Fake Medical Practice
Parthasarathi Loganathan
(Querist) 05 November 2010
This query is : Resolved
If a person is indulging in Fake Medical Practice without proper qualifications or licence we call him a QUACK.
If the same happens to Advocate Profession, then what that person is literally known as...
Please give a correct literature meaning specified in Advocates' Act (if available)
Raj Kumar Makkad
(Expert) 05 November 2010
No specific word is used in Advocates Act, 1961 for such person rather definition of Advocate is clear there and no other person can be termed as an advocate unless he fulfills the requisite qualification mentioned therein.
Kirti Kar Tripathi
(Expert) 06 November 2010
Though no specific word is provided in the law but we may call them Jhola Chhap Vakil
R.Ramachandran
(Expert) 06 November 2010
While 'Quack' is for unqualified practiser of medicine, no such single term appears to be there for 'unqualified practiser of law'. However I will continue to research on this aspect.
But I am sure, 'tout' is not the apt word to describe the person.
'Tout' only means a person who solicits the custom persistently. This will fit for anyone who does such a thing, not necessarily to a unqualified lawyer.
So, we have to research on the proper word.
Advocate. Arunagiri
(Expert) 06 November 2010
We can call him also as Quack. The English meaning of a quack is pretender, counterfeit etc. So any body who is pretending as if he is a qualified person, can be called as QUACK.
Devajyoti Barman
(Expert) 06 November 2010
yes and he could be criminally prosecuted as well.
Chanchal Nag Chowdhury
(Expert) 06 November 2010
In Bengal,people without requisite qualifications practiced law in the following manner:-
In the HC,they had to work as 'Articled Clerks' under some solicitor for a no. of years & had to appear in an examination conducted by HC. If successful,they practiced as solicitor/attorney in HC.They could not address the court directly but could represent their clients only through Barristers. However, they could attend the Judges' chamber for certain purposes which, under the Original Rules of HC,was known as 'Solicitors Chamber Business'.
Another set of practitioners were there in the lower courts especially on the criminal side. They were known as 'Mokhtars'.They were usually advocates' clerks who had put in long years & were confident of handling cases independently.Some such Mokhtars were highly successful practitioners & were in great demand.
Raj Kumar Makkad
(Expert) 06 November 2010
Chanchal has provided good info abt Bengal.
Parthasarathi Loganathan
(Querist) 06 November 2010
Though it is not a brain teaser, I want experts to pour all their opinion before I conclude with an apt terminology to define this fake practitioners. Please pour your thoughts in this forum. If there is no proper word, we shall coin one and recommend for usage by our legal fraternity.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 06 November 2010
Mr Partha you are not a practicing advocate and still dishing out expert opinion ' what it should be termed.
Parthasarathi Loganathan
(Querist) 06 November 2010
Shashiji, I never branded myself as an expert and one need not be a practicing advocate to interpret any Statute. Common prudence with basic law degree would suffice which I possess. My responses to the queries posted and contributions rendered to this website will serve as a substantial proof as to my sincere participation to maintain the desired professional standards expected of this section.
Experts will also agree to the fact that if a non practitioner like me who is a full time IT professional could scale up to the rank of one amongst the TOP 20s in the Hall of Fame for Experts section within a short period of time, it would surely motivate and rejuvenate all advocates who are in active practice to contribute their prowess in law matters to the site and make it one amongst the best in business to help the law deprived of this country free of cost.
Mr.Shashikumar, being a senior and seasoned advocate, it hardly takes few seconds for you to introspect this aspect. Let us take a healthy lead to utilise the best opportunity rendered by the LCI rather than focusing on trivial issues resulting in needless posts. It is better to focuss the contents of query and replies posted by experts specifically rather than diluting the subject. Precious time of the participants will be saved if we do that. Good Wishes!!
Parthasarathi Loganathan
(Querist) 09 November 2010
Can we get back to the query please? Else, we will soon find an article discussing the issues that are detrimental to the interests of fair practice of profession.
Sri Vijayan.A
(Expert) 09 November 2010
Quack may be the right word.
And Mr.Partha did not or does not claim himself as Advocate. But he is Lawyer, nobody can deny it.
Sorry for the deviation from the main discussion
Quack may be the right word.
