The Need To Protect Legal Profession From Silent Invasion By Non-Advocates

Introduction An interesting tussle is afoot. These traditional duties now find place in Chapter II of the Bar Council of India Rules made under Section 49 of the Advocates Act, 1961 under the heading "Standards of Professional Conduct and Etiquette". Part IV of Bar Council of India Rules provides for rules of legal education and Rule 2 define Practice of Law as follows: "Rule 2 'Practice of law' means and includes- Practising before the Court, Tribunal, Authority, Regulator, Administrative Body or Officer and any Quasi Judicial and Administrative Body; Giving legal advice either individually or from a law firm either orally or in writing; Giving legal advice to any government, international body or representing any international dispute resolution bodies including International Court of Justice; and Engaged in Legal Drafting and participating in any Legal Proceedings; and Representing in Arbitration Proceedings or any other ADR approved by law." Chapter II, "Standards of Professional Conduct and Etiquette" formulated by the Bar Council under Section 49 of Advocates Act, 1961 deals with the traditional duties of an advocate. Advocates enrolled with the State Bar Councils obtain "Provisional Certificate of Practice" and thereafter most of them are practicing Law without caring to appear for All India Bar Examination and to pass it.