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The expression right to practice, in context of the legal profession refers to the exclusive
right of persons enrolled as advocates to engage in practice of law before courts and
tribunals. In Re. Lily Isabel Thomas 1964CriLJ724 the Supreme Court equated right to
practice with entitlement to practice. This right enjoys protection at two levels:
General protection Article 19(1)(g) of the Constitution of India protects the right of
individuals to practice professions of their choice. As members of the legal profession, advocates
partake in this right along with members of other trades, occupations and professions.
Specific Protection Section 30 of the Advocates Act, 1961 confers on persons whose name
is enrolled in the registers of State Bar Councils the right to practice before any court or tribunal
in India including the Supreme Court. This section has been recently made effective through a
notification issued by the Central Government.
Section 29 of the Advocates Act makes the right of practice an exclusive right and precludes
all persons other than advocates from practicing law.
To not do anything whereby he abuses or takes advantage of the confidence reposed in him
by his client.
To keep accurate accounts of the clients money entrusted to him and to provide copies of
such accounts.
To immediately intimate the client of any payment received on behalf of the client.
To not enter into arrangements whereby funds in his hands are converted into loans.
To not lend money to his client for the purpose of any action or legal proceedings in which he
is engaged by such client.
To not appear for the opposite party in the same matter after withdrawing from an
engagement.
Duty to colleagues:
To not advertise or solicit work and to not indicate special positions, expertise, etc. in name
plates, name boards, stationery, etc.
To not facilitate unauthorized practice of law.
To not take an unreasonably low fee where the client can afford to pay
To not accept an engagement in a matter where another advocate has already been engaged
except with his consent or permission of the court