Legal profession by M’am Sadia Akhtar. 2nd lecture date 11-09-2013 Advocacy in modern age, To know about advocacy in modern age first we should learn some facts about advocacy in modern age. • First learn the facts;- To get the knowledge of facts of relevant case first. • After mastering the facts, learn the law and apply to the facts. • Develop the theme of the case. • Young lawyers must visit and observe the courts proceedings to gain experience and knowledge. • Represent the facts as well as the law before the court in a logical manner. Categories of advocates;- There are two kinds of judicial lawyers in Pakistan. • Government attorney or prosecutor. • Private lawyers. We can classify govt. attorney or prosecutor as; i) Govt. attorney A lawyer who represents government’s point of view from lower to higher courts. ii) Supreme court • Attorney general;- He is the chief legal adviser of government as well as highest law officer in the Supreme Court. The president of Pakistan appoints him under article 100 of the constitution of Pakistan. He serves till the pleasure of president or till his resignation. • Deputy attorney general ;- There number may vary and prime minister of Pakistan appoints him. He is not appointed under the constitution. He legally advises the government and change with the government. The practice of fifteen years or qualification equal to a Supreme Court judge is required for the post of deputy attorney general. iii) High court • Advocate general;- It is also constitutional post and appointed by the governor of the concerned province under article 140 of the constitution of Pakistan. He is the principal law officer of the province. The person who qualified as a judge of the high court is appointed as advocate general of province. He advises the provincial govt. and performs the duties assign to him. • Assistant advocate general;- He is not appointed by the constitution but by the chief minister of the concerned province. His duties are also legally assist the provincial govt. District level • Civil level i) Attorney ii) District attorney or executive district officer of law. (grade 19) iii) Deputy district attorney. (grade 18) iv) Assistant district attorney. ( grade 17 and 4 year practice) • Criminal case i) Prosecutors. ii) District public prosecutor. ( grade 19 ) iii) Deputy district public prosecutor. ( grade 18 ) iv) Assistant district public prosecutor. ( grade 17 with 2 year practice ) Private lawyers The lawyer who practices law from lower to higher courts privately is called private lawyer. We can classify private lawyers as following; • General advocate He practices law in lower or district courts. Here are some requirements for general advocate, i) The person should be a citizen of Pakistan or Azad Jammu and Kashmir. ii) He should be a twenty one year of age. iii) He should be a regular member of the relevant province Bar Council. • Advocate high court An advocate may appear before the high court if: i) He has minimum two years of practice in a lower court. ii) He is regular member of relevant province bar council. iii) He may appear before the high court and tribunals (judges on special duties) in Pakistan except Supreme Court. Exception An LLM degree holder can directly appear before the high court and the institution from where he has done LLM should be recognized by the relevant province bar council. Common rules of advocates A provincial bar council makes two list of the advocates, one is for district level and the second one is for higher court level. On the other hand the Pakistan bar council makes the list of only those who practice the law in the Supreme Court. Advocate Supreme Court Minimum ten years of practice as a high court lawyer is required for becoming an advocate of Supreme Court. He should be regular member of Pakistan bar council. He may appear before any court or tribunal in all over the country. Income tax lawyer A lawyer is qualified to be an income tax lawyer if: i) He is a diploma holder in taxation law or he is having a b degree. ii) The central board of revenue has issued license to him for income tax practice. Legal profession 1st lecture date 9-09-2013 Definitions;- • Lawyer The body of individuals qualified to practice law in a Particular jurisdiction. • Advocate The word advocate is derived from the Latin word ‘advocatus’ which means a legal adviser or a person who assist clients in courts. • Black’s law The person who assists, defense, pleads and prosecutes is an advocate. • Webster’s dictionary The person who defend, vindicates (disapprove the allegations), espouses (support one’s cause by arguments) is called an advocate. • Lawyer According to black’s law dictionary; A person learned in law as attorney, consultant, and solicitor, who is practicing law, is called a lawyer. Provincial Bar Council 3rd lecture date 17-09-2013 • Chairman Advocate general is considering as Ex-officio chairman of the concerned provincial Bar Council. • Vice chairman He is also an elected member. Elections for the post of vice chairman are also held every year. • Secretary He is a whole time employ and perform the duties mentioned in the legal practitioners and bar council’s act 1973 and Punjab legal practitioners and bar council rules 1974. He also deals with the administrative affairs. Number of members who may be elected by the advocates of the province amongst themselves. Function of provincial bar council The provincial bar council performs following functions. i) To conduct examination for admission of advocates of