Supreme Court has a system where advocates who have passed its exam can only file Vakalatnama for litigants in Supreme Court. They are known as Advocates on Record.
Advocates from all over India can come to argue case, but they have to seek instructions from advocate on record, who may have day to day experience about how Supreme Court is to be addressed. They were supposed to ensure that pleadings filed in court are of higher standards.
Over years, this system got diluted. Some advocate will simply take a signing fee and will file anything. This diluted quality of pleading in Supreme Court.
The purpose of taking advocate on record examination lost its meaning.
Now, in New Rules, Supreme Court has said that it will treat it as a misconduct if advocate on record, only signs and does nothing further.
Advocate on Record are supposed have a office within 16 Km of Supreme Court, and they are supposed remain in Supreme court all the time.
Therefore, Supreme Court has made rule that if advocate on record is found absent when case is being argued, it will be treated as misconduct.
The advocates on record who only take money for signing and show no responsibility to client or to court, are Name Lending Advocates.
The new Rules coming in force from 19.8.2014, seeks to deal with this problem.
Haresh Raichura
31/07/2014
