[section 21 substituted by section 17 of Act 27 of 2002]22. [section 21 substituted by section 17 of Act 27 of 2002], [section 23 repealed by section 19 of Act 27 of 2002]. 7. (3)Any person who contravenes any of the provisions of this section commits an offence.66. (1) Any advocate aggrieved by a decision or order of the Court made under section 64 may appeal therefrom to the Court of Appeal in the manner and within the time prescribed by the rules made from time to time by the Court relating to second appeals in civil matters. Hope you like it.Please do like, share and subscribe. (3)The agreement may be sued and recovered on or set aside in the like manner and on the like grounds as an agreement not relating to the remuneration of an advocate; except that if on any taxation of costs the agreement is relied on by the advocate and objected to by the client as unfair or unreasonable, the taxing officer shall inquire into the facts and certify them to the court, and if on that certificate it appears just to the court that the agreement should be cancelled, or the amount payable under it reduced, the court may order the agreement to be cancelled, or the amount payable under it reduced, and may give such consequential directions as it thinks fit. (2)Every advocate-trustee shall preserve, for at least six years from the date of the last entry therein, all books and accounts kept by him or her under subrule (1) of this rule. (2)The fees under subsection (1) shall include-(a)fees for application for enrolment under section 7 of this Act;(b)payment for a special practising certificate under section 12 of this Act;(c)payment for expenses of the Disciplinary Committee under section 19 of this Act;(d)any other payments that may appropriately arise under the provisions of this Act. [subsection (5) amended by section 12(c) of Act 27 of 2002](6)All proceedings before the Disciplinary Committee shall be deemed for the purposes of Chapter X of the Penal Code Act to be judicial proceedings. relating to movable or immovable property or any legal proceeding; for or in relation to the formation of any limited liability company whether private or public; for or in relation to the making of a deed of partnership or the dissolution of a partnership. According to Section 3(2)(a), the Advocate General of the concerned state is the ex-officio member of the State Bar Council. (1)The registrar shall inform the secretary of the Uganda Law Society of the making of any entry in respect of any advocate on the roll and of the removal from or the striking off the roll of the name of any advocate in accordance with this Act. (2)The agreement may provide for the remuneration of the advocate by a gross sum, or by commission or percentage, or by salary or otherwise, and it may be made on the terms that the amount of the remuneration stipulated in the agreement for either shall or shall not include all or any disbursements made by the advocate in respect of searches, plans, travelling, stamps, fees or other matters. (2)Notwithstanding subsection (1), a bank at which an advocate keeps an account for clients money or trust money shall not, in respect of any liability of the advocate to the bank, not being a liability in connection with that account, have or obtain any recourse or right, whether by way of setoff, counterclaim, charge or otherwise, against monies standing to the credit of that account.48. Part I Interpretation Agreements exempting advocates from negligence to be void (1)Any person against whom an order has been made by the Disciplinary Committee under section 33 may, within fourteen days of the date of the order, appeal against the order to the High Court, by giving notice of appeal to the registrar, and shall file with the registrar a memorandum setting out his or her grounds of appeal within thirty days after the giving by him or her of the notice of appeal. (13)Notwithstanding subsection (1), the Law Council may make regulations under which a person to whom this section applies, other than a person referred to in subsection (8)(a), (10) or (11), may be required to undergo courses of study in such subjects relevant to the law in force in Uganda as may be specified in the regulations and to satisfy examiners in those subjects. (2)No person shall take or use any name, title, addition or description implying that he or she holds any legal qualification unless he or she in fact holds that legal qualification. (2)In this and sections 57, 58 and 59, the expression advocate includes the executors, administrators and assignees of the advocate in question.57. Savings of other laws The Bar Council can acquire and hold a property. The Act consolidates existing laws related to the legal profession. (1)There is established a Committee called the Disciplinary Committee which shall consist of(a)the Solicitor-General or his or her representative not below the rank of Principal State Attorney;(b)the Director of the Law Development Centre;(c)the President of the Uganda Law Society;(d)any other two members appointed by the Law Council from among its members. He shall not blindly follow the instructions of the client. definitions. Nothing in this rule shall apply to stock, shares and debentures of government securities, or to any instruments, which are, for the time being, by law or custom, negotiable or to any mercantile document of title to goods. Notwithstanding any rules for the time being in force, an, shall not affect the amount of, or any rights or remedies for the recovery of, any, shall be deemed to exclude any claim by the. (1)The powers conferred upon the High Court by section 25 shall be exercised by three judges of the High Court. Subject to sections 52 and 53, the costs of an advocate in any