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What is the procedure for the appointment of lawyers in the High Court in India?

10-Oct-2023
High Court

Answer By law4u team

The appointment of lawyers in the High Courts of India is governed by the Advocates Act, 1961, and the rules and regulations framed by the respective High Courts. Here is a general procedure for the appointment of lawyers in the High Court in India: Eligibility Criteria: To be eligible for practice as an advocate in the High Court, a person must have completed a law degree from a recognized university and be enrolled as an advocate with the respective State Bar Council. Enrollment with the State Bar Council: Aspiring lawyers need to enroll with the State Bar Council in the state where the High Court is located. The Bar Council of India regulates legal education and the profession of law in India. Chamber Practice: Many lawyers start their careers by working in the chambers of senior advocates or law firms to gain practical experience. Advocate-on-Record (AOR) Examination (Supreme Court Only): If a lawyer wishes to practice in the Supreme Court of India, they need to qualify for the Advocate-on-Record examination conducted by the Supreme Court. Successful candidates become registered AORs and can practice exclusively in the Supreme Court. Practice in the High Court: To practice in a High Court, a lawyer does not need to pass a separate examination. Enrolled advocates can directly practice in the High Courts. Appointment as a Senior Advocate (Optional): After several years of practice, lawyers may apply for the designation of "Senior Advocate" in the High Court. This designation is given to experienced lawyers with a distinguished record. The High Court or Supreme Court designates lawyers as Senior Advocates based on their application and evaluation by a committee. Senior Advocates have certain privileges and responsibilities in the court, such as the right to address the court before other advocates. Filing of Vakalatnama: Lawyers who wish to represent clients in a specific case must file a Vakalatnama, which is a formal document authorizing them to act as an advocate on behalf of their clients in that particular case. Appearances in Court: Lawyers appear in court to represent their clients during hearings, trials, and other legal proceedings. Continuing Legal Education: Lawyers are expected to engage in continuing legal education and stay updated with changes in the law and legal practice. Ethical Rules and Professional Conduct: Lawyers must adhere to the ethical rules and professional conduct prescribed by the Bar Council of India and the respective State Bar Councils. It's important to note that the specific procedures and rules may vary from one High Court to another, and there may be local rules and practices that lawyers need to be aware of. Additionally, lawyers practicing in the High Courts must maintain good professional conduct and ethics throughout their careers.

Answer By Anik

Dear Client, Indeed, unless referring to designated Senior Advocates or appointments as Standing Counsel/Government Advocates the process for appointing lawyers (advocates) in India's High Courts revolves around their enrollment and right to practice before the High Court rather than a formal appointment: 1. Signing up to be an advocate. In order to practice in any Indian High Court one needs to: Possess an LL in law. From an accredited Indian university. Under the Advocates Act of 1961 register with a State Bar Council. A Certificate of Practice can be obtained by passing the Bar Council of India's All India Bar Examination (AIBE). After enrolling the advocate can practice in any Indian court including the High Court. 2. Practicing in front of the Supreme Court: Many High Courts use the Advocate-on-Record (AOR) or filing advocate system which requires the following even though there is no separate license needed to appear before a High Court: A minimum of years of experience (typically 2-4 years in lower courts). Notification to the High Court (e. g. A. getting a roll number or going through the registration procedure). Additionally some High Courts mandate that a senior advocate introduce or sponsor a junior attorney. 3. Becoming a Senior Advocate: The High Court may designate a lawyer as a Senior Advocate under Section 16 of the Advocates Act 1961 if: Their skill, reputation and experience are outstanding. Once the advocates professional conduct and legal knowledge have been assessed the High Court or the Supreme Court may bestow this title. 4. designation as a Panel Advocate or Government Counsel: Attorneys may also be chosen to represent statutory authorities or the government. For this: The corresponding departments (e. g. 3. Notifications inviting applications are issued by the Ministry of Law and Justices Law Department. For a set period of time and for particular cases the attorney is then appointed as Standing Counsel Additional Advocate General Government Pleader or Panel Counsel. I hope this answer helps. In case of future queries, please feel free to contact us. Thank you.

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