Law Ministry Releases Draft of Legal Practitioners Act for Public Discussion

With a view to regularize the law industry in India, Ministry of Law and Justice has released the draft for the Legal Practitioners (Regulation and Maintenance of Standards in Profession, Protecting the Interest of Clients and Promoting the Rule of Law) Act, 2010. The basic premise of the draft law is to establish Legal Services Board, on the lines of Legal Services Board in the UK. The ministry is seeking feedback from members of the legal fraternity, educationists and general public on the proposed draft. (To download the official draft of this act, click here.)

Major Highlights of the Draft Act

As per the proposed scope, the Legal Practitioners Act, 2010 extends to the entire territory of India, except the state of Jammu and Kashmir. Major highlights of this act are:

• Constitution of the Legal Services Board: The act proposes setting up Legal Services Board to regulate the law industry in India, including the regulatory objectives covered in the Advocates Act, 1961. The board will be an independent authority and not subordinate to any Government department.
• Appointment of Ombudsman: The board may appoint a Chief-Ombudsman at the national level and subordinate Ombudsmen at the state-level. The Ombudsman will receive public complaints against legal professionals. S/he will have the right to conduct inquiry into the matter and will forward the findings to the Disciplinary Committee of the Bar Council of the State.
• The Consumer Panel: The act proposes setting up a panel representing the interests of consumers and the clients of legal professionals. This panel will be called ‘Consumer Panel’.
• Free legal services: The act binds lawyers to provide free legal services to financially weaker sections of the society. Legal professionals are bound to provide honest and true legal advice to their clients to help them make an informed choice.

As per the provisions in the law draft, Bar Councils will continue to function and exercise regulations as mentioned in the Advocates Act, 1961. However, the Legal Service Board will have supervising authority over the operations of Bar Councils in relation to the regulatory requirements mentioned in this act.

Download full text of the draft for Legal Practitioners (Regulation and Maintenance of Standards in Profession, Protecting the Interest of Clients and Promoting the Rule of Law) Act, 2010.

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Haider Ajaz