TITLE

The role of Senior Advocate and restrictions imposed on them under

the Advocates Act, 1961 in the Supreme Court of Indian Rules

The PRIMARY REASON TO CHOSE THIS PARTICULAR TOPIC

 Professional Ethics is a very interesting subject and it also helps us to learn

about the basic ethic about lawyers and advocates also rules created by the Bar
Council of India.

 The bar council of India has framed some particular rules regarding putting
restrictions on senior advocates as it is thought necessary in the interests of
legal profession and to take up other employments by the Advocates.

OBJECTIVE OF THE PROJECT

 The main objective of this project is to analyze about the restrictions on senior
advocates and other advocates to take up employment , as a legal practioner ,
while he is on the roll of high court , he is not entitled to enter into any
business or service without permission of the court and if he does then
disciplinary action may taken against that person

 The analyze also give clear picture about the other advocates restricted to take
up other employment provided under rules 47 -52 of section VII of Bar
Council of India rules which deals with restriction considered as a general
etiquette the part of lawyers as the profession of law is a noble profession and
requires full time dedication and not indulge in any business not be a
managing director or full time employment anywhere

WORKING METHODOLOGY (glimpse)

 The Senior Advocate as mentioned in section 30 of the advocates act,1961 are

subject to some restrictions under the powers provided under rule 16 (3) and
49 (1) (g) of the act and part IV of the Bar Council of India Rules deals with
the Rule governing Advocates that deals with the restrictions imposed on
Senior Advocated that they shall not file any vakalatnama or any act in any
Court, Tribunal , or before any person or other Authority

 That they shall not appear without an Advocate in Part II of the State Roll in
any court, or tribunal, or before any person or other authorities, 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.

 They shall not accept directly from a client any brief or instructions to appear
in any Court or Tribunal ,who had acted as an Advocate (Junior) in a case,
shall not after he has been designated as a Senior Advocate advise on grounds
 of appeal in a Court of Appeal or in the Supreme Court, except with an
advocate as aforesaid.

 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.

CASE LAWS

o Ram Sagar Shukla v U.P Textile Printing Corporation Ltd (AIR 2004 All 209)
o V.G Tamaskar vs High Court of Chattisgarh & others (AIR 2006 Chh 153)

QUESTIONS COVERED
1. Whether Senior Advocate could be engaged by client on
Vakalatnama?

2. Whether a Senior Advocate could directly receive instruction from

the client directly / party ?

3. Whether the present application of restoration could be filed for

and on behalf of Senior Advocate and on the signature of the
Senior Advocate ?

CONCLUSION
 Senior Advocates are designated as such by the Supreme Court of India or by
any High Court. The Court can designate any advocate, with his consent, as
Senior Advocate if in its opinion by virtue of his ability and standing at the
Bar or special knowledge or experience in law, the said advocate is deserving
of such distinction.

 A Senior Advocate is not entitled to appear without an Advocate-on-Record in

the Supreme Court or without a junior in any other court or tribunal in India.

 He is also not entitled to accept instructions to draw pleadings or affidavits,

advise on evidence or do any drafting work of an analogous kind in any court
or tribunal in India or undertake conveyancing work of any kind whatsoever,
but this prohibition shall not extend to settling any such matter as aforesaid in
consultation with a junior.