Advocate

What is an Advocate

An Advocate is a person who argues for the cause of another person in front of any other judicial authority. Black Law’s Dictionary defines ‘Advocate’ as the one who assists defends, or pleads for another; one who renders legal advice and aid and pleads the cause of another before a court.

An advocate engages in a case in multiple capacities, it may be as a lawyer representing the parties, a standing counsel for an organisation, or as a party in person.

Official Definition of Advocate

An Advocate is a person authorized to appear in litigation on behalf of a party who possesses a law degree, enrolled with the Bar Council per the prescriptions laid by the Advocates Act, 1961. According to the act, an “advocate” means an individual who entered any role under its provisions.

"Advocate" means and includes an advocate entered in any role maintained under the provisions of the Advocates Act, 1961 and shall also include government pleaders/advocates and officers of the Department of Prosecution.

Additionally, under the Advocates’ Welfare Fund Act, 2001, “advocate” means an advocate whose name has been entered in the State roll prepared and maintained by a State Bar Council under section 17 of the Advocates Act, 1961 (25 of 1961) and who is a member of a State Bar Association or State Advocates’ Association.

Legal Provisions related to Advocates

Privileges of Advocates

Advocates in India enjoy key privileges essential to their role in the justice system, such as the right to practice in all courts, immunity from civil arrest while attending court, and access to clients in custody, etc. They also have protection for court submissions, voting rights in Bar Council elections, and access to welfare benefits, all aimed at ensuring independent and effective legal representation. As the Supreme Court remarks, "An advocate is not a mouthpiece of the client but an officer of the court, bound by conscience and professional duty.”

Attorney-Client Privilege

Section 132 of the Bharitiya Sakshya Adhiniyam, 2023 provides protection for any communication between a client and their attorney, documents shared during their professional work, and advice given by the attorney. Such communication or document exchange should have taken place during the course, and for the purpose, of their engagement. Additionally, Section 134 of the Bharitiya Sakshya Adhiniyam, 2023 provides protection for the client when it comes to the disclosure of private conversations that have taken place between them and their legal advisor. Furthermore, Under section 227 of the Companies Act, 2013, any privileged communication made to a legal advisor in their professional capacity is protected, with the exception of disclosing the name and address of the client. Such communications should not be disclosed to the Tribunal, the Central Government, the Registrar, or an inspector appointed by the Central Government.

However, The Hon’ble Supreme Court of India, in the case of V.C. Rangadurai v. D. Gopalan, has also held that if an attorney discerns a potential conflict of interest when taking on a new client, they should refrain from accepting the case if it goes against the interests of their previous client. The rule of privilege says that all the discussions of the client with the attorney should stay private, so one can get protected legal advice. The attorneys are not permitted, at any point, to disclose any confidential information/documents of the client without the express consent of the client. The privilege commences post the attorney-client relationship is established, typically through an engagement letter or a verbal agreement. Hence, any conversation between the client and the attorney falls under this privilege.

Contrastingly, a bench comprising Chief Justice of India BR Gavai, Justice K Vinod Chandran and Justice NV Anjaria was hearing the Suo Motu case titled "In Re : Summoning Advocates Who Give Legal Opinion or Represent Parties During Investigation of Cases and Related Issues". The suo motu case was taken after a bench comprising Justice KV Viswanathan and Justice NK Singh had expressed concerns over the trend of police and investigative agencies summoning advocates, and had referred the matter to the Chief Justice of India. Staying the notice issued to the lawyer, the bench observed that summoning advocates will undermine the independence of the legal profession and consequently impact the fair administration of justice.. The matter initiates from the Enforcement Directorate’s recent summons to Senior Advocate Arvind Datar which were later withdrawn, raising serious concerns about the erosion of legal professional privilege protected under the Bhartiya Sakshya Adhiniyam, 2023. Mr. Datar was summoned for a legal opinion rendered in a commercial ESOP transaction, with no allegation of financial misconduct or complicity. Therefore, Such actions by investigative agencies raises serious question on the privilege, as to what is the limit or privacy of such conversations.

