You are currently viewing Career Guidance for practicing as a Lawyer

Career Guidance for practicing as a Lawyer

Jatin Dixit

Law is very important in the constitution of India. The law is such a subject that not only law students but also ordinary citizens of India need to have a basic knowledge of law to help the citizens to be aware of their rights and duties. The law helps the conscious citizen. In the history of India, most of the legal experts, i.e. lawyers, have played a major role in giving freedom to India. Our father of the nation, Gandhiji as well as Jawaharlal Nehru were qualified lawyers. Babasaheb Ambedkar was also a lawyer and great men like Sardar Vallabhbhai Patel studied law and brought great reputation in the country and in the world. The profession of advocacy is known as a noble profession. Thus, it goes without saying that legal experts have made significant contributions to the history of India.

Law is very helpful not only for lawyers but also for the general public to get justice. It can be said that it is very difficult to understand and apply the law without studying the constitution, but in the present times it has become easier and simpler to communicate various legal matters using technology and social media with common sense so that it can reach ordinary citizens in simple language.

Major Laws of India: –

Many laws like (1) Criminal Procedure Code (2) Civil Procedure Code (3) Indian Penal Code (IPC) (4) Limitation Act (5) Domestic Violence Act (6) Human Rights (7) Negotiable Instrument Act (8) Land Revenue Act (9) Motor Vehicle Act (10) Consumer Protection Act (11) Evidence Act (12) Cyber ​​Crime Act (13) Hindu Succession Act (14) Muslim Act (15) Transfer of Property Act (16) Women and Laws (17) Right to Information Act (18) Jurisprudence (19) Provisions of Section 12 of Cr.P.C. for maintenance of women (20) Hindu Marriage Act (21) Provisions of Constitution of India (22) Gujarat Court Fees Act (23) Advocate Act (24) Gujarat Police Act (25) Bombay Police Act (26) Power of Attorney Act (27) Stamp Fee Act (28) Maintenance and Welfare of Parents and Senior Citizens Act (29) General Clauses Act (30) Contempt of Court Act etc. have to be studied.

Eligibility to be an Advocate: –

If a student wants to first become graduate (in any stream) after passing Std-12 and then get admission in law college, he/she has to study law for three years and if a student wants to get admission in law-college directly after passing Std-12, then he/she has to study in law college for five years.

  1. L.L. B. Eligible for the course and Certificate of Practice (Sanad): –

By any student when LL.B. After completing and completing a three-year or five-year course of study and passing the bar’s Certificate of Practice (Sanad) exam, they are entitled to receive an enrollment certificate (Certificate of Practice (Sanad)) from the State Bar Council to practice law. In order to obtain a Certificate of Practice (Sanad), one has to fill in the prescribed form along with the required proofs as per the rules under the Advocate Act, after which the Certificate of Practice (Sanad) is issued by the State Bar Council.

  1. Examination for Certificate of Practice by Bar Council of India:-

Earlier, no examination for the Certificate of Practice (Sanad) was conducted by the Bar Council of India, but from the year 2009-2010, the examination is conducted by the Bar Council of India before giving the Certificate of Practice. Necessary rules in this regard have been issued “All India Bar Examination Rules-2010”. The examination is conducted all over India by the Bar Council of India. In order to appear for the exam, a separate form has to be filled and the required documents have to be given along with the form along with the required fee. Necessary details are also posted on the Bar Council of India’s website (http://www.barcouncilofindia.org).

  1. Rules of Examination for Certificate of Practice (Sanad): –

This exam is taken twice a year. The examination is conducted under the Advocate’s Subjective and Procedure Law and a separate syllabus is also given. The form, time and place of application for the examination is determined by the Passing Mark Bar Council of India and it is also reported.

