GUIDELINES FOR DESIGNATION OF ADVOCATES AS SENIOR ADVOCATES:

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R.N.I.No.TELMUL/2016/73158.

HSE No. 1051/2017-2019.

THE TELANGANA GAZETTE

PART- II EXTRAORDINARY

PUBLISHED BY AUTHORITY

No. 156] HYDERABAD, TUESDAY, NOVEMBER 20, 2018.

NOTIFICATIONS BY HEADS OF DEPARTMENTS, Etc.

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JUDICIAL NOTIFICATIONS

HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH

GUIDELINES FOR DESIGNATION OF ADVOCATES AS SENIOR ADVOCATES:

NOTIFICATION NO. 39/SO/2018

ROC No. 2674/SO/2017.- In supercession of the existing guidelines on the subject, the High Court Judicature at Hyderabad for the State of Telangana and Andhra Pradesh frames the following guidelines for designating Advocates as Senior Advocates, under Section 16(2) of the Advocates' Act, 1961 (Central Act 25 of 1961):

(1) All matters relating to designation of Advocate as Senior Advocate in the High Court of Judicature at Hyderabad for the State Telangana and Andhra Pradesh shall be dealt with by a Permanent Committee to be known as "the Committee for designation of Senior Advocate".

(2) The Permanent Committe will be headed by the Hon'ble the Chief Justice and consist of two senior-most Judges of the High Court; the Advocate General will be a Member of the Permanent Committee. The above four Members of the Permanent Committee will nominate another Member of the Bar to be the fifth Member of the Permanent Committee.

(3) The Permanent Committee shall have a Permanent secretariat, the composition of which will be decided by the Hon'ble the Chief Justice in consultation with other members of the Committee.

(4) All applications including written proposals by the Hon'ble Judges will be submitted to the Secretariat of the Permanent Committee.

(5) On receipt of applications for designation of Senior Advocates or proposals from Hon'ble Judges, the Secretariat will compile the relevant data and information with regard to:

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(i) The reputation, conduct, integrity of the Advocate(s) concerned;

(ii) Number of cases in which the applicant participated in probono work;

(iii) Reported judgments at least in 25 cases during the preceding five years, in which the concerned Advocate(s) had personally appeared and argued;

(iv) The source(s) from which information / data is to be collected is to be forwarded by the applicants by giving the case numbers and the citations of reported judgments to enable the secretariat to verify the same;

(v) The Secretariat will publish the proposal of designation of a particular Advocate in the official website of the High Court inviting suggestions on the proposal. Suggestions/ views received within 15 days from the date of the proposal will be placed before the Permanent Committee;

(vi) After the data-base in terms of the above is complied and all such information as may be specifically directed by the Permanent Committee to be obtained in respect of any particular candidate is collected, the Secretariat shall put up the case before the Permanent Committee for scrutiny;

(vii) The Permanent Committee will examine each case in the light of the data provided by the Secretariat of the Permanent Committee; interview the concerned Advocate; and make its overall assesment on the basis of a point-based format indicated below:

(viii) All the names that are listed before the Permanent Cormmittee cleared by the Permanent Committee will go to the Full Court.

(ix) Voting by secret ballot will not normally be resorted to by the full court except when unavoidable. In the event of resort to secret ballot decisions will be carried by a majority of the Judges who have chosen to exercise their preference/choice.

(6) The Advocate, to be designated as a Senior Advocate, should have:-

(i) A minimum standing of 10 years at the Bar, out of which not less than seven years shall be in the High Court of Judicature at Hyderabad for the State of Telangana and the State of Andhra Pradesh;

(ii) ordinarily appeared as the arguing Counsel in not less than twenty five cases, reported in law journals, in the preceding five years and should have contributed to the growth of law; or should have appeared in the Court as a Senior Law Officer of the Government i.e., the Additional Advocate-General or the Public Prosecutor or the Assistant-Solicitor General.

(iii) not been convicted by a competent Court, not have been charged for an offence involving moral turpitude or for contempt of Court of imposed punishment by the Bar Council of the State/Bar Council of India; and

(7) Canvassing in any form, including meeting the Judes, by advocate concerned, shall result in disqualification of the proposal.

(8) On acceptance of the proposal by the Full Court, the Registrar General shall notify acceptance of the proposal to the Advocate concerned. Intimation shall also be sent to the High Court Advocates' Association, the Bar Council of the State, the Bar Council of India, and the Registrar, Supreme Court of India.

(9) All cases that have not been favourably considered by the Full Court may be reviewed/reconsidered after expiry of a period of two years following the manner indicated above as if the proposal is being considered afresh;

(10) A designated Senior Advocate shall not appear in any Court or proceeding in the absence of his instructing Counsel. He shall also not draft pleadings.

(11) Withdrawal of designation:

In the event a Senior Advocate, according to the Full Court, is guilty of conduct which disentitles that person to continue to be worthy of the designation, the Full Court may review its decision to designate the concerned person and recall the same;

(12) The Registrar General shall notify withdrawal of the designation, and communicate the decision of the Full Court to the Advocate concerned, the High Court Advcates' Association, the Bar Council of the State, the Bar Council of India, and the Registrar, Supreme Court of India.

FORM OF CONSENT

I hereby express my consent, for being designated as Senior Advocate.

ADVOCATE.

FORM OF BIO-DATA

1) Name:

2) Father's/Husband's Name:

3) Address:

4) Permanent Address:

5) Age/Date of Birth:

6) Date of Enrolment:

7) Name of the Bar Association of which he/she is a member:

8) Number of years of practice, and in which Court/s:

9) If specialized in any branch of Law:

10) Whether he/she is, or has been, in the panel of Advocates of the State or Central Government, or a public sector undertaking, or a statutory body, or institution. If so, details thereof.

11) Particulars of important matters in which he / she appeared in the last five years, and particulars of, atleast, twenty five citations of reported cases during this period.

12) Names and particulars of Advocates associated with him in his/her chambers/office.

13) Particulars of cases in which he/she appeared as an arguing Counsel, on behalf of another Advocate, (not being an advocate from his chambers/office), during the preceding three years, and the name and particulars of the Advocate on whose behalf he/she appeared.

14) Particulars of articles, if any, published in any journal or books, if any, authored.

15) Whether associated with any faculty of Law (If so, the particulars thereof).

16) Particulars of the cases in which he/she provided free legal aid.

17) Whether his/her name was earlier proposed for being designated as Senior Advocate of the High Court of Judicature at Hyderabad for the State of Telangana and the State of Andhra Pradesh, or any other High Court, or of the Supreme Court of India. If so, the decision thereon.

18) Whether involved in any Criminal Case, or disciplinary proceedings before the State Bar Council. If so, the particulars, the result/the stage of the proceedings.

DECLARATION

I,........................................................................Son of ........................................................ Advocate hereby declare that the above stated particulars are true and correct.

Sd/- (NAME OF THE ADVOCATE) Hyderabad, 31-10-2018.

(Sd/) Registrar General

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Printed and Published by the Commissioner of Printing, Govt. of Telangana, at Govt. Central Press, Chanchalguda, Hyderabad.`