Right to Practice Law

In the Advocates Act of 1961, the provisions related to the right to practice are mentioned under Chapter IV, specifically Section 29 of the act which provides, Advocates to be the only recognized class of persons entitled to practice law. It categorically states, "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 practice the profession of law, namely, advocates.” Furthermore, Section 30 of the Advocates Act grants the Right of Advocates to practice law. Every advocate whose name is entered in the registers of State Bar Councils is entitled to practice before any court of India, including the Supreme Court, High Courts, and Tribunal Courts. Similarly, Section 33 gives the right that Advocates, alone are entitled to practice law. However, in cases of misconduct, the Supreme Court has taken cognizance of such issues and has even held that the power to grant the privilege of practicing law includes the power to revoke or suspend it.

Right to Charge Fee

Every advocate has the right to charge a fee from a client for any service rendered. This is explicitly stated in Rule 11 of Chapter 2, Part VI of the Bar Council of India Rules, which grants advocates the authority to charge fees from their clients. Furthermore, The Supreme Court has held that, Advocates are not liable under the Consumer Protection Act for deficiency of services. They elaborate based on the principle that, services rendered by advocates constitute a contract "of personal service" and are thus excluded from the definition of "service" under Section 2(42) of the Consumer Protection Act, 2019, and its 1986 counterpart. Consequently, complaints alleging deficiency in legal services are not maintainable under the CP Act.

Immunity for Court Submissions

Advocates enjoy qualified immunity for statements made during judicial proceedings, including written pleadings and oral submissions, provided such statements are made in good faith and are relevant to the matter at hand. This protection recognised by the Judiciary to ensure that legal professionals can discharge their duties fearlessly and without fear of reprisal, particularly in relation to defamation claims. Courts have held that, this immunity is not absolute, by noting that "Legal profession is monopolistic in character and this monopoly itself inheres certain high traditions which its members are expected to upkeep and uphold." Therefore, Advocates remain subject to disciplinary control under Section 35 of the Advocates Act, 1961, and may be liable for professional misconduct or even contempt of court if their statements are malicious, irrelevant, or scandalous.

Right of Precedence

The right of precedence refers to the order of seniority and speaking rights of advocates before courts, especially when multiple advocates are present in a matter or when disputes arise as to who should be heard first. As enshrined under Section 23(5) of the Advocates Act, 1961,“The seniority amongst advocates shall be determined in accordance with the rules made by the Bar Council of India.” The BCI rules supplement this hierarchy by providing that Senior advocates shall have precedence over other advocates.

Right of Advocate to Pre-Audience

Section 23 of the Advocates Act provides for the right of pre-audience. Advocates in India have the right to pre-audience, which means the right to access and inspect the records, documents, and proceedings of a case before it is taken up for a hearing in court. This right allows advocates to prepare their cases thoroughly, understand the facts and legal issues involved, and effectively represent their clients.

Right to Consult Clients (Even in Custody)

In accordance with Section 38 of BNSS, "When any person is arrested and interrogated by the police, he shall be entitled to meet an advocate of his choice during interrogation, though not throughout interrogation." This implies that Advocates have the right to be permitted by police to meet their client during custodial interrogation. Hence, Police cannot arbitrarily deny access if the client has exercised their right to consult counsel. As the Hon'ble Court has also held that, accused must be allowed access to legal counsel during interrogation to prevent custodial abuse.

Protection from Civil Arrest

As per Section 135 of C.P.C. (Civil Procedure Code), “No Judge, Magistrate or other judicial officers [Advocate] shall be liable to arrest under civil process while going to, presiding in, or returning from, his Court.” This protection ensures the uninterrupted functioning of the justice system and upholds the dignity and independence of legal officers.

