When can an Advocate start his own independent Practice and Leave the senior or Not be under Anyone?

 

     WHEN CAN AN ADVOCATE START HIS OWN INDEPENDENT PRACTICE                     AND LEAVE THE SENIOR OR NOT BE UNDER ANYONE?

                                                                                                                       Author

                                                                                                Sidhant Malik, Advocate

                                                                                                    Supreme Court of India

                                                                                                        Mob: +91 7011490440

                                    

The legal profession, governed by centuries-old traditions and statutory frameworks, provides advocates with the privilege to represent clients in courts and tribunals. However, the transition from being a junior lawyer under a senior advocate or a law firm, to establishing an independent practice requires careful consideration of both legal and practical factors.

The decision to leave the senior advocate or a law firm and start an independent practice is one that must be made with an understanding of the advocate's readiness, legal obligations, and professional responsibilities.

This article explores the legal language surrounding when an advocate can commence independent practice.

I. LEGAL PREREQUISITES FOR PRACTICE

The first and foremost requirement for any advocate wishing to start an independent practice is fulfilling the statutory prerequisites outlined in the Advocates Act, 1961. These requirements include:

Educational Qualification: The advocate must hold a valid law degree (LL.B.) from a recognized institution approved by the Bar Council of India (BCI).

Enrolment with the Bar Council: Under Section 24 of the Advocates Act, 1961, the advocate must enrol with the respective State Bar Council. This enrolment grants the individual the right to practice law before various courts and tribunals.

Clearing the All India Bar Examination (AIBE): As per BCI regulations, every advocate must pass the All India Bar Examination (AIBE) in order to obtain a "Certificate of Practice." This certificate is a precondition to starting an independent practice and enables the advocate to appear before courts in India.

Once these legal formalities are completed, the advocate becomes fully licensed to engage in the legal profession. However, opting for independent practice requires more than just meeting statutory obligations.

II. PRACTICAL EXPERIENCE AND MENTORSHIP

While there is no statutory mandate that requires advocates to work under a senior before commencing independent practice, it is widely acknowledged within the legal fraternity that gaining practical experience is essential. In most cases, junior advocates spend the first few years of their practice working under the guidance of a senior advocate or within a law firm.

The period spent as a junior lawyer allows the advocate to:

1.Learn the Court Procedures: Court practice involves understanding procedures, rules, and customs that may not be fully covered during law school. Working under a senior advocate helps in mastering the nuances of court procedure, terminologies used in court, drafting pleadings, and arguing before Hon’ble Courts.

2. Gain Professional Acumen: Beyond legal knowledge, practicing under a senior advocate provides exposure to managing clients, understanding case strategy, and dealing with real-world legal challenges.

3. Establish Professional Networks: The mentorship period allows junior advocates to establish a network within the legal fraternity, including connections with judges, fellow lawyers, and clients. These relationships often prove invaluable when transitioning to independent practice.

It is generally recommended that an advocate works under a senior for a minimum of two to five years before considering independent practice. However, this period may vary based on the advocate's confidence, expertise, and readiness to handle legal matters autonomously.

III. FINANCIAL AND LOGISTICAL CONSIDERATIONS

That Independent practice not only requires legal expertise but also a substantial degree of financial planning and logistical setup. When working under a senior advocate or in a law firm, certain operational expenses are either shared or covered. However, once an advocate decides to branch out independently, they must be prepared for the financial responsibilities that come with running a legal practice.

KEY CONSIDERATIONS INCLUDE:

1. Office Setup: Independent practice entails establishing a professional office space. This includes renting or owning office premises, purchasing legal research tools, and ensuring the office is equipped with the necessary technology and legal databases.

2. Staff and Support: Advocates opting for independent practice may need to hire clerks, paralegals, and other administrative staff to assist in managing the day-to-day affairs of the practice.

3. Financial Buffer: It is important to note that independent practice does not always guarantee immediate income flow. Advocates must ensure that they have adequate financial backing to sustain the initial months, or even years, of practice when clientele may be sparse.

IV. SPECIALIZATION AND EXPERTISE IN A PARTICULAR FIELD OF LAW

Many advocates who transition to independent practice choose to specialize in a specific area of law. Specialization provides the advocate with an edge in a particular legal field, be it criminal law, civil law, corporate law, family law, or intellectual property law. A well-defined area of expertise helps attract clients seeking specialized legal services.

Before venturing into independent practice, an advocate should consider whether they have the requisite expertise in the chosen field. In many cases, the initial years of practice under a senior advocate or law firm enable the advocate to develop in-depth knowledge and experience in a particular area of law.

V. Legal and Ethical Responsibilities

Once an advocate starts independent practice, they are bound by the ethical and professional standards laid down by the Bar Council of India. These include:

1. Upholding Client Confidentiality: As an independent practitioner, the advocate must ensure that client information is kept confidential and used only in the best interest of the case.

2. Avoiding Conflicts of Interest:  Advocates must exercise caution to avoid representing clients whose interest’s conflict with those of previous clients or the advocate’s own interests.

3. Diligence and Competence: Advocates are required to act with diligence and professional competence when representing clients. This implies a thorough understanding of the case and its legal implications.

4. Professional Conduct in Court: Advocates must maintain decorum and professionalism while representing clients in court. They must adhere to the rules of professional conduct and avoid any conduct that could bring disrepute to the legal profession.

VI. Conclusion

The decision to leave the senior and start independent practice is both a significant milestone and a calculated risk in an advocate’s career. While the legal prerequisites such as enrolment with the Bar Council and passing the AIBE are essential, the decision to go independent is often guided by the advocate’s level of experience, financial preparedness, and professional competence.

It is widely advised that advocates spend a few years under the mentorship of a senior advocate or law firm, gaining practical experience and honing their legal skills before transitioning to independent practice. Once they have acquired the necessary legal acumen, financial stability, and ethical awareness, advocates can confidently step into the realm of independent practice, fully prepared to navigate the complexities of the legal profession on their own.