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An appraisal of Legal Practitioners (Regulations and Maintenance of Standards in Professions, Protecting

the Interest of Clients and Promoting the Rule of Law) Act, 2010
An appraisal of Legal Practitioners (Regulations and Maintenance of Standards in Professions, Protecting the Interest of Clients
and Promoting the Rule of Law) Act, 2010
By P. Sailaja*
Cite as: (2012) PL February S-26
In society, people occupy different occupations for their livelihood or for their satisfaction. The occupations may be broadly divided as
productive occupations1 and service occupations.2 The occupations which require advanced education and special training are called
Professions. The profession of law is one of the oldest and noblest professions. The person in legal profession is called an Advocate.3
An advocate is an officer of justice and friend of the court. He has to accept a brief for any man who comes before the courts and do
what he can do honourably on behalf of his client. He has to collect legal material relating to the case of his client and argue in the
courts to help the Judges to deliver the judgments. An advocate is a forerunner of the society. He has to fight law for reforms and
social change and at the same time extend his service to maintain law and order.
In legal profession, the advocates should possess fair and honest character and conduct. For this, high principles of professional
conduct should be framed. To provide such principles for the noble profession, the Government of India enacted the following specific
Acts regarding the legal profession relating to the code of conduct and other issues which must be strictly and scrupulously adopted by
the advocates. They are: (1) the Advocates Act, 1961,4 (2) the Bar Council of India Rules, 1975,5 (3) the Contempt of Courts Act,
1971,6 (4) the Advocates (Removal of Difficulties) Orders, 1963, 1966, 1968,7 (5) the Advocates (Right to Take up Law Teaching)
Rules, 1979,8 (6) the Legal Services Authorities Act, 1987,9 (7) the National Legal Services Authority Rules, 1995,10 (8) the Supreme
Court Legal Services Committee Regulations, 1996,11 (9) the Supreme Court Rules, 1966,12 (10) the Supreme Court Bar Association
Rules,13 (11) the Advocates Welfare Fund Acts and Rules of different States,14 and (12) the Legal Practitioners Act,1879.15
In this scenario one wonders about the rational and wisdom of the Government of India to enact another legislation, namely, the Legal
Practitioners (Regulations and Maintenance of Standards in Professions, Protecting the Interest of Clients and Promoting the Rule of
Law) Act, 2010 (hereinafter called the Act).

The Act at a glance

This Act totally contains forty sections and only one Schedule. The total sections are inserted into seven chapters. The first chapter as
usual deals with the preliminary. This Chapter contains only two sections i.e. Section 1 deals with short title, extent and
commencement and Section 2 deals with the definitions part. The second chapter deals with the regulatory objectives which are
enshrined in Section 3. The third chapter deals with the Legal Service Board (LSB) in Sections 4 to 26. This chapter is divided into four
parts, Part I deals with the constitution and powers of LSB, Part II deals with the Consumer Panel, Part III deals with the Ombudsman
and Part IV deals with the status of the Board. The fourth chapter deals with the provisions for legal aid to the financially weaker
consumers in Sections 27 to 34. This chapter is divided into two parts, they are: free legal services to the financially weaker consumers
and relationship between the Legal Service Board with the Bar Councils. The fifth chapter deals with the provisions regarding the
Boards power to regulate the legal professionals other than those covered by the Advocates Act, 1961 which are mentioned in the
Schedule in Sections 35 and 36. The last chapter is miscellaneous.
The proposed Act is enacted for the establishment of the Legal Service Board and in respect of its functions; make provisions for the
regulation of persons who carry out the activities of legal practitioners; to make provisions for the establishment of an Ombudsman for
complaints against the professionals and for a scheme to consider and determine the complaints against the legal practitioners; and to
make provisions for free legal service to the financially weaker consumers/clients.16
If this Act is approved by Parliament undoubtedly it will be an interference with dignity and independence of legal profession. The Act
makes no distinction between the advocates and other professionals like practitioners of income tax and sales tax, trademark
attorneys, patent attorneys, customs clearance agents and customs and immigration law practitioners, etc. As per this Act, legal
professional means and includes the advocates as defined in the Advocates Act, 1961 and also the qualified lawyers engaged in legal
practice confined to their chamber, engaged in drafting and conveyancing, practitioners of income tax and sales tax and those
appearing before the relevant authorities, giving advice to the clients for a fee, gain or reward in the areas of customs, immigrations,
trademark and patent services and all other professional services where legal issues are involved.17
The Act is meant to regulate and maintenance of standards in profession but the standards are not directly defined but prescribed as
professional principles.18 The regulatory objectives19 are clearly specified as follows:
3. (1)(a) protecting and promoting the public interest;
(b) supporting the Constitutional principles of the rule of law;
(c) improving access to justice;
(d) protecting and promoting the interest of the clients of the legal practitioners;
(e) promoting healthy competition amongst the legal practitioners for improving the quality of service;
(f) encouraging an independent, strong, diverse and effective legal profession with ethical obligations and with a strong sense of duty
towards the courts and tribunals where they appear;
(g) creating legal awareness amongst the general public and to make the consumers of the legal profession well informed of their
legal rights and duties;

