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praveen mr (Senior Articled Clerck)     19 December 2011

Who is a attorney

Hello Experts

 

Who is an attorney?

I recently saw that an attorney can also help in formation of a company. So is a lawyer who has registered with the BAR Council an attorney.

 

Thanks



 1 Replies

sandeep gangwar (AUDITOR)     19 December 2011

 


 

In most common law jurisdictions, the attorney general, or attorney-general, is the main legal advisor to the government, and in some jurisdictions he or she may also have executive responsibility for law enforcement or responsibility for public prosecutions.

The term is used to refer to any person who holds a general power of attorney to represent a principal in all matters. In the common law tradition, anyone who represents the state, especially in criminal prosecutions, is such an attorney.

The Attorney General for India is the Indian government's chief legal advisor, and its primary lawyer in theSupreme Court of India.

The Attorney General for India is appointed by the President of India under Article 76(1) of the Constitution of India and holds office during the pleasure of the President. He/she must be a person qualified to be appointed as a Judge of the Supreme Court.

The Attorney General is responsible for giving advice to the Government of India upon such legal matters and to perform such other duties of legal character as may be referred or assigned to him/her by the President. The Attorney General has the right of audience in all Courts in India as well as the right to participate in the proceedings of the Parliament, though not to vote. The Attorney General appears on behalf of Government of India in all cases(including suits, appeals and other proceedings) in the Supreme Court in which Government of India is concerned. He/She also represents the Government of India in any reference made by the President to the Supreme Court under Article 143 of the Constitution. The Attorney General is assisted by a Solicitor General and four Additional Solicitors General. The Attorney General is to be consulted only in legal matters of real importance and only after the Ministry of Law has been consulted. All references to the Attorney General are made by the Ministry of Law. The Attorney General can accept briefs but cannot appear against the Government. He/She cannot defend an accused in the criminal proceedings and accept the directorship of a company without the permission of the Government. 


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