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Council plea on law officers' appointment

By Our Staff Reporter

KOCHI, SEPT. 12. The Bar Council of Kerala today urged the Government to obtain its clearance before appointing a lawyer as law officer.

In a letter sent to the Law Secretary, the Bar Council secretary, N.S. Gopakumar, urged the Government to ascertain from the council whether the names of the candidates for appointment as law officer had been on the roll of the council and whether any disciplinary proceedings were pending against them. The letter said that this was to ensure that the erring lawyers did not escape the proceedings being initiated against them for misconduct.

The letter said the council occasionally received complaints of professional and other misconduct from the lawyers. It sometimes happened that when the Council sent notices, the lawyer concerned took the defence that they were not on the roll of the Council. In fact, the Council had diplomacy jurisdiction only over lawyers who had been enrolled with the Council. Thus, the erring lawyers tried to escape the disciplinary proceedings for the time being.

The secretary also pointed out that as per the rules framed by the Kerala High Court under Section 34(1) of the Advocates Act, 1961, a lawyer, who was not on the roll of the Council concerned shall not appear in such courts located in the State concerned unless he filed "an appointment" along with a practising lawyer who was on the roll of the Council. As per the Bar Council of India Rules, every lawyer should see to it that his name appeared on the roll of the Council within the jurisdiction of the council he ordinarily practiced. If a lawyer chose to practice in a State other than the one he/she was enrolled, he/she shall get his name transferred to the State where he/she intended to practice within six months of his/her enrolment.

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