(h) promoting and maintaining adherence to the professional principles.20

Of course all these regulatory objectives are not directly specified for the advocates as per the Advocates Act, 1961 but as per the
power given to the Bar Council of India (BCI) under the Advocates Act, 196121 the BCI frames the Bar Council of India Rules, 1975 and
recognises all these objectives, the Rules made thereunder and decisions of the Supreme Court and High Courts. However, the Act
clearly defined the professional principles and the regulatory objectives to give much more support to protect the interest of clients
and promoting the rule of law.

Legal Service Board

Another unique feature of the Act is the constitution of the Legal Service Board (LSB). The Central Government shall constitute a body
to be called the LSB to exercise the powers and perform the functions conferred on, or assigned to it under this Act. The
appointment of the Chairman for the Board is by the President of India in consultation with the Chief Justice of India. The MemberSecretary is appointed by the Central Government in consultation with the Chief Justice of India and the Chairman of the Bar Council
of India to the person who possessing such experience and qualifications, as may be prescribed by the Central Government, to exercise
such powers and perform such duties under the Chairman of the LSB. The administrative expenses of the LSB including salaries and
allowances and pensions payable to the Chairman, Member-Secretary, officers and other employees of the LSB shall be defrayed out of
the Consolidated Fund of India.22 The Board must keep proper accounts and proper records in relation to the accounts by the Central
Government in consultation with the Comptroller and Auditor General of India.23

The Board must assist in the maintenance and development of standards in relation to
(i) The regulation approved by the BCI in relation to the activities of the advocates, and
(ii) The education and training of the legal professionals.24
The Board shall prepare an annual report dealing with the discharge of the Boards functions and a copy of the annual report shall be
laid before both the houses of Parliament.25
Another important point is:
11. Levy of contribution from the members of legal profession.(1) The State Bar Councils, Bar Council of India and the Legal Services
Board as the case may be, shall levy an amount not exceeding Rs 25 from the legal professionals by insisting an affixing adhesive
stamps on the vakalatnama/letter of authorisation filed by the legal professionals in the courts/tribunals or the institutions/officers
where they represent their client in the capacity of a legal professional.26
It indicates that every legal professional, irrespective of the number of cases, has to pay tax at the time of accepting the case only.
The Board in discharging its functions for promoting the regulatory objectives, they may have a power to issue schemes and guidelines
to promote the regulatory objectives.27 The Board notwithstanding anything contained in the Advocates Act, 1961 must assist in the
maintenance and development of standards in relation to (a) the regulation approved by the BCI in relation to the activities of the
advocates, and (b) the education and training of the legal professionals.28 It indicates that the arbitrary power of BCI is restricted in
the matters of standards of regulation, education and training.

Status of the Board

The status of the Board is not to be regarded as a subordinate to any government department or as the agent of the Government, or as
enjoying any status, immunity or privilege as provided by any other law. The Board as body corporate shall be entitled to hold and
purchase movable and immovable properties having a perpetual succession with common seal for its efficient functioning.29 The
President of India or the Central Government as the case may be may remove, Chairman or Member-Secretary or members from office
if they are disqualified,30 only after proper inquiry.31

Consumer Panel
Another salient feature of the Act is the establishment of Consumer Panel by the LSB. The Consumer Panel is to represent the interest
of consumers32 and clients33 of the legal professionals.
16. (3) The Consumer Panel shall not include
(a) a member of the Board or its staff;
(b) an Ombudsman for legal complaints or of the staff of such Ombudsman;
(c) a member of the government body or of the staff of State Bar Council/Bar Council of India; or
(d) legal professionals.
The Consumer Panel may establish committees or sub-committees and all the expenditures in relation to the Consumer Panel shall be
borne by the LSB. The Consumer Panel may, at the request of the Board (a) carry out research for the Board, (b) give advice to the
Board.

