Bar Council of India's notice: Advocates' declaration of existence in profession

Bar Council of India's notice: Advocates' declaration of existence in profession

The Bar Council of India (BCI) has issued an urgent notice addressing concerns and potential misinformation surrounding the Advocates' Declaration of Existence in the legal profession. This notice aims to provide clarity and caution in light of certain issues related to notifications by State Bar Councils, individual advocates, and members of State Bar Councils.

Contrary to previous communications from various State Bar Councils, the BCI emphasizes the need for advocates, including those listed as voters in previous Bar Council Elections, to substantiate their existence in the legal profession during the verification process. This verification is mandatory either after five years or when submitting fresh verification forms.

To facilitate this verification process, advocates are required to submit essential documents such as vakalatnama, order sheets, or proof of drafting and deeds in non-litigious work, in accordance with the Bar Council of India Certificate and Place of Practice (Verification) Rules, 2015.

The BCI stresses the importance of correcting any incorrect declarations promptly. Advocates are urged to meticulously review and rectify their submissions, aligning them with the established guidelines. Additionally, State Bar Councils are directed to promptly reiterate this aspect to all applicants.

For compliance with Form A Column III, advocates are reminded to submit:

  1. certified copies of at least five Vakalatnamas or any other document/cause list establishing five years of active practice. 

  2. Law firm-associated advocates are required to provide a certificate from the authorized personnel detailing the period of service and nature of work.

  3. Conveyancing lawyers must submit five documents from the last three years supporting their claim of being a conveyancing practice lawyer.

Advocates are also reminded to provide details and updates on their educational qualifications and disclose any filed/pending criminal cases. The cooperation of advocates in promptly addressing any inaccuracies in their submissions is highlighted as crucial for the sanctity of the verification process.

The verification process is currently being monitored by a High-Level Committee constituted on the request of the Bar Council of India by the Hon’ble Supreme Court of India. The Committee has decided to focus on verification from the 1990 enrolments onward, deferring the verification of pre-1990 enrolments to a later stage.

The BCI expresses trust in the esteemed advocates, urging them to take immediate steps to ensure compliance and uphold the integrity of the legal profession. The Secretaries of State Bar Councils are requested to circulate this information among advocates enrolled under their jurisdiction, ensuring verification is carried out in accordance with the stipulated procedure and the Bar Council of India Certificate and Place of Practice (Verification) Rules, 2015.

Click to Read/Download BCI Notice.

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