Lawyers can have their websites - BCI to Supreme Court

The Bar Council of India (BCI) on Monday informed the Supreme Court that it allowed lawyers to launch their own websites giving basic information about themselves to prospective clients.

A Bench consisting of Justices B.N. Agrawal, S.H. Kapadia and D.K. Jain is hearing a petition filed by advocate V.B. Joshi challenging Rule 36 of the BCI, which prohibits lawyers from advertising their services in any manner.

Appearing for the BCI, senior counsel Krishnamani said it had passed a resolution to amend Rule 36 for allowing lawyers to furnish information on the website — their names, addresses, telephone numbers, email ID, enrolment number, date of enrolment, the name of the State Bar Council where they originally enrolled, the name of State Bar Council on whose roll they are now, the name of the Bar Association of which they are members, and professional and academic qualifications and areas of practice.

Justice Agrawal told counsel that it would be better if the BCI allowed lawyers to furnish information about their experience and areas of specialisation also. Mr. Krishnamani said the BCI would accept this suggestion. The suggestion that the BCI and the State Bar Councils furnish on their websites particulars of lawyers enrolled in their States would also be considered.

Earlier, the BCI and the Centre opposed the petition, saying the legal profession was not a trade. It was always treated as a noble profession. “The rule against soliciting is the foundation of the legal system in India and the Indian society is quite different from western countries including the U.S. as our society cherishes different ethos, social values and ethical norms.”

The petitioner termed Rule 36 archaic. Over half-a-million lawyers, arbitrators and legal experts in India could offer their services to the world with the help of advertising, he said.

The Bench adjourned the hearing. Additional Solicitor-General Gopal Subramaniam is appearing for the Centre.

Source : The Hindu - http://www.hindu.com/2008/07/30/stories/2008073061071400.htm

Law teachers could soon practise in Courts

New Delhi, Jan 27 If the government has its way, teachers in Indian law schools will be able to practise in courts and work as consultants too.

This is being proposed to retain talent in law schools where the remuneration is far less compared to what law experts get outside, resulting in an exodus.

A senior law ministry official said there was an immediate need to reconsider promotional schemes and avenues to promote meritorious faculty members on law campuses.

"Today legal education has to meet not only the requirements of the Bar Council but also trade, commerce and industry. So we need to have really talented law teachers who can train students to meet the challenges in the legal field globally," said the official.

The government has taken serious note of the deteriorating standards of education in law campuses. It is generally felt by policymakers that there is an immediate need to remove the fetters on faculty pertaining to opportunities in legal practice, such as consultancy assignments and legal practice in courts.

"These reforms need to be introduced in a balanced, reasonable and regulated manner to ensure adequate incentives for law faculty without compromising on consistent academic quality," another official suggested.

Even the National Knowledge Commission constituted by the prime minister has made similar suggestions.

"Why can't we have flexibility to appoint those lawyers as faculty members who have an LLB degree, unlike an LLM PG degree, which is the qualification for being a law teacher," suggested a commission member.

Commission chairman Sam Pitroda said there should be a new regulatory mechanism under the Independent Regulatory Authority for Higher Education (IRAHE) that could deal with all aspects of legal education.

Lawyers boycott Judge after he rules Attorney 'insane'

Chandigarh, July 24 (IANS) Agitated lawyers of the Punjab and Haryana High Court Tuesday decided to boycott Justice Uma Nath Singh, demanding that all judicial work be withdrawn from the judge, he be moved out and impeachment proceedings be initiated against him.

Judge Singh had Monday evening declared local lawyer Tahar Singh "insane" and ordered the Central Bureau of Investigation (CBI) to take him to a mental hospital in Agra.

Tahar, who had in recent months taken up cudgels in the high court against the conduct of certain judges, was picked up by the CBI a couple of hours later Monday evening.

Agitated lawyers of the high court's bar association led a vociferous demonstration in front of the CBI office here, forcing high court Chief Justice Vijendra Kumar Jain to Monday constitute a late night division bench comprising Justices M.M. Kumar and Surya Kant to stay Justice Singh's order.

The CBI team taking the lawyer to the mental hospital in Agra was recalled from Delhi by the high court.

"We will continue to boycott Justice Uma Nath Singh's court till action is taken against him. His order Monday was beyond the jurisdiction of the court," senior advocate Anupam Gupta said Tuesday.

Protesting lawyers went on a sit-in outside the high court Tuesday demanding action against the judge.

Bar association president Anmol Rattan Sidhu and Chandigarh's government standing counsel Anupam Gupta said the high court action in sending the lawyer to a mental hospital was unwarranted and unprovoked.

Tahar had recently also been booked by the local police after his wife accused him of cruelty and criminal intimidation. But after the high court order sending him to the mental hospital, his wife Sujata Sharma changed her tone to claim that she had never said that he was insane.

Judge Singh in his order said: "In view of the serious nature of allegations regarding beatings and torture of the complainant (the lawyer's wife) and her children by the accused in a barbaric manner which only an insane person would do and further that on enquiry, the court is prima facie of the opinion, that accused is a worst case of mental disorder.

"It is also learnt from the bar that the accused creates nuisance and commotion wherever he goes with the help of anti-social elements on the strength of some vested interests who finance him in doing so.

"In this background, to ensure the safety of the life of the complainant and her children, I deem it expedient to direct the senior superintendent of police of the CBI, Chandigarh to immediately take the accused in custody and take him away from Chandigarh to the mental hospital in Agra, for proper treatment."

The judge also directed the CBI to use "modern devices" to investigate the link between Tahar Singh and anti-social elements who were "misusing him during his spell of insanity".