Kerala   

Plea against entry of foreign lawyers

KOCHI: The Bar Council of India and the representatives of the State Bar Councils will request the government not to open up the Indian legal profession to foreign lawyers and law firms now.

They will also request for amending the Advocates Act of 1961, to fix the upper age limit for enrolment as lawyers at 40 years and to provide for mandatory six-month pre-enrolment training programme for law graduates who want to enrol as advocates.

They would also demand that the ‘maladies’ in the present system of arbitration be rectified. Expressing deep concern at advocates migrating to other professions, they wanted the Centre to amend the Advocates Act for periodic renewal of enrolment and re-registration, every five years.

These were among the crucial points stressed at a resolution passed at the conclusion of the two-day-long interactive conference of representatives of the Bar Council of India and the State Bar Councils on Sunday evening in Kochi.

The delegates authorised the Bar Council to interact with the Centre, represented by the Ministry of Law and Justice and the Ministry of Trade and Commerce.

They protested against the Centre for filing a counter affidavit in the Mumbai High Court stating that the Advocates Act has nothing to do with foreign lawyers practising in India.

The representatives demanded that arbitration proceedings be institutionalised, by amending the Arbitration and Conciliation Act, 1996, to fix the fee, venue, number of sittings etc., and to enlist competent advocates as arbitrators, mediators and conciliators. The aim would be to ensure active participation of the Bar and the Bench in the effective, less expensive and speedy implementation of the alternative dispute resolution system.

They demanded implementation of a uniform scheme of the advocates’ welfare fund throughout the country. The conference also resolved to amend the rules of professional conduct and ethics to permit advocates to provide information through website details like their qualification, standing at the Bar and special area of focus. Yet another demand was to enhance the time provided in the Advocates Act in respect to complaints and disciplinary proceedings against lawyers.

V. Giri, Judge, High Court of Kerala, was the chief guest at the valedictory session. S. Gopakumaran Nair, Chairman, Bar Council of India, also spoke at the function.

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