At present lawyer or advocate is a respectable profession in society. However, many people have many questions about how to become a lawyer or advocate. So today I will write the details of what you need to know if you want to be a lawyer.
Table of Contents
Initial condition
The first and foremost condition for becoming an advocate in Bangladesh is that the candidate must be a citizen of Bangladesh and have completed 21 years of age. When these two are complete, then start your second step.
The second step is to obtain a law degree from any reputed university. What to do if you want to read the law discussed to the next para.
What to do if you want to obtain an LL.B degree?
According to the Bangladesh Bar Council Rules and Orders, to become a lawyer, one must have a degree in law from a recognized university within Bangladesh or have a degree in law from a university recognized by the Bar Council in Bangladesh, which must be verified with an equivalent certificate.
If anyone is a Barrister at Law, he is eligible to appear for the examination in Bangladesh Bar Council.
It is to be noted that two types of law degrees are currently offered in Bangladesh.
First, four years LL.B (Hons) in a government or private university after passing HSC or equivalent and two years LL.B degree from different law colleges after graduation in any other subject. At present, degrees of law can obtain in these two ways.
Qualifications to be an advocate
After obtaining the degrees mentioned above in law and fulfilling the above conditions, anyone can fill and submit the Bangladesh Bar Council’s Pupilage Registration or Apprentice Lawyer Form.
The first step in becoming an Advocate is to submit to the First Intimation to the Bangladesh Bar Council.
It is essential to note satisfactory evidence like the applicant’s birth certificate needs. Satisfactory evidence of legal competence under Article 27, testimonials of two persons who are well-versed in the character and conduct of the applicant A contract must be made with a senior (who has at least ten years of regular advocacy experience). And there will be a receipt for sending the fee bank draft or pay-order prescribed in favor of the Bangladesh Bar Council.
Immediately after passing the examination for graduation or any other degree in law, send the said contract, affidavit, and receipt for sending bank draft or pay-order to the Secretary of Bangladesh Bar Council.
Once the Pupilize or First Intimation Form has been completed and submitted to the Bangladesh Bar Council, they will provide a copy of the receipt with the seal, signature, and date.
After receiving the copy, it is your responsibility to spend six consecutive months in the Chamber with your Senior Advocate. To do Practically learning court proceedings.
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Steps to the Advocate Enrollment Exam
The Bar Council will issue a registration card with you if you have completed six months from the date the Bar Council submitted the People’s Registration Form, where a registration number is given.
Usually, the Bar Council does not send the registration card by post due to their busy schedule; the candidate has to go directly to the Bar Council office to collect the registration card. Once you have received the registration card, you are considered eligible to take the upcoming Advocate enrollment test.
After six months, you will inform about the date of the subsequent three-step examination of Advocate Enrollment. Then, you will be asked to submit the application form again to participate in that examination subject to the attachment of many papers, which we call Second Intimation or Application for Enrollment of Advocate.
Receipt of the bank draft or pay order or cash deposit in the bank’s account for the prescribed fee favoring Bangladesh Bar Council after receiving the notification. Certificate of successful completion of apprenticeship from senior.
A list of ten Civil & criminal cases with the signatures of examinee and senior, sealed and dated, along with the full details of the cases received during the apprenticeship. The candidate himself was present in the court with his senior.
In addition to this, all required documents, including educational certificates, character certificates, and photographs, have to be submitted in person to the Bar Council. After submitting the second intimation, the admit card will be issued along with you.
Advocate enrollment test procedure
After receiving the admit card, the candidates will have to first participate in the 100 marks in the MCQ system with pass number 50. Then, if you pass the MCQ exam, the candidate will have to sit for the written test of 100 marks; the pass number of this test is also 50.
If he also passes the written test, the candidate will be called for the oral test number 50 in the last step. The judges of the Supreme Court ask questions in this oral examination.
In the oral examination, questions are asked from the subjects studied by the candidate under the senior lawyer. If a satisfactory answer is given, a candidate is given a certificate from the Bangladesh Bar Council as an Advocate.
The subjects of the Preliminary or MCQ
Preliminary MCQ and written examinations are held on a total of seven subjects. 20 from the Civil Procedure Code, ten from the Specific Relief Act, 20 from the Code of Criminal Procedure Code, 20 from the Penal Code, 15 from the Evidence Act, ten from the Limitation Act, five from the Professional Conduct of Bar Council Rules, and five from the Legal Decision in the primary or MCQ examination. The question is—a total of 100 MCQ numbers which must answer within 1 hour.
The subjects of written test
Advocate enrollment written test will be in six groups in total. For example, group A will have three questions from the Civil Procedure Code and the Specific Relief Act, two of which will have to be answered.
Here is the number 15 of each question. For example, section “B” contains two questions from the Criminal Procedure Code, and one has to be answered. Here the integer is 15.
Section “C” contains two questions from the penal code, one of which must be answered and the full 15. Sections “D” and “E” will consist of a total of four questions, two from the Evidence Act and the statute of limitations, as before, and two will have to be answered.
The total value is fifteen. The last section will ask two questions from Professional Behavior, Bar Council Rules, and Legal Decision. Must answer a total of 100 numbers.
Legal profession management and advocate
If you pass the MCQ, written, and viva voce you are qualified as an advocate and only practice law in the trial or lower courts in Bangladesh.
After gaining a house as an Advocate from Bangladesh Bar Council, you can conduct your legal profession by becoming a member of your coveted Bar Association. Every district court has a bar association.
Qualification to be a High Court Advocate
If you want to pursue a legal career in the High Court, you must have two years of experience working as a lawyer in a trial/lower court. And then, the High Court Division will be qualified to take the certificate as a lawyer.
To acquire this qualification, one has to enter into an apprenticeship agreement with a senior lawyer who has been practicing in the High Court for more than ten years.
You will have to practice for one year under Senior Advocate. In addition, you will have to enroll again in the Bar Council with the High Court enrollment test at the end of one year.
Practice in the Appellate Division
Suppose an advocate has five years of practice in the High Court Division. The High Court judges recognize him as a suitable and suitable person to conduct the legal profession in the Appellate Division of the Supreme Court of Bangladesh.
In that case, the Enrollment Committee allows him to handle the case in the Appellate Division subject to certain formalities.
However, in addition to performing this formality, the Chief Justice and other judges of the High Court Division may allow him to practice in the Appellate Division if he deems it particularly suitable.
Conclusion
In most countries, there are people involved in the legal profession because of the diversity of the work of different sections of the law, which cannot be called a lawyer in the American style.
Apart from lawyers, clerks, attorneys, law clerks and judges are also closely involved in this profession.
Due to the differences in the laws of different countries and their application, it is not possible to give a general definition of this profession.
Advocacy is a profession that cannot be improved without dedication, sincerity, and effort. Honesty and dedication are essential in assisting the judge in the proper conduct of justice and in identifying the guilty.
That is why the legal profession is identified as a noble profession. [JS Yadav v. Mostafa Haji Mohammad Yusuf, AIR 1993, SC]
However, in common parlance, lawyers are those who, through the proper application of the law, assist in the disposal of cases by presenting documents, evidence, and arguments in the court for and against various types of cases.
Therefore, it is very important for Advocate to perform their duties with honesty and integrity. Because a person can be sentenced to death for a false document.
This profession is both a matter of dignity and responsibility.
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