PART VI

 

RULES GOVERNING ADVOCATES

 

CHAPTER I

 

Restrictions on Senior Advocates

 

(Rules Under Section 16 (3) and 49 (1) (g) of the Act)

 

Senior Advocates shall, in the matter of their practice of the profession of law mentioned in Section 30 of the Act, be subject to the following restrictions :

 

(a)        A Senior Advocate shall not file a vakalatnama or act in any Court, or Tribunal, or before any person or other authority mentioned in Section 30 of the Act.

 

Explanation : " To act " means to file an appearance or any pleading or application in any Court or Tribunal or before any person or other authority mentioned in Section 30 of the Act, or to do any act other than pleading required or authorized by law to be done by a party in such Court or Tribunal or before any person or other authorities mentioned in the said Section either in person or by his recognized agent or by an advocate or any attorney on his behalf.

 

(b) (i)               A Senior Advocate shall not appear without an Advocate on Record in the Supreme Court or without an Advocate in Part II of the State Roll in any Court or Tribunal or before any person or other authorities mentioned in Section 30 of the Act.

 

(ii)              Where a Senior Advocate has been engaged prior to the coming into force or the rules in this Chapter, he shall not continue thereafter unless an advocate in Part II of the State Roll is engaged along with him.  Provided that a Senior Advocate may continue to appear without an advocate in Part II of the State Roll in cases in which he had been briefed to appear for the prosecution or the defence in a criminal case, if he was so briefed before he is designated as a senior advocate or before coming into operation of the rules in this Chapter as the case maybe.

 

(c)                  He shall not accept instructions to draft pleading or affidavits, advice on evidence or to do any drafting work of an analogous kind in any Court or Tribunal or before any person or other authorities mentioned in Section 30 of the Act or undertake conveyancing work of any kind whatsoever. This restriction however shall not extend to settling any such matter as aforesaid in consultation with an advocate in Part II of the State Roll.

 

(cc)                  A Senior Advocate shall, however, be free to make concession or give undertaking in the course of arguments on behalf of his clients on instructions from the junior advocate.

 

(d)                   He shall not accept directly from a client any brief or instructions to appear in any Court or Tribunal or before any person or other authorities in India.

 

(e)                    A Senior Advocate who had acted as an Advocate (Junior) in a case, shall not after he has been designated as a Senior Advocate advise on ground of appeal in a Court of Appeal or in the Supreme Court, except with an Advocate as aforesaid.

           

(f)                       A Senior Advocate may in recognition of the services rendered by an Advocate in Part - II of the State Roll appearing in any matter pay him a fee which he considers reasonable.