case where an agreement has been made under section 50 shall not be subject to taxation nor to the subsequent provisions of this Part of this Act with respect to the signing and delivery of an advocates bill.55. ]An Act to amend and consolidate the law relating to advocates and to make general provisions for purposes connected with the legal profession.Part I Interpretation Part I - Interpretation 1. which the client for his or her own convenience requests the advocate to withhold from such account; which is received by him or her for or towards payment of a debt due to the advocate from the client or in reimbursement of money expended by the advocate on behalf of the client; or. According to Section 3(3), there shall be a Chairman and a Vice-Chairman of the State Bar Council, elected in the manner prescribed. The Advocates act 1961 provides and protects the following rights to an advocate in India: Right to Practice (Section 30) The right to practice in the court is the exclusive right that is given to an advocate who is enrolled in the Bar Council of India. Power of court to order advocate to deliver his or her bill, deeds, etc. The Indian parliament passes an act with the purpose or motive of establishing laws governing legal practitioners. ULII is also an end user interface for the Electronic Court Case Management Information System. Definitions 1 [ (1)] In this Act, unless the context otherwise requires,- (a) "advocate" means an advocate entered in any roll under the provisions of this Act; (b) "appointed day", in relation to any provision of this Act, means the day on which that provision comes into force; who are unable for any other cause to practise. The chairperson of the Disciplinary Committee shall be appointed by the Law Council from the members of the committee and shall preside at all meetings at which he or she is present. Deposit of costs before instituting inspection of accounts (2)Any advocate who contravenes or fails to comply with any of the provisions of subsection (1) commits an offence and is alternatively or in addition liable to proceedings under section 20.75. Power of High Courts to make rules: Chapter V: Conduct Of Advocates: 35: Punishment of Advocates for misconduct: 36: Disciplinary powers of Bar Council of India: 36A: No member of the Disciplinary Committee, nor any person who is or was at any material time a member, or the secretary of the committee, shall be liable to be sued in any civil court for or in respect of any act or thing done or omitted to be done, or ordered by him or her to be done or omitted, in good faith, in the exercise, discharge, or performance, or intended or purported exercise, discharge or performance, of any of the powers, jurisdiction, duties or functions conferred upon him or her under or by virtue of this Act.Part VI Accounting by advocates So by this power given under the act Bar Council of India made certain rules which were published in the year 1975 in the official gazette. [subsection (1) substituted by section 2(A) of Act 27 of 2002], that office shall become vacant and the vacancy shall be filled by the appointing authority. If any act is done by a body corporate or by any director, officer or servant of the body corporate, of such a nature or in such a manner as to be calculated to imply that the body corporate is qualified, or recognised by law as qualified to act as an advocate, the body corporate commits an offence and is liable on conviction to a fine not exceeding fifty currency points and, in the case of an act done by any director, officer or servant of the body corporate, he or she, without prejudice to the liability of the corporation, commits an offence and is liable on conviction to a fine not exceeding twenty currency points or imprisonment for a period not exceeding six months or to both. (3)Before making any such appointment, the committee shall consider any objection made by the advocate to the appointment of a particular person on personal or other proper grounds. Interpretation Not promote unauthorized practice of law. (5)Subject to the provisions of this section, the Committee shall have power to regulate its own proceedings and may make regulations governing its procedures. Nothing in this Act shall supersede, lessen or interfere with the jurisdiction of any court, inherent or otherwise, to deal with misconduct or offences by an advocate, or any person entitled to act as such, committed during, or in the course of, or relating to, proceedings before the court.18. [subsection (4) amended by section 11(b) of. (3)If the Chairperson or any of the members of the Law Council appointed under paragraph (g) or (h) of subsection (1)(a)dies,(b)resigns;(c)is absent from Uganda for a continuous period exceeding six months; or(d)is, in the opinion of the Attorney-General, unable, by reason of infirmity of body or mind to perform the duties of that office,that office shall become vacant and the vacancy shall be filled by the appointing authority. Clerks right of appeal An Act to amend and consolidate the law relating to the legal practitioners and to provide for the constitution of Bar Councils and an All-India Bar. (7)Every application under this section shall be made and advertised in such manner as may be prescribed by regulations made by the Law Council. (10)In the case of a person to whom paragraph (b) (ii) of subsection (8) of this section applies, being a person who has practised as a legal practitioner for one year or more, but less than five years, that person is not eligibie for enrolment under this section unless he or she works under the surveillance of and in chambers approved by the Law Council for that purpose or he or she serves as a State Attorney for at least one year. An advocate should not trade or agree to receive any share or interest in any actionable claim. It shall be the duty of an advocate fearlessly to uphold the interests of his client by all fair and honourable means. Penalty for unqualified persons preparing certain instruments In the hierarchy mentioned above, starting from the Attorney General of India to have the right of pre-audience and at last, the right is available to other advocates. (4)The quorum at meetings of the Committee shall be five members but subject to the requirement of a quorum, the Committee may act notwithstanding any vacancy at the meeting. (3)With the consent of both parties the taxing officer may refer any matter in dispute arising out of the taxation of a bill of costs for the opinion of a judge of the High Court. 