Bill that will allow foreign law firms through back door
By Manoj Kumar, IANS,
Relatively unnoticed in the midst of turmoil and scams to haunt the government, the law minister Salman Khurshid put a bomb. Earlier this month, exactly 50 years after the Advocates Act, a bill has been placed by the minister, a lawyer himself, extensive consultations, which seeks to establish a new regulator for the profession .
Called the legal practitioner (regulation and maintenance of standards in the professions, protecting the interests of clients and promote the rule of law) Bill 2010, it was written during the term of the predecessor of Mr. KhurshidVeerappa Moily and is considering a watchdog in parallel, along with the Bar Council of India (BCI).
Indeed, the bill seeks to put controls on the delivery system together with a judicial body, not represented by its stakeholders. What is the purpose will be served by the creation of such a parallel mechanism, instead of reinforcing bars boards themselves, is at large on the invoice.
On the one hand, the regulator discharges the same functions and purposes for which the bar councils were set up - to handle complaints of misconduct, to formulate a code of conduct for lawyers and provide legal aid for the poor.
The objectives and scope of the bar are similar advice: Protect and promote the interests of clients, to encourage ethical obligations of lawyers with a strong sense of duty to the courts, where they appear and legal awareness among the public and clients of their legal rights and duties.
Thus, the new agency will arrogate to himself the functions, the basis for the functioning of these councils. Khurshid, but also seeks to do what is not otherwise permitted or explicitly prohibited by law on lawyers - that is, allow the practice of the profession of law outside the framework.
The law stipulates that there must be only one class of persons authorized to practice law, directly or indirectly, namely, advocates. The term "lawyer" as defined, means those entered in any role under the provisions of the Law on Lawyers.
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