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If a person is confronted with any problem or has any legal rights that are threatened or hurt, he goes to court. An advocate can help the person make himself present before the court. Advocates aid people in protecting and securing their rights. What about the rights of advocates? How are they protected?
Advocate rights
Many laws provide details of the rights to advocate. These rights of can be understood from a variety of legislations.
- Right up to pre-audience
Section 23 of 1961’s advocates act contains the privilege or right of pre-audience. Pre audience can be described as the right of another person to be heard. It is available in accordance with the hierarchy system shown below.
- Attorney general
- Solicitor general
- Additional solicitor general
- Second additional solicitor, general and advocate general of India
- Advocate general of any state
- Senior advocates
- Other advocates
The attorney general is entitled to pre-audience. After him, he will be the solicitor general and then the additional solicitor general. The advocate general may be from any state. Finally, they are followed by senior advocates as well as other advocates.
An advocate can represent his client in court. Advocates are allowed to speak to the court before any audience. Unless he breaches or disregards the court’s decency, advocates cannot be prevented from speaking.
- Right to practice this profession
Advocates are permitted to practice their profession in one of two categories: general protection or specific protection.
General protection is provided by Article 19(1) (g) of India’s constitution. It provides that everyone has the right to practice any occupation or trade and can also maintain any business.
Section 30 of 1961’s advocate act gives an advocate special protection with respect to the right to practice. Every advocate whose names are on the state rolls has the right to practice in all the courts and any tribunal in any territory to which the act applies.
- The right to go into any court
Section30 states that every advocate may practice in any court. An advocate also has the right of entry in any court regarding any related matter. An advocate also has the right to go to the Supreme Court. He can observe any proceedings in any court, no matter whether he is involved in the case or not.
- Right against arrest
Section 135(c) of the civil procedure code guarantees that an advocate is not arrested. It defines the conditions under which advocacy can be arrested. This section says that no advocate can be taken into custody under civil process if he’s going to court, is presiding in the court, or is returning from it.
- Right to meet accused
The meeting of the advocate with the accused is crucial for understanding any case and getting to the bottom of the matter. Advocates have the right to meet the accused wherever and whenever they wish. The advocate is able to meet the accused on a daily basis. The advocate is also allowed to meet with the accused inside or outside the jail. However, the meeting at the jail can only be limited to a specific time.
If you are a person who is concerned about your legal rights and wants to ensure that you are represented by the best lawyer possible, then you should consider hiring the best lawyers in Delhi. There are many great lawyers in Delhi who can help you with any legal issue that you may face.
