INTRODUCTION OF THE ADVOCATE ON RECORD SYSTEM

The Advocate on Record system was introduced during the British colonial period in India, following the establishment of the Supreme Court of Calcutta in 1774. The system aimed to streamline legal proceedings and ensure that cases were properly documented and filed.

NEED(ROLE) OF AN ADVOCATE ON RECORD

An Advocate on Record is a legal practitioner who has been enrolled and registered with the Supreme Court of India. Their primary responsibility is to file and manage cases on behalf of their clients in the Supreme Court. They are the only individuals allowed to file and manage cases in the Supreme Court and are responsible for drafting and filing petitions, pleadings, and other legal documents.

QUALIFICATIONS

To become an Advocate on Record, one must meet certain qualifications and undergo specific training. This includes a minimum period of legal practice, successful completion of the Advocate on Record examination, and enrollment with the Supreme Court Bar Association.

1. Enrollment as an Advocate: To become an Advocate on Record, you must first be enrolled as an advocate with a State Bar Council in India. This means you need to complete your LL.B. degree from a recognized law college and pass the All-India Bar Examination (AIBE) conducted by the Bar Council of India (BCI).   

2. Experience: After enrolling as an advocate, you need to gain experience by practising law for a minimum period, which is typically four years. During this period, you can work with senior advocates or law firms to gain practical experience in legal matters.

3. Training: Advocates who aspire to become Advocates on Record must undergo specific training as prescribed by the Supreme Court of India. This training usually involves a period of practical training or apprenticeship under a senior Advocate on Record.

4. Passing the Examination: After the training period, you must pass the Advocate-on-Record Examination conducted by the Supreme Court of India. This examination tests your knowledge of the procedural laws, drafting skills, and other aspects relevant to Supreme Court practice.

5. Registration: Once you have passed the examination, you can apply for registration as an Advocate on Record with the Supreme Court of India. Your name will then be entered in the roll of Advocates on Record maintained by the Supreme Court.

6. Chamber Requirement: Advocates on Record must maintain chambers in Delhi, preferably within a specified radius of the Supreme Court premises, to facilitate their practice in the court.

Note:- These eligibility criteria and requirements may change over time, and it is essential to check with the Supreme Court of India or the relevant authorities for the most up-to-date information if you are considering pursuing a career as an Advocate on Record. Additionally, the rules and regulations governing the legal profession can be subject to amendments and updates by the Bar Council of India and the Supreme Court.

PRIVILEGES AND RESPONSIBILITIES

1. Right to Appear: AORs have the right to appear and argue cases before the Supreme Court of India. This is a prestigious privilege and allows them to represent clients directly in the country's highest court.

2. Filing Petitions: AORs are authorised to file petitions, appeals, and other legal documents directly with the Supreme Court. This is an essential function, as all filings in the Supreme Court must be made through an AOR.

3. Access to Court Records: AORs have easier access to court records and documents, which can be crucial for researching cases and preparing legal arguments.

4. Higher Earning Potential: Being an AOR often brings higher earning potential due to the complex and high-profile cases that are typically handled in the Supreme Court.

5. Enhanced Reputation: Achieving the status of AOR enhances a lawyer's professional reputation and can lead to more clients seeking their services for Supreme Court matters.

6. Network Building: AORs often have the opportunity to build a strong network within the legal community, including other AORs, judges, and legal professionals. This can be beneficial for career growth and collaboration.

7. Contribution to Legal Advocacy: AORs play a vital role in shaping legal advocacy in India by participating in important cases and contributing to the development of jurisprudence.

8. Specialisation: Many AORs choose to specialise in specific areas of law, such as constitutional law, criminal law, or corporate law, allowing them to become experts in their chosen field.

9. Professional Development: The process of becoming an AOR involves rigorous training and examination, which contributes to a lawyer's professional development and legal knowledge.

REPRESENTATION IN THE SUPREME COURT

 In India, litigants are required to engage an Advocate on Record to represent them in the Supreme Court. Even though clients may have senior advocates or lawyers arguing their case before the Supreme Court, the actual filing and management of the case are handled by the Advocate on Record.

SIGNIFICANCE

The Advocate on Record system ensures that cases filed in the Supreme Court are in proper form and comply with the court's procedural requirements. This helps maintain the efficiency and integrity of the judicial process.

CHANGES AND MODERNIZATION

Over the years, there have been efforts to modernise and digitise the Advocate on Record system to make it more efficient. The Supreme Court has introduced e-filing and other technological advancements to streamline the process further.

CHALLENGES AND CRITICISMS

While the Advocate on Record system serves an essential role in the Indian legal system, it has also faced criticism for certain barriers to entry and alleged inefficiencies. Some argue that it may create an additional layer of bureaucracy in the legal process.

1. Disqualification: The disqualification of an advocate on record typically occurs when a lawyer, who has been designated as an advocate on record, fails to meet certain professional or ethical standards required by the legal profession or engages in conduct that is considered unacceptable. The specific grounds and procedures for disqualification can vary by jurisdiction, but here are some common reasons why an advocate on record may be disqualified:

2. Professional Misconduct: Advocates on record are expected to adhere to a high standard of professional conduct. Any instance of professional misconduct, such as dishonesty, unethical behaviour, or violation of professional rules and regulations, can lead to disqualification.

3. Conflict of Interest: Advocates on record must avoid conflicts of interest that could compromise their ability to represent their clients effectively and impartially. If an advocate on record is found to have a conflict of interest that they have not properly addressed, they may be disqualified from representing a client in a particular case.

4. Failure to Meet Educational or Licensing Requirements: To become an advocate on record, a lawyer often needs to meet specific educational and licensing requirements. If they fail to maintain these qualifications or engage in activities that jeopardise their standing as a legal practitioner, they may be disqualified.

5. Incompetence or Negligence: If an advocate on record is repeatedly incompetent or negligent in their legal representation, it can lead to disqualification. Clients have the right to expect competent legal assistance, and consistently failing to meet this standard can result in professional consequences.

6. Criminal Convictions: Serious criminal convictions can lead to disqualification from the legal profession, including the status of an advocate on record. The nature and severity of the crime can impact the decision.

7. Violation of Court Orders: If an advocate on record violates court orders or fails to comply with court directives, they may face disqualification. Courts expect lawyers to adhere to their orders and maintain the integrity of the legal process.

8. Contempt of Court: Engaging in contemptuous behaviour towards the court, judges, or court officials can result in disqualification. Contemptuous conduct includes disrespectful or disruptive behaviour during court proceedings.

The process for disqualifying an advocate on record typically involves a formal complaint, investigation, and a disciplinary hearing conducted by the appropriate legal authority or bar association. The outcome of the hearing can range from a warning or suspension to permanent disqualification from practising law.

CONCLUSION

The Advocate on Record system is a unique feature of the Indian legal system, particularly within the context of the Supreme Court. It was introduced to ensure proper representation and documentation of cases before the highest court in the country, and it continues to play a significant role in the administration of justice in India.