Recently when the Bar Council of India introduced an examination to test an advocate’s ability to practice the profession of law in India, there was a big hue and cry from a section of lawyers saying that when they are qualified in their professional studies, what is the need for the Bar Council to conduct another examination to test the ability of an advocate. Mere passing an examination does not suffice. Can a person just after completing his medical course start his profession as a doctor straightaway ? Here, some of my lawyer brothers may argue that nobody enters into the court hall straightaway from the law college, they join and work under some seniors and after gaining some experience only, they undertake the cases independently. It is true and accepted. But how many of them apply the law and act strictly following the ethics and guidelines of their profession ? You can count them very easily. I have seen many lawyers who are attending the court just for time pass, there are so many fake lawyers who do not the fundamental of our legal system. There are advocates who do not know that Advocate Act is existing and certain standard and ethics prescribed for the advocates to be followed strictly. Law is a noble profession like that of a medical practitioner. While the doctors save the life of a patient by giving him proper medical advice/treatment, an advocate is helping the hapless victims to get social justice. They should not take the law in their hands and indulge in any anti-social activities. I myself personally came across a lawyer who played with my property by representing three different lawyers and when I complained to the Bar Council, he very coolly replies by saying that he is a very busy lawyer running between the lower court and high court with 28 years of experience, having no time to notice that the property is one and the same and other bla... bla…. When I challenged him how could he represent three clients, he simply said that he was shown a sale agreement by his clients and as the seller was not coming forward for registering the Sale Deed, he filed the third suit under Specific Performance Act. But the poor lawyer, caught in his words by saying that he was shown the Sale Agreement wherein it was clearly mentioned that there is a civil dispute pending on the property. So, it has become evident that without going through the sale agreement or by using the loop holes, he helped his third client in getting the Sale Deed Registered when a suit is already pending. Clear breach of Professional ethics.
Another Advocate has recently asked in this forum whether he can represent his own case in the court. And that too in a consumer court case. Such is the knowledge of the Advocate. Now I leave it to the Advocate brethrens to opine whether Bar Council of Examination is required to test an advocate’s ability to practice the profession of law in India is required or not.
