Thread by @barandbench

Society of Indian Law Firms (SILF) commemorates 60 years of the Advocates Act, 1961 in a virtual event.

Senior Advocate Fail S Nariman to speak as Chief Guest.

Other speakers: Solicitor General Tushar Mehta, BCI Chairman Manan Kumar Mishra, and SCBA President Vikas Singh

The virtual event begins with an address by SILF President Lalit Bhasin.

Bhasin: The role of the legal profession is a very pivotal role... the system of administration of justice particularly revolves around the legal profession.

Bhasin: We are indeed grateful to Mr. Fali Nariman, living legend of law, has agreed to be the Chief Guest today.

Bhasin: ... possible most of you know that Mr. Nariman began his law practice in 1950, the day our Constitution was born, and he has completed 70 years.

He had already put in 11 years of practice when the Advocates Act came in.

Bhasin: So no one could be better than Mr Nariman to share his thoughts... on what he has experiences under the Advocates Act.

Bhasin welcomes other speakers and dignitaries to the event.

Bhasin says that topics of discussion may include legal education, prohibition of practice of law by non-lawyers ("what chartered accountants are trying to do"), regulatory framework if foreign law firms are allowed to practice law, etc. which emerge out of Advocates' Act

Bhasin notes that issue of entry of foreign law firms into India is not up to Court, that Indian lawyers are not opposed to the entry of foreign law firms

Bhasin adds that Indian lawyers are competent to face foreign law firms and it may lead to healthy competition, but Parliament would have to bring in law on the issue

Senior Advocate Fali Nariman begins address by referring to advent of virtual meetings

He adds: Every ultra-modern invention may have drawbacks. It has introduced a new phenomenon known as zoom fatigue.

Nariman: I must endeavor to condense my remarks within the stipulated period of time not forgetting what Rabindranath Tagore said in his poem Geethanjali that a butterfly has not months, but moments to live, but it has enough time

Nariman on the Advocates' Act, 1961: It was a good Act when it was enacted, except that it introduced a caste system among practicing lawyers. It recognizes two distinguished classes of lawyers - senior advocates and others. It was mirrored on the practice in England and Wales.

Nariman: Fast forward 60 years. With the complete disintegration of the British empire, we need not mirror our profession on the British Empire

He adds that this system has led to heartburning and legitimate disappointment especially among young, enthusiastic lawyers

Fali Nariman opines that Section 16 (2) of the Advocates Act, which classifies between senior advocates and others, offends Article 14 of the Constitution.

Nariman: ... there is no objective criteria... It has not been successful or very practical in practice.

Nariman says that there have been instances of people being designated as senior advocates although they did not deserve it, and more pertinently, young lawyers of integrity and ability are overlooked for promotion as senior advocates.

Nariman: In my view, Section 16 (2) is now an anachronism and must be deleted. Let us have only one class of advocates which is a uniform system adopted in the USA for more than 200 years.

If for any reason it is felt that distinction between senior and junior advocates should remain, Section 16 (2) must be reworded so seniority in the legal profession should be based on a number of years, not the majority view of judges, Nariman adds.

Nariman: It is fitting that we insist that not only gender-neutral language be used in speech but it must now be used in statutes as well.

Nariman: The practice of law is a privilege... We can only earn it if we continue to remain efficient and proficient.

Nariman: .. many reasonable, intelligent people go to advocates with about the same hesitation ...They go only because they have to go. They believe that the legal profession is no longer proficient, lacks integrity, far too costly, does little to serve 'we the people'

Nariman says lawyers tend to forget that they should be "healers of conflicts".

Nariman: We, advocates, need to cultivate this healing thought.

Nariman notes that a part of the reason why lawyers continue to be approached is because modern lawmakers don't have time to think, make complicated laws.

Nariman: ...Complicated law is now a brand new challenge for lawyers, an incentive to be better equipped than before.

If the legal profession is to survive in Inda "we must all awaken to the realization that those who need our help and tap our competence must not find us wanting."

Senior Advocate Fali Nariman concludes his address.

Bhasin thanks Nariman for his address.

Bhasin adds: The Indian legal profession is second to none in the world. We have seen the growth of law firms in this country, they are very competent.

Bhasin: There is no caste system, as far as law firms are concerned. Most law firms are headed by young people and they are doing a commendable job.

Bhasin invites SCBA President, Senior Advocate Vikas Singh to speak.

Vikas Singh commences his address.

@vikassinghSrAdv

Singh: To say that the Advocates' Act is 60 years, is a paradox ... I'd like to give a brief outline of how this Act came to be passed by the Parliament... always a daunting task to speak after someone like Nariman...but I will still try my best.

@vikassinghSrAdv

Singh traces the history of the Advocates Act, 1961

The makers of the Act knew that the provisions of the Act would shape the experience and stability of the legal profession in the years to come, Singh notes.

Although the Advocates Act was notified on 19th May 1961, a number of its provision was only notified at later dates, Singh notes.

Section 29 (Advocates to be the only recognized class of persons entitled to practice law) was notified only in 1969, Singh notes.

