Test: Legal Profession - 1 - CUET Humanities MCQ

Giving effect to the Chamier Committee recommendations, the Central Legislature enacted the Indian Bar Councils Act, 1926. The Act provided for the Constitution and incorporation of Bar Councils, to confer powers and impose duties on the Bar Councils and to consolidate the regulations pertaining to the legal profession.

The Bengal Regulation VII of 1793 created for the first time, a regular legal profession in the Company's Courts. The Regulation was for the appointment of vakils or native pleaders in the Courts of Civil Judicature (Sadar Diwani Adalat) in Bengal, Bihar and Orissa.

Legal profession in India is regulated by Advocates Act, 1961. The Advocates Act of 1961 amended and consolidated the law relating to legal practitioners and provided for the constitution of the State Bar Councils and an All-India Bar - the Bar Council of India as its apex body.

In the United States, students after completing a four-year undergraduate degree in any discipline, write the Law School Admission Test (LSAT) exam. Thereafter, they can apply to a law school and enrol in a three-year J.D. (Juris Doctor) programme. The pedagogical method adopted in law schools involves the case study method as well as the Socratic method.

The Bar Council of India consists of members elected from each State Bar Council, and the Attorney General of India and the Solicitor General of India are ex-officio members. The members from the State Bar Councils are elected for a period of five years. The Council elects its own chairman and vice-chairman for a period of two years from amongst its members.

The Model Rules set forth professional standards governing the practice of law. The Model Code of Professional Responsibility, 1969 and the newer Model Rules of Professional Conduct, 1983 have been adopted in 49 states of the US. Most states have adopted the Model Rules, though with some modifications. California is currently the only state that has not adopted these Model Rules.

An Advocate's duties towards the client include being bound to accept briefs, not to withdraw from service, not to appear in matters where he/she is a witness, not to suppress material or evidence. An Advocate also has to maintain client confidentiality and not to instigate litigation or to charge contingency fee (fee depending on success or favourable result of matters). There is a general duty to ensure that his/her duties do not conflict with the client's interests. An Advocate is also expected not to negotiate directly with the opposing party (only through the opposing advocate) and to carry out legitimate promises made.

The Bar Council of India is a statutory body established under the section 4 of Advocates Act 1961 that regulates the legal practice and legal education in India. Its members are elected from amongst the lawyers in India and as such represents the Indian bar. It prescribes standards of professional conduct, etiquettes and exercises disciplinary jurisdiction over the bar. It also sets standards for legal education and grants recognition to universities whose degree in law will serve as a qualification for students to enroll themselves as advocates upon graduation

N. R. Madhava Menon was an Indian civil servant, lawyer and legal educator, considered by many as the father of modern legal education in India. He is the founder of National Law Universities system and first director of the National Law School of India University (NLSIU) and the National Judicial Academy, Bhopal and the founder-vice-chancellor of the West Bengal National University of Juridical Sciences (NUJS).

As per the Advocates Act, the Bar Council of India consists of members elected from each state bar council, and the Attorney General of India and the Solicitor General of India who are ex officio members. The members from the state bar councils are elected for a period of five years.

Legal officers who act as advisors to the Central Government include the Attorney General of India, the Solicitor General of India and the Additional Solicitor General of India. The state government similarly has Advocate General. The office of the Attorney General for the Union of India and the Advocate General for the concerned States are Constitutional offices. The Constitution of India has also laid down the qualifications necessary for being considered for the position of the Attorney General and the Advocate General. But there is no provision for the office of Solicitor General in the Constitution.

The Madras High Court, in response to a PIL filed by A. K. Balaji, permitted foreign lawyers to practice in India on a "fly in and fly out" basis.

Prior to the enactment of the Advocates Act, the term "advocates" referred only to English and Irish barristers and members of the Faculty of Advocates in Scotland. This class was permitted to practise in the Supreme Court of Judicature in Bengal, to the exclusion of native practitioners.

The Allahabad High Court enrolled Ms. Cornelia Sorabji as the first Indian lady vakil of Allahabad High Court on 24 August 1921 by a decision of the English Committee of the Court.

India has the second largest population of lawyers in the world, second only to the United States. The number of persons admitted to practice law in India has increased from about 70,000 at time of independence in 1947 to some 1.25 million in 2014.