7. Subject to rule 8 of these Rules, every advocate who holds or receives clients money, or money which under rule 3 of these Rules he or she is permitted and elects to pay into a client account, shall without delay pay the money into a client account. (6)The High Court may, upon a review under this section, confirm or reverse or vary the decision of the Law Council and make such other orders as the Court may think fit. An advocate should not by any means, directly or indirectly, disclose the communications made by his client to him. Establishment of the Disciplinary Committee Any person who is admitted to practise as an advocate under this section shall be subject to the provisions of this Act as if he or she were an advocate for so long as he or she is concerned in the matter or case in respect of which he or she was admitted to practise. . Whenever an advocates right to practise as such is suspended, his or her practising certificate shall likewise be suspended; and he or she shall return it to the registrar who shall retain it for so long as the advocates suspension is in force. 19. (2)The chairperson of the Law Council shall preside at all meetings at which he or she is present; in the absence of the chairperson from any meeting, the Law Council may appoint any of its members to be chairperson of that meeting. (2)Meetings of the Committee shall be held at such times and places as the Chairperson of the Committee may determine. A practising certificate shall be valid until the thirty-first day of December next after its issue, and it shall be renewable on application being made on such form and on payment of such fee as the Law Council may, by regulations, prescribe; and different fees may be prescribed for different categories of advocates. Appeal against order of the Disciplinary Committee In arriving at a decision under paragraph (d) of subsection (3) of this section, the Attorney-General shall act on the advice of a medical board which shall be constituted at his or her request by the professional head of the medical services in Uganda. Any person who, without lawful excuse, contravenes or fails to comply with any order, notice or direction of the Disciplinary Committee commits an offence and, in the case of an advocate, is, alternatively or in addition, liable to proceedings under section 20.39. In arriving at a decision under paragraph (d) of subsection (3) of this section, the Attorney-General shall act on the advice of a medical board which shall be constituted at his or her request by the professional head of the medical services of Uganda. Under this act, it has been made clear that no individual holds the right to make an advertisement or solicit as it is solely against the code of ethics. (5)Any advocate who contravenes or fails to comply with any of the provisions of regulations made under subsection (4) commits an offence. is an undischarged bankrupt or in respect of whom a receiving order in bankruptcy is in force; is a person adjudged to be of unsound mind under the Mental Treatment Act; has not satisfied any regulations made by the. If notice is not given by the party chargeable with the bill as provided in subsection (1) within the period specified in that subsection, then, on the application either of the, if twelve months have expired from the delivery of the bill, or if the bill has been paid, or if a decree, judgment or order has been obtained in a. in no event shall any such order be made after the expiration of twelve months from the payment of the bill. 74 of 1964. [subsection (3A) inserted by section 16(ii) of Act 27 of 2002](4)After hearing the complainant and the advocate to whom the complaint relates, if he or she wishes to be heard, and considering the evidence adduced, the Disciplinary Committee may order that the complaint be dismissed or, if of the opinion that a case of professional misconduct on the part of the advocate has been made out, the committee may order(a)that the advocate be admonished;(b)that the advocate be suspended from practice for a specified period not exceeding two years;(c)that the name of the advocate be struck off the roll;(d)that the advocate do pay a fine not exceeding two hundred and fifty currency points;[paragraph (d) substituted by section 16(iii) of Act 27 of 2002](e)that the advocate do pay to any person who has suffered loss as a result of the misconduct of the advocate, such sum as, in the opinion of the Committee is just, having regard to the loss suffered by the aggrieved party. (1)Whenever an advocates name is removed or struck off from the roll for any cause, his or her practising certificate shall immediately be deemed to be cancelled, and he or she shall return it to the registrar. ADVOCATES ACT, 1961Italic text. a cheque or draft received by the advocate, which under rule 4 of these Rules he or she is entitled to split but which he or she does not split. During the presentation of his case and also while