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Lawyers who leave practice and take up non-law jobs for more than 5 years will have to reappear for AIBE: BCI to Supreme Court

The affidavit further said that other details with regards to the issues under consideration, including the constitution of various committees to look into legal education and the state of the profession, will be handed over to the Court during the next hearing in a sealed cover.

On holding of AIBE, the BCI submitted that it has decided to re-constitute the Monitoring Committee for the exam.

Two judges who are member trustees of BCI Trust was entrusted with the responsibility of nominating a former Supreme Court judge who would then select an agency to hold the AIBE.

Pursuant to that, a retired Supreme Court judge has already been nominated who will be the chairperson of the Monitoring Committee.

The names of the judge and other members of the committee will be submitted in a sealed cover, it was stated.

Regarding inspection of law colleges, the BCI said that surprise inspections will be carried out in law institutions under the chairpersonship of retired judges and Senior Advocates, with the Council having already written to Chief Justices in this regard.

“The Council has constituted a central monitoring committee for surprise inspection. The names of the members of the committee shall be placed before the Court in a sealed cover,” it was submitted.

The visiting team for surprise inspection will consist of one former judge of the High Court, one teacher of law, one teacher of non-law subjects, one member of the State Bar Council or any Senior Advocate of advocate having at least 25 years practice at the Bar.

Thought the BCI has written to the High Courts to forward names of retired judges who can lead the teams for surprise inspections, only a few High Courts have responded to the BCI’s request, it was submitted.

Interestingly, the affidavit said that the BCI had requested Senior Advocate KV Viswanathan to be a part of either the Legal Education Committee of the BCI or the Monitoring Committee for the AIBE, but he refused citing the pendency of the present case before the top court.

However, since the case is not a personal litigation but is only aimed at improving the standards of legal profession, the BCI does not find any harm in Viswanathan becoming a part of the monitoring committee, the affidavit said.

Towards placements of junior advocates with seniors at the top court, the Council stated it has resolved to write to all Senior Advocates towards the same. Similarly, State Bar Councils will also write to seniors in their High Courts and district courts for employing and mentoring junior counsel.

Seniors in this case need not have 25 years of experience if competent ones without that much experience are found who are willing to accommodate junior counsel. Further, the office-bearers of the Council will write to the Supreme Court Bar Association for placement of fresh law graduates.

For qualifying for placements, law students will have to sit for objective-based online tests based on subjects taught.

Source: Barandbench

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