Section 29 of the Advocates Act, 1961 provides that "subject to the provisions of this Act and any rules made thereunder, there shall, as from the appointed day, be only one class of persons entitled to practise the profession of law, namely advocates." 9. [16] Prahlad Saran Gupta v. Bar Council of India, AIR 1997 SC 1338. may be made, Section 26 : Disposal of an application for admission as an : Transfer of name from one State roll to another, Section 19 34(1) the courts have negligently laid down that the words ‘laying down the conditions subject to which an advocate shall be permitted to practice’ under Sec. Interpretation In this Act, unless the context otherwise requires— “advocate” means any person whose name is duly entered upon the Roll of Advocates or upon the Roll of Advocates having the rank of Senior Counsel and, for the purposes of Part IX, includes any person mentioned in section 10; The enactment of the Advocates Act, 1961 was the consequences changes to the legal profession after Independence. https://indiankanoon.org/doc/510150/#:~:text=33.,an%20advocate%20under%20this%20Act. in the preamble ..... the profession of law. Section 29 of the Advocate Act, 1961, lays down provisions that "the Advocates are the only recognized class of persons entitled to practice law". 16 Advocates 7 [Issue 1] CHAPTER 16 ADVOCATES ACT [Date of assent: 13th December, 1989. [13] Noratanmal Chouraria v. M R Murli & Anr., AIR 2004 SC 2440. [14] Indulging in practices of corrupting the judiciary or offering bribe to the Judge [15] ; retaining money deposited with the advocate for the decree-holder even after execution proceedings [16] ; scandalizing the Judges [17] ; constant abstention from the conducting of cases; misappropriation of the amount paid [18] ; attesting forged affidavit [19] ; failure to attend trial after accepting the brief [20] ; taking money from client in the name of the Judge[21]; gross negligence involving moral turpitude [22] ; indecent cross examination[23]; breach of trust[24]; conducting fraud and forgery[25] by the advocates, have been held to be serious misconduct by the Supreme Court. He is also duty bound to not be a party to stir up or instigate litigation. advocates. The Advocates Act, 1961, which received the assent of the President of India on the 19th of May, 1961, extends to the whole of India, except the State of Jammu and Kashmir. An advocate shall not solicit work or advertise in any manner. So, as per Section 32 of the Advocates Act, 1961; a person who has not been enrolled under the Advocates Act 1961 has the liberty to appear before the Court but only on the ground that the Court allows  him to do so.[6]. An advocate should not charge for his services depending on the attainment of success of the matter undertaken. “The expression ‘to practice the profession of law’ in section 29 of the 1961 Act is wide enough to cover the persons practicing in litigious matters as well as persons practicing in non litigious matters and, therefore, to practice in non litigious matters in India, the respondents were bound to follow the provisions contained in the 1961 Act.” Section 31 - Special Power of Attorney (Repealed) Section 32 : Power of court to permit appearances in particular cases. An advocate should, at the commencement of his engagement and during the continuance thereof, make all such full and frank disclosure to his client relating to his connection with the parties. An advocate shall not negotiate directly with opposing party by any means of communication or negotiate or call for settlement upon the subject matter of differences. An advocate should not disgracefully damage the character of the parties on false grounds during pleadings. Section 29 - Advocates to be the only recognized class of persons entitled to practice law-. For the purpose of any action or legal proceedings in which advocate is engaged by client he shall not lend money to such client. The legal profession is required to look after the moral standards. The act has endured several amendments since its enactment in 1961. Section 29 of the Advocates Act, 1961 provides that “subject to the provisions of this Act and any rules made thereunder, there shall, as from the appointed day, be only one class of persons entitled to practise the profession of law, namely advocates.” He has a duty not divert any part of the amounts received for expenses as fees without written instruction from the client. Advocates have a duty to uphold the integrity of the profession and to discourage corruption so that justice may be secured by the citizenry in a legal manner.[12]. Having gone through varied enactments, judgments and cases that have been referred the author suggests that there must be various career conveyance and advancement programs conducted by the Bar Council promptly after enrolment so that new legal professionals they will be aware of the do’s and don’ts of this profession and there will be a greater degree of group of advocates in the coming decennary. State roll, Section 24A : Disqualification for enrolment, Section 25 : Authority to whom applications for enrolment The advocate has a duty that he must without any delay intimate the client of the fact of such receipt if any amount is received or given to him on behalf of his client. The Administration of justice advocate ’ s authorized agent duty and commitment towards court... The accused on false grounds during pleadings exclusive right and precludes all persons than.... ) court towards his profession and to the norms of profession which make him worthy an... It would be depressive to the guilt of the Advocates Act has endured several amendments since its enactment in.! In an illegal or improper manner towards the court in the Administration of justice client he shall solicit. Purpose of any action or legal proceedings in a manner that it does not to. Air 1999 SC 916 At the end of a crime regardless of his client inspected. 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