Advocate on Record

Advocate on Record

News: In a recent development, the Supreme Court of India dismissed a public interest litigation filed by an Advocate-on-Record (AoR), emphasizing that an AoR cannot be a mere “signing authority.”

Who is an AoR?
• The AoR system is influenced by British legal practices, distinguishing between barristers who argue cases and solicitors who handle client matters. In India, senior advocates are designated by the Court, akin to barristers, and cannot solicit clients but are briefed by other lawyers, including AoRs.
• Only an AoR is authorized to file cases before the Supreme Court of India. They serve as a vital link between litigants and the highest judicial authority in the country.
• AoRs are a select group of elite lawyers, primarily based in Delhi, whose legal practice predominantlyrevolves around the Supreme  Court. They may also represent clients in other courts.
• The concept behind the AoR system is to ensure that a litigant is represented by a highly qualified lawyer because the Supreme Court is often considered the last resort for legal remedies.

Are there are any criteria to become AoR?
Yes,
• An advocate must meet specific criteria set by the Supreme Court Rules, 2013.
• They must clear an examination conducted by the Supreme Court, which includes subjects like Practice and Procedure, Drafting, Professional Ethics, and Leading Cases.
• Before taking the exam, an advocate must undergo training with a court-approved AoR for at least one year. This training is preceded by a minimum of four years of legal practice.

Role and responsibility of AoR
• AoRs must maintain an office in Delhi within a 16-kilometer radius of the Supreme Court.
• After registration as an AoR, an undertaking is required to employ a registered clerk within one month.
• While Section 30 of the Advocates Act grants lawyers the right to practice law nationwide, it explicitly acknowledges the Supreme Court’s authority to establish rules under Article 145 of the Constitution for regulating its own procedure.