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Bar Exam for Advocates Practicing License - Right or Wrong??

Page no : 2

R.K.SUNDERRAJ (LAWYER HUBLI,KARNATAKA)     10 January 2010

Instead of conducting any exam, all the members should be given enahanced Training at High Courts and in the supreme courts compulsurly attaching them with the seniors .This would be sufficient to gain practical knowledge, at the enterence itself.


(Guest)

How many exams still a poor Indian lawyer should write?

Tulasi (Asst. Finance Manager)     16 January 2010

I completely disagree with all the views expressed.

To practice the art of arranging words and sections for the better protection of their clients, an advocates is expected of knowing the simple natural laws. But  now a days, who ever may be the advocate, they don't follow the procedures while accepting any case, nor they are not aware of what fees to be collected from whom.  what are restrictions placed by BCI.

Issues and Facts and decided cases play major role in deciding majority of cases. But my advocate friends forget the all issues and facts, and approach the courts like a layman, all this is becuase of  poor engligh language skills (english is having more sysnomous than any other language).

It is the last resort for many takers, they are not interested in laws, nor they understand what they are doing, (double standards).

My views herein expressed are my personal views. my sincere apologies for those felt hurted.

mukesh aggarwal (advocate)     16 January 2010

The views of Tulasi are justified to a great extent. The advocates in India are not updated on the law applicable to the case being conducted by them.

Lilly rose (n/a)     16 January 2010

"sysnomous ---- becuase ---- engligh......" are you fit to comment on ENGLISH of advocates MR.A.F.M.??????? Of course when you are like this one can imagine how your friends would be?

Tulasi (Asst. Finance Manager)     18 January 2010

First Thanks to Lilly Rose,

I am a layman, very poor in english, and my friends are like me only. I can't Change them.

But  You are silent, and you have not expressed your views, I hope you should not one of my friend.

Tulasi

smith sharma (lecturer)     18 January 2010

yes ........bar examz r right.........i m in favor of this examz...........

with regards

smith sharma{lawer}

Ritwick Dave (Lawyer)     18 January 2010

According to me it is the best ever Decision taken. It will stop the unwanted Practicener to come to Court.

 

Lilly rose (n/a)     18 January 2010

ACCORDING TO ME FURTHER EXAMS FOR ADVOCATES ARE UNNECESSARY BECAUSE LAWYERS OF OUR COUNTRY HAVE PASSED OUT LAW EXAMS IN THEIR LAW COLLEGES AND STARTED PRACTICE . THE VIEW OF MR.A.F.M. IS THAT ONLY WHEN ANOTHER NEW EXAM IS WRITTEN BY A LAWYER, THEN ONLY HE IS A GOOD LAWYER. MR.A.F.M. SAYS LAWYERS SHOULD KNOW NATURAL LAWS. WHAT IS A NATURAL LAW IS A BIG QUESTION MARK. OUR LAWYERS KNOW LEGAL LAWS AND THEY PRACTICE LEGAL LAWS AND THEY ARE ONLY ACCEPTED BY OUR CONSTITUTION AND PRESCRIBED TO COURTS TO DECIDE. FOR INSTANCE A MAN URINATES SUDDENLY ON ROAD BECAUSE OF HIS URGENCY, CAN LAW ALLOW IT BECAUSE HE IS A NATURAL HUMAN BEING AND HE SHOULD BE ALLOWED UNDER NATURAL LAWS. THEN WHAT WILL HAPPEN TO CODIFIED LAWS OF LAND????????? HIS ANOTHER WISH IS THAT LAWYERS SHOULD HAVE GOOD ENGLISH KNOWLEDGE. IF THIS IS TO BE ACHIEVED THEN OUR COUNTRY WILL NEVER PRODUCE MORE THAN A VERY SMALL PERCENTAGE OF LAWYERS. ALSO WHAT LAWYERS ARE GOING TO DO ----- TEACH ENGLISH OR PRACTICE LAW????????? LANGUAGE SHOULD BE USED FOR COMMUNICATION IT SHOULD NEVER BECOME A JEWEL......... IF YOU SEE ENGLISH MOVIES NOWADAYS ENGLISH IS MURDERED BY THEM IN EVERY DIALOGUE. ARE THE MOVIES NOT UNDERSTOOD BY US????????? WHEN IT COMES TO CHARGING OF FEES BCI HAS NO SUCH RESTRICTING PROVISION IN ITS BYELAWS. BCI IN FACT GIVEN LIBERTY TO ITS MEMBERS TO CHARGE ACCORDING TO THE CAPACITY OF A CLIENT BECAUSE BCI HAS BELIEVED THE MINDSET OF ITS MEMBERS. FROM BEGINNING OF THE BYELAWS NO CHANGE DID HAPPEN TILL TODAY. THAT MEANS THERE IS NO NEED AROSE TO AMEND IT EITHER BECAUSE OF ITS AMBIGUITY OR OTHERWISE. ALL MEMBERS HAVE TAKEN THE BYELAW IN RIGHT SPIRIT AND HAVE BEEN CHARGING FEE COMMENSURATE TO FINANCIAL STATUS OF THE CLIENT. BUT WHAT FOR MR.A.F.M. HAS PUT INTO THIS POINT INTO THIS THREAD IS A MILLION DOLLAR QUESTION. WHETHER HE SUGGESTS AN EXAM EXCLUSIVELY FOR CHARGING OF FEES ALONE (may be who knows?????????