Types of Advocates

Advocates in India are categorized based on their roles and areas of practice, such as general advocates, Advocate-on-Record in the Supreme Court, and specialization in work like Government lawyers, General Counsel, and legal advisors. Each type serves distinct functions within the legal system.

Senior Advocates

Section 16 of the Advocates Act, 1961 states that a lawyer, with his consent, may be designated as senior advocate if the Supreme Court or a High Court is of the opinion that by virtue of his ability, standing at the Bar or special knowledge or experience in law, he is deserving of such distinction.

The Bar Council of India Rules imposes certain restrictions in the matter of practice to which Senior Advocate shall be subject. A senior advocate shall not:

• file a Vakalatnama or act in any court or tribunal in India
• appear without an advocate on record in the Supreme Court or without any other junior advocate in any other court or tribunal in India
• accept instructions to draw pleadings or affidavits, advice on evidence, or engage in any drafting work of analogous nature in any court or tribunal in India
• undertake conveyancing work of any kind. However, this prohibition does not extend to settling such matters in consultation with a junior advocate.
• accept directly from a client any brief or instructions to appear in any court or tribunal in India.

Further, Order 4 Rule 7 of Supreme Court Rules 1950, provides that senior advocate shall not draw pleadings, Affidavit, Advice on evidence, and Statement of cases or do any drafting work of any kind in any court. This restriction does not apply to discussing the same work with the junior Advocate.

The appointment of Senior Advocates in High Courts is governed by rules made by the High Courts under Section 34(1) r/w Section 16(2) of the Advocates Act, 1961 and in accordance with the guidelines laid down by the Supreme Court of India in its Judgment dated 12.10.2017 in writ petition no. 454 of 2015. The rules/guidelines for the appointment of Senior Advocate have been laid down by the Supreme Court of India in Ms. Indira Jaising Vs. Supreme Court of India and others. Moreover, The Supreme Court Special Bench led by Justice A.S. Oka, is now weighing whether the existing system—point-based screening followed by a full-court vote—needs an overhaul or should be abolished entirely.

Advocate on Record (AoR) at Supreme Court

An Advocate on Record (AOR) in the Supreme Court of India is an advocate who has cleared the exam held by the Supreme Court of India and has registered as an Advocate on Record. An AOR is entitled under the Order VI of the Supreme Court Rules, 2013 to act and plead for a party in the Supreme Court.

Other significant provisions dealing with an AOR are

• Only an AOR can file a Vakalatnama in the Supreme Court on behalf of the client.
• No Advocate other than an AOR can appear and plead in any matter unless an AOR instructs him.
• Any notice or order/correspondence by the Supreme Court is sent to the AOR.
• It is necessary to get a certificate issued by an AOR, to file an SLP under Article 136 of the Constitution.
• An AOR is personally liable for the due payment of all fees/charges payable to the Court.

Nature of Work Undertaken by Advocates

Advocates in India can take up a specialized role in any field of law. They can be classified on the basis of the work undertaken by them, since it plays a major role in our statutory framework. Therefore, based on the nature of work, the Advocates can be classified as under:

Advocates for the Government

Attorney General of India

The Attorney General (AG) of India is the top legal official in the nation and a member of the Union Executive, as stated in Article 76 of the Indian Constitution. The Law Officers (Conditions of Service) Rules, 1972 defines Attorney General “Attorney-General” as a person appointed under clause (1) of Article 76 of the Constitution as the Attorney-General for India and includes any person appointed to act temporarily as the Attorney General for India

The Attorney General is responsible for providing legal counsel to the government on situations that the president has submitted to him; standing before any High Court or Supreme Court on behalf of the federal government; and carrying out the legal responsibilities given to him by the President and other obligations granted to him by the Constitution. Section 23(1) of the Advocates Act, 1961 provides that the Attorney-General of India shall have pre-audience over all other advocates.

