Legal practitioners in India are called Advocates. An Advocate is one who has obtained a Bachelors of Law (LL.B.) degree and is admitted to the Bar in any state in India. State Bar Councils commonly referred as Bar Councils, do not conduct entrance examinations. LL.B.degree holders can obtain admission to the Bar Council of the state in which they intend to practice law.
On admission to the Bar Council, Advocates are eligible to appear in any courts in India
In Mumbai, the British solicitor-barrister system is in vogue. To become a solicitor, a candidate has to complete three years of article with a solicitor and then pass the solicitor's examination conducted by the Bombay Incorporated Law Society. Major clients in mumbai prefer to deal with solicitors.
English is the official language in India, and all legal contracts are drafted in English. However, in smaller towns, contracts and court proceedings are drafted and conducted in local languages.
Law firms in India are fairly small in size. Under the partnership Act, a firm cannot have more than 20 partners. Except for a few firms, most law firms are small sized. When dealing with Indian lawyers, the abilities and time constraints of the individual lawyer should be given greater importance than the size of the firm.
Companies interested in business in India should kindly take note that Indian lawyers are not required to carry malpractice insurance. Generally, the Indian courts do not award high damages in malpractice and tort cases. Therefore, Lawyers should be chosen cautiously. Litigation in India can be long-drawn. Thus, adequate precautions should be taken ab initio. Mediation and Arbitration clauses should be inserted in all contracts.
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