acting before a court, an advocate should act in a dignified manner. any person in the full-time employment of a limited liability company drawing or preparing instruments in the course of his or her duty for and on behalf of that company. Penalty on unqualified person acting in preparation of papers for probate, etc. How are advocates enrolled under the advocate Act? Duties of an Advocate (1)The Law Council and the Committees established under this Act shall have powers to charge fees in the performance of their functions under this Act. Temporary admission to right to practise [subsection (5) amended by section 12(c) of Act 27 of 2002](6)All proceedings before the Disciplinary Committee shall be deemed for the purposes of Chapter X of the Penal Code Act to be judicial proceedings. (1)Without prejudice to any other provision of this Act, the Law Council may make regulations with regard to(a)any matter concerning the professional practice, conduct and discipline of advocates;(b)the appropriate dress or robe of advocates for their appearance before a court;(c)the manner in which advocates shall keep accounts;(d)the annual submission to the registrar by advocates of a certificate, signed by an accountant holding one or more of the qualifications specified in the regulations, that he or she has examined the books, accounts, and documents to such extent as may be prescribed;(e)the scale of fees to be charged by advocates for conveyancing and other noncontentious business and of costs in respect of contentious business whether as between party and party or advocate and client and providing for the manner and procedure of taxation thereof by officers of the courts and all matters connected with the allowance and disallowance of costs, fees and disbursements;(f)the granting of a special rank (howsoever styled) to advocates of long standing, skill and experience, the regulating of their practice and restricting such practice to certain courts;(g)the provision of legal aid and advice to indigent persons; and(h)the safeguarding of the interest or property of the clients of advocates(i)whose names have been struck off the roll;(ii)whose right to practise has been suspended; or(iii)who are unable for any other cause to practise. The powers conferred upon the High Court by, The decision of the majority of the judges on any appeal filed under, Every decision or order of the High Court made under, Where an order has been made by the High Court under. no pleading or contract or other document made or action taken by the advocate on behalf of any client shall be invalidated by any such event; and in the case of any proceedings, the case of the client shall not be dismissed by reason of any such event; the client who is a party in the proceedings shall, where necessary, be allowed time to engage another advocate or otherwise to make good any defects arising out of any such event. the Chairperson of the Committee on Legal Education and Training; the Solicitor-General or his or her representative not below the rank of Principal State Attorney; the Director of the Law Development Centre; the Dean of the Faculty of Law of Makerere University; two practising advocates elected by the Uganda Law Society; a judicial officer not below the rank of a Chief Magistrate appointed by the Magistrates through their national professional body by whatever name called; [subsection (1) substituted by section 2(A) of, If the Chairperson or any of the members of the, is absent from Uganda for a continuous period exceeding six months; or. a Judge of the Courts of Judicature, appointed by the Attorney-General in consultation with the Chief Justice; the Dean of the Faculty of Law at Makerere University or his or her representative being a person not below the rank of Senior Lecturer; the Director of the Law Development Centre or his or her representative being a person not below the rank of Senior Lecturer; a representative of the Uganda Law Society elected by that Society; a representative of the Ministry responsible for justice appointed by the Attorney-General; one person nominated by institutions engaged in continuing legal education, and appointed by the. A special committee gets formed when a State Bar Council fails to conduct the election of its member. The person on conviction for an offence that involves moral turpitude. No money, other than money which under rules 2, 3 and 4 of these Rules an advocate is required or permitted to pay into a trust bank account, shall be paid into a trust bank account. No member of the Disciplinary Committee, nor any person who is or was at any material time a member, or the secretary of the committee, shall be liable to be sued in any civil court for or in respect of any act or thing done or omitted to be done, or ordered by him or her to be done or omitted, in good faith, in the exercise, discharge, or performance, or intended or purported exercise, discharge or performance, of any of the powers, jurisdiction, duties or functions conferred upon him or her under or by virtue of this Act.Part VI Accounting by advocates An advocates sign-board or name-plate should be of a reasonable size. [subsection (1) amended by section 23(a) of Act 27 of 2002](2)In this section "prescribed country" means any country in respect of which the Attorney-General declares by statutory order, that he or she is satisfied that reciprocal effect will be given under the laws of that country to orders made by the Disciplinary Committee under this Act for the suspension of advocates from practice or for striking the names of advocates off the Roll. (1)Where a person, other than the person who is the party chargeable with the bill for the purposes of section 58, has paid, or is, or was, liable