  1. Certificate of Practice (Sanad) Examination Question Paper: –

The question paper of this exam is of 100 marks and it contains 100 questions and each question has one mark. In addition, the questions have to be answered in the form of A, B, C, D and there is no negative marking system in this exam. That exam is taken as an open book examination so every advocate can take the books that are to be taken in the exam hall for giving the exam. The details and information of the examination are published by the Bar Council of India three months ago and it is posted on the website of the All India Bar Council of India. The Advocate should prepare thoroughly for the examination and give the examination then the result of the examination is declared.

  1. Certificate of Practice by Bar Council of India: –

After passing this exam, the advocate will be entitled to get the “Certificate of Practice”. The successful advocate will then be sent a “Certificate of Practice” result by the Bar Council of India and the Certificate of Practice will be issued with the signature of the Chairman of the Bar Council of India and the Chairman of the State Bar Council.

  1. Details in the provisional Certificate of Practice (Sanad): –

Provisional Certificate of Practice (Sanad) is also issued by the State Bar Council till the examination is conducted by the Bar Council of India and for that a Certificate of Practice (Sanad) form has to be filled. Before filling the form, the advocate should show the true facts in the form keeping in view the provisions of Advocate Act as well as the rules under it. If the fact is found to be false in the form, it will be revoked and action may be taken against the advocate. The Certificate of Practice (Sanad) for which the form is to be filled by the advocate should also keep a xerox of it after filling the form and also keep a xerox set of the documents submitted with the form and keep it. Such Provisional Certificate of Practice (Sanad) is issued by the State Bar Council for a period of two years from the date of registration of Advocate so any Advocate can start his practice and during this time he has to pass the examination of Bar Council of India. Certificate of Practice is issued by the Bar Council of India on passing the examination as mentioned earlier. Once the form for the Certificate of Practice (Sanad) has been filled by the Advocate then the enrolment form does not have to be filled again.

  1. Certificate of Enrolment by the State Bar Council: –

When the Advocate succeeds in the examination conducted by the Bar Council of India, he is awarded the Certificate of Practice. If the lawyer does not want to practice after getting the Certificate of Practice (Sanad), he should submit the Certificate of Practice (Sanad).

  1. Certificate of Practice (Sanad) number and details of Advocate: –

The Certificate of Practice (Sanad) issued by the State Bar Council also states the serial number of the Certificate and the date, month and year in which it is issued and also the first alphabet of the state to identify the state to which it belongs. Full name of the Advocate is also written in the Certificate of Practice (Sanad).

The Certificate of Practice (Sanad) is issued with the signature of the Chairman of the State Bar Council and with the logo of the State Bar Council. The Certificate of Practice (Sanad) issued by the Gujarat Bar Council (https://www.barcouncilofgujarat.org/ ) also has a photo of the advocate attached to it. In addition, it is also stated that the name of the advocate is in the state role under section 13 of the Charter Advocate Act.

For example: if for Advocate named Jatin Kumar Bhavanishankar Dixit Certificate of Practice (Sanad) Number shows as : Enrollment No. G / 721 dated 08/05/2010. Thus, G means Gujarat, 721 indicates the Certificate of Practice (Sanad) number and 2010 represents the year and lastly the date of Certificate of Practice (Sanad). The Bar Council of Gujarat is also abbreviated as BCG. Advocates are required to write their Certificate of Practice (Sanad) number in their professional letter as well as in letterpad or other required document. Certificate of Practice (Sanad) number should be written as mentioned in the example above. An order has been issued by the Gujarat State Bar Council that whenever a notice is given by an advocate, it is mandatory to write the Certificate of Practice (Sanad) number as well as the Certificate of Practice (Sanad) number in the power of attorney. Each advocate should print the Certificate of Practice (Sanad) number in his/her letterpad. Even when identifying someone, the Certificate of Practice (Sanad) number should be mentioned under his signature. Advocate should preserve his Certificate of Practice (Sanad) and display it in a clear way in his/her office.

