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    Notes-State Bar Council

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    Deepak
    The document discusses the origin and development of the legal profession and professional ethics in India. It notes that the legal profession began with the establishment of the first British courts in India in the 17th century. Over time, various courts and legal roles developed, culminating in the Advocates Act of 1961 which standardized the profession under the title of "Advocates." The document then discusses the importance of professional ethics for advocates, as they are both professionals and officers of the court. The rules for professional conduct and standards are outlined to ensure advocates serve clients, the court, and public welfare efficiently and with dignity.

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    Notes-State Bar Council

    Uploaded by

    Deepak
    11K views3 pages
    The document discusses the origin and development of the legal profession and professional ethics in India. It notes that the legal profession began with the establishment of the first British courts in India in the 17th century. Over time, various courts and legal roles developed, culminating in the Advocates Act of 1961 which standardized the profession under the title of "Advocates." The document then discusses the importance of professional ethics for advocates, as they are both professionals and officers of the court. The rules for professional conduct and standards are outlined to ensure advocates serve clients, the court, and public welfare efficiently and with dignity.

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    Power and Functions of the State Bar Council

    Original Title

    Notes-State bar council

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    The document discusses the origin and development of the legal profession and professional ethics in India. It notes that the legal profession began with the establishment of the first British courts in India in the 17th century. Over time, various courts and legal roles developed, culminating in the Advocates Act of 1961 which standardized the profession under the title of "Advocates." The document then discusses the importance of professional ethics for advocates, as they are both professionals and officers of the court. The rules for professional conduct and standards are outlined to ensure advocates serve clients, the court, and public welfare efficiently and with dignity.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    11K views3 pages

    Notes-State Bar Council

    Uploaded by

    Deepak
    The document discusses the origin and development of the legal profession and professional ethics in India. It notes that the legal profession began with the establishment of the first British courts in India in the 17th century. Over time, various courts and legal roles developed, culminating in the Advocates Act of 1961 which standardized the profession under the title of "Advocates." The document then discusses the importance of professional ethics for advocates, as they are both professionals and officers of the court. The rules for professional conduct and standards are outlined to ensure advocates serve clients, the court, and public welfare efficiently and with dignity.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
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    Notes:

    Origin, development and Importance of Professional Ethics

    Origin of Legal Profession in India

    The history of the legal profession in India can be track from the establishment of the
    First British Court in Bombay in the year of 1672 by respective Governor Aungier. The
    admissions of attorneys were placed in hands of Governor-in-Council and not with the
    Court. Before the establishment of Mayor’s Courts in 1726 in Madras and Calcutta,
    there were no legal experts in India.

    Mayor's Courts- There was no established legal profession until the establishment of
    the Mayor's Court. Those who practised law were devoid of legal training and some of
    the functionaries under the Mayor's courts were dismissed servants of the British East
    India Company. There were some years which played important roles in setting up the
    courts in India.

    The Advocates Act, 1961

    After the establishment of the Advocates Act ,1961 all the old classes of experts and
    legal practitioners (vakils, barristers, pleaders of various grades, and mukhtars) were
    abolished and were compiled into a single category known as "Advocates" who enjoys
    the privilege to practice in courts throughout the India. The Advocates Act also
    additionally establish an All India Bar Council for the first time in history of India, with
    the Attorney-General and Solicitor General of India as the ex- officio members of Bar
    Council.

    PROFESSIONAL ETHICS

    Advocates, in addition to being professionals, are also officers of the courts and play a
    vital role in the administration of justice. Accordingly, the set of rules that govern their
    profession, professional conduct arise out of the duty that they owe the court, the client,
    their opponents and other advocates.

    Rules on the professional standards that an advocate needs to maintain are mentioned
    in Chapter II, Part VI of the Bar Council of India Rules under section 49(1)(c) of the
    Advocates Act, 1961.

    Professional ethics means a code of rules which regulates the behavior and conduct of
    a practicing lawyer towards himself, his client, his opposite party, his counsel and of
    course towards the court.

    Professional ethics consist of those fundamental values on which the profession has
    been built.

