eye opener.