Solicitor General

The Law Officers (Conditions of Service) Rules, 1972 defines “Solicitor-General” as a person appointed as the Solicitor General for India; and “Additional Solicitor-General” as a person appointed as the Additional Solicitor-General for India. Section 23(1) of the Advocates Act, 1961 provides that the Solicitor-General of India shall have a right of pre-audience, after the Attorney-General of India.

Advocate General of State

The Advocate General of the State is regarded as the top state legal official. The Advocate General of State is appointed in accordance with Article 165 of the Indian Constitution. Additionally, the governor of the state appoints this highest legal official. The Indian Constitution discusses the duties of the Advocate General of State in Articles 165 and 177. Under Article 177 he is conferred with the right to audience before the Legislature of a State both in the Assembly and the Council. Infact, he is treated on par with the Minister. The Advocate General and his office defends and protects the interest of the State Government and give invaluable legal guidance to the State Government in the formulation of its policy and execution of its decisions.

Public Prosecutors

Section 24 of the Code of Criminal Procedure, 1973 (or Section 18 of the Bharatiya Nagrik Suraksha Sanhita) provides for the appointment of public prosecutors. A Public Prosecutor is considered the agent of the state seeking the prosecution of an accused.

The public prosecutor is required to supervise the functioning of the additional public prosecutor in the Sessions Court and the High Court. The role of the Public Prosecutor in the investigating process includes making an appearance in the Court and obtaining an arrest warrant, obtaining search warrants for conducting a search in specified premises, obtaining police custody remand for interrogation (including custodial interrogation) of the accused, etc.

Amicus Curiae

The Supreme Court enjoys the jurisdiction to appoint an amicus curiae or a 'friend of the court' in certain limited circumstances.

• To defend and argue the case of the accused in cases where a petition is received from jail or in any other criminal matter if the accused is unrepresented
• If it is necessary in the case of an unrepresented party in civil matters
• In any matter of general public importance or in which the interest of the public at large is involved.

Advocate Commissioner

The appointment of an Advocate Commissioner is a procedural mechanism utilized in civil and criminal proceedings to assist the court in gathering evidence or conducting inspections. They can conduct local inspection, site visits, prepares reports, takes measurements, records evidence, etc., under court’s direction. The person who is appointed as an Advocate Commissioner may be a neutral senior advocate or a junior. An Advocate Commissioner is appointed under Order 26 Rule 9 of the Code of Civil Procedure 1908 inter alia for elucidating any matter in dispute. This rule allows for the appointment of an Advocate Commissioner when there is a need for local investigation or to clarify doubts regarding the identification, location, or measurement of land. However, the appointment should not be used to collect evidence on behalf of any party or to grant a pre-trial decree. The appointment of an Advocate Commissioner should only occur when there is a genuine doubt that needs clarification through a report.

Additionally, under Order 41, Rule 27 of the CPC, in appellate proceedings, the appointment of an Advocate Commissioner must be substantiated by an argument exhibiting the need of such an appointment. Further, under Section 138 of Negotiable Instruments Act, 1881, also provides for an appointment of Advocate Commissioner, however it must be in accordance with the rules provided in CPC.

General Counsel

A general counsel acts as a business legal advisor and helps an organisation's leadership navigate judicial or regulatory issues. These professionals are integral to many industries and act as in-house company lawyers. Depending on the business size and industry, this role has different titles, such as corporate counsel, legal advisor, corporate lawyer or chief legal officer. However, India treats in-house or General counsels (GC) as corporate employees, often excluding them from privileges such as appearing in court or maintaining active enrollment with bar councils. Contrastingly, countries such as USA or Australia not only recognize GCs but they also grant them certain privileges like that of appearing in courts.