    The practicing lawyer shall have the social responsibility and dignity of the legal
    profession to ensure efficient service to his client as well as for public welfare.
    1. Composition, Power and Functions of the State Bar Council

    The Advocate Act, 1961, has made provisions for the establishment of Bar Councils.
    The Bar Council will be two patterns - Bar Council of India and State Bar
    Council. Under Section 3 of the Act State Bar Council will be established. However,
    Under Section 4, a Bar Council of India will be established.

    State Bar Councils :

    (2) A State Bar Council shall consist of the following members, namely:—

    (a) in the case of the State Bar Council of Delhi, the Additional Solicitor General
    of India ex officio
    (b) in the case of the State Bar Council of Assam, Nagaland, Meghalaya,
    Manipur and Tripura, the Advocate General of each of the State of Assam,
    Manipur, Meghalaya, Nagaland and Tripura, ex officio
    (c) in the case of the State Bar Council of Punjab and Haryana, the Advocate-
    General of each of the State of Punjab and Haryana, ex officio
    (d) in the case of any other State Bar Council, the Advocate-General of the State,
    ex officio;

    AND

    (a) in the case of a State Bar Council with an electorate not exceeding five
    thousand - fifteen members
    (b) in the case of a State Bar Council with an electorate exceeding five thousand
    but not exceeding ten thousand - twenty members
    (c) and in the case of the State Bar Council with an electorate exceeding ten
    thousand - twenty-five members

    elected in accordance with the system of proportional representation amongst


    advocates on the electoral roll of the State Bar Council

    Powers and functions of State Bar Council are as under

    Functions of State Bar Council :

    Section 6(1) of the Advocate Act 1961 makes provisions in respect of the functions of
    the State Bar Council.

    a) General functions - Functions of State Bar Councils

    I to admit persons as advocates on its roll;


    II to prepare and maintain such roll;
    III to entertain and determine cases of misconduct against advocates on its roll;
    IV to safeguard the rights, privileges and interests of advocates on its roll;
    V to promote the growth of Bar Associations for the purposes of effective
    implementation of the welfare schemes referred to in clause (a) of sub-section
    (2) of this section clause (a) of sub-section (2) of section 7;
    VI to promote and support law reform;
    VII to conduct seminars and organise talks on legal topics by eminent jurists and
    publish journals and paper of legal interest;
    VIII to organise legal aid to the poor in the prescribed manner;
    IX to manage and invest the funds of the Bar Council;
    X to provide for the election of its members;
    XI to visit and inspect Universities in accordance with the directions given under
    clause (i) of sub-section (1) of section 7;

    b) To Issue Certificates of Enrollment -

    Section 22 of Advocate Act 1961 provides that, There shall be issued a certificate of
    enrollment in the prescribed form by the State Bar Council to every person whose
    name is entered in the roll of advocates maintained by it under this Act.

    c) To Maintain Roll of Advocates -

    Section 17. of Advocate Act, 1961 provides that every State Bar Council shall prepare
    and maintain a roll of advocates

    Each such roll of advocates shall consist of two parts - the first part containing the
    names of senior advocates and the second part, the names of other advocates.

    Section 19 of the Advocate Act, 1961, requires the State Bar Council to send copies of
    rolls of advocates to the Bar Council of India.

    Powers of State Bar Council

    a) Power to make rules: The State Bar Council has been empowered to make
    rules to carry on the purposes of section 16 to Section 27 of the Advocate Act, 196,
    dealing with the admission and enrollment of advocate.

    b) Power to punish Advocate: The State Bar Council has Power to punish an
    advocate for professional misconduct and other misconduct. The Disciplinary
    Committee of the State Bar Council may make any of the following order -

    (a)dismiss the complaint or, where the proceedings were initiated at the
    instance of the State Bar Council, direct that the proceedings be filed;
    (b) reprimand the advocate;
    (c) suspend the advocate from practice for such period as it may deem fit;
    (d) remove the name of the advocate from the State roll of advocates.

    c) To appoint Committees and Staff Members: A bar Council establishes


    several committees to its function under this Act including the disciplinary committee,
    Executive Committee, Enrollment Committee, etc.

    d) To Maintain Accounts and Conduct Audit: Section 12. of Advocate Act 1961
    provides that every Bar Council shall cause to be maintained such books of accounts

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