The Bar Council of India has come out with a 46-page draft to amend the Advocates Act of 1961. The draft consists of amendments aimed at tightening the strings and streamlining the practitioners and law firms.

Following a direction by the Supreme Court to the Law Commission of India to overhaul the regulatory mechanisms of the legal profession, the BCI and state bar councils were asked to submit their suggestions till September 20. The draft is the outcome of the same and has been released by the BCI internally for suggestions and views.

According to a member of the BCI, the suggestions and opinions can be sent to the official website of the BCI and the same will be considered by the members. The draft seeks to recognise and register bar associations and to oversee functioning.

The amendment points out to the need for ‘rules for verification of advocates and make rules for periodical verification of antecedents, conduct and place of practice of advocates. It also advocated making a databased web-portal of all advocates and rules for identifying the “non-practicing advocates” and bar non-practicing advocates from voting rights in the elections to the State Bar Councils and to the Bar Associations.

The draft also seeks to ensure that freshers undergo several qualification steps before practice. The proposed amendment takes care of the urgent need that an advocate gains first hand experience in lower and trial courts before he is allowed to practice law before higher judiciary. Fresh entrants can join law offices of their choice, but will have to start practice in law from the lowest level.

It also advocates a platform for co-existence of law firms and foreign lawyers.

The amendment seeks to broaden opportunities for foreign lawyers to practice in India in a well-defined area within a restricted field on reciprocal basis. It says the legal fraternity will not suffer any disadvantage in case law practice is opened up to foreign lawyers in non-litigious and international arbitration matters.