  1. Credentials issued by the State Bar Council to the Advocate: –

An identity card is issued to each advocate by the State Bar Council. Such identity card contains the advocate’s photograph, name, address, date of birth and Certificate of Practice (Sanad) number. The identity card bears the signature of the lawyer and also has the logo of the Bar Council of Gujarat. The identity card is issued in the name of the Bar Council of Gujarat with the signature of the secretary.

  1. Verification of Advocate’s Certificate of Practice (Sanad): –

According to the existing rules of “The Bar Council of India Certificate and Place of Practice (Verification) Rules-2016”, the advocate has to fill in the prescribed form and attach the marksheet and other documents along with the attestation. Signed copies are to be sent to the State Bar Council with a fixed fee. The above form will be verified by the State Bar Council under the aforesaid Verification Rules and then a Certificate of Practice will be issued by the State Bar Council for five years and then the certificate will have to be renewed. If an Advocate fails to verify his / her Certificate of Practice (Sanad) as per the aforesaid Verification Rules, he / she will be placed on the list of Non-Practicing Advocates and will not be able to practice. So every practicing advocate should fill up the form along with the required documents if they want to practice as per the above verification rules.

Following are some of the reputed law colleges in Gujarat:

  1. V.T. Choksi Law College, Surat

  2. Department of Law, Veer Narmad University, Surat

  3. Maneklal Nanavati Law College, Ahmedabad

  4. Gujarat Law Society (GLS) L.A. Shah Law College, Ahmedabad

  5. Gujarat University School of Law, Ahmedabad

  6. Dolatbhai Trivedi Law College, Ahmedabad

  7. Government Law College, Ahmedabad

  8. Gujarat National Law University, Koba

  9. Institute of Law, Nirma University, Ahmedabad

  10. I. M. Nanavati Law College, Ahmedabad

  11. A.M.P. Government Law College, Rajkot

  12. K.A. Pandhi Law College, Rajkot

  13. Sheth H.J. Law College, Bhavnagar

  14. Faculty of Law, M.S. University, Vadodara

  15. School of Business and Law, Navarchana University, Vadodara

Indicative Syllabus for All India Bar Examination

S. No.

Topic/ Subject

No.of Questions

1

Constitutional law

10

2

I.P.C (Indian penal code)

8

3

Cr.P.C (criminal procedure code)

10

4

C.P.C (code of civil procedure)

10

5

Evidence act

8

6

Alternative dispute redressal including arbitration act

4

7

Family law

8

8

Public interest litigation

4

9

Administrative law

3

10

Professional ethics and cases of professional misconduct under BCI rules

4

11

Company law

2

12

Environmental law

2

13

Cyber law

2

14

Labour and industrial laws

4

15

Law of tort, including motor vehicle act and consumer protection law

5

16

Law related to taxation

4

17

Law of contract, specific relief, property laws, negotiable instrument act

8

18

Land acquisition act

2

19

Intellectual property laws

2

 

Total

100

I have attempted here to provide useful career information to the law students and junior advocates. Hope this was helpful for career guidance and you can contact me for any questions on my contact details given below.

My brief introduction:

My name is Jatin Kumar Bhavanishankar Dixit. After I passed Std. 12, I studied at Shamaldas Arts College, Bhavnagar and then completed the three years study of law from Sheth H.J. Law College, Bhavnagar. I obtained my Certificate of Practice (Sanad) from the Bar Council of Gujarat in 2010. During 2010-13, I worked with Advocate Anirudhsinh Zala, a senior advocate from Bhavnagar, ex-Vice chairman of Bar Council of Gujarat and President of Bhavnagar Criminal Bar Association for 9 terms. I had special focus on gaining valuable experience on Civil & Criminal practise as well as Revenue dept. procedures. For the last twelve years, I am practicing in the Bhavnagar District and Taluka Courts, the Collectorate of Revenue Department and Ahmedabad Revenue Secretary’s Department. Any person who wants to get information about law or court or property related documents, please contact me by phone or e-mail address as follows: Mobile: 9428854692 or 7984279251 or you can email me at: jatindixit1491@gmail.com.