Who is Advocate? Who is Advocate on Record? Who is Amicus Curiae? Who is Senior Advocate? How much fee an Advocate can charge?

 

Who is Advocate?

Advocate is a person authorized to appear in a litigation on behalf of a party. An advocate should possess a law degree and is enrolled with a Bar Council, as prescribed by the Advocates Act, 1961. Advocates are the only class of persons legally entitled to practice law. Advocates provide legal advice to the clients. After being authorized to appear in a case by a client who has signed a vakalatnama, advocates prepare cases and argue them in Court. In the Bombay and Calcutta High Courts there is a separate class of legal practitioners, known as solicitors, who prepare the case, but do not argue in Court. When appearing in a courtroom, an advocate usually dresses in black and white, and wears a band and gown. Any complaint against an advocate is made to the Bar Council of India. See junior advocate, advocate-on-record, senior advocate, amicus curiae, vakalath.

Who is Advocate-on-record (AOR)? What are the qualifications?

Advocate on record is an advocate who has passed a qualifying examination conducted by the Supreme Court of India. The examination is taken by an advocate who has been enrolled with a Bar Council for at least five years and has completed one year training with an Advocate On Record of not less than five years standing. Only an AOR can file a vakalath, a petition, an affidavit or any other application on behalf of a party in the Supreme Court. All the procedural aspects of a case are dealt with by the AOR, with the assistance of a registered clerk. It is the AOR''s name that appears on the cause list. The AOR is held accountable, by the Court, for the conduct of the case. Any notices and correspondence from the Court are sent to the AOR, and not to the party.

Who is Amicus curiae?

Amicus curiae is the word translated from the Latin as ’friend of the Court’. An advocate appears in this capacity when asked to help with the case by the Court or on volunteering services to the Court.

Who is Senior Advocate?

Senior Advocate is an advocate who has been designated as such by either the Supreme Court or the High Court. A Senior Advocate cannot file a vakalathnama, appear in the Court without another advocate or advocate-on-record, cannot directly accept an engagement to appear in a case or draft pleadings. A senior advocate argues cases in Court upon instructions from another advocate. Senior advocates wear gowns that have flaps on the shoulders.

How to fix Advocate's fees?

Fee charged for Advocates for the various tasks performed is not standardized. Some advocates charge a lump sum amount for dealing with an entire case, others charge separate fees for each task - e.g., drafting, filing, legal advice, arguing. Senior advocates generally charge a separate fee for every hearing. In the majority of Public Interest Litigation cases, these fees have been waived by the advocates. When appearing on behalf of a legal aid committee, an advocate receives expenses and nominal fees, at no cost to the party. In some Public Interest Litigation cases the Court has awarded costs to the party.

What is Special Leave Petition (SLP) in India? What are the conditions to present it? Who can file SLP? What are the Contents of Special Leave Petition? What is the time limit to file SLP?

What is Public Interest Litigation (PIL) under Article 32 in India? Who can file PIL in India? Guidelines to file PIL? What are the conditions? How to file Public Interest Litigation under Article 32 of Indian Constitution? Which are the cases cannot be filed as PIL?

What is Writ? What is Writ Petition? Writ Where to be filed? What are the type of Writs? Writ of Habeas Corpus, Mandamus, Certiorari, Prohibition. How to file a Writ Petition?

What is Admission of a case in the Court? What is the meaning of admission in legal terms? What is adversarial Procedure? What is Inquisitorial Proceedings?

Who is Advocate? Who is Advocate on Record? Who is Amicus Curiae? Who is Senior Advocate? How much fee an Advocate can charge?

What is the meaning of Affidavit? What is Counter Affidavit? What is the meaning of rejoinder affidavit?

What is the meaning of Audi Alteram Partem in legal terms? Hear the other side. Give opportunity to all the persons involved in a case to present their version with evidence.

Meaning of Legal Terms

 

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