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This is an archive article published on May 23, 2016

It is mandatory for lawyers to give bills to clients: Rajat Gautam chairman Bar Council of Punjab & Haryana

According to the rule book, the lawyers have to give bills to their clients. If they do not give bills, the litigants should ask for it.

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The chairman of the Bar Council of Punjab and Haryana, Rajat Gautam, talks to Swati Mahajan about the new endeavours of the Bar Council in order to maintain transparency in the functioning, its future plans, including opening a law college, and various other issues.

What is being done to keep a tab on fake degrees of lawyers?

The Bar Council of Punjab and Haryana has started a drive to identify genuine lawyers, in which we are checking the certificate of practice and verification rules. We have carried out a drive to identify the genuine lawyers who are practicing with the Bar Council of Punjab and Haryana and have set a fixed criteria. The first category is for lawyers who have fake degrees and the second for those who have pursued a degree of law from a genuine university, but do not practice. The second category is either working as farmers or doing some other business. The drive is being carried out all over India. At present, 85,000 lawyers are registered with us, out of which 25,000 have got themselves registered with us under this drive. The others are yet to identify themselves. The last date for doing so is June 30.

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Like every profession, lawyers also have litigants as their clients. But very few lawyers give bills. Do lawyers come under the Consumer Act?

According to the rule book, the lawyers have to give bills to their clients. If they do not give bills, the litigants should ask for it. It is mandatory for lawyers to give bills. But in some cases, the client only insists that he doesn’t want a bill.

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There are lawyers who indulge in illegal practices. What you have to say about them?

There are all kinds of people in every profession. Those who indulge in such practices are booked by law for their acts. It’s not that lawyers who indulge in illegal acts go scot-free.

What about lawyers seeking money in cash than cheque?

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I have not heard of such cases. If anyone wants to complain against a lawyer who is insisting on taking money in cash, then the litigant should approach the Bar Council. I have many clients who deposit the money in account by cheque.

We have seen that if a lawyer is in the middle of a dispute, then all the other lawyers gather at a place in support. Is this practice right?

There is nothing wrong in this practice. What is wrong in it if a lawyer is in trouble and all others go and support him. However, the law and order should not be affected because of such gathering. Since lawyers are themselves well-versed with the law, they should ensure that it is not disrupted by them.

What have been the achievements of the Bar Council of Punjab and Haryana?

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We are planning to make everything in the Bar Council transparent. The expenditure of the Bar Council and other details of meetings will be available on the portal of the Bar Council of Punjab and Haryana. We have also made a fixed deposit of the Bar Council. In the last eight months, we have made a fixed deposit of Rs 1.5 crore. All these details will be available online.

What are the plans for Bar associations in Punjab and Haryana?

We plan to make the Bar associations in various district courts across Punjab, Haryana and Chandigarh Wi-Fi accessible. We have already started the Wi-Fi facility at the Kaithal Bar association. We are also conducting legal training camps for lawyers.

Lawyers come from other states to practice in Chandigarh. What problems do they face and what is the Bar doing to address them?

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Advocates who come to Chandigarh to practice from other states like Punjab, Haryana or Himachal face accommodation problems. They do not find a good place to stay. We are building flats for advocates who are on the rolls of the Bar Council of Punjab and Haryana. A meeting regarding this will be held soon.

What do you have to say about the shortage of stenos in district courts across Punjab and Haryana?

There is a shortage of stenos and judgment writers across the country. It is important for a steno to be fluent in English. Those who are good in English do not apply for the post of a steno. Thus, getting good stenos is a problem.

Should the Bar Council be inviting politicians for convocations?

It’s not true that we always invite politicians for such occasions. We can give degrees by post as well. The idea of convocation is to motivate the youngsters. We invite people who have done something for the society. We have invited the Chief Justice of Punjab and Haryana as well as the cabinet ministers and chief ministers. They come and motivate the youngsters.

Is there any plan to build a law college?

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We will be opening a law college and the Chief Justice of India will inaugurate it. A general house meeting regarding this will be held on May 29.

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