Rights and Privileges of Advocates

Privileges of Advocates: Before we learn about the rights and privileges of an Advocate, let us first understand who is an Advocate? An advocate is a person who holds a degree in Law; he practices in court and deals with all the legal matters. An advocate is eligible to fight for his client in court. 

Advocates are considered pillars of the legal system in any country, they are the protectors of legal rights and law. Advocates’ rights are protected under section 2(a) of the Advocates Act of 1961. Initially, there were different categories of legal representations such as lawyers, wakeels, advocates, etc. but the Advocates Act, 1961 abolished such categories and recognized only one category of Advocates. 

Rights of Advocates:

As per the Advocates Act of 1954, Advocates are given the following right:

  • Right to Freedom of Speech and Expression
  • Right to practice and audience
  • Right for Welfare Fund
  • Right of Fee
  • Right to practice the profession
  • Right to enter any court
  • Right against arrest
  1. Right to Freedom of Speech and Expression: According to Article 19(1)(a) of the Indian Constitution, the right to freedom of speech is provided to all the citizens of India. There is no need for an advocate to fear the police and other legislators. However, he must know his limits and maintain integrity. An advocate must not hurt the religious sentiments of people and must speak in a decent and acceptable language. 
  2. Right to practice and audience:

An advocate has the complete right to represent his client in court and even claim an audience in court. About Section 30 of the Advocates Act, all the advocates whose names are entered in the State Roll can be entitled to the right to Practise within the territory:

  • Supreme court and other courts in that area
  • Before any person takes the evidence illegally
  • Before the authority or any person who the advocate by the law for the first time is being enforced to practice. 
  • Right for Welfare Fund:

As per section (15) of the Andhra Pradesh Advocates Welfare Fund Act, 1987, every advocate who is practicing in any court in the State can become a member of the Welfare Fund.

  • Right of Fee 

 As per Rule (11) of the chapter (II) of Part (VI) of the Bar Council of India Rules, an advocate has a right and can demand a fee consistent with his standing at the bar.

  • Right to practice profession:

Advocates are given the privilege to practice their profession, but there are two categories in which they are allowed to do so: General Protection and Specific Protection. When we say General protection, it comes under Article 19 (1)(g) of the Indian Constitution, which states that every individual has the right to practice any type of profession to maintain his occupation and business. Specific Protection is granted under section 30 of the Advocates Act 1961. 

  • Right to enter any court:

Advocates have all the rights to enter any court; they can even practice in whichever court they want to. This right has been provided by Section 30 of the Advocates Act, 1961. He can even enter the Supreme Court. He can sit and listen to the proceedings regardless of the case. 

  • Right against Arrest:

As per Section 135 of the Civil Procedure Code, any advocate cannot be arrested in any circumstances. He cannot be arrested under the civil process if he is going, coming, or presiding in the court. 

To under the case better and gather evidence, an advocate can meet the accused anytime. He can even meet the accused every day if required, however, the time duration will be limited and the advocate must adhere to basic rules.

 An advocate cannot be stopped from speaking; he must follow decency while approaching and must not disregard the court premises. 

Privileges of Advocates:

  1. Exemption from arrest:

According to section 135(2) of the Civil Procedure Code, 1908, an advocate cannot be arrested especially in civil cases, this includes if he is going or attending court and returning from the court. Even during the proceedings happening in the court. Anyhow, this privilege is not applicable in terms of criminal cases or contempt of court.

  1. Privilege related to Vakaalatnama:

When a client agrees and signs a Vakaalatnama referring to the advocate then the advocate is entitled to represent this particular client in that case. No other advocate can represent the case without the permission of the advocate mentioned in the vakaalatnama. 

  1. Privilege to review the parliamentary bill for remuneration:

All the Advocates have the privilege to review parliamentary bills; they are even allowed to give suggestions for amendments.

  • The privilege of meeting accused in jail:

Meeting the accused in jail is a special privilege given to the advocates of India. He can visit the accused whenever he wishes to.  

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