Senior advocates and Restrictions of Senior Advocates.

Admission as Senior Advocates -

   According to Sec.16 of Advocate Act ,1961-
      
      1) There shall be two classes of Advocates, namely , Senior Advocates and Other Advocates.

      2) An Advocate may, with his consent, be designated as senior advocate if the Supreme court or A High court is of opinion that by virtue of his ability, standing at the Bar or special knowledge of experience in law he is deserving of such distinction.

      3) Senior Advocate shall, in the matter of their practice , be subject to such restrictions as the Bar Council of India may, in the interest of the legal profession, prescribe.

      4) An Advocate of the supreme court who was a senior advocate of the court immediately before the appointed day shall, for the purposes of the section, be deemed to be a senior Advocate.

    Provided that were any such senior advocate makes an application before 31 of December,1965 to the Bar council maintaining the role in which his name has been entered that he does not desire to continue as a senior advocate , The Bar Council may grant the application and the role shall be altered accordingly.


  Designate an advocate as a senior advocate means recognition of his professional skill ,long standing in the bar, experience and services rendered to the society. An advocate can be called as senior advocate on the basis of  his -
                  (a) ability ;
                  (b)long standing at the bar ;
                  (c) his special knowledge or experience in law ;
                  (d) confirmation by the supreme court or high court.

Restrictions on senior Advocates U/S49 (1)(G) -

               Under section 49 (1)(g), The Bar council made rules restricting in the matter of parties to which senior advocates shall be subjected in chapter I of  part VI of the bar council Of India thus :

      Senior Advocate shall, in  the matter of their practice of the profession of law mentioned in sectioned in section 30. of the Act be subject to the following restrictions-

First lets see what is Section 30 of the Advocate Act, 1961-
                            Sec.30 of the advocate Act 1961 says . Subject to the provisions of this Act , every advocate whose name is entered in the state roll  shall be entitled as of right to practice throughout the territories to which this act extends-

        1) In all courts including the Supreme court .
        2) Before any tribunal or person legally  authorised  to  take evidence;
        3) Before any other authority or person before whom such advocate is by under any law for the being in force entitle to practice

Restrictions on senior Advocates -

             
      a) A senior advocate shall not file a vakalatnama or act in any court , or tribunal , or before any person or other authority mentioned in section 30 of the act .

      b) (i) A senior advocate shall not appear without an advocate on on record in the supreme court without an advocate an advocate of the state roll in any court or any tribunal or before any person or other authorities mentioned in section 30 of the act.

         (ii) where a senior advocate has been engaged prior to the coming into force of the rule in this chapter shall not continue thereafter unless an advocate in Part II of the state roll is engaged along with him:


      c) He shall not accept instruction to draft pleading or affidavit , advice on evidence or to do any drafting work of an analogous kind in any court or tribunal , or before any person or authority mentioned in the  section .30 of the act or undertake conveyancing work of any kind whatsoever. This restriction however shall not extend to settling  any such matter as aforesaid in consultation with an advocate in Part-II of                   t state roll.

      cc) A Senior advocate shall, however, be free to make connections or give undertaking in the course of arguments on behalf of his clients on instructions from the junior advocates.


        d) He shall not accept directly from a client any brief or instructions to appear in any court or tribunal , or before any person or any other authority in India.

         e) S senior advocate who had acted as an advocate (junior) in a case, shall not after he has been designated as a senior advocate advice on grounds of appeal in a court of appeal in a court of appeal or in the supreme court , except with an advocate as aforesaid.


         f) 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 consider reasonable.