Similarly, Ss 30, 33 of the Act were notified later, he notes.

Singh: Sec 30, which was really the heart and soul of the Act... was notified 50 years after the Act was passed by Parliament. That is why I was wondering if we can genuinely say it has been 60 years

(S. 30 deals with right of advocates to practice in all courts, tribunals etc.)

On allowing foreign lawyers to practice in India:

Most Western Jurisdictions allow lawyers to openly advertise, Singh observes.

All these being barred in India, it would create a very unequal field between professionals in India and professionals from abroad, he adds.

The debate will be larger and it will be to open up Indian lawyers to the same level of freedom that foreign lawyers have before allowing them to practice in India, Singh notes.

Singh: I don't see why women have not been able to do as well as in this profession when in every other profession they are doing equally, if not better

Singh: This is a profession that requires analytical ability, reading, etc... I don't see why women lawyers have not done well

Mindest has to be changed for encouraging women layers to come and giving them opportunities, he adds.

Singh: Women at the cutting edge of their career - the first few years, the most difficult years - have to grapple with issues like marriage, childbirth, maintaining the family.

Singh: It is probably because of that... they (women) somehow do not continue in this profession with the same amount of vigor ...

Singh:... that is where the mindset needs to change and that is where seniors need to change the mindset and encourage women to come back to the profession and give them the same kind of status that they enjoyed prior to their break

Singh: The other way gender disparity can be looked at would be by appointing more and more women lawyers as judges. ... If extra effort is made to make more women as judges, that would be a huge encouraging factor for women to stay on in the profession

Singh: That would also address the gender disparity in the bench... the percentage of women judges is abysmal, hardly 15% or so, which needs to be immediately corrected. Today there are about 40% of vacancies... if we can make efforts to fill at least half with women...

Singh also notes that Justice RF Nariman had also opined that there should be a woman Chief Justice of India and endorses the view.

I hope that we would soon have an appointment of a lady judge to the supreme Corut who would be in line to be the CJI, Singh says.

Singh agrees with views expressed by Senior Advocate Fali Nariman that there should not be a caste system (between senior advocates and other advocates) and that senior advocate designation should be determined by the number of years of practice rather than voting by judges.

Singh notes that a large number of senior and deserving lawyers are not being able to be designated as senior advocates either because they could not muster the votes or because they practice in several courts.

Singh agrees that Senior Advocate designation should come automatically depending on the number of years of practice, provided that the lawyer is interested in it.

Singh conlcudes.

Bar Association of India President, Prashant Kumar begins his address.

Kumar recalls the words of MC Setalvad, former President of the Bar Association of India, on the occasion of the establishment of the Bar Association of India and the ideals that lawyers should commit to.

Kumar: I took the office in Sept 2020. We have been under a pandemic. We took a conscious decision that this is not the time for debate, but to build foundations ... so it can support...

The focus now is on strengthening internal structures of the Bar Association, he adds.

Kumar notes that the Bar Association of India movement now has participants in every single corner in India.

Kumar concludes.

Bhasin thanks Kumar for his address, notes that Kumar has rightly pointed out that the two important wings of the profession i.e. the litigation side and the corporate side can work together to achieve common goals.

Bhasin invites Senior Advocate Amarjit Singh Chandhiok to speak next.

Chandhiok commences his address: I want to start with something before we come to the Advocates' Act. Standards of legal education

Chandhiok: We have found law colleges have mushroomed left, right and center. In Greater Noida, there are 41 law schools today. I am sorry to say that many of them do not have full faculty of law...

Chandhiok says that BCI should look into how do we make the foundation of youngsters extremely strong, so the building that comes up in the future is strong, to shape lawyers who meet the challenges of the times.

Chandhiok agrees with earlier views expressed on senior designation of lawyers; says that instead of objective criteria, SC laid down tests for lawyers and High Courts have framed rules as if lawyers have to pass a graduation test to be designated.

Chandhiok: This is Supreme Court's total disservice to the cause of justice and the legal profession. They should have laid down guidelines.

Chandhiok: I give the example of Delhi. It took three years to recommend, and there is a lot of heartburn because some who have done well are left out and those who have done nothing have been recommended.

Chandhiok speaks on entry of foreign law firms to India: The first step should be reciprocity... the second part, is that they (foreign lawyers) should come as equity owners in existing law firms so that they are also subjected to Indian laws.

These are issues to look at even before we decide how to regulate the entry of foreign law firms, Chandhiok says.

He adds that he agrees with Lalit Bhasin that Indian lawyers are competent enough to face the competition.

Chandhiok observes that more women lawyers are practicing now. Also notes that Justice Sunanda Bhandare could have been the first Chief Justice of India (had it not been for her untimely demise).

Chandhiok speaks on mediation, also speaks on role of lawyers as healers of conflicts.

Chandhiok: Time has come when leaders (of the Bar) must take upon themselves to end conflicts and bring resolution of conflicts.

Chandhiok concludes. Bhasin thanks him for the address.

Manoj Singh, Founding Partner of Singh & Associates is now speaking.

The event is also being streamed live on YouTube, to watch, click link below: