Explained: Legal practitioner status for corporate lawyers, other changes in Advocates Bill

Besides a controversial move to ban strikes by lawyers and adding government nominees to the Bar Council, there are some significant changes which finally give corporate lawyers and lawyers working in other organisations the status of being referred to as 'legal practitioners'.

What's a key proposal in the Bill?

The Bill proposes that changing the definition of a ‘legal practitioner’ to bring in legal professionals who are not practicising advocates. What the Bill says is this: "Besides advocates and law graduates engaged in the practice of law before courts, tribunals or quasi judicial forums, people doing legal work in any private or public organisation including but not limited to statutory and autonomous bodies, domestic and foreign law firms and corporate entities" will be known as legal practitioners.

Notably, law graduates can also be referred to as legal practitioners under this definition.

Also read: Prez Murmu backs network of female advocates, law students to prevent crimes against women

What was the situation earlier?

Earlier, corporate lawyers and those working with foreign or domestic law firms or any other organisations were not recognised as legal practitioners. There was a long-standing demand to change this.

Also, law graduates who are not yet enrolled as advocates were not known as legal practitioners.

How does the new definition help?

In effect, the proposed definition has broadened the scope of "practice of law" to include "doing legal work" in a wide range of organisations. It does not have to mean that a person who works in a court or makes appearances in court is a legal practitioner. This new bill makes it more democractic and also recognises the participation of law graduates in various legal capacities.

Moreover, it also simplifies the term "advocate" by not including under it specific roles such as vakil, pleader, mukhtar, and revenue agent. Either these older designations are being phased out or subsumed under the broader term "advocate".

Also read: SC rejects plea on lawyers' senior designation, says gowns don’t ensure better treatment

What is another change involving law graduates?

Another significant change is in the definition of a law graduate. Now, a law graduate can be a person who has a bachelor’s degree in law for a period of three or five years from any legal education center or University established by law or a college affiliated to any university and recognised by Bar Council of India.

Currently, the practice is to define a law graduate as anyone who obtains a bachelor’s law degree from any university established by law in India.

This means that individuals can now graduate from any legal education centre as well as an university, as long as it is recognised by the Bar Council of India.

What's the new provision on experience certificates?

To ensure more accountability, experience certificates are being introduced in this bill. These certificates should be issued by state bar councils, bar associations, courts, tribunals, quasi-judicial forums, or private and public organisations, which can include law firms and corporate entities. These certificates will serve as proof of legal practice.

What are other amendments that has caused a stir?

One that has raised eyebrows is that the central government will nominate three members to the Bar Council of India.

Secondly, a new Section 35A has been introduced which bans boycotts and abstention from the Court's work. Lawyers who violate this will be charged for 'misconduct and will be liable for disciplinary action" under the Act and regulations. However, it does provide an exception and says that strikes can be held to protest against professional conduct, working conditions, or administrative matters. They may be more symbolic or one-day token strikes and do not disrupt court proceedings or violate clients’ rights.

Thirdly, the central Government now has the power to make rules governing the entry of foreign law firms or foreign lawyers in India.