Ombudsman 34
Another peculiar feature of the Act is the appointment of a Chief Ombudsman at its office and Ombudsman for each States for dealing
with the complaints against the legal professionals at the State level.35 The Ombudsman and the employees of his shall be deemed to
be public servants within the meaning of Section 21 of the Indian Penal Code (45 of 1860).36

As per the Advocates Act, 1961 the State Bar Councils have Disciplinary Committee to take action for the misconduct or other
infractions of the errant lawyers. But as per the Act the duty of Ombudsman is on receipt of a complaint issue notice to the legal
professional concerned and also to the complainant and shall fix a date for inquiry into the complaint. Thereafter the report of the
Ombudsman shall be forwarded to the Disciplinary Committee of the Bar Council of the State with a copy to the Board and it is for the
Bar Council to take necessary action against the legal professional concerned and the report of the Ombudsman shall be published in
the manner prescribed by the Rules.37 It indicates that the procedure for professional misconduct of the legal professionals is very
much accurate and proper to compare to the previous procedure in the Advocates Act, 1961.

Legal Aid to financially weaker consumers/clients

The Act mandates that the legal practitioners shall be duty-bound to give free legal services and full information regarding to the legal
position to the financially weaker consumers/clients who fall just above the income levels prescribed under Section 12(h) of the Legal
Services Authorities Act, 1987.38 However, this provision is constitutionally valid to maintain the rule of law but the State should give
some kind of assistance to the legal practitioners as an incentive.

Relationship between LSB and Bar Councils

So far as the relationship between the Legal Service Board with the Bar Councils are concerned the Board shall have full authority to
deal with the regulatory objectives of this Act and the Bar Council of India and the State Bar Councils shall continue to exercise the
functions assigned to them by the Advocates Act, 1961. The Board shall give directions to the guiding principles to functioning,
performance and professional principles to be followed by all legal professionals. In discharging its regulatory functions assigned by
the Advocates Act, 1961, the BCI and the State Bar Councils shall comply with the requirements of the regulatory objectives in this
Act.39
The Board has a power to give directions to the Bar Councils if their acts or omissions are likely to have an adverse impact on one or
more of the regulatory objectives or the Bar Council has failed to comply with any requirement imposed on it by or under this Act or
any other enactment.40 If the Bar failed to comply with a direction given by Board, the Board may make an application to the High
Court to take steps so as to direct for securing that the direction is complied with.41 The Board may revoke at any time the directions
or intervention directions issued to the Bar Council.42
The legal professionals other than those covered by the Advocates Act, 1961 as enumerated in Schedule I43, the Board shall function as
regulator for regulatory objectives until competent regulatory body is established by the Central Government or State Government as
the case may be. The Board also has power of granting licence to such legal professionals who are mentioned in Schedule I.44

