Madras HC Suggests Mandatory Trial Court Experience, AOR Exams To Qualify For HC Practice [Read Order]

The legal profession is not a child's play, said the bench comprising Justice N. Kirubakaran and Justice SS Sundar while suggesting to introduce 'Advocate on Record' system in High Court also.

The court made this observation in a petition filed by Advocate A.Kannan who urged the High Court to frame appropriate rules so as to make it compulsory to pass advocate on record examination to allow the new entrant advocates for filing cases on their own names. Further suggestion is for prescribing minimum five years standing at the Bar to appear for the Advocate on Record Examination out of which one has to undergo one year compulsory training under a senior advocate having not less than ten years of actual practicing in the High Court to sit for the AOR Examination as followed in the Supreme Court.

Court is unable to effectively adjudicate the matters

While hearing the petition, the bench expressed its concern about a new trend in which the Law Graduates after coming out the Law Colleges without any experience in the legal profession, start appearing before the High Court without even giving the material details in the affidavit and arguing the matters. It said:

"As a result, the Court is unable to effectively adjudicate the matters. There is no assistance from those Lawyers. It requires at least 3 to 5 years experience in Senior's office, so that, they will be able to know from the Seniors as to what are all the particulars to be collected from the parties, how a petition/plaint should be drafted and what are all the things to be omitted and how the case should be presented before the Court and how the queries raised by the Court could be answered by the Advocate. Though they have the fundamental knowledge, without the basic procedures followed by the Trial Courts, they venture into the legal profession, which makes very difficult for the Courts to render justice effectively"

Legal profession is not a child's play

The court said due to the inexperience of these newly enrolled Advocates, their clients are the ultimate sufferers. The bench said:

"One of the dangers faced from the inexperienced Advocates is with regard to getting material details from the clients. The rights of the parties get affected once and for all as without material details, if the case is presented, it will only invite an order of dismissal from the Court violating their rights. The legal profession is not a child's play. The rights of the people who are approaching the Advocates, are involved. Therefore, sufficient knowledge and experience are required not only for giving legal advice, but also for filing and presenting the case before the Court, supported by statutes and precedents. We cannot expect everything from the newly enrolled Lawyers, who have just completed the law course. By observing so, this Court does not mean to underestimate the newly enrolled Advocates. But, at the same time, experience is required, so that, the clients as well as the Advocates and the Courts would be benefited. To put it in other words, by doing so, justice delivery system is safe-guarded."

Trial Court Experience Cannot Be Obtained From Constitutional Courts

The court added that there is a misconception amongst some of the young Advocates that practice in High Court and Supreme Court would give status and money without gaining any experience from the trial Court.

"The trial Court experience cannot be obtained anywhere from the Constitutional Courts. In the trial Court only, they could be exposed to the application of provisions of Civil Procedure Code, Criminal Procedure Code, Law of Evidence and witnesses, especially, the art of cross-examination and deciding about the admissibility of documents."

The court also observed that experience before the trial Court is very much necessary for the Advocates to know about the procedures followed, since most of the cases started from the lower Courts only and reach the High Courts at a later point of time. Only when the Advocates are well experienced in drafting, conducting trials, appreciating the evidence, would be in a better position to appear before the High Courts, the court added.

Advocate on Record System

About the proposed Advocate on Record system, the court said:

"This exercise will enable the Court to get good assistance from the Advocates on Record and it is necessary to use the judicial time qualitatively. Prescribing such Rules is not to get away any individual Advocate or section of Advocates from the High Court. It is only to test the knowledge of the Advocates who would be in a better position to adjudicate the matters effectively. Any Advocate who has got sound knowledge in law and in current position of law and the latest judgments could easily crack the said test"

The court will again consider the petition on 10th April 2019.

Read Order