Law Students In Indian Courts: Can They Represent?

In India, law students can give legal advice, but they cannot represent someone in court unless they are registered as an advocate with any bar council of India and are supervised by a licensed attorney. However, non-lawyers can represent someone in court at the discretion of the court. The Supreme Court of the Philippines has also allowed second-year law students to represent clients in court pro bono.

Law students can give legal advice

In India, law students can give legal advice, but only on a personal note. If a law student gives legal advice while disguising themselves as a practising advocate, they are committing a punishable offence. The Advocates Act permits only recognised lawyers to give legal advice in a professional capacity.

There is no law that prohibits law students from giving legal advice to people on a personal basis. However, the advice should be correct, well-researched, and the advisor should be transparent about their status as a law student. Law students should also recommend that advice seekers consult a qualified lawyer for further guidance.

In India, a person has the right to fight their own case without engaging an advocate. They can either represent themselves or be represented by a lawyer or anyone else the court permits. Law students can appear in court under the student practice act, but they must be supervised by a licensed attorney.

It is important to note that even a law graduate cannot represent someone in court unless they are registered as an advocate with any bar council of India.

Non-lawyers can represent someone in court

In India, non-lawyers can represent someone in court under certain circumstances. While the Advocates Act, 1961, defines a lawyer as someone who knows the law and is registered with any state bar council, a non-lawyer can represent someone in court at the discretion of the court.

According to the Act, a person can represent themselves in any Indian court, but the court must be satisfied with their ability to do so. If the individual does not have the means or is imprisoned, the state will provide a lawyer to represent them.

There have been landmark judgments by the Hon'ble Courts of India that support the statement that non-lawyers can appear on behalf of a litigant. For example, in Harishankar Rastogi v. Girdhari Sharma and Anr (1978), the petitioner sought permission from the Supreme Court to be represented by a non-lawyer.

Additionally, law students can appear in court under the student practice act, but they must be supervised by a licensed attorney. They can also appear before an inferior court as an agent or friend of a party without the supervision of a member of the bar.

It is important to note that while non-lawyers may be allowed to represent someone in court in specific cases, they are not legally permitted to provide legal advice or services without a license.

Law students can represent indigent clients pro bono in the Philippines

In India, a law student can give legal advice, but for safety reasons, they should make it clear that it is a suggestion and further guidance can be sought from a qualified lawyer. A law student in India can appear in court under the student practice act, but they must be supervised by a licensed attorney. They cannot represent anyone but themselves without committing a crime unless they are registered as an advocate with the Bar Council of India.

In the Philippines, the Supreme Court has expanded the rule of law practice to allow second-year law students to represent indigent clients in court pro bono. This expansion of Rule 138-A was implemented to address the shortage of lawyers in the country and to ensure that economically disadvantaged individuals are represented in court. The Integrated Bar of the Philippines (IBP) also has a Legal Aid Program that provides pro bono services to indigent individuals. The IBP works with various departments and agencies to provide legal aid clinics, outreach programs, and seminars, as well as free consultations and representation in specific cases.

The Philippine government is committed to ensuring that poverty is not a barrier to accessing justice. The Supreme Court has introduced guidelines for remote consultations and court proceedings to minimize costs for indigent clients. However, challenges remain, including limited resources, case backlogs, and geographic limitations.

Overall, the Philippines has made significant strides in providing free legal services and pro bono assistance to those in need, with the support of the government, the IBP, NGOs, and individual lawyers.

Law students must be supervised by a licensed attorney

In India, law students can give legal advice, but it should be useful and given with proper knowledge. They can also appear in court under the student practice act. However, they must be supervised by a licensed attorney. Without supervision by a licensed attorney, a law student can only represent themselves in court.

The Advocates Act of 1961 states that a person can represent themselves in any court in India, but it is subject to the court's satisfaction. The court may also allow any person to appear before it, even if they are not an advocate. This means that a law student can appear before an inferior court as an agent or friend of a party without the supervision of a member of the bar.

In certain circumstances, the court has the power to permit a private person who is not an advocate to appear before it in a particular case. For example, in criminal cases heard in NSW, an accused person can be represented by themselves, by their lawyer, or by anyone else the court permits.

In the Philippines, the Supreme Court has expanded the law to allow second-year law students to represent clients in court pro bono. This expansion seeks to amend the old condition that only those who have completed the third year of a four-year law degree are allowed to represent clients.

Law students can appear in court under the student practice act

In India, law students can appear in court under the student practice act. However, they must be supervised by a licensed attorney. Without supervision by a legal professional, a law student can only represent themselves in court.

Section 32 of the Advocate's Act gives the court the power to permit any person to appear before it, even if they are not an advocate. This means that a law student can give legal advice, but it should be useful and given with proper knowledge. For safety, a law student can mention that their advice is a suggestion, and that for further guidance, a lawyer should be consulted.

In criminal cases heard in NSW, the law is that an accused person can be represented either by themselves, by their lawyer, or by anyone else who the court permits to represent them. This means that, generally, you will have two choices in court: get a legal representative or appear in person.

A law student may appear before an inferior court as an agent or friend of a party without the supervision of a member of the bar. However, a law graduate cannot represent someone else in court unless they are registered as an advocate with any bar council of India.

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