Seniority of an Advocate
K.D.Ashish
(Querist) 17 September 2009
This query is : Resolved
What determines seniority of an Advocate??Is it number of cases done or date of enrolement?? Number of cases won matters about seniority??How and when(after how much time) A fresh law gradute enrolled at bar would become a Senior Advocate??whether seniority at High court is diffrent from District Sessions court??Details please....riven
Sachin Bhatia
(Expert) 17 September 2009
Enrollment No. given by the State Bar Council determines seniority of an Advocate.riven
A V Vishal
(Expert) 18 September 2009
Seniority in the State Rolls
[Rules under Sections 17 (3), 20 and 49 (1) (i) (ac) of the Act]
1. Seniority of Vakils, Pleaders and Attorneys not entitled to practise in the High Court :-The seniority of a Vakil, Pleader or Attorney, who was not entitled to practise in the High Court, and who was enrolled as an advocate immediately before the appointed day or who was enrolled after that day shall be determined according to the date of enrolment as advocate.
2. Seniority of other Advocates : (1) The seniority of other advocates referred to in Section 17 (1) (a) shall :-
(a) in the case of persons whose names were entered in the rolls under Section 8 (3) (a) of the Indian Bar Councils Act, 1926, be the date from which their seniority was reckoned in the said rolls;
(b) in the case of persons admitted as advocates under Section 58 A of the Act, be the dates of their first admission when they were entitled to practise in the High Court of Allahabad or the Chief Court of Oudh or the other High Courts or the Judicial Commissioners’ Court mentioned in sub-sections (2), (3) and (4) of the said Section 58 A;
(c) in the case of persons admitted as advocates under Section 58AA of the Act, be the date when they were first entitled to practise the profession of law under the law enforced in the Union Territory of Pondicherry;
(d) in the case of the other persons be determined in accordance with the date of enrolment under the Indian Bar Councils Act, 1926.
Proviso to (a), (b), (c) and (d), :- Provided that in the case of a person whose name had been entered on the rolls of more than one High Court, the date as shown in the High Court in which he was first enrolled shall be taken as the date for entry for purpose of seniority in the rolls under Section 17 (1) (a) of the Advocates Act, 1961.
(2) In the case of the persons referred to in Section 58 AE of the Act, be the date when they were first entitled to practise the profession of law as provided for in Section 58AE.
(3) In the case of the persons referred to in Section 58AF of the Act, the date on which they are deemed to be advocates.
3. In cases not covered by any of the rules previous in this chapter, or in case of doubt, the seniority shall on a reference by a State Council, be according to the dates as may be determined by the Council.
4. Seniority of Senior Advocates of the Supreme Court : The seniority of a senior advocate enrolled before the appointed day shall be determined in accordance with the date of his enrolment as senior advocate.
riven
Kiran Kumar
(Expert) 18 September 2009
well replied by Mr. Vishal
there is another term also DESIGNATED SENIOR ADVOCATES.....they are appointed in full court meeting of HC.
riven
K.D.Ashish
(Querist) 18 September 2009
What's the diffrence between DESIGNATED SENIOR ADVOCATE and other SENIOR ADVOCATE??Is being designated senior advocate just a honarary recognition ??How mnay years(minimum) of practice is required for being designated as senior advocate??Does this practice (of designating lawyers in full court meeting) takes place in distt. courts as well apart from high courts??
THANK YOU ALL for your previous answers....riven
Sachin Bhatia
(Expert) 18 September 2009
Perfect answer Mr. A.V. Vishalriven
A V Vishal
(Expert) 18 September 2009
An advocate may be designated as a Senior Advocates by the Supreme Court of India or by any High Court. The Court can designate any advocate, with his consent, as a Senior Advocate if in its opinion, by virtue of his ability, standing at the Bar or special knowledge or experience in law, the advocate is deserving of such distinction.
A Senior Advocate is not entitled to appear without an Advocate-on-Record in the Supreme Court or without a junior in any other court or tribunal in India. He is also not entitled to accept instructions to draw pleadings or affidavits, advise on evidence or do any drafting work of an analogous kind in any court or tribunal in India or undertake conveyancing work of any kind whatsoever but this prohibition shall not extend to settling any such matter as aforesaid in consultation with a junior.
riven
charudureja
(Expert) 22 September 2009
Agree with Mr vishalriven
