This article is written by Namrata Mondal, from The Oxford College of Law, Bangalore, an intern under Legal Vidhiya.
ABSTRACT
The legal system plays a crucial role in upholding justice, protecting individual rights, and maintaining the integrity of democratic institutions. As society evolves and changes through the years, there arises a need for an adaptive legal framework, and thus the government introduce various regulatory legislation and implements it through the executive branch. These adaptive and newly emerged legal regulations have far-reaching implications for the best practices of legal professionalism.
This research work contains mainly those methods /practices/procedures that are considered to be the best practices in legal regulation. Also, various legislations controlling and governing legal aspects, be it legal education, practices, ethical conduct, regulatory bodies, bar councils/associations, a consumer-centric approach, autonomous function of the legal system and punishments for professional misconduct, etc.
This article provides the notion of ‘best global research practices’ by analysing various methods adopted by countries such as the UK, USA, Australia, and Canada via their legislations, along with the Advocates Act of 1961, in India. This is the reason why this article becomes important to get practical exposure to the idea of global best practices.
KEYWORDS
Bar councils, State bar council, ethical conduct, autonomous function, global best practices, regulatory bodies, legal aid, Legal Services Act 2007, solicitors regulating authorities,
INTRODUCTION
The world is becoming increasingly interconnected, and legal systems across jurisdictions are modernising and evolving day by day. At the heart of these legal systems lies the legal profession – the cornerstone of the justice system worldwide. It plays a crucial role in upholding the rule of law, ensuring fair trial, justice, transparency and proper accountability.
‘Global best practices’ refers to the universally acknowledged systems, mechanisms, standards, and frameworks and ensures that legal professionals work in the best possible way to serve justice efficiently and ethically while complying with the provisions of law. These practices are evolving continuously to meet the changing needs of society.
Legal practices, inter alia, on a global scale encompass a wide area, ranging from establishing independent bar associations, and professional legal education, to codified legislation to make sure that lawyers are disciplined and act in the best interest of justice.
Countries like the UK, the US, Canada, and Australia are focusing on reforms such as licensing process, consumer protection, due process, integration of technology in the legal process, etc. Their jurisdictions serve as a benchmark on how the regulatory bodies function while keeping the autonomy of the legal professionals intact and maintaining public accountability.
On the other hand, India, with its rich cultural heritage, diversity and evolving democratic governance, has made significant efforts to regulate the legal system through the emergence of the ADVOCATES ACT of 1961. This act is the main legislation made to guide legal practitioners and provides for the constitution of the bar councils at both the central and state levels. The act contains 7 chapters, 60 sections and 1 schedule. Along with this, the act is not just a piece of legislation; rather, it reflects India’s commitment to hold the legal system autonomous and independent with dignity in the largest democracy of the world.
Best legal practices and governing legislations in various countries
UK – GOVERNING ACTS
Legal Services Act, 2007 (LSA) ( with all changes made till 7th July 2025)
Governing areas- This act was enacted to make provisions for the establishment of legal service boards and their functions, persons dealing with legal activities, complaints office, schemes to consider and determine legal complaints, claims management services, immigration advice and services, legal aids, about the application of the legal profession and legal aid ( Scotland) act 2007, Scottish legal services ombudsman and for connected purposes.[1]
Part 1
talks about regulatory objectives which include Protecting and promoting the public interest, improving access to justice, protecting and promoting consumer interests, encouraging the independent legal profession, adherence to legal principles, etc.
Also provides a list of professional principles where authorised persons are bound to act with integrity and independence, maintain proper standards of work, and they should also act in the best interests of their clients. [2]
Part 2
Talks regarding the Establishment of legal services boards and their constitution also its functions. Functions to be discharged by the boards are-
- To promote regulatory objectives
- Maintaining the standards of regulation, education and training
- The board must have regard for the principles of good corporate governance in managing its affairs
- Must prepare an annual report for each financial year etc.
- The board must establish and manage a panel of persons ( to be known as the consumer panel) to represent the interests of consumers[3]
Along with these, other aspects promote best legal practices, such as provisions for offences, financial penalties, determined functions of appellate bodies, licensing rules, licensed bodies, disqualification of license, procedure for legal complaints, ombudsman and inclusion of 24 schedule.
