Advocates & Lawyers in India:
In India, the phrases lawyers
are used interchangeably to
refer to legal practitioners. In general usage, there is no bar with using these
A lawyer is a person who practices or studies law, according to the definition.
Lawyers in India are graduates who have completed law school but have not yet
registered with the Bar Council of India.
An advocate in India is a professional who has finished a law degree and passed
the All India Bar Council's license examination. "Advocate" is defined under
Section 2(1)(a) of the Advocates Act 1961. The term "Advocate" is defined under
the Act as "any advocate listed in any roll under the Advocate Act 1961.
Unless otherwise barred by a statute, the Advocates/lawyers enrolled at the bar
can Practice different streams of laws:
The corporate lawyers usually practice in Banking Lawyers, GST Lawyers,
Arbitration Lawyers, Lawyers practicing in the area of Securities Exchange Board
of India (SEBI), Industrial Projects & Infrastructure Lawyers, Income Tax
Lawyers, Mergers & Acquisitions Lawyers, Real Estate Regulatory Authority
Lawyers, Insolvency & Bankruptcy Lawyers, Intellectual Property lawyers:
Trademarks, Copyrights, and Patents.
Civil law matters are usually handled by Constitutional Lawyers, Civil Lawyers,
Land Acquisition and Fair Compensation Lawyers Matrimonial Lawyers, Education
Lawyers, Consumer Lawyers, Family Lawyers, Administrative Lawyers, Labour Court
Lawyers, Sports & Media Lawyers, Immigration Lawyers, Indian Stamp Act Lawyers,
Human Rights Lawyers, Senior Citizens Lawyers, and Rent & Tenancy Lawyers, Armed
Forces Tribunal Lawyers.
The Criminal Lawyers usually represent complicated criminal cases related to the
Prevention of Corruption Act, the Protection of Children from Sexual Offenses
matters, matters related to Juvenile Justice Act, cases involving SC/ST Act,
Crime Against Women, Prison & Custody disputes, Contempt of Court, Arms Act
matters, Sexual harassment disputes, and Information Technology & Cyber Crime.
Senior Advocates in India:
If the Supreme Court or a High Court feels that an advocate with 10 years of
experience is worthy of such designation due to his ability, position at the
Bar, or unique knowledge or expertise in law, he may be named as a senior
advocate with his consent. The designation of an advocate as Senior Advocate is
decided by the Full Court of the High Courts or the Supreme Court. Under normal
conditions, a senior advocate must be at least 45 years old.
While practicing as a lawyer, Mr. Rohington F. Nariman became a senior advocate
at the age of 37. After amending rules of designating advocates as senior, Sh.
Rohington Nariman was designated as a senior counsel by Chief Justice
Designations of Advocates & Lawyers in England
A mandate for the practice of English law in England and Wales is a
qualification as a barrister or attorney. However, this is only required for
practicing English law in England.
A solicitor is a lawyer who gives legal advice, drafts legal documents or cases,
and defends clients in lower courts. These audience privileges do not belong
just to attorneys; they are shared by barristers as well. Unlike barristers,
however, customers can advise solicitors directly.
The Inns of Court in London are the professional organizations for Barristers in
England and Wales, and there are four of them. Barristers are lawyers admitted
to the Bar by one of the four Inns of Court in England and Wales: the Inner
Temple, the Middle Temple, Lincoln's Inn, and Gray's Inn. Barristers have
traditionally enjoyed the unique privileges of the audience (to appear and
conduct a hearing on behalf of a client) before superior courts in England and
Wales. They couldn't be engaged by clients; instead, solicitors had to hire
Practicing and non-practicing Barristers:
The right to appear in court does not immediately come with being called to the
Bar and becoming a barrister. Barrister-at-Law is a purely academic title
conferred by the Inns of Court. In England and Wales, getting rights of audience
in the courts requires a year of pupillage in a barrister's chambers. Only about
40% of barristers go on to become pupils, therefore obtaining a pupillage is
difficult. Barristers who are unable to complete pupillage may only use the
title "Barrister-at-Law (non-Practicing)." They are not permitted to practice
law in English courts.
Door Tenant & Full Tenants:
Barristers' chambers is an association of practicing barristers who share a
living area and administrative expenses. A barrister who works in chambers is
referred to as a tenant. Barristers in fact have the right to have their names
written on the chamber door. Some barristers choose not to practice in chambers
and instead open offices in foreign countries. The chambers do not have rooms
for them, but their names are written on the door. These barristers are referred
to as "Door Tenants" in contrast to barristers who have rooms in chambers, who
are referred to as "Full Tenants."
Barristers who have been appointed by the Queen to help her in legal matters are
known as Queen's Counsel.
Queen's Counsel vs. Senior Advocates:
Senior Advocates are elected by the Full Court of the High Courts or the Supreme
Court in India, whereas Queen's Counsel is appointed by Her Majesty in England.
Queen's Counsel account for around 10% of barristers in England and Wales, a
higher proportion than senior advocates, who account for about 2% of lawyers in
Changing roles of legal professionals in England:
Barristers operate from chambers as self-employed professionals, unlike most
solicitors who work in firms. The traditional distinctions between solicitors
and barristers are fading, but not totally. Solicitors can now acquire the
rights of the audience before superior courts after passing a rigorous training
and examination process. Clients can instruct barristers directly after
acquiring direct access authorization from the Bar Standards Board.
Advocates practicing Indian law in England:
A lawyer practicing Indian law in England and Wales is not obliged to have any
further qualifications beyond those gained in India. Commercial ties between
India and the UK have developed dramatically in recent years, as have
international commercial arbitrations involving Indian companies held in
As a result, English barristers have begun to work with Indian lawyers. As a
result, a few Indian lawyers have taken up residence in London barristers'
chambers as door tenants. These lawyers, on the other hand, are unable to
practice English law and can only offer legal advice on Indian law.