Senioroty & Fee of Advocates
S.B.adil rahman
(Querist) 09 January 2010
This query is : Resolved
What are the rules of seniority for the practicing advocates? How their seniority can be identified through their Gowns/robes?
Is there any rule of Bar Council or other legal entity of lower or High Courts regarding the fixation of the fee of an advocate as to how much he should charge from the clients and for which service?
Normally what should be the fee of a fresher for consultation,drafting,move and pleadings before the lower criminal courts and High Courts?Kindly guide.
A V Vishal
(Expert) 09 January 2010
What are the rules of seniority for the practicing advocates? How their seniority can be identified through their Gowns/robes?
(1) There shall be two classes of advocates, namely, senior advocates and other advocates.
(2) An advocate may, with his consent, be designated as senior advocate if the Supreme Court or a High Court is of opinion that by virtue of his ability, 1*[standing at the Bar or special knowledge or experience in law] he is deserving of such distinction.
(3) Senior advocates shall, in the matter of their practice, be subject to such restrictions as the Bar Council of India may, in the interests of the legal profession, prescribe.
(4) An advocate of the Supreme Court who was a senior advocate of that Court immediately before the appointed day shall, for the purposes of this section, be deemed to be a senior advocate:
BAR COUNCIL OF INDIA RULES
PART - VI
RULES GOVERNING ADVOCATES
CHAPTER -I
Restrictions on Senior Advocates
(Rules Under Sections 16 (3) and 49 (1) (g) of the Act)
Senior Advocates shall, in the matter of their practice of the profession of law mentioned in Section 30 of the Act, be subject to the following restrictions:
(a) A Senior Advocate shall not file a vakalatnama or act in any Court, or Tribunal, or before any person or other authority mentioned in Section 30 of the Act.
Explanation : “To act†means to file an appearance or any pleading or application in any court or Tribunal or before any person or other authority mentioned in Section 30 of the Act, or to do any act other than pleading required or authorised by law to be done by a party in such Court or Tribunal or before any person or other authorities mentioned in the said Section either in person or by his recognised agent or by an advocate or an attorney on his behalf.
(b) (i) A Senior Advocate shall not appear without an Advocate on Record in the Supreme Court or without an Advocate in Part II of the State Roll in any court or Tribunal or before any person or other authorities mentioned in Section 30 of the Act.
(ii) Where a Senior Advocate has been engaged prior to the coming into force of the rules in this Chapter, he shall not continue thereafter unless an advocate in Part II of the State Roll is engaged along with him. Provided that a Senior Advocate may continue to appear without an advocate in Part II of the Sate Roll in cases in which he had been briefed to appear for the prosecution or the defence in a criminal case, if he was so briefed before he is designated as a senior advocate or before coming into operation of the rules in this Chapter as the case may be.
(c) He shall not accept instructions to draft pleading or affidavits, advice on evidence or to do any drafting work of an analogous kind in any Court or Tribunal or before any person or other authorities mentioned in Section 30 of the Act or undertake conveyancing work of any kind whatsoever. This restriction however shall not extend to settling any such matter as aforesaid in consultation with an advocate in Part II of the State Roll.
(cc) A Senior Advocate shall, however, be free to make concessions or give undertaking in the course of arguments on behalf of his clients on instructions from the junior advocate.
(d) He shall not accept directly from a client any brief or instructions to appear in any Court or Tribunal or before any person or other authorities in India.
(e) A Senior Advocate who had acted as an Advocate (Junior) in a case, shall not after he has been designated as a Senior Advocate advise on grounds of appeal in a Court of Appeal or in the Supreme Court, except with an Advocate as aforesaid.
(f) A Senior Advocate may in recognition of the services rendered by an Advocate in Part-II of the State Roll appearing in any matter pay him a fee which he considers reasonable.
S.B.adil rahman
(Querist) 09 January 2010
Sir
What are the rules regarding the identification of the robes depicting seniority?
A V Vishal
(Expert) 09 January 2010
There is no separate dress code prescribed for the seniors.
B.B.R.Goud.
(Expert) 15 January 2010
sir
the senior advocate can only identified by enormous knowledge and experience along with the standing at the BAR.
there is no such dress code for senior advocate.