Besides these, there are other governing acts like, solicitors regulating authorities(SRA) which is the regulatory body for solicitors and law firms in England and Wales, Bar Standards Board (BSB) regulates barristers and specialised legal services business in England and the UK, solicitors disciplinary tribunal (SDT) manages the breaches of rules and regulations applicable to solicitors and their respective firms. [4]
USA-GOVERNING ACTS
American Bar Association, (ABA)
It was founded in 1878 and committed to advancing the rule of law across the United States and beyond by providing legal professionals practical exposure, model ethics codes and more. From 1878 till 2024 it has gone through various changes and adoption to cover the growing needs of the legal system.
It upholds the ideals of liberty and justice for all. Promotes best quality legal education, ethical conduct and professionalism and ensures pro bono cases in the interest of the public, eliminates bias and focuses more on diversity.[5]
Model Rules of Professional Conduct (MRPC)
Model rules of professional conduct were adopted by the ABA(American Bar Association) in 1983, replacing the Model Code of Professional Responsibility. It contains 59 rules shaped in 8 chapters. It is recognised to be the model for guiding the ethical and professional conduct of legal practitioners and maintaining integrity. Although not binding in nature, the bar association has adopted it to enhance its legal system. These guidelines shape interactions between lawyers, clients and courts; each rule upholds the law while protecting the rights of the clients. Many state bar associations have adopted these rules and they can also input any changes required to suit their legal environment best.
CANADA – GOVERNING ACTS
Legal profession act
The Canadian legal profession is governed by the Legal Profession Act (SBC 1998), and legal regulators often collaborate with the Federation of Law Societies of Canada (FLSC).
Part 1
Division 1 suggests the establishment of the law society (the law society of Alberta, as per the definition given under the act ), which has all the powers of a natural person, appointment, qualification, election of benchers, etc.[6]
Division 2 contains the creation of a law societies committee and executive committee.
Part2
Division 1 ensures that only a practising lawyer can engage in the practice of law and also makes rules for interprovincial and foreign law practices.
Division 2 makes the enrollment, call and admission of the articled students stringent to make sure that legal professionals are efficient enough.
Throughout the act, provisions refer to the independence of the legal system, protection of public interest, admission and licensing of professionals, disciplined conduct, practice of law with ethics, and access to justice. [7]
Australia- governing acts
Legal Profession Act, 2007
This act governs the legal profession in Australia and outlines how legal professionals are appointed, supervised and held accountable. The act aims to provide regulation of legal framework within the jurisdiction, focuses on the administration of justice, protects public interests and rights of consumers, and also promotes fair and streamlined legal services that respond to evolving societal and technological needs.[8]
INDIA- GOVERNING ACT
Advocates Act, 1961
History and background- India was ruled by the British colonial government for over two centuries, and the laws in the country, regulations, reforms, and amendments were influenced by the British government, and so were the legal profession and practices. So it is obvious that the legal profession and professional practices are not new in India.
The Advocates Act, 1961 was enacted to bring unity and improve the standard of the legal profession and India. Before the introduction of this act, legal professionals, namely the advocates, vakils, and leaders, were governed by various separate acts, so the need for a unified and single piece of legislation was raised. Thus, the history behind the enactment of the act began with the introduction of a bill in the parliament aimed at establishing autonomous bar councils at both the central and state levels.
Division- the act contains 7 chapters, 60 sections and 1 schedule and received the assent of the president on 19th May 1961.
Features- the main features of the act are here in under provided
- Chapter 2 provides for the establishment of the Bar Council of India and state bar councils for each state
- Chapter 3 sets the procedure for the registration and enrollment of the advocates and their enrollment certificates
- Chapter 4 recognises the right to practice for the advocates
- The Bar Council has been recognised as an independent and self-governing body
- Chapter 5 makes provisions to punish the advocates for professional misconduct.
- Chapter 6 punishment for illegally practising in courts and before other authorities.[9]
Besides these features, the act grants power to the Bar Council of India to supervise state bar councils, imposes a responsibility to maintain a record of every advocate in each state bar council, and the bar councils also have the power to keep a check on the colleges and universities providing law courses.
While the Bar Council of India has been given a wide range of powers, it must act under its specified jurisdiction; otherwise, its acts will be considered as ultra vires.
