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How to Name Legal Professionals in India And England?

 How to Name Legal Professionals in India And England?

By Nemi Bhavsar

Advocates & Lawyers in India:

In India, the phrases lawyers and advocates are used interchangeably to refer to legal practitioners. In general usage, there is no bar with using these terms interchangeably.


Lawyer:

A lawyer is a person who practices or studies law, according to the definition. Lawyers in India are graduates who have completed law school but have not yet registered with the Bar Council of India.


Advocate:

An advocate in India is a professional who has finished a law degree and passed the All India Bar Council's license examination. "Advocate" is defined under Section 2(1)(a) of the Advocates Act 1961. The term "Advocate" is defined under the Act as "any advocate listed in any roll under the Advocate Act 1961.


Unless otherwise barred by a statute, the Advocates/lawyers enrolled at the bar can Practice different streams of laws:

The corporate lawyers usually practice in Banking Lawyers, GST Lawyers, Arbitration Lawyers, Lawyers practicing in the area of Securities Exchange Board of India (SEBI), Industrial Projects & Infrastructure Lawyers, Income Tax Lawyers, Mergers & Acquisitions Lawyers, Real Estate Regulatory Authority Lawyers, Insolvency & Bankruptcy Lawyers, Intellectual Property lawyers: Trademarks, Copyrights, and Patents.Civil law matters are usually handled by Constitutional Lawyers, Civil Lawyers, Land Acquisition and Fair Compensation Lawyers Matrimonial Lawyers, Education Lawyers, Consumer Lawyers, Family Lawyers, Administrative Lawyers, Labour Court Lawyers, Sports & Media Lawyers, Immigration Lawyers, Indian Stamp Act Lawyers, Human Rights Lawyers, Senior Citizens Lawyers, and Rent & Tenancy Lawyers, Armed Forces Tribunal Lawyers. The Criminal Lawyers usually represent complicated criminal cases related to the Prevention of Corruption Act, the Protection of Children from Sexual Offenses matters, matters related to Juvenile Justice Act, cases involving SC/ST Act, Crime against Women, Prison & Custody disputes, Contempt of Court, Arms Act matters, Sexual harassment disputes, and Information Technology & Cyber Crime.

Senior Advocates in India:

If the Supreme Court or a High Court feels that an advocate with 10 years of experience is worthy of such designation due to his ability, position at the Bar, or unique knowledge or expertise in law, he may be named as a senior advocate with his consent. The designation of an advocate as Senior Advocate is decided by the Full Court of the High Courts or the Supreme Court. Under normal conditions, a senior advocate must be at least 45 years old.While practicing as a lawyer, Mr. Rohington F. Nariman became a senior advocate at the age of 37. After amending rules of designating advocates as senior, Sh. Rohington Nariman was designated as a senior counsel by Chief Justice Venkatachaliah.

Designations of Advocates & Lawyers in England

A mandate for the practice of English law in England and Wales is a qualification as a barrister or attorney. However, this is only required for practicing English law in England.


Solicitors: A solicitor is a lawyer who gives legal advice, drafts legal documents or cases, and defends clients in lower courts. These audience privileges do not belong just to attorneys; they are shared by barristers as well. Unlike barristers, however, customers can advise solicitors directly.

Practicing and non-practicing Barristers:

The right to appear in court does not immediately come with being called to the Bar and becoming a barrister. Barrister-at-Law is a purely academic title conferred by the Inns of Court. In England and Wales, getting rights of audience in the courts requires a year of pupillage in a barrister's chambers. Only about 40% of barristers go on to become pupils, therefore obtaining a pupillage is difficult. Barristers who are unable to complete pupillage may only use the title "Barrister-at-Law (non-Practicing)." They are not permitted to practice law in English courts.

Door Tenant & Full Tenants:

Barristers' chambers is an association of practicing barristers who share a living area and administrative expenses. A barrister who works in chambers is referred to as a tenant. Barristers in fact have the right to have their names written on the chamber door. Some barristers choose not to practice in chambers and instead open offices in foreign countries. The chambers do not have rooms for them, but their names are written on the door. These barristers are referred to as "Door Tenants" in contrast to barristers who have rooms in chambers, who are referred to as "Full Tenants."

Queen's Counsel:

Barristers who have been appointed by the Queen to help her in legal matters are known as Queen's Counsel.

Queen's Counsel vs. Senior Advocates:

Senior Advocates are elected by the Full Court of the High Courts or the Supreme Court in India, whereas Queen's Counsel is appointed by Her Majesty in England. Queen's Counsel account for around 10% of barristers in England and Wales, a higher proportion than senior advocates, who account for about 2% of lawyers in India.


Changing roles of legal professionals in England:

Barristers operate from chambers as self-employed professionals, unlike most solicitors who work in firms. The traditional distinctions between solicitors and barristers are fading, but not totally. Solicitors can now acquire the rights of the audience before superior courts after passing a rigorous training and examination process. Clients can instruct barristers directly after acquiring direct access authorization from the Bar Standards Board.

Advocates practicing Indian law in England:

A lawyer practicing Indian law in England and Wales is not obliged to have any further qualifications beyond those gained in India. Commercial ties between India and the UK have developed dramatically in recent years, as have international commercial arbitrations involving Indian companies held in England. As a result, English barristers have begun to work with Indian lawyers. 

As a result, a few Indian lawyers have taken up residence in London barristers' chambers as door tenants. These lawyers, on the other hand, are unable to practice English law and can only offer legal advice on Indian law.
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