The new Certificate of Practice and Renewal Rules, 2014, as released by the Bar Council of India, disallow fresh lawyers from practicing in the Supreme Court. According to these rules, they will have to spend two years in a trial court and three years in High Court before they become eligible to practice in the Supreme Court. Within six months of 29 October 2014 (the date of the notification), under Rule 8 all advocates who graduated before 2010 must get a certificate of practice from the BCI, which will cost Rs 500 (Rs 400 to the respective state bar council and Rs 100 to the BCI). Additionally, the new Rules restrict license to practice law only for five years, after which it may be renewed after a review. The application for such renewal has to be filed six months in advance, before the validity period of the “Certificate of Practice” expires. In order to practice before the High Court, the advocate should’ve practiced in the Sessions Court or District Court, for a minimum period of 2 years. [Chapter III] In case an advocate fails to make an application for issuance/renewal of Certificate of Practice within the prescribed period, it will, prima facie, be presumed that such an advocate has left law practice and that he/she has no bona fide intent and interest in continuing it in future also. In case an advocate leaves one Bar Association and joins another, such change will have to be intimated to the Bar Council of which he becomes a member, within a period of one month. The State Bar Council is also asked to prepare a “List of Defaulting Advocates”. From the date of publication of the list of non-practicing advocates, all such advocates whose names have been included in the list, will not be entitled to appear in any Court of Law, before any Tribunal or person legally authorized to take evidence, notwithstanding the fact that names of such advocates are entered in the State Roll and that they are holding certificate of enrolment under section 22 of the Advocates Act...(watsapp msg)
Posted on: Fri, 14 Nov 2014 04:26:51 +0000