Conclusion
The Act not only prescribes regulations and standards for legal professionals but also protects the interest of clients and consumers for
promoting the rule of law. The Act is a comprehensive legislation for the legal professionals because it covers all kinds of legal
professionals i.e. other than the advocates who are mentioned in the Schedule.
*. Dr. P. Sailaja, BSc, LLM, PhD (Law) Lecturer in Law, MRVRGR Law College, Vizianagaram, Andhra Pradesh, Email Id:
sailaja.petikam@gmail.com.
1. Agriculturist, scientist, industrialist, etc. are related to productive occupation professions.
2. Law, teaching, architecture, medicine, etc. are related to service occupation professions.
3. After the Advocates Act, 1961 came into force it abolished the different classes of legal practitioners and recognised only one
class of legal practitioners known as Advocate.
4. Advocates Act, 1961 (25 of 1961): The Act consolidates the law relating to legal practitioners. This Act provides: (i) the
establishment of All India Bar Council, and a common roll of advocates enabling them to practise in any part of the country
and in any court including the Supreme Court.
5. Bar Council of India Rules, 1975: The Bar Council of India made the rules in exercise of its rule making powers under Section
7(1)(b) of the Advocates Act, 1961. These rules are related to (i) Election of members of the Council, and different
Committees, (ii) Administration of Council and finance, (iii) Preparation and maintenance of the State Roll, (iv) Seniority in
the State Rolls, (v) Standards of professional conduct and etiquette and (vi) Disciplinary proceedings and Review.
6. Contempt of Courts Act, 1971 (70 of 1971): This is an Act to define and limit the powers of certain courts in punishing
contempt of courts and regulate their procedure.
7. Advocate (Removal of Difficulties) Orders, 1963, 1966, 1968: In exercise of the powers conferred by sub-section (1) of Section
59 of the Advocates Act, 1961, the Central Government made these orders to remove difficulties that arise with the
introduction of the new Act i.e. the Advocates Act, 1961.
8. Advocates (Right to Take up Law Teaching ) Rules, 1979: In exercise of the powers conferred by Section 49-A of the Advocates
Act, 1961, the Central Government made these Rules to permit the advocates to teach law not exceeding three hours while
practising.
9. The Legal Services Authorities Act, 1987: This Act is made to constitute Legal Service Authorities to provide free and
competent legal service to the weaker sections of the society to ensure that opportunities for securing justice are not denied
to any citizen by reason of economic or other disabilities, and to organise Lok Adalats to secure that the operation of the legal
system promotes justice on the basis of equal opportunities.
10. The National Legal Services Authority Rules, 1995: In exercise of the powers conferred by Section 27 of the Legal Services
Authorities Act, 1987, the Central Government makes these Rules explaining the qualifications, functions and powers of the
Legal Services Authorities.
11. The Supreme Court Legal Services Committee Regulations, 1966: In exercise of the powers conferred by Section 29 of the
Legal Services Authorities Act, 1987, the Central Authority makes these regulations relating to the Supreme Court Legal
Services Committee.
12. Supreme Court Rules, 1966: These Rules are related to the practice in the Supreme Court. The advocates who practise in the

Supreme Court should follow them.

