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PDF Editor FAQ

As a lawyer, what was one case you refused to represent, why?

I am someone who is generally a staunch supporter of the “cab-rank” rule. The Cab-rank rule is the obligation of a barrister to accept any work in a field in which they profess themselves competent to practise, at a court at which they normally appear, and at their usual rates. The rule derives its name from the tradition by which a Hackney carriage driver at the head of a queue of taxicabs is supposed to take the first passenger requesting a ride.The only occasions I refuse representation to a person is when the prospective client insists on going ahead with a line of argument or a set of practices or tactics which are plainly unethical and is tantamount to misleading the Court, or committing willful contempt of Court. This is owing to the fact that I am a firm believer that Advocates are not mere service providers. Our duty as legal professionals is first and foremost to the Court, and only then to the clients who come to us. Advocates are officers of the Court, and ought to uphold the interests of justice above all. While we should diligently represent our clients and uphold their interests, if their interests are at odds with the interests of the justice system, the justice system comes first.One instance I can use to shed light on this is an incident which happened to me rather early in my practice at the Calcutta High Court. I was representing a company before the Bench taking up company matters in an appeal from the Company Law Board's judgement in a matter related to oppression and mismanagement of minority shareholders. I was assisting senior counsel in the matter, and in order to secure stay on the operation of the CLB's judgement, the senior counsel, upon confirming the same with the clients’ representatives, assured the Hon'ble Court that the client would furnish an unconditional bank guarantee for a sum of Rs.2.05 crores with a letter of undertaking from the bank and an affidavit of undertaking promising to pay the aforesaid sum on or before 31st March, 2017, in return for being allowed to run the company to the exclusion of the respondents in the appeal. Devoid of legalese, this basically was an undertaking given to be allowed to run the company by themselves.On the adjourned date, however, we found out that the company had taken no steps to get a bank guarantee and had prepared an affidavit filled with contemptuous language, deriding the order of the Hon'ble Court. The Senior Counsel was understandably furious, and returned the brief right away, since the only reason the Court granted stay of the judgement was his assurance that the bank guarantee would be given and the amount being paid at a later date. I took one look at the affidavit prepared by the client, and absolutely refused to take responsibility for it and file it before the Court. Despite speaking to the head honcho of the company and trying to convince him that such a step was absurd and would land them in contempt of court, he refused to see reason.I appeared before the Court and sought permission to withdraw from the matter, since I was the Advocate-on-record and the client did not agree to release me from the matter. The Hon'ble Judge immediately understood the reason for my withdrawal from the matter, and after granting me permission to withdraw, called the clients’ representative to the box, and began berating him for the company's contemptuous conduct. A rule of contempt was issued and the company's majority shareholders and directors were directed to be personally present on the next date to show cause as to why they should not be punished for contempt of court.As an Advocate, one should never proactively allow any client to commit contempt of court, and one should always place the interests of the justice system above those of the client. That is my firm belief.

What are the steps to enroll as an Advocate with the Bar Council of Delhi?

Every Law student who wishes to practice as an advocate must register with their respective State Bar Council after which s/he shall undertake the Bar Examination (AIBE) to get License to Practice.The steps to enroll as an advocate with Bar Council of Delhi is tedious one.Step 1.Obtain the Application form from the Office of Bar Council of Delhi for a sum of INR 1000/-[1] . The address is as below:Bar Council of Delhi2/6, Siri Fort Institutional AreaKhel Gaon Marg, New Delhi-49Helpline No: +91 11 – 264 95 196Fax No: +91 11 264 93 856Step 2. Fill the Enrollment Application Form + Identity Card Form + Form V ( Delhi Advocates Welfare Fund)The completely filled form shall be accompanied by the following key documents and items:LL.B Degree or Fresh Provisional in lieu of Degree. (Original to be submitted)LL.B Mark-sheet of each Semesters. (Self Attested Photocopy of each semester)Graduation degree or Fresh Provisional in lieu of Degree. (for candidates with 3 Year LLB Degree)Graduation Mark sheets of each year or consolidated mark-sheet (Self Attested Photocopy)XIIth marksheet and certificate (Two Self Attested Photocopy)Xth Marksheet and Certificate (Two Self Attested Photocopy)Proof of Residence (see form for details) Example: Self Attested Photocopy of Aadhaar Card.Attendance Certificate confirming the attendance of 66% of the classes held in LL.B. (Original)(Can be obtained from your college)Affidavit of explanation of gap from 10th to update. (Not Applicable on Fresh Law Graduates)Affidavit of intended place of practice. (10 Rupees Non-Judicial Stamp Paper from Notary) Prescribed Format is given in the form itself.Proof of Past Occupation (see form for details)Character Certificate issued from College. (Original)5 Passport Size Colour Photograph (Black Coat, White Shirt, Black Tie) attested on back by the Advocate who fills your ‘Certificate of Good Moral Character’ printed on the form.Please note that the Two Advocates who gives you ‘Certificate of Good Moral Character’ should be enrolled for atleast 10 years in the Bar Council of Delhi.Don’t forget to fill the Identity Card form.Step 3: Reach the Bar Council of Delhi Office at Siri Fort.Go to 2nd Floor.Carefully attach by punching and tieing with a string all the documents in order, take an envelope and put your rest of the passport size photograph.Now submit the form along with documents for verification, where maam will put all the required stamps on the form.She will then give you Green Coloured four fold Challan.Fill it and take it to Accounts Sections as directed by the ma’am.There you given be give 4 Challans of IDBI Bank with respective amounts.Go to the Bank in the next building.Total Amount to be deposited to the teller: 8950 + 150 + 700 = Rs 9800Take all the Challan Receipts.Step. 4Go to 2nd Floor again to deposit the Challan Receipts. Don’t forget to take the RECEIPT from the office.Step. Take the Advocate Welfare Fund Form (White form) to 1 st floor along with remaining challan receipts.Congratulations, you have successfully completed the tedious task. Now wait for 15–30 Days to get your enrollment certificate.Please note: The floors have changed.Further read:Bar Council of Delhi———The author, Ritu Rajkumari is an advocate practicing as Litigation Attorney primarily in Central Administrative Tribunal (CAT), High Court of Delhi and Supreme Court of India since 2017.Footnotes[1] Bar Council of Delhi

After my parents recieve their green card from me, am I in some way responsible for them? Like financially or legally?

Yes. If you petition for your parents’ green card, you also have to provide an affidavit of support undertaking financial support so that they do not become “public charge”, i.e., dependent on state funding for upkeep, healthcare, etc. You’ll have to reimburse the government if they accept any public benefit. This obligation continues until they become citizens or work for the minimum period needed to qualify for social security benefits.

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