the goan I network
PANAJI
Earning the coveted ‘senior counsel’ designation from the full court for excelling lawyers practicing their craft at the Bombay High Court is now guided by written rules which make the process more transparent and objective.
Following directions of the Supreme Court, which in an order earlier this year penned by current Chief Justice Gogoi asked all high courts to codify the process, the Bombay High Court has notified the new rules in mid-October.
The new rules set up a five-member ‘permanent committee for designation of senior advocates’ comprising the Chief Justice, two senior-most judges of the High Court, the Advocate General and a nominated member of the Bar. This ‘permanent committee’ is tasked with assessing the case of each candidate before referring them to the ‘Full Court’ for the final call.
Formerly, lawyers came into the zone of consideration for the designation only by suo-motu recommendations of either the Chief Justice or any Permanent Judge of the High Court. The new rules now allow lawyers to also apply for the designation, provided they have actively and actually practiced for more than 10 years and are endorsed by at least two jurists already designated as senior counsels.
The new rules specify that proposals received from the Judges as well as the applications from lawyers must be submitted to the ‘permanent secretariat’ headed by the High Court’s Registrar General and with the Registrar (Judicial) as its Secretary.
The ‘permanent secretariat’ is mandated to compile a dossier on the reputation, conduct and integrity of the candidates, including their participation in pro-bono work and reported judgements in cases they have appeared in. The proposal will then be uploaded on the High Court’s website, inviting views, in writing, from members of the Bar.
The case of each candidate will then be adjudicated by the five-member ‘Permanent
Committee’ which will also hold an interaction (interview) with the advocate concerned.
The rules also specify that the overall assessment of each advocate will be done on a points-based format: 10 points for 10-20 years practice and 20 points for more than 20 years of practice; 40 points for judgements which indicate legal formulations advanced by the advocate, pro-bono work done and his/her expertise in various branches of law such as Criminal, Constitutional, Inter-State Water Disputes, Arbirtration, Corporate, Family, PIL and International Law; 15 points for Publications by the Advocate and finally 25 points for test of personality and suitability on the basis of the personal interaction.
