Are you a law student? If you are a law student then you must know that whether you can represent a case in a Court on behalf of any party without obtaining a license of a Legal Practitioner or not. Because just completing a Bachelor in Law is not enough to represent a case on behalf of any party in a case.
Many people may think that if they have knowledge of law and legal provisions then they can easily present or plead on behalf of others but it is not true. Yes, even if you have indeed completed a Master in Law (LLM) or Ph.D. in Law you cannot plead or present cases in a Court on behalf of others without being a licensed legal practitioner.
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There is strict law governing the rules for presenting or pleading a case in court on behalf of others and also the Professional Code of Conduct for Legal Practitioners to regulate the attitude and actions of a Legal Practitioner.
So, even if you have obtained a license as Legal Practitioner then you also must abide by the Code of Conduct for Legal Practitioners. If you violate any rules or do anything against such rules then you will be punished for your actions. So, a Legal Practitioner must also live and perform their actions under rules made to govern their actions and behaviors.
If you want to present a case in Court on behalf of any party then you must have a licensed Legal Practitioner. If you have completed your Bachelor's Degree in Law then you are qualified to get a license by taking the BAR Exam for the License of Legal Practitioner.
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If anyone who has no license of Legal Practitioner and has the right to represent the case in Court on behalf of another but he/she does try to attempt to represent a case on behalf of others then he/she will be punished. The punishment for such things is a fine not exceeding two thousand imprisonment not exceeding six months or both.
(Section 25 of Nepal Bar Council Act, 2050)
Unauthorized Persons not to Practice Legal Profession: (1) No one shall be present in a Court or Office and plead on behalf of any party in a case without holding the license of a Legal Practitioner.
(2) Notwithstanding anything contained in Sub-section (1), a Legal Practitioner who has received a license from any foreign country may plead (argue) in a particular case, on behalf of the party to a case upon receiving permission from the court.
(3) Notwithstanding anything contained in Sub-section (1), in a case, government advocate, party to a case, and in a district where Legal Practitioners under this Act are less than in a total number of Ten, any other person may present in a Court or Office on behalf of a party to a case.
(4) If a person commits an act against the provision of Sub-section (1), he/she may be liable for a punishment of a fine up to Two Thousand Rupees or imprisonment up to Six months or both.
Sub-section 4 of Section 25 of the Nepal Bar Council Act, 2050 deals with the conditions in which an unauthorized person also can represent or plead a case in Court on behalf of any party.
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In this article, you have come to know whether a person who has not obtained a license as a Legal Practitioner can represent or plead a case in Court on behalf of another or not. If such a person can represent such a case then what the conditions should be. If you have any questions or queries then feel free to comment. Thank you for reading this post.
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