Advocates (Amendment) Bill, 2025 covers core areas such as legal education, professional standards, regulatory oversight and access to justice.
GLOBAL BEST PRACTICES –
Analysing legal practices as per their respective legislation of various countries and especially of the Indian Advocates Act, 1961, those aspects which can be considered as the main features / the act of best practices are as follows-
- Independent regulatory bodies-in many developed legal systems, legal regulatory bodies are independent. this ensures impartiality in overseeing lawyers and handling complaints against them.
- Mandatory continuing legal education- many jurisdictions require legal professionals to undergo different kinds of legal training, and practices to maintain competency, efficiency and keep them updated with legal changes and to be technology-oriented.
- Disciplinary mechanisms- many countries emphasise disciplinary mechanisms to mandate that advocates do not contradict rules and regulations.
- Consumer-centric approach- countries are now focusing on the interests of the consumers more, which includes a transparent fee structure, simplified legal procedure, and legal aid to ensure access to justice. Thus, it also guarantees public accountability.
- Tech integration- nowadays, jurisdictions are focusing more on technology integration, such as grievance redressal, licensing process, accessibility, efficiency, and quick functioning.
- Ethical standards and diversity – ethical conduct in the legal profession is one of the first preferences of many countries across the globe. Ethical practices in any professional conduct are a vital part and must be observed strictly without any compromise to keep the integrity and public trust intact. These practices can be observed by promoting gender equality, minority representation and, prohibition of discrimination in any sense.
CASE LAWS ON PROFESSIONAL MISCONDUCT –
Narayan Pandey v. Pannalal Pandey (2013) 11 SCC 435
An advocate who is found guilty of filing vakalatnamas without authority and then filing false compromises on behalf of the client shall be punishable proportionate to the degree of misconduct.[10]
Nortonmal Chaurasia v M.R. Murli (2004) 5 SCC 689
The Supreme Court held that misconduct has not been defined under Advocates Act 1966, but it envisages a breach of discipline, although it would not be possible to lay down exhaustively as to what constitutes misconduct and indiscipline which however, is wide enough to include wrongful omission, or commission, whether done or omitted to be intentionally or unintentionally. [11]
CONCLUSION-
However, the legal field faces new challenges such growing role of AI, digital courts, cross-border practice, and the demand for greater public accountability. We must keep in mind that these legislations are not static and will not serve as a regulatory framework for a perpetual time period. So, the governing legislations are required to keep growing and changing over time in response to global trends.
The judicial system in any country is a vast area that must be regulated by the implementation of legislation. Advocates and other legal professionals should act in the interest of their clients with faith and a good conscience. Ignorance of ethical practices can hinder the trust of the public at large towards the country’s legal system and will create a huge mess.
Therefore, malpractices or professional misconduct shall be stopped with immediate effect in every jurisdiction. Despite the presence of prohibitory regulations, malpractices are at an increasing rate even in 2025, where we can observe how deceitful people are using the loopholes in the legal profession for capital gain thus, affecting societal peace and harmony.
On the other hand, legislators are implementing more stringent and effective laws to deal with the issues while keeping the law adaptive.
REFERENCES-
- Legal Profession Act, 200
- https://www.legislation.tas.gov.au/view/html/inforce/current/act-2007-024 ( last visited on 8th july , 2025)
- [Vol. No. 1 ][Sanjiva Row][The Advocates Act, 1961,][page number 39-45] [Lexis Nexis,16th June,2016]
- Advocates Act, 1961 (the bare act)
- https://www.indiacode.nic.in/bitstream/123456789/15341/1/advocate_1961.pdf
- [Michael Shriney][advocates act 1961][Ipleaders]
- https://blog.ipleaders.in/advocates-act-1961/#References
- Code of professional conduct
- https://www.itpi.org.in/uploads/pdfs/itpi-code-of-conduct.pdf
- [Best practices on legal practice] [by Andrew L. Oringer, The Wagner Law Group]
- https://uk.practicallaw.thomsonreuters.com/w-044-9312?transitionType=Default&contextData=(sc.Default)&firstPage=true
- Regulation of legal professionals by law societies in Canada
- https://www.criminalcodehelp.ca/resources/law-regulatory-authorities-canada/
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