SHORT NOTES

DESIGNATED SENIOR COUNSEL

This Senior Lawyer oversees all activities of the junior Lawyers and deals with all
complex legal transactions, identifying legal issues and offering the business and its
consumers optimum solutions as well as ensuring that the business responds
appropriately to any legislative changes.
The Senior Lawyer predominately specializes in regulatory work which is inclusive of
corporate legal services and licensing. He also specializes on corporate governance
work which is inclusive of legal services processes, contracts, complaints, and so
forth.
Objectives and Responsibilities of the Senior Lawyer
Management: The Senior Manager plays a managerial role where he oversees the
junior lawyers’ legal representation of the business on all corporate matters. The
Senior Lawyer also takes a leading role, alongside the Head of Legal, in determining
the legal direction and strategy of the business.
He provides significant input in the development and implementation of legal
compliance policies and procedures. He additionally counsels colleagues and
develops appropriate relationships for the legal department with other departments
across the business as well as externally with state authorities and government
officials.
Legal Advice: The Senior Lawyer is also charged with providing cross-functional
team leaders with legal advice through all corporate transactions. In this position,
the Senior Lawyer identifies legal issues within the business and provides legal
analyses and possible legal solutions.
He gives recommendations for addressing critical legal and policy issues in order to
ensure that the business’s legal and overall objectives are met. The Senior Lawyer
also offers advice to departmental leaders across the business on applicable laws
and the interpretation of legal documents in a manner that avails a practical legal
approach while properly managing the risks to the business.
Legal Drafting: The Senior Lawyer also leads the junior lawyers in handling
various drafting tasks, inclusive of quarterly/annual report drafting, proxy statement
development etc. The Senior Lawyer additionally prepares various complex
contracts and develops and documents standard terms and conditions for the
business’s consumers.
Collaboration: The role of the Senior Lawyer is a highly collaborative role and in
this position he works closely with junior lawyers in developing contracts, reviewing,
negotiating, and interpreting a wide array of business/corporate agreements as well
as conducting research on licensing issues. The Senior Lawyer also works closely
with departmental heads across the business in addressing potential securities
compliance issues that heighten the legal risks to the business.
He will also work with the Head of Legal in enabling ongoing standard
improvements on contracts, approval processes etc. while offering the relevant
departments training on the same. The Senior Lawyer will further work with the
business’s consumers by clearly and effectively providing timely and practical legal
advice on any complex issues that they may have.
Knowledge: The Senior Lawyer is responsible for keeping the department and the
business at large informed on new laws, regulations, and industry trends that affect
the business as well as assisting with the development of policies and training as
necessary.
Other Duties: The Senior Lawyer performs also similar duties as he deems fit for
the proper execution of his duties and duties as delegated by the Head of Legal,
Chief Finance Officer, or the Employer.
Required Qualifications of the Senior Lawyer
Education: The Senior Lawyer must have had a master’s degree (Phd preferred) in
Law from an accredited law school and at least five years of working experience in a
legal corporate environment.
Experience: A candidate for this position must have at least 5 years of working
experience in a corporate legal environment, preferably working as a junior Lawyer.
The candidate must have also had experience some experience in legal practice
both at a law firm and as an in-house legal consultant within a corporate setting.
The candidate will similarly have had experience working in a legal corporate
capacity providing legal advice on a vast set of general corporate matters such as
mergers and acquisitions, finance, taxation, contracts, etc. A suitable candidate will
further demonstrate vast experience working on corporate governance issues as
well as experience working at all levels of management consulting with senior
business leadership and stakeholders.
Communication Skills: The Senior Lawyer, like the junior Lawyer, will
demonstrate exceptionally good communication skills both in written and verbal
form. The Senior Lawyer’s position is a sensitive position that demands that its
occupant convey massages and instructions clearly to collaborating personnel
across the business as well as externally to the business’s partners and governing
bodies.
The Senior Lawyer will further need exceptional communication skills in his legal
drafting capacity since legal documentation needs to clear, concise, unambiguous,
and conclusive, leaving no room for subsequent misinterpretation or exploitation.
Legal Skills: The candidate must also possess certain legal skills that will make
him a more suitable candidate. The candidate must similarly be familiar with the
state’s copyright and privacy laws. He must further demonstrate skills in drafting
numerous forms legal documentation, for example, negotiating contracts, non-
disclosure agreements, terms and conditions, among others.
He must also be highly knowledgeable of legal principles specifically on finance
matters such as taxation and be up to date with the existent and emerging
company law legislation and practices.
Ms Office: The Senior Lawyer must be technology adept and have excellent
computer skills. He must display exceptionally good Ms Office, Ms Excel, and
PowerPoint skills that will be necessary for the drafting of various legal documents
as necessary and for the creation of engaging presentations as necessary.
Interpersonal Skills: The Senior must be a strategic and creative thinker, he must
be result oriented as well as detail oriented, be flexible and welcoming to change,
have excellent and organizational and planning skills, he will have an ability to
manage numerous simultaneous projects and meet tight deadlines, he will be
meticulous and have a keen eye for detail, have exceptionally good problem solving
skills, and possess and ability to remain calm and composed during times of
uncertainty and stress.
People Skills: The Senior Lawyer must be a people person and be capable of
forming strong, lasting, and meaningful relationships with others while maintaining
firm adherence to legal standards. He will demonstrate confidence but remain
 approachable and relatable, which will inspire confidence and trust in others who
will then trust in his insights and judgments and follow in his directives.