to pay, the bill either to the advocate or to the party chargeable with the bill, that person or his or her administrators, executors or assignees may apply to the court under section 58(5) for an order for the taxation of the bill as if he or she were the party chargeable with the bill, and the court may make on that application the same order, if any, as it might have made if the application had been made by that party; but in cases where the court has no power to make an order except in special circumstances, the court may, in considering whether there are special circumstances sufficient to justify it in making an order, take into account circumstances affecting the applicant, but which do not affect the party chargeable with the bill. shall appoint a trustee to take care of the interests of the practitioner's clients and the pending matters of the practitioner. On the termination of the hearing of a complaint, if the Disciplinary Committee decides to suspend an advocate or strike him or her off the Roll, the Committee shall notify the Registrar of its decision and the Law Council shall(a)cause the decision of the Committee to be published in the Gazette and also in a newpaper circulating in the whole of Uganda;(b)cause the Registrar of the High Court to be notified of the decision; and(c)cause all Chief Magistrates to be notified of the decision. (2)Whenever an advocates right to practise as such is suspended, his or her practising certificate shall likewise be suspended; and he or she shall return it to the registrar who shall retain it for so long as the advocates suspension is in force. [section 24 substituted by section 20 of Act 27 of 2002]25. (2)The registrar shall cause to be published in the Gazette a notice that a final order has been made in respect of any advocate by which he or she has been suspended from practice or by which his or her name has been struck off the roll. (2)The requirements referred to in subsection (1) are as follows(a)the bill must be signed by the advocate, or if the costs are due to a firm, one partner of that firm, either in his or her own name or in the name of the firm, or be enclosed in, or accompanied by, a letter which is so signed and refers to the bill; and(b)the bill must be delivered to the party to be charged with it, either personally or by being sent to him or her by registered post to, or left for him or her at, his or her place of business, dwelling house, or last known place of abode,and where a bill is proved to have been delivered in compliance with these requirements, it shall not be necessary in the first instance for the advocate to prove the contents of the bill (which shall be presumed until the contrary is shown) to be a bona fide bill complying with this Act.58. . 12. Section 34 of Advocates Act, 1961 Section 34 : Power of High Courts to make rules (1) The High Court may make rules laying down the conditions subject to which an advocate shall be permitted to practice in the High Court and the courts subordinate thereto. About Us | Sitemap | Copyright/DMCA Policy | Privacy Policy | Terms of Use | Disclosures/Disclaimers | Refund Policy, Advocates Act: The backbone of Legal Profession. The registrar shall issue a practising certificate to every advocate whose name is on the roll and who applies for such a certificate on such form and on payment of such fee as the Law Council may, by regulations, prescribe; and different fees may be prescribed for different categories of advocates. An advocate should, at the commencement of his engagement and during the continuance thereof, make all such full and frank disclosure to his client relating to his connection with the parties and any interest in or about the controversy as are likely to affect his clients judgement in either engaging him or continuing the engagement. The Committee may make such combination of the orders referred to in subsection (4) as the Committee thinks fit. An advocate shall by no means suppress any material or evidence, which shall prove the innocence of the accused. No: 25 Dated: May, 19 1961 . (1)Where(a)an advocate practises as an advocate contrary to subsection (1) of section 14; or(b)in any proceedings, for any reason, an advocate is lawfully denied audience or authority to represent a party by any court or tribunal; then(i)no pleading or contract or other document made or action taken by the advocate on behalf of any client shall be invalidated by any such event; and in the case of any proceedings, the case of the client shall not be dismissed by reason of any such event;(ii)the client who is a party in the proceedings shall, where necessary, be allowed time to engage another advocate or otherwise to make good any defects arising out of any such event. Free delivery on qualified orders. To frame rules related to professional ethics. To decide the doubts and disputes related to the election of the Bar Council members and appointment of Chairman and Vice-Chairman. Section 30 of the Advocates Act permits advocates to practice in all . if it is of the opinion that the agreement is in all respects fair and reasonable, may enforce it; if it is of the opinion that the agreement is in any respect unfair or unreasonable, may declare it void and may order it to be given up to be cancelled and may order the, in any case, may make such orders as to the, be signed by the person to be bound by it; and, contain a certificate signed by a notary public (other than a notary public who is a party to the agreement) to the effect that the person bound by the agreement had explained to him or her the nature of the agreement and appeared to understand the agreement. (2)No person shall take or use any name, title, addition or description implying that he