In a recent communication dated 14th January 2024, the Bar Council of India (BCI) has addressed concerns and misconceptions surrounding the Advocates’ Declaration of Existence in the legal profession. The notice is directed to all State Bar Councils, emphasizing the need for clarity and caution in the verification process.
Contrary to previous communications from State Bar Councils, the BCI stresses that advocates, including those who participated in previous Bar Council elections, must verify their existence in the legal profession either after five years or when submitting fresh verification forms. This verification process mandates the submission of essential documents, such as vakalatnama, order sheets, or proof of drafting/deeds in non-litigious work, in accordance with the Bar Council of India Certificate and Place of Practice (Verification) Rules, 2015.
To ensure compliance with Form A Column III, Advocates are reminded to submit:
1. Certified copies of at least 5 Vakalatnamas or any other document/cause list establishing five years of active practice.
2. For Advocates associated with law firms, a certificate from the authorized personnel of the firm detailing the period of service and nature of work.
3. For conveyancing lawyers, submission of five documents from the last three years supporting the claim of being a conveyancing practice lawyer.
In addition to these documents, Advocates are reminded to provide details and updates, if any, on educational qualifications, and disclose any filed/pending criminal cases.
The BCI highlights the importance of rectifying any incorrect declarations promptly, urging advocates to meticulously review and align their submissions with established guidelines. The State Bar Councils are also directed to promptly reiterate this aspect to all applicants.
Advocates are reminded to submit certified copies of at least five vakalatnamas or relevant documents, establishing five years of active practice. Law firm-associated advocates are required to provide a certificate from authorized personnel detailing the period of service and nature of work. Conveyancing lawyers should submit five documents from the last three years supporting their claim.
In addition to these requirements, advocates must provide details and updates on educational qualifications and disclose any filed/pending criminal cases. Cooperation in promptly addressing inaccuracies is stressed for the sanctity of the verification process monitored by a High-Level Committee constituted by the Hon’ble Supreme Court of India.
The High-Level Committee has prioritized verification from 1990 enrollments onward, deferring pre-1990 enrollments to a later stage. The BCI trusts that advocates will take immediate steps to ensure compliance, upholding the integrity of the legal profession.
State Bar Council Secretaries were also requested to circulate this notice among enrolled advocates and ensure verification procedures are carried out as stipulated in the Bar Council of India Certificate and Place of Practice (Verification) Rules, 2015.
Srimanto Sen, Secretary of the Bar Council of India, urges all advocates to cooperate in this crucial verification process to maintain the sanctity and integrity of the legal profession.
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