Even though there is no legislation recognizing GCs, but, the proposed Advocates (Amendment) Bill, 2025, amending the Advocates Act, 1961, aims to include sections that recognizes them. For instance, Section 2(i) - "Legal Practitioner" means any Advocate or law graduate engaged in the practice of law before courts, tribunals or quasi-judicial forums or doing legal work in any private or public organization including but not limited to statutory and autonomous bodies, domestic and foreign law firms and corporate entities. This amendment shall pave the way for the long-due recognition of GCs in Indian law fraternity. However, due to the large protests by the Advocates, this amendment bill was repealed.

Foreign Lawyers

Historically, Indian law barred foreign lawyers from practicing within its jurisdiction, both in litigious and non-litigious matters, as reaffirmed in A.K. Balaji v. Union of India and Lawyers Collective v. BCI. However, recognizing the evolving demands of globalization, cross-border transactions, and international commercial arbitration, the BCI has now permitted foreign lawyers and law firms to engage in non-litigious legal practice in India under a strict regulatory framework. The Bar Council of India (BCI), through its notification dated 13 May 2025, has brought into effect comprehensive amendments to the Bar Council of India Rules for Registration and Regulation of Foreign Lawyers and Foreign Law Firms in India, 2022.

This move signifies a shift in India’s stance toward the entry and regulation of foreign legal professionals. The amended rules allow such foreign entities to advise on foreign law, international law, and participate in international arbitration proceedings, subject to registration, reciprocity, and ethical compliance. Importantly, they remain barred from appearing before Indian courts or engaging in conveyancing, drafting for judicial forums, or advising on Indian law. The rules also introduce the category of Indian-Foreign Law Firms and facilitate professional exchange programs.

Legal Aid Counsels

Legal Aid Counsels (LAC)

Remand and bail lawyers are appointed by the legal services institution under the NALSA 1998 Model Scheme. They are assigned to each magistrate court to oppose remand, apply for bail and move miscellaneous applications for those in custody.

The remand lawyer has several duties to fulfil which include getting a copy of the application made for remand, interacting with the arrestee, challenging the arrest, making bail application in relevant cases, etc. The DLSA deputes Remand Advocates in the Magisterial Courts, Sessions Court and also in the courts of Executive Magistrate as per the requirement. Legal assistance can be claimed as a right in any of the stages of arrest or pre-arrest and this includes the remand stage, where if the prosecution seeks to remand an accused (request for extending custody of the accused for collection of evidence or completion of an investigation), the individual has the right of representation.

Legal Aid Defence Counsels (LADC)

Legal Aid Defense Counsel System (LADCS) is a pilot program of NALSA where it involves the full-time engagement of lawyers in order to make legal aid services more efficient and to ensure that more persons in need actually access legal aid. Legal Aid Defense Counsel Office shall be dealing exclusively with legal aided matters in criminal matters of the District or HQ, wherein it is established. It shall be providing legal services from the early stages of criminal justice till the appellate stage, and the same shall include visits to jails to cater to the legal needs of unrepresented inmates.

In the first instance, the Legal Aid Defense Counsel System was conceived to be implemented on a pilot project basis for providing legal aid in criminal matters in Sessions Courts in a few districts. After its success as a pilot project, it is being extended to other districts and to all criminal courts including Courts of Executive Magistrates.

Professional and Ethical Conduct of Advocates

The BCI has framed the rules on professional standards that an advocate needs to maintain. These are mentioned under Chapter II, Part IV of the BCI Rules. Accordingly, section 49(1)(c) of Advocates Act, allows the bar council of India to make rules as to suggest the standard of professional conduct to be observed by advocates. The professional and ethical behavior of advocates is the foundation of the legal profession. Advocates are required to provide services subject to the Bar Council of India's Rules, in consequence of the Advocates Act of 1961, to clients and obligants alike, and in conducting duties to clients, the courts, opposing parties, and the society in which lawyers function.

