Under the Advocates Act 1961, the Bar Council of India may impose certain restrictions on practice by senior advocates it is thought necessary in the interests of the legal profession. Accordingly the following restrictions have been imposed:
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A senior advocate cannot accept any brief or instructions to appear before any court or tribunal directly from the client.
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Senior advocates cannot file vaka-latnamas or 'act in any court or tribunal mentioned under the provisions of the Advocates Act 1961'. However, examining or cross-examining witnesses is not cobered by the term "acting" and hence, senior counsels are not restrained from carrying out the same.
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A senior counsel cannot appear without an Advocate-on-Record in the Supreme Court or an advocate listed in part II of the state rolls. However, a senior advocate may appear without an advocate listed in part II of the state rolls in criminal cases in which he had been briefed to appear for the prosecution or defence, provided he was so briefed either before he was designated a senior advocate, or before the relevant rules came into operation.
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A senior advocate cannot accept instructions to draft pleadings or affidavits, advice on evidence, or to do any analogous drafting work. However, this will not apply to settling any such matter, in consultation with an advocate on part II of the state rolls. A senior advocate is free to make concessions or give undertakings in the course of arguments on behalf of his clients, on instructions from the briefing advocate.
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A senior advocate who acted as a junior in a case, must not, after being designated as senior advocate, advise on grounds of appeal, in a court of appeal or in the Supreme Court except with an advocate who is not a senior advocate.
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A senior advocate may pay an advocate on part II of the state rolls, a fee that the senior advocate considers reasonable for the services rendered by such advocate.
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