Introduction: The Bar Council of India, a statutory body under the Advocates Act, 1961, has issued an urgent notice (BCI:D:205/2024) to all State Bar Councils regarding Advocates’ Declaration of Existence in Profession. This notice aims to address concerns and misinformation surrounding verification, emphasizing the need for accuracy and compliance.
Detailed Analysis:
1. Verification Process Clarification: Advocates, including previous voters in Bar Council Elections, must substantiate their existence in the legal profession during verification. The process requires essential document attachments, such as vakalatnama, order sheets, or proof of drafting/deeds, aligning with the Bar Council of India Certificate and Place of Practice (Verification) Rules, 2015.
2. Rectification of Incorrect Declarations: Advocates are urged to review and rectify submissions promptly, aligning them with established guidelines. Any incorrect declarations arising from inaccurate information must be corrected without delay.
3. Submission Requirements for Compliance: Advocates need to submit certified copies of at least 5 Vakalatnamas or relevant documents, establishing five years of active practice. Law firm-associated Advocates require a certificate detailing the period of service and nature of work. Conveyancing lawyers must submit documents supporting their claim of being a conveyancing practice lawyer.
4. Additional Details and Updates: Advocates are reminded to provide details and updates on educational qualifications. Disclosure of any filed/pending criminal cases is mandatory for transparency.
5. High-Level Committee Monitoring: A High-Level Committee, constituted by the Hon’ble Supreme Court of India, is monitoring the verification process. Concentrating on verifications from 1990 onward, pre-1990 enrolments will undergo verification at a later stage.
Conclusion: The Bar Council of India, through Secretary Srimanto Sen, emphasizes the importance of complying with verification guidelines. Advocates are urged to ensure accuracy in submissions to uphold the integrity of the profession. The notice serves as a crucial reminder for both Advocates and State Bar Councils to adhere to the specified procedures for verification.
BAR COUNCIL OF INDIA
(Statutory Body Constituted under the Advocates Act,1961)
21, Rouse Avenue Institutional Area , Near Bal Bhawan, New Delhi – 110002
BCI:D:205/2024 Date: 14.01.2024
To,
The Secretary/ies,
All the State Bar Council/s
Sub.: Urgent Notice Regarding Advocates Declaration of Existence in Profession – Bar Council of India Certificate and place of Practise (Verification) Rules, 2015.
Sir(s)/Ma’am(s),
In light of recent concerns/apprehensions surrounding misinformation and improper notifications, by State Bar Councils/Members of State Bar Councils/Advocates in their individual capacity, the Bar Council of India finds it imperative to issue this notice for clarity and caution.
Contrary to previous communications, if any, from State Bar Councils, etc. it is crucial to emphasize that Advocates, including those listed as voters in previous Bar Council Elections, must substantiate their existence in the legal profession during verification, either after five years or when submitting fresh verification forms.
This verification process necessitates the attachment of essential documents such as vakalatnama, order sheets, or proof of drafting/deeds in non-litigious work, etc. in accordance with the Bar Council of India Certificate and Place of Practice (Verification) Rules, 2015.
Incorrect declarations, if any, stemming from inaccurate information being provided to applicants must be promptly rectified.
We earnestly implore all concerned Advocates to meticulously review and rectify their submissions, aligning them with the established guidelines.
Furthermore, we request and direct the State Bar Council/s to reiterate this aspect promptly to all applicants.
To ensure compliance with Form A Column III, Advocates are reminded to submit:
1. Certified copies of at least 5 Vakalatnamas or any other document/cause list establishing five years of active practice.
2. For Advocates associated with law firms, a certificate from the authorized personnel of the firm detailing the period of service and nature of work.
3. For conveyancing lawyers, submission of five documents from the last three years supporting the claim of being a conveyancing practice lawyer.
In addition to these documents, Advocates are reminded to provide details and updates, if any, on educational qualifications, and disclose any filed/pending criminal cases.
Your cooperation in promptly addressing any inaccuracies in your submissions are of utmost importance for the sanctity of the verification process being monitored by a High Level Committee constituted on the request of the Bar Council of India by the Hon’ble Supreme Court of India.
The High-Level Committee has decided to concentrate on verification from the 1990 enrolments onward, deferring verification of pre-1990 enrolments, if any, to a later stage.
We trust that each esteemed Advocate will take immediate steps to ensure compliance, upholding the integrity of the profession.
The Secretary/ies of State Bar Council/s are requested to circulate this among Advocates enrolled under their Bar Council/s and also ensure verification is carried out as per such procedure as is mentioned above and as is stipulated in the Bar Council of India Certificate and Place of Practice (Verification) Rules, 2015.
Yours sincerely,
(Srimanto Sen)
Secretary
Bar Council of India