As there are several advancements in the digital age, an Advocate must bear in mind the cautions and restriction of internet usage. To control the conduct of Advocates, the BCI has framed several rules as per Indian Jurisprudence. For example, Indian advocates using LinkedIn must navigate a regulatory environment that views law as a noble profession, not a commercial enterprise. Any online activity that commodifies legal services risks offending the dignity, integrity, and public trust that underlies the Bar Council of India’s advertising restrictions. Anything that signals solicitation or promotion, such as InMail pitches, “Open to Work/Clients” tags, sponsored posts, service menus, celebrity endorsements, self-marketing, metrics, testimonials, or case-specific boasts, falls on the non-compliant side because it amounts to direct or indirect advertising prohibited by Rule 36 and related BCI directives. Lastly, noting the words of Justice Bela Trivedi, "The Advocates are perceived to be the intellectuals amongst the elites and social activists amongst the downtrodden. That is the reason they are expected to act according to the principles of uberrima fides."

Appearance in Database

List of Law officers

The Department of Legal Affairs, Government of India (GoI) maintains an updated list of law officers, along with the archives on its website.

Advocate on Rolls

It is the list of advocates enrolled under the state bar council which contains the bar enrolment no. along with other identification details.

Advocate Codes

Many High Courts assign advocate codes to the Advocates. These codes are generated in the CIS and are important for retrieving advocate-wise cause lists and e-filing.

HIGH COURT OF JUDICATURE AT BOMBAY ADVOCATE DETAILS ALONG WITH ADVOCATE CODE available athttps://bombayhighcourt.nic.in/advcodes.php

Similarly, Patna High Court assigns Advocate Unique Identification Number (AUIN)

List of Advocates with new AUIN available at https://patnahighcourt.gov.in/getfile/Njg4Ng==-xR4SIgn6e--ak1--M=

Additionally, Allahabad High Court has a specific designation of Senior Advocates

List of Senior Advocates listed in Allahabad High Court available athttps://www.allahabadhighcourt.in/advocate/senior_adv_ald_05-05-25.pdf

E-Courts

E-Courts provides a search by advocate filter where a search can be processed by Advocate details and bar enrolment number. For Example, Supreme Court allows one to access the status of cases by AoR Codes here.

CASE STATUS SEARCH BY ADVOCATE

E-Filing

Advocates are provided with Portfolio Management in e-Filing accounts. Client communication with mail or WhatsApp is enabled. A provision is made for sharing uploaded documents with other Advocates or parties through mail. Cases of interest can be saved and managed in the software. Personalised cause lists can be generated for any date.

A facility is developed where any advocate can register himself on the e-Filing portal by e-KYC or submit his documents. Advocates can start managing their cases through e-Filing accounts even though e-Filing is not started in their District or Court Complex.

E-FILING ADVOCATE REGISTRATION available at https://dhcefiling.nic.in/eFiling/GetRegistration.do

Research that engages with 'Advocate'

Fostering an Independent Bar

This is an article by Alok Prasanna Kumar that goes on to lay out the current situation of the politicization of the advocates in contrast with their necessary independence. They highlight the importance of an independent bar to preserve an independent judiciary. The author cites lamentations from practicing lawyers who observe explicitly political lawyers that do not at the same time engage with concerns of an independent judiciary. There's a message being sent that advocates need to have a political opinion matching that of ruling party to become judges. They also highlight the procedures of appointments at the bar, arguing the surface-level independence of the Bar Associations being veiled by the political considerations of the ex officio members. However they also point out the on-ground realities that advocates face and respond to, citing examples of various ways they have protested undue influence on judicial processes. As a whole the author paints the bar as the vanguard in assessing and responding to the threat to an independent judiciary.

Commonwealth Human Rights Initiative: Hope Behind Bars?

Hope Behind Bars is a report by the Commonwealth Human Rights Initiative on the legal aid that is available to people who are put in custody. It lays the statistical research from various sources to examine the level of legal aid that is available to accused in police stations, courts and prisons. It further examines recommended practices of delivering such aid in various areas. However the study is limited to access in criminal cases only.