The Supreme Court on Tuesday emphasised that the standard of conduct of Senior Advocates in all respects must be much higher than that of other advocates..Ability, standing at the Bar and special knowledge of law are important qualifications for a lawyer to be considered for the gown, the Bench of Justices Abhay S Oka, Ujjal Bhuyan and SVN Bhatti said..The Court had earlier flagged various issues in the process of designation of Senior Advocates after a Senior Advocate was found to have made various misrepresentations in cases argued by him before the top court..An advocate with a minimum practice of 10 years is considered for senior designation by the High Courts and the Supreme Court.Section 16(2) of Advocates Act states that an advocate can be designated as Senior Advocate if "by virtue of his ability, standing at the Bar or special knowledge or experience in law", he deserves such distinction.In the judgment delivered today, the top court highlighted various qualities a lawyer must possess to become a Senior Advocate..1. Ability.The top court said ability will include "very sound knowledge of law" and especially of the branches of law in which the advocate is practicing. The ability will also include skills of advocacy, which are required to effectively conduct a case."It will include mastery over the art of cross-examination in case of Advocates practicing on the original sides of the High Court or Trial and District/Sessions Courts," the Court explained. However, it also said that writing articles and commentaries on law will be part of ability. "Capacity to rationally critique judicial decisions will be a facet of ability," the Court remarked..2. Standing at the Bar.A lawyer with certain qualities and a reputation built over a span of time can be said to have standing at the Bar, the top court said. It added that "standing at the Bar" is not defined or understood in relation to the number of years an advocate puts in."But the standing at the Bar is a mixture of several qualities of a professional viz: (i) integrity (ii) respect (iii) confidence (iv) dependability (v) honesty (vi) communication skills (vii) confidence and (viii) commitment to administration of justice and rule of law," the Court underscored.It went on list the following qualities for a lawyer to be seen as someone with standing at the Bar:(a) He/she is always fair while conducting cases before the Courts; (b) His/her behaviour with the Judges and other members of the Bar is respectful;(c) He/she maintains decorum while conducting cases before the Court; (d) He/she always acts first as an officer of the Court and, thereafter, a mouthpiece of his/her client; (e) He/she follows the highest standards of professional etiquette and ethics; (f) He/she acts as a mentor to the junior Advocates; (g) He/she does pro bono work; and(h) He/she carries respect in the legal fraternity. .The Court further said that honesty and integrity are the qualities which every member of the Bar, whether senior or otherwise, must possess as a basic feature.However, it also added that merely because an advocate is a good human being, that itself does not qualify him for designation..3. Special knowledge of law .On this aspect, the Court said that a lawyer with special knowledge in subjects like Arbitration, Insolvency and Bankruptcy, Company Law, Intellectual Property Law, Tax Laws etc can also be considered for Senior designation.It emphasised that the designation process must not remain limited to High Courts and the Supreme Court."The Advocates practicing before Trial and District Courts or specialized Tribunals can possess qualification laid down in Section 16(2). The Advocates practicing in Trial/District Courts may have extraordinary skills in drafting pleadings and conducting cross-examination. Considering the very object of the Advocates Act, we must note that an Advocate practicing in Trial and District Courts cannot be treated as inferior to an Advocate who practices in this Court or High Courts," the Court said.When it comes to special knowledge, the Court also clarified that writing articles or books is not an essential criterion for designation..[Read Judgment]