Tulasi (Asst. Finance Manager)     19 January 2010

To be reintroduced - Bar Exams, Apprenticeships

I am against this proposal

because , The Law Ministry is merely attempting to re-introduce a clause that was deleted from the Advocates Act in 1973.


Attached File : 37 37 www barandbench com.pdf downloaded: 113 times

P.K.Haridasan (Advocate)     21 January 2010

 It is necessary to put restrictions on the quality of lawyers. People without adequate knowledge in law  and having  good influence  to get briefs from contacts  unable to perform well  in courts.Ability and good quality are required for lawyers. Welcome to the suggestions. Why we fear if we have quality  and confidence in us. 

nikhil kumar sinha (legal associate)     25 January 2010

Instead of exams i prefer it if they make it mandatory for a fresher to do articleship under a senior adv.

B.S MANJUNATH (ADVOCATES)     09 February 2010

Exams do not serve the purpose. Instead of exams some orientation course in the context of introduction to legal practice should be made madatory for those enrolled. Such introductory course should be organised in such a manner that senior advocates could introduce to  the juniors the apparent requirement for practice.

cssree (-)     10 February 2010

Amendment of The Advocates Act, 1961 is the blatant violation of  V. Sudeer v. Bar Council of India (AIR 1999 SC 1167).

In V. Sudeer v. Bar Council of India (AIR 1999 SC 1167), the Supreme Court declared that the Bar Council of India Training Rules which provided for pre-enrolment training as ultra vires the enabling Act (The Advocates Act, 1961). It was held that the rules framed under the Parent Act must have a statutory peg on which it was to be hanged. If there is no statutory peg, the rule which is sought to be enacted dehors such peg will have no foothold and will become stir born.

If Law ministry amends the Advocates Act, 1961, it can be challenged in the Supreme Court of India.

cssree (-)     10 February 2010

In 1994, the Chief Justice of India, Justice M.N.Venkatachaliah, constituted the Justice Ahmadi Committee on Legal Education consisting of Justices A.M. Ahmadi, B.N.Kirpal and M. Jagannadha Rao. The recommendations of the Committee led the Bar Council to reintroduce the one year apprenticeship and make appropriate rules. Those rules were challenged in the Supreme Court, which held that the subject of apprenticeship was one of the items of the Advocates Act that had been deleted in 1973. Now Law Ministry wanted to reintroduce the apprenticeship and such a condition by amending the Advocate Act.
Surely, it will be challenged in the Supreme Court again.  

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