Types of Advocates before the subordinate courts and the Supreme Court of Bangladesh

Advocate a legal practitioner. He is an agent of his client and an officer of the court at the same time. An advocate has a responsibility to his client as well as to the court.

Overview

Since 1972, advocates have been enrolled and regulated under the provisions of the Bangladesh Legal Practitioners and Bar Council Order of 1972 and the Rules made thereunder. The Bangladesh Bar Council, constituted under this Order, includes elected representatives of the advocates, with the Attorney General of Bangladesh as its ex-officio Chairman.

The Bar Council grants licences to qualified individuals to practise law before either the subordinate courts or the Supreme Court of Bangladesh.

Enrolment Procedure and Types of Advocates

In Bangladesh, various categories of advocates are authorized to practise law before the subordinate courts and the Supreme Court.

Becoming an Advocate: Enrolment Steps

1. Practice before the Subordinate Courts (Judges Court)
2. Practice before the High Court Division
3. Practice before the Appellate Division
4. Advocate for the State (appearing on behalf of the prosecution)

Step 1: Practice before the Subordinate Courts

Advocates to the Subordinate Court: Entitled to practice only in all subordinate courts of Bangladesh.

Enrolment Procedure – How to become an Advocate in the Judges Court?

1. A Bangladeshi citizen with a law degree from a recognized university (domestic or abroad) or called to the Bar must qualify in an enrolment exam conducted by the Bangladesh Bar Council.
2. After LL.B., the candidate must undergo 6 months of pupilage under a practicing advocate with at least 10 years of standing. This is formalized via an affidavit contract on non-judicial stamp paper.
3. Upon completion of pupilage, the candidate must submit a registration form, bank slip, and pupilage affidavit to the Bar Council within 30 days of contract execution.
4. Registration remains valid for 5 years. Failure to pass the written exam within this period results in cancellation.
5. The enrolment exam has three stages:
   • MCQ (100 questions, 100 marks; 1-hour duration; pass mark: 50)
   • Written Exam (100 marks; 4-hour duration; pass mark: 50)
   • Viva Voce (50 marks; pass mark: 25)
6. Candidates must pass each stage in sequence. Failure in written means reappearing in MCQ. Viva must be passed within 3 attempts over 3 years from the written exam result.
7. After passing, candidates must become members of the local Bar Association of their chosen practice area.

* To practise before the High Court Division, a separate written and viva voce exam is required.

Step 2: Practice before the High Court Division

Advocates to the High Court: Entitled to practice in both the High Court and subordinate courts.

Permission Procedure – Eligibility

1. Eligibility Criteria:
   • Minimum 2 years of practice before subordinate courts;
   • Bar-at-Law from UK or second-class LL.M. with 1 year experience under a senior Supreme Court advocate;
   • Retired judicial officers with 10 years of service (viva required, written exempted).
2. Collect the “Agreement of Pupilage for Permission to Practice in the High Court Division” form from the Bar Council. It must be signed by a Senior Advocate (enrolled by the Chief Justice).
3. After pupilage, collect the registration/exam form and pay the prescribed fees.
4. Attend and pass the written and viva voce examinations.
5. Post-qualification, an interview after one year is required to obtain membership in the Supreme Court Bar Association.

Step 3: Practice before the Appellate Division

Advocates to the Appellate Division: Under Rule 3 of Order IV of the Appellate Division Rules, 1988, one must have practised in the High Court Division for at least 5 years.

Advocates-on-Record: Only they can file cases or appear in appeals unless special permission is granted. Senior Advocates and others can plead under their instruction.

Senior Advocate: As per Rule 11 of Order IV, the Chief Justice and judges may confer this status based on knowledge, ability, and experience. A Senior Advocate cannot be an Advocate-on-Record (Rule 16).

Step 4: Advocate for the State (Prosecution)

There are four categories of state advocates in Bangladesh:

1. Attorney General: Appointed by the President, has the right of audience in all courts. Leads a team including Deputy and Assistant Attorney Generals.
   • Article 64: Defines duties assigned by the President.
   • Article 26(1): Grants pre-audience rights over all other advocates.
   • Article 26(2): Pre-audience among others determined by seniority.
2. Public Prosecutor (PP): Appointed for criminal matters, mainly in Sessions Courts or Special Tribunals. Includes:
   • Public Prosecutor
   • Additional Public Prosecutor
   • Assistant Public Prosecutor
3. Government Pleader (GP): Appointed in civil matters to represent the State in court.
4. Court Sub Inspector (CSI): Police officers appointed to represent the State in Magistrate or subordinate criminal courts. Not qualified as advocates.

Written By: Advocate Shoaibur Rahman Shoaib, District Bar Association, Cumilla, Bangladesh & Head of Chamber, Law Castle- LC (Advocate Azizur Rahman & Associates).