or she holds any legal qualification unless he or she in fact holds that legal qualification. An Act to amend and consolidate the law relating to legal practitioners and to provide for the constitution of the Bar Councils and an All-India Bar. We have applied the amendments to what we believe to be the correct provisions. Subject to the provisions of this Act and any rules made thereunder, there shall, as from the appointed day, be only one class of persons entitled to practise the profession of law, namely, advocates. [subsection (2) amended by section 22 of Act 27 of 2002](3)Where an advocate is a member of an Inn of Court, Law Society or other professional body outside Uganda, or is subject to the jurisdiction for the purposes of discipline of a professional body outside Uganda, the registrar shall also send to that professional body a certified copy of every final order made suspending or striking off the name of the advocate from the roll. (1)Every advocate-trustee shall at all times keep properly written up such books and accounts as may be necessary(a)to show separately all his or her dealings with money held, received or paid by him or her on account of each trust of which he or she is advocate-trustee; and(b)to distinguish that money from money held, received or paid by him or her on any other account. (1)Any person other than an advocate who shall either directly or indirectly act as an advocate or agent for suitors, or as such sue out any summons or other process, or commence, carry on or defend any suit or other proceedings in any court, unless authorised to do so by any law, commits an offence. is in the opinion of the Attorney-General, unable by reason of infirmity of body or mind to perform the duties of that office, that office shall become vacant and the vacancy shall be filled by the appointing authority. Failure to comply with provisions of this Part [Part IIA inserted by section 7 of Act 27 of 2002]6A. Except as otherwise expressly provided in this Act, all offences under this Act, where no indictment is filed, shall be tried by a magistrates court presided over by a chief magistrate or a magistrate grade I.79. (3)Notwithstanding the funds obtained under subsections (1) and (2) of this section, any expenses incurred by the Law Council and the Committees established under this Act, in the performance of their functions or duties under this Act, shall be defrayed out of the moneys provided by Parliament. Upon receipt of a complaint, the Secretary to the Disciplinary Committee shall, as soon as is practicable, refer the complaint to the Committee, which shall fix a date for the hearing of the complaint. There may be drawn from a trust bank account. (1)No person, not being an advocate, shall pretend to be an advocate, or shall take or use any name, title, addition or description implying that he or she is qualified or recognised by law as being qualified to act as an advocate. (3)The Law Council may make regulations as to the manner in which petitions made under subsection (2) shall be heard and any such regulations may(a)limit the frequency with which the petitions may be made; and(b)make provisions for the giving of security for the costs of the petition. Any advocate may keep one client account or as many of such accounts as he or she thinks fit.3.There may be paid into a client account(a)trust money;(b)such money belonging to the advocate as may be necessary for the purpose of opening or maintaining the account;(c)money to replace any sum which may, by mistake or accident, have been drawn from the account in contravention of rule 7(2) of these Rules; and(d)a cheque or draft received by the advocate, which under rule 4 of these Rules he or she is entitled to split but which he or she does not split.4.Where an advocate holds or receives a cheque or draft which includes clients money or trust money of one or more trusts(a)he or she may where practicable split the cheque or draft and, if he or she does so, he or she shall deal with each part of it as if he or she had received a separate cheque or draft in respect of that part; or(b)if he or she does not split the cheque or draft, he or she shall, if any part of it consists of clients money, and may in any other case, pay the cheque or draft into a client account.5.No money, other than money which under rules 2, 3 and 4 of these Rules an advocate is required or permitted to pay into a client account, shall be paid into a client account.6.There may be drawn from a client account(a)in the case of a clients money(i)money properly required for a payment to or on behalf of the client;(ii)money properly required for or towards payment of a debt due to the advocate from the client or in reimbursement of money expended by the advocate on behalf of the client;(iii)money drawn on the clients authority; and(iv)money properly required for or towards payment of the advocates costs where a bill of costs or other written intimation of the amount of the costs incurred has been delivered to the client and the client has been notified that money held for him or her will be applied towards or in satisfaction of the costs;(b)in the case of trust money(i)money properly required for a payment in the execution of the particular trust; and(ii)money to be transferred to a separate bank account kept solely for the money of the particular trust;(c)such money, not being money to which either paragraph (a) or (b) of this rule applies, as may have been paid into the account under rule 3(b) or (d) of these Rules; and(d)money which may, by mistake or accident, have been paid into the account in contravention of rule 5 of these Rules,except that in any case under paragraph (a) or (b) of this rule the money so drawn shall not exceed