lower or district courts. ii) To admit persons as advocates and prepare a common roll of advocates. iii) To admit advocates as advocate high court and prepare a common roll of advocates of high court. iv) To entertain cases of misconduct and award the punishments accordingly. v) To safe guard the rights and interest of advocates of provincial bar council. vi) To suggest and promote law reforms. vii) To conduct election of provincial bar council. viii) To administered the property and funds of provincial bar councils and invest their funds. Committees of provincial bar councils There are three committees of provincial bar council. • Executive committee. It consists of chairman and five other members. These are elected from the members of provincial bar councils each year. • Disciplinary committee The chairman is not included in it. It consists of five members which are elected from provincial bar councils. • Enrollment committee The chairman who is the judge of high court and nominated by the chief justice of high court and two other members elected from the members of provincial bar councils are included in this committee. Vacant seat In case of death or disqualification or any other such condition a second highest vote holder fills up the vacant seat. If a seat of provincial bar council member is vacant during the term of provincial bar council. It is filled by the receiver of second highest member of votes in same election and from the same district. Qualification for the member of the provincial bar council • A lawyer is qualified if he is on the roll of advocate of high court. • He has an experience of practicing law for ten years. • He has cleared or paid all the dues to the provincial bar council. Disqualification for the membership of provincial bar council • If he is dismissed from the service of govt. of Pakistan. • He is convicted of any offence especially moral turpitude. • He is guilty of professional misconduct. • He is UN discharge or insolvent or bankrupt. • Declared a tout or an agent of a lawyer. Cessation of membership A person’s membership is ceased if; • The member is appointed to an office of profit in the service of Pakistan. • He suspended or remove prom the practice. Or • He incurs or undergoes any of disqualification mention before. Term of provincial bar council Term of provincial bar council is five years from duration it begins from first January the year after election held. Time of holding 4th lecture date 18-09-2013 The election will be held on 30th November in the year in which the term of provincial bar council express. The election held on or before 30th November. Elections The advocate entered on the roll of a district or a group of districts shall constitute the Electoral College. At election a voter advocate shall have as many votes as the number of the members to be elected from the concerned district. Resignation A member may resign by writing under his own hand addressed to the chairman of the provincial bar council. Chairman and vice chairman • Every provincial bar council shall have a chairman and vice chairman. • The advocate general of the province shall be the ex-officio chairman of the provincial bar council. • Vice chairman will be elected from the members of provincial bar council. • The election of the vice chairman shall be held after the election of members of provincial bar council. • The prior vice chairman will perform his duties till the election of his successor. • The vice chairman may resign by writing under his hand addressed to the chairman. • Election for the vacant seat of vice chairman shall be held within thirty days of its vacancy. • A vice chairman shall cease to hold the office if he is appointed to hold the office of profit in service of Pakistan or suspended or removed from the service. Powers and duties of chairman • The chairman is responsible for smooth working or running of the provincial bar council under legal practitioners and bar council act 1973. • He may convince the meeting of provincial bar council and preside it. • He will insure complains with provision of legal practitioner and bar council act 1973 and Punjab legal practitioner and bar council rules 1974. • He is presiding officer during the election. Powers and duties of vice chairman • A vice chairman exercises his powers as chairman in the absence of chairman. • He co-ordinates the functions of all committees and bar councils. • He manages and administers the employee of bar councils. • He is responsible for smooth running of provincial bar councils. Pakistan bar council Here are some functions of Pakistan bar council. • To prepare and maintain the roll of advocates of Supreme Court. • To admit the persons as advocates of Supreme Court. • To entertain the cases of professional misconduct of advocates of Supreme Court and order punishments in such cases. • To exercise general control and supervision on the provincial bar councils. • To promote legal education in consultation with the universities. • To provide legal aid to the advocates. • To promote and suggest law reforms. • To recognized the universities of which qualification shall be conditional for enrollment as advocate. • To prescribe the conditions for recognition of high court bar association at tehsil and district level. • To manage the property and funds of the Pakistan bar council and their utilization. • To lay down the procedure and functioning of committees of bar councils.
Posted on: Tue, 24 Sep 2013 15:55:33 +0000
Trending Topics
Recently Viewed Topics
© 2015