13. Supreme Court Bar Association Rules: These Rules are applicable to the advocates who are the members of the Supreme Court
Bar Association.
14. Advocates Welfare Fund Acts and Rules of different States: Different States enacted the Advocates Welfare Fund Acts of those
States along with rules. The Andhra Pradesh Government enacted the Andhra Pradesh Advocates Welfare Fund Act, 1987 and
the Andhra Pradesh Advocates Welfare Fund Rules, 1989.
15. The Legal Practitioners Act, 1879: This Act was made in British India. After independence, the Advocates Act, 1961 was
enacted by repealing this Act except Sections 1, 3, and 36 of the Legal Practitioners Act, 1879. These sections are related to
the practice of Pleaders and Mukhtars and Revenue agents.
16. Preamble of the Legal Practitioners (Regulations and Maintenance of Standards in Professions, Protecting the Interest of
Clients and Promoting the Rule of Law) Act, 2010.
17. Section 2(1)(d) of the Legal Practitioners (Regulations and Maintenance of Standards in Professions, Protecting the Interest of
Clients and Promoting the Rule of Law) Act, 2010.
18. Professional principles are defined in Section 2(1)(f) of the Legal Practitioners (Regulations and Maintenance of Standards in
Professions, Protecting the Interest of Clients and Promoting the Rule of Law) Act, 2010.
19. Regulatory objectives are enshrined in Section 3 of the Legal Practitioners (Regulations and Maintenance of Standards in
Professions, Protecting the Interest of Clients and Promoting the Rule of Law) Act, 2010.
20. 2. (1)(f) Professional Principles includes.
(i) that the legal professionals should act with independence and integrity; (ii) that the legal professionals should maintain
proper standards of work; (iii) that the legal professionals should act in the best interest of their clients; (iv) that the legal
professionals who are authorised to appear before a court or tribunal, by virtue of being such authorisation should comply with
their duty to the court/tribunal to act with independence in the interest of justice; and (v) that the affairs of clients should be
kept confidential.
[Section 2(1)(f) of the Legal Practitioners (Regulations and Maintenance of Standards in Professions, Protecting the Interest of
Clients and Promoting the Rule of Law) Act, 2010.]
21. Section 7 of the Advocates Act, 1961.
22. Section 4 of the Legal Practitioners (Regulations and Maintenance of Standards in Professions, Protecting the Interest of
Clients and Promoting the Rule of Law) Act, 2010.
23. Section 10 of the Legal Practitioners (Regulations and Maintenance of Standards in Professions, Protecting the Interest of
Clients and Promoting the Rule of Law) Act, 2010.
24. Section 13 of the Legal Practitioners (Regulations and Maintenance of Standards in Professions, Protecting the Interest of
Clients and Promoting the Rule of Law) Act, 2010.
25. Section 15 of the Legal Practitioners (Regulations and Maintenance of Standards in Professions, Protecting the Interest of
Clients and Promoting the Rule of Law) Act, 2010.
26. Section 11 of the Legal Practitioners (Regulations and Maintenance of Standards in Professions, Protecting the Interest of
Clients and Promoting the Rule of Law) Act, 2010.
27. Section 12 of the Legal Practitioners (Regulations and Maintenance of Standards in Professions, Protecting the Interest of
Clients and Promoting the Rule of Law) Act, 2010.
28. Section 13 of the Legal Practitioners (Regulations and Maintenance of Standards in Professions, Protecting the Interest of
Clients and Promoting the Rule of Law) Act, 2010.
29. Section 24 of the Legal Practitioners (Regulations and Maintenance of Standards in Professions, Protecting the Interest of
Clients and Promoting the Rule of Law) Act, 2010.
30. Section 25 of the Legal Practitioners (Regulations and Maintenance of Standards in Professions, Protecting the Interest of
Clients and Promoting the Rule of Law) Act, 2010 provides disqualifications.
31. Section 26 of the Legal Practitioners (Regulations and Maintenance of Standards in Professions, Protecting the Interest of
Clients and Promoting the Rule of Law) Act, 2010. 2. (1)(c) Consumer of legal profession includes the clients of legal
professionals and anyone who might have recourse to legal services because of a legal issue and those who are using or are
may be contemplating using services provided by the legal professionals in relation to the legal services arising out of a legal
issue.
32. [Section 2(1)(c) of the Legal Practitioners (Regulations and Maintenance of Standards in Professions, Protecting the Interest of
Clients and Promoting the Rule of Law) Act, 2010.]
33. 2. (1)(b) Client means the clients of the legal professionals who engaged such legal professionals by executing a
vakalatnama/letter of authority, by whatever name it may be known.
34. [Section 2(1)(b) of the Legal Practitioners (Regulations and Maintenance of Standards in Professions, Protecting the Interest of
Clients and Promoting the Rule of Law) Act, 2010.]
35. 2. (1)(e) Ombudsman means the Ombudsman appointed under this Act for redressing the grievances of the clients and
consumers of legal professionals.
36. [Section 2(1)(e) of the Legal Practitioners (Regulations and Maintenance of Standards in Professions, Protecting the Interest of
Clients and Promoting the Rule of Law) Act, 2010.]
37. Section 20 of the Legal Practitioners (Regulations and Maintenance of Standards in Professions, Protecting the Interest of
Clients and Promoting the Rule of Law) Act, 2010.
38. Section 23 of the Legal Practitioners (Regulations and Maintenance of Standards in Professions, Protecting the Interest of
Clients and Promoting the Rule of Law) Act, 2010.
39. Section 22 of the Legal Practitioners (Regulations and Maintenance of Standards in Professions, Protecting the Interest of
Clients and Promoting the Rule of Law) Act, 2010.
40. Sections 27 and 28 of the Legal Practitioners (Regulations and Maintenance of Standards in Professions, Protecting the Interest
of Clients and Promoting the Rule of Law) Act, 2010.
41. Section 29 of the Legal Practitioners (Regulations and Maintenance of Standards in Professions, Protecting the Interest of
Clients and Promoting the Rule of Law) Act, 2010.
42. Section 30 of the Legal Practitioners (Regulations and Maintenance of Standards in Professions, Protecting the Interest of
Clients and Promoting the Rule of Law) Act, 2010.
43. Section 31 of the Legal Practitioners (Regulations and Maintenance of Standards in Professions, Protecting the Interest of
Clients and Promoting the Rule of Law) Act, 2010.
44. Section 34 of the Legal Practitioners (Regulations and Maintenance of Standards in Professions, Protecting the Interest of
Clients and Promoting the Rule of Law) Act, 2010.
45. Schedule I contains the Legal Professionals viz.

1. Qualified lawyers who are not practicing advocate, doing legal services in their chambers.
2. Qualified lawyers engaged in drafting any conveyancing.
3. Income-Tax Practitioners.
4. Sales-Tax Practitioners.
5. Practitioners in Revenue Courts.
6. Customs clearance agents.
7. Customs and Immigration Law Practitioners.
8. Trademark Attorneys/Lawyers.
9. Patent Attorneys/Lawyers.
46. Section 35 of the Legal Practitioners (Regulations and Maintenance of Standards in Professions, Protecting the Interest of
Clients and Promoting the Rule of Law) Act, 2010.

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