the total of the money held for the time being in the account on account of the client or trust.7. All applicants for enrolment as advocates are required under Section 24 (1) (f) of the Advocates Act, 1961 to pay an enrolment fee of Rs. (1)Subject to this section, no bank shall, in connection with any transaction on any account of any advocate kept with it or with any other bank (other than an account kept by an advocate as trustee for a specified beneficiary), incur any liability or be under any obligation to make an inquiry or be deemed to have any knowledge of any right of any person to any money paid or credited to any such account which it would not incur or be kept under or be deemed to have in the case of an account kept by a person entitled absolutely to all the money paid or credited to it; but nothing in this subsection shall relieve a bank from any liability or obligation to which it would be subject apart from this Act. (11)In the case of a person to whom paragraph (b) (ii) of subsection (8) applies, being a person who has practised as a legal practitioner for five years or more, that person may be enrolled without having to work in chambers approved by the Law Council for that purpose or serving as a State Attorney. Bar Council of India Rules 6. [subsection (2) amended by section 12(b) of Act 27 of 2002]15A. Section 29 of the Advocate Act, 1961, lays down provisions that "the Advocates are the only recognized class of persons entitled to practice law". (1)The parties to the appeal may be represented by an advocate before the High Court and the Law Council shall have the right to appear, by advocate, for the purpose of representing to the High Court the findings of the Disciplinary Committee. He should retire from the case without jeopardising his clients interests. [subsection (4) amended by section 11(b) of Act 27 of 2002](5)The Chief Justice may make rules as to the manner in which petitions made under subsection (4) shall be heard and may by rules limit the frequency with which the petitions may be made. The Advocates Accounts Rules The transitional and saving provisions in the Third Schedule to this Act shall have the effect notwithstanding any other provision of this Act. An advocate cannot enrol under more than one State Council but can transfer from one state bar council to another. The Taxation of Costs (Appeals and References) Rules. In this section, "appointing authority" means the authority responsible for appointing or electing under subsection (1), a person to whom subsection (3) of this section applies. Penalties for failure to comply with orders of the Disciplinary Committee BE it enacted by Parliament in the Twelfth Year of the Republic of India as follows: CHAPTER I PRELIMINARY 1. The balance in the account can be the amount paid by the client or an amount that has come in that proceeding. [section 70 amended by section 12(e) of Act 27 of 2002]. They are responsible for acting as a role model for junior members in the profession. To supervise functions performed by the state bar council. Disciplinary powers as to clerks No costs recoverable for acts constituting an offence (2)Any person eligible to have his or her name entered on the Roll may make application to the Law Council, and the Law Council, if satisfied that the applicant is so eligible and is a fit and proper person to be an advocate, shall, unless cause to the contrary is shown to its satisfaction, direct the Registrar, on receipt of the prescribed fee, to enter the applicant's name on the Roll, and the Registrar shall comply with the direction. The fee mentioned in subsection (2) of this section shall be prescribed by the Attorney-General by statutory instrument. [subsection (2) amended by section 12(b) of Act 27 of 2002]15A. When the number of Advocates in the state roll is less than 5000, the number of members of the Bar Council is 15. Q&A, Free Test etc on the website. 258, 1964 Revision (which is set out in Part 2 of this Schedule) shall remain in force until revoked or replaced by a statutory instrument made under this Act, and shall be deemed to be modified so as to make it consistent with this Act.2.Where the provisions of section 77 of this Act are in conflict with the provisions of section 40 of the Judicature Act, the provisions of section 77 of this Act shall prevail.Part 2 In the event of there being any complaint or matter pending before the Disciplinary Committee at the date of retirement of any member of the committee, where the committee had, prior to that date, entered upon the hearing of the complaint or matter in accordance with. Adjust fees after termination of proceedings. Be it enacted by Parliament in the Twelfth Year of the Republic of India as follows: LEGISLATIVE HISTORY Chapter I Preliminary 1. Nothing in this Part of this Act or in the Advocates Accounts Rules or the Advocates Trust Accounts Rules shall deprive an advocate of any recourse or right, whether by way of lien, setoff, counterclaim, charge or otherwise against monies standing to the credit of a client account or a trust bank account. An advocate should refuse to act in an illegal or improper manner towards the opposing counsel or the opposing parties. Article 214 of the Constitution of India m Read More Time and tide have no mercy and binds every aspect of human culture. (2)Advocates who are granted a special rank in accordance with regulations made under section 77(1)(f) shall take precedence over all other advocates, and, inter se, according to the date on which they are granted the special rank. [subsection (3) substituted by section 5(b) of Act 27 of 2002](4)Any question before the Law Council shall be decided by a majority of votes of the members present and voting; and the