Under advocates act Chapter 4 from sections 29 to 34 deals with the right to practice law in India.
What the legislature means by the right to practice is not clear as the definition of the right to practice is not given under the advocates act. Broadly it includes the right of action, right to advise the client about his legal position, legal advice to the client about his obligations and rights, right to appear and argue before court on behalf of the client, and to act as court friend for facilitation of court proceeding, etc.
In India, the scope of the Right to practice is based on the fiduciary relationship between client and advocate. It involves various legal activities which an advocate is expected to perform for the successful conduct of suit or proceeding.
In Ex captain Harish Uppal vs UOI, 2003, the Supreme court interpreted the scope of the term ‘right to practice’ as the right to practice including various legal activities, such as:
- Appearance before the court in suit or proceeding on behalf of his client.
- To provide legal advice to the people trapped in legal turbulence.
- Whenever he would be asked for his legal opinion then he should provide the legal position.
- Drafting of documents like legal instruments, pleadings, affidavits or any other analogous document.
- To participate in legal conferences to present legal opinions and discuss legal possibilities.
- To join any legal house and firm to participate in legal affairs.
- Appear for argument before the court on behalf of his client.
Section 29 read with section 33 says that only those who can argue and appear before the court who is enrolled as an advocate under the state bar council.
Section 30 of the act allows an advocate whose name is enrolled in the state roll to practice law.