Meaning of "practice" as per Advocate Act
Guest
(Querist) 16 March 2009
This query is : Resolved
Sec. 33.Advocates alone entitled to practice: Except as otherwise provided in this Act or in any other law for the time being in force, no person shall, on or after the appointed day, be entitled to practise in any court or before any authority or person unless he is enrolled as an advocate under this Act.
Sec. 45.Penalty for persons illegally practising in courts and before other authorities: Any person who practises in any court or before any authority or person, in or before whom he is not entitled to practise under the provisions of this Act, shall be punishable with imprisonment for a term which may extend to six months.
These are sections of Advocate Act. Followings are my questions;
Whether a person who is not an Advocate neither LLB can provide legal advise/opinion in consideration of money? If he is not practicing before any court?
In abovementioned sections what is the exact meaning of “practice”? Whether the term includes practice in court only?
adv. rajeev ( rajoo )
(Expert) 16 March 2009
Only LLB passed person can practice as an advocate and it is necessary to get enrolled to the concerned state bar council without this u cannot practice as an advocate. Non graduate cannot practice as an advocate. Law Graduate can advise without practice which is called as chamber practice
Guest
(Querist) 16 March 2009
my respected seniors did not get my query....Please go through the questions and then answer.. Is there is any other law than Advocates Act which deal with right to practice in court,,,, I think no. Everybody knows that only Advocates have right to practice in a court. That was not my question..
The question is "what is actual meaning of "practice' what is included and what is not??????
A V Vishal
(Expert) 17 March 2009
Dear Jewel:
The dictionary meaning of practise is "practice or practise (REGULAR ACTIVITY): something that is usually or regularly done, often as a habit, tradition or custom". To simlify your doubt, what includes and what not is to be read in conjuction with the work that is done or to be done along with the meaning explained above. According to the Advocates Act, what a advocate can do is practise and certain things prohibited under the Act is not a practise. For example a pleader appears on behalf of his client in the court, it is practise similarly another pleader may have some business interests, if he appears on behalf of them it is not practise since it is prohibited under the Act.
The practise in the act doesn't restrict advocates to just court.
Request learned friends to give views on the subject and correct me if I am wrong.
Guest
(Querist) 17 March 2009
in the advocate Act it is always referred as "practice before court" hence my question is,
Whether a person who is not an Advocate neither LLB can provide legal advise/opinion in consideration of money? If he is not practicing before any court?
In abovementioned sections what is the exact meaning of “practice”? Whether the term includes practice in court only?
the word practice is not defined under the act...
I dont think that giving legal opinion is restricted to Advocates or LLB degree holders...
inform if I am wrong... and mention under which law it is prohibited...
PALNITKAR V.V.
(Expert) 17 March 2009
Dear Jewel, Your query was with specific reference to Rules 33 and 45. hence, for the purposes of those rules practice means practice before Court, any authority or person referred to in Rule 35. However if one peruses section 29 of the Advocates Act it is of wide application and embraces practice of law not only before courts etc but in general i.e. chamber practice also. Hence, a person who is not an Advocate, in my opinion, would not be entitled even to give advise on commercial basis.
Guest
(Querist) 18 March 2009
Okk thanks Mr. Palnitkar
But whether such person not practicing before any court shall be liable to punishment as provided under section 45?
confusing , as the section reads as
"Any person who practises in any court or before any authority or person, in or before whom he is not entitled to practise under the provisions of this Act, shall be punishable with imprisonment for a term which may extend to six months."
PALNITKAR V.V.
(Expert) 18 March 2009
No. The section itself gives restrictions. If the person is doing chamber practice without registration, he may be termed as quack and may be liable to be prosecuted for personation.
Guest
(Querist) 18 March 2009
thanks again
Sachin Bhatia
(Expert) 04 October 2009
In its most general sense, the practice of law involves giving legal advice to clients, drafting legal documents for clients, and representing clients in legal negotiations and court proceedings such as lawsuits, and is applied to the professional services of a lawyer.
Sachin Bhatia
(Expert) 04 October 2009
Only LLB passed person can practice as an advocate and it is necessary to get enrolled to the concerned state bar council without this one cannot practice as an advocate.
Sarvesh Kumar Sharma Advocate
(Expert) 04 October 2009