chairperson of the meeting shall, in addition to his or her deliberative vote, have a casting vote in cases where the votes are equally divided. The Council's Enrolment Committee may scrutinise a candidate's application. to prescribe the standards and courses for training and recognition of para-legals and their functions. Every advocate and every person otherwise entitled to act as an advocate shall be an officer of the High Court and shall be subject to the jurisdiction of the High Court and, subject to this Act, to the jurisdiction of the Disciplinary Committee. An advocate on common roll has a right to practice in any court of the country including the Supreme Court. (4)In arriving at a decision under paragraph (d) of subsection (3) of this section, the Attorney-General shall act on the advice of a medical board which shall be constituted at his or her request by the professional head of the medical services in Uganda. money which may, by mistake or accident, have been paid into the account in contravention of rule 5 of these Rules, No money drawn from a client account under rule 6(a)(ii) or (iv), (c) or (d) of these Rules, shall be drawn except by, a cheque drawn in favour of the advocate; or. The Act confers power on the High Court to prescribe rules enabling an advocate to practice in High Court and inferior Courts. (1)Any person against whom an order has been made by the Disciplinary Committee under section 33 may, within fourteen days of the date of the order, appeal against the order to the High Court, by giving notice of appeal to the registrar, and shall file with the registrar a memorandum setting out his or her grounds of appeal within thirty days after the giving by him or her of the notice of appeal. Penalty for inducing clients to abandon their advocates Roll of advocates ], [Note: the following terms were substituted throughout this Act by section 26 of Act 27 of 2002: "his or her" for "his", "he or she" for "he", "him or her" for "him", "himself or herself" for "himself", and "chairperson" for "chairman".]. Establishment of the Law Council (3)The provisions of sections 24, 25, 26 and 27 shall, with necessary modifications, apply mutatis mutandis to the hearing of appeals under this section, except that such appeals shall be heard and determined by a single judge of the High Court.35. To enrol the qualified persons as an advocate. [section 3A inserted by section 6 of Act 27 of 2002]4. It abolishes the difference between a vakil and an advocate. In this Part of this Act, unless the context otherwise requires, expressions defined in the Advocates Accounts Rules and the Advocates Trust Accounts Rules shall have the meanings assigned to them in those rules. Offences and penalties with respect to employment of clerks against whom an order is in force (3)Subject to any regulations made under subsection (4), or under section 77(1)(f), every advocate who has in force a practising certificate may practise as such in the High Court or in any court subordinate to the High Court. (1)The registrar shall issue a practising certificate to every advocate whose name is on the roll and who applies for such a certificate on such form and on payment of such fee as the Law Council may, by regulations, prescribe; and different fees may be prescribed for different categories of advocates. (1)If a mortgage is made to an advocate, either alone or jointly with any other person, he or she or the firm of which he or she is a member, shall be entitled to recover from the mortgagor in respect of all business transacted and acts done by him or her or them in negotiating the loan, deducing and investigating the title to the property, and preparing and completing the mortgage, such usual costs as he or she or they would have been entitled to receive if the mortgage had been made to a person who was not an advocate and that person had retained and employed him or her or them to transact that business and do those acts. The term for the elected member of the State Bar Council should be five years from the date of publication of the election result. General provisions as to taxation [section 45 amended by section 12(d) of Act 27 of 2002]46. (1)Notwithstanding these Rules, an advocate shall not be under obligation to pay into a client account clients money held or received by him or her(a)which is received by him or her in the form of cash, and is without delay paid in cash in the ordinary course of business to the client or a third party;(b)which is received by him or her in the form of a cheque or draft which is endorsed over in the ordinary course of business to the client or a third party and is not passed by the advocate through a bank account; or(c)which he or she pays into a separate banking account opened or to be opened in the name of the client or of some person named by the client. (3)Subject to any regulations, upon every taxation of costs with respect to any contentious business, the taxing officer may(a)allow interest at such rate and from such time as he or she thinks just on monies disbursed by the advocate for the client, and on monies of the client in the hands of, and improperly retained by the advocate;(b)in determining the remuneration of the advocate, have regard to the skill, labour and responsibility involved in the business done by him or her.56. A person shall not be admitted as an advocate under the following conditions. 2. 1. that office shall become vacant and the vacancy shall be filled by the appointing authority. (2)An advocate may, with respect to any contentious business to be done by him or her, take security from his or her client for his or her costs to be ascertained by taxation or otherwise. 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