Patna High Court decicded against the pleader who appeared for both sides

In a classic case of professional misconduct, Bir Kishore Rai, the pleader appeared for both sides in the same case. It was grossly improper conduct within the meaning of clause (b) of section 13 of the Legal Practitioners Act.  The young Pleader with a four year practice was working under the guidance of his father-in-law.

In Emperor vs. Bir Kishore Rai (1918), the Patna High Court's bench of Justices B.K. Mullick, Sir Ali Imam, Kt. and Thornhill opined that Rai's disregard of the rules was gross and intentional, and a warning will have the effect of impressing upon members of the Bar in the Mufassil the necessity of strict observance of the provisions of the law. It is not required to prove some act involving a moral stigma or proof of actual injury to a litigant but intentionally disobeying the rules is sufficient. It directed that the Pleader be suspended for a period of six month. The judgement was authored by Justice Mullick. The Pleader had signed the Vakalatnamas for both sides in the same case. 

The judgement reads:"We direct that the Pleader, Babu Bir Kishore Rai, be suspended for a period of six months commencing from the 7th of February 1918."

In its judgement, the Court observed: "so far as Pleaders are concerned, the matter seems to have been settled in this Court by the decision of the Special Bench in In the matter of two Pleaders 41 Ind. Cas. 328; 2 P.L.J. 259; 1 P.L.W. 483; (1917) Pat. 217; 18 Cr.L.J. 803. In that case the matter turned upon Order III, rule 4, sub-clause (2), which enacts that "every appointment of a Pleader, when accepted, shall be filed in Court and shall be considered to be in force until determined with the leave of the Court, by a writing signed by the client or the Pleader, as the case may be, and filed in Court or until the client or the Pleader dies or until all proceedings in the suit are ended so far as regards the client." It was held by the Special Bench in the case above referred to that although the Pleader may not have acted out of any improper motive, gross carelessness and disregard of the rules of the profession cannot be overlooked and constitute gross misconduct in the discharge of professional duties within the meaning of section 13(b) of the Legal Practitioners Act." 

High Court, District Judge, Sessions Judge, District Magistrate, Revenue-officers empowered to publish lists of touts: Advocates (Amendment) Act, 2023

The Advocates (Amendment) Act, 2023 has inserted a new Section 45A in the Advocates Act, 1961 to empower every High Court, District Judge, Sessions Judge, District Magistrate, and every Revenue-officer, not being below the rank of a Collector of a district to frame and publish lists of persons who habitually to act as touts. The list may be amended from time to time. No person's name shall be included in any such list until he shall have had an opportunity of showing cause against such inclusion. A copy of every such list shall be kept hung up in every Court to which the same relates. The Court or Judge may, by general or special ordet, exclude from the precincts of the Court any person whose name is included in any such list. Any person who acts as a tout whilst his name is included in any such list shall be punishable with imprisonment which may extend to three months, or with fine which may extend to five hundred rupees, or with both. 

Section 45 A (7) (d) (i) and (ii) defines "tout". It means a person—who procures, in consideration of any remuneration moving from any legal practitioner, the employment of the legal practitioner in any legal business; or who proposes to any legal practitioner or to any person interested in any legal business to procure. in consideration of any remuneration moving from either of them, the employment of the legal practitioner in such business or who for the purposes of such procurement frequents the precincts of Civil or Criminal Courts or of revenue-offices, or railway stations. landing stages. lodging places or other places of public resort. 

The Advocates (Amendment) Act, 2023 has repealed certain provisions of ‘The Legal Practitioners Act, 1879 by incorporating provisions of Section 36 of the Legal Practitioners Act of 1879 in the Advocates Act.

The repealing of the Legal Practitioners Act, 1879 from the statutes book, will be a contribution to achieve the goal of repealing the obsolete laws specifically that pertain to British era. It will also be a step towards ease of doing business and ease of living for citizens. It would also help in regulating the legal profession by a single Act i.e., the Advocates Act, 1961.  Notably, the Legal Practitioners Act, 1879 has been repealed and the Advocates (Amendment) Act, 2023 has been passed by the Parliament and the assent of the Hon’ble President of India was received on December 8, 2023.

The Union Law Ministry has notified the amendment. The notification states that the Union government has announced September 30, 2024 as the date on which the provisions of the Advocates (Amendment) Act, 2023 will come into force.