Inexperienced advocates: HC suggests exam similar to SC
TNN | Mar 28, 2019, 12.01 PM IST
MADURAI: How about a Supreme Court-type advocate-on-record (AOR) examination for lawyers practising in Madras high court as well? A suggestion to this effect was made by a division bench, which said such filtering mechanism and minimum years of practice before trial courts ahead of appearing in the high court were necessary to improve the quality of advocacy.
The bench of justice N Kirubakaran and justice S S Sundar suggested that the Bar Council also take steps to prescribe at least three years of experience in trial courts to qualify to appear before the high court and five years’ experience in high courts for appearing before the Supreme Court.
The observations were in response to a petition by an advocate, A Kannan, who wanted the court to direct its registrar-general to make appropriate rules to make it compulsory to pass the advocate-on-record examination to allow new advocates to file cases on their own.
The judges, making it clear that they did not underestimate the newly enrolled advocates, said their suggestions were to tone up the justice delivery system and to safeguard it. “Only when advocates are well experienced in drafting, conducting trials and appreciating evidence, would they be in a better position to appear before high courts,” the bench said and adjourned the matter to April 10 for further hearing.
“It requires at least three to five years’ experience in a senior’s office for young lawyers to be able to know from the seniors as to what are the particulars to be collected from clients and how a petition should be drafted and how a case should be presented before the court,” the bench observed. “Otherwise, it becomes very difficult for courts to render justice effectively,” the judges remarked, adding that the right of the clients got adversely affected once and for all if a case was presented without enough details or preparations, and got dismissed in courts.
TNN | Mar 28, 2019, 12.01 PM IST
MADURAI: How about a Supreme Court-type advocate-on-record (AOR) examination for lawyers practising in Madras high court as well? A suggestion to this effect was made by a division bench, which said such filtering mechanism and minimum years of practice before trial courts ahead of appearing in the high court were necessary to improve the quality of advocacy.
The bench of justice N Kirubakaran and justice S S Sundar suggested that the Bar Council also take steps to prescribe at least three years of experience in trial courts to qualify to appear before the high court and five years’ experience in high courts for appearing before the Supreme Court.
The observations were in response to a petition by an advocate, A Kannan, who wanted the court to direct its registrar-general to make appropriate rules to make it compulsory to pass the advocate-on-record examination to allow new advocates to file cases on their own.
The judges, making it clear that they did not underestimate the newly enrolled advocates, said their suggestions were to tone up the justice delivery system and to safeguard it. “Only when advocates are well experienced in drafting, conducting trials and appreciating evidence, would they be in a better position to appear before high courts,” the bench said and adjourned the matter to April 10 for further hearing.
“It requires at least three to five years’ experience in a senior’s office for young lawyers to be able to know from the seniors as to what are the particulars to be collected from clients and how a petition should be drafted and how a case should be presented before the court,” the bench observed. “Otherwise, it becomes very difficult for courts to render justice effectively,” the judges remarked, adding that the right of the clients got adversely affected once and for all if a case was presented without enough details or preparations, and got dismissed in courts.
No comments:
Post a Comment