Legal profession in Ancient Greece: Tribium served as the foundation for ancient
schooling. Three subjects made up the majority of it: rhetoric, grammar, and
logic. The emergence of academicians with professional qualifications Sophists
made it possible for young men who wanted to go into politics to receive
training in trivium, which helped them become effective speakers. In ancient
Greece, "friends for assistance" served as advocates instead. Greeks invented
the instruments required to practice law, yet they cannot be acknowledged for
founding the legal profession as such.
Rome's Legal Profession: The Romans' adoption of a workable legal system allowed
for the development of advocacy as a profession in ancient Rome. Emperor
Claudius made lobbying a legitimate vocation. Similar to their Greek
predecessors, Roman lawyers received training in rhetoric, grammar, and logic.
The early attorneys were more consultative in character and had not had formal
legal training. Iurisconsults were developed as a result of this. The word
referred to a jurist who provided a "response," or written response, to a
question posed to them after being contacted for advice on a legal issue. It was
believed that their line of work could neither be valued or denigrated by a
monetary amount.
English legal profession: Maitland referred to the 12th century as "a legal
century." (Harold Berman, Stanford University Press, Law and Revolution) Berman
claims that Western legal education originated in the 12th century. It was a
century of incredible abruptness.
Professional courts, legislation, the legal profession, legal literature, and
the science of law have now been established in every Western nation. The legal
system that exists now in England is a result of the conflict between Henry II
and Thomas Beckett. There was conflict between secular and ecclesiastical
powers. Bars and Inns governed the legal profession and education in England.
Inns of Court served as the primary barrister training facility. Like collegiate
houses, they were private, unincorporated associations. Their location was in
London. They were granted the exclusive right to bestow the rank of "calling men
to the bar or level of a lawyer. The only institution authorized to award the
degree of Barrister at Law, which is necessary to practice as an Advocate or
Counsel in Superior Courts, is the court's inns, which are run by offices known
as Benches.
India's Legal Profession: The First British Court was founded in Bombay in 1672
by Governor Aungier, marking the beginning of the legal profession in India. The
Governor in Council had the authority to admit an attorney.
- Mayor's Court: Three Mayor's courts were formed in each of the three
presidential towns in accordance with the Charter of 1726. Being a lawyer
did not require any specific training, and the decision was made by the courts.The following were the duties of the Mayor Court:
- Establishing the regulations and designating the officers.
- The Management of Justice.
Two legal profession-related principles were established during this time:
first, the Mayor's Court established the authority to dismiss an attorney who
has committed misconduct, and second, the attorney's right to defend his
client's rights in the face of opposition from the governor or council was
upheld for attorneys in each of the Mayor's Courts.
- The Regulating Act of 1773 established three supreme courts: the Bombay
Supreme Court (1822), the Madras Supreme Court (1801), and the Calcutta
Supreme Court (1774). The qualifications for the Puisne justices and Chief Justice were
set for the first time. According to the Court's Charter, the Chief Justice and
Puisne justices must be English attorneys with at least five years of
experience. (b) rule Act of 1793: Advocates were prohibited from requesting or
accepting from their clients any payments, products, benefits, or valued
consideration in addition to authorized fees under this rule. The lawyer's
firing was the final penalty for breaking this regulation. The basis for
contemporary vakalatnama (currently outlined in Order III, Rules 2 and 4 of the
CPC, 1908) was established by Regulation of 1793. Vakeels affiliated with a
particular court were not allowed to enter pleas in any other court. Each
pleader was expected to show up for court on a regular basis and on time. It was
required to notify the court's registrar of any absences from court. An advocate
may have been fined for failing to comply. A pleader who disrespectfully
addresses the court may be fined up to Rs. 100.
- The Legal Practitioners Act of 1846 was the first Indian law pertaining
to Mofussil pleaders. All people, regardless of nationality or religion, were
welcome to apply for the position of pleader in the Company's courts. The
ability to present a case in Sadar Adalat was granted to all barristers
registered in any of Her Majesty's Courts located in India. Vakils had the
liberty to negotiate costs for their professional services with their clients.
The Legal Practitioners Act of 1853 eliminated the requirement for barristers to
be in attendance. Revenue agents, Mukhtar, and Pleader were lower-class,
non-licensed practitioners in the mofussil. Under the Agents Act XX of 1865,
they were acknowledged and placed under the jurisdiction of the courts.
- The Legal Practitioners (Women) Act, 1923 was passed in response to the prohibition of women practicing law.
- Sir Edward Chamier served as the chairman of the Chamier Committee, which was established in 1923. Four barristers, one lawyer, one citizen, and three Vakil Bar representatives made up the group. The committee considered the idea of creating an All India level Bar Council but decided it was not feasible at the moment. Nonetheless, the Committee recommended that each High Court establish a Bar Council.
- Indian Bar Councils Act, 1926: To implement the Chamier Committee's recommendations, the Central legislature passed the Indian Bar Councils Act, 1926. It allowed for the establishment of Bar Councils in some British Indian courts. Thus, the act's goals were to grant the Bars some authority and to standardize the various ranks of legal practitioners.
- All India Bar Committee, 1951: In 1951, the Indian government established a committee headed by Supreme Court Justice S.R. Das with the following objectives:
- The desirability and feasibility of a completely unified Bar for the whole of India.
- The continuation or abolition of different classes of legal practitioners, like advocates of Supreme Courts, advocates of the various High Courts, District Court, pleaders, Mukhtars etc.
- The desirability of a single Bar Council for whole of India or for each State.
- Consolidation and revision of the various enactments relating to legal practitioners.
- The Advocate Act, 1961 was passed by Parliament in order to establish the State Bar Council and the Bar Council of India on a national scale. It revokes the Legal Practitioners' Act of 1879 and the Indian Bar Council Act of 1926. The following are the duties carried out by an All India Bar Council:
- To lay down standards of professional conduct and etiquette for advocates.
- To safeguard the rights, privileges and interest of advocates.
- To promote legal education.
- To lay down standards in legal education in consultation with Universities.
- To recognize universities with degrees in law shall qualify for enrolment as an advocate and conduct inspection of universities.
- To exercise general supervision and control over State Bar Councils.
- To promote and support law reform.
- To provide Legal aid.
Further , the Act provides for disciplinary committees at a State level which
decide upon the cases of professional misconduct.
Written By: Akanksha
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