ADVOCATE ON RECORD
Supreme Court is the Highest Court of India. It deals with all kinds of issues and
cases on any subject presented before it. Since it is a court with supreme authority
in the country the advocates representing before it is required to be well versed and
experienced.
Therefore, the concept of Advocate on Record was introduced by the Supreme court
with the power given to it under Article 145(1) of the Indian Constitution which
states that the Supreme Court may from time to time make rules for regulating the
practices and procedures in the court.
“Advocate on record” is a title given to an advocate who can represent a cause or
pleading before the Supreme Court. One needs to comply with certain terms to
become an advocate on record. The Order IV rule 5 of the Supreme Court Rules,
2013 lays down the requirements to be fulfilled to become an advocate on record.
They are as follows:
 An Advocate is required to be enrolled with any State Bar Council.
 An Advocate is required to have a prior experience of at least 4 years.
 An Advocate has undergone a training of 1 year under a senior advocate on
record.
 An Advocate has appeared for the examination conducted by the Supreme Court
of India.
 An Advocate is required to have an office in Delhi within a radius of 16 kilometers
from the court house and give an undertaking to employ a clerk, who shall be a
registered clerk, within one month of being registered as an advocate on record.
 An advocate is required to pay a registration fee of Rs. 250/-.

AMICUS CURIAE
Amicus Curiae, stands for ‘friend of the Court’ is a Latin phrase for the advocate
who appears in his own capacity when asked to help with the case by the Court or
on volunteering services to the Court.
A non-party with an interest in the outcome of a pending lawsuit who argues or
presents information in support of or against one of the parties to the lawsuit. In
many instances, the amicus curiae attempts to draw the court's attention to
arguments or information that the parties may not have presented, such as the
effects of a particular court ruling on the interests of certain third parties.
An amicus curiae usually presents arguments or information to the court in the form
of a brief. Amicus briefs are typically filed at the appellate level, although they also
may be filed in lawsuits pending at the trial court level. Generally, an amicus
curiae must obtain the court's permission before filing its brief, unless all of the
parties consent to the amicus filing.
Amici curiae are not parties to the lawsuit, unless they formally intervene. As a
result, an amicus curiae does not need to have standing to bring suit. Further, as a
non-party, an amicus curiae normally does not have the rights that parties in a
lawsuit have, such as the right to obtain discovery from other parties.

SEVEN LAMPS OF ADVOCACY

To succeed as a lawyer, a man must labour like a horse and live like a hermit,
according to Sir John Scott, 1st Earl of Eldon. Former Chief Justice of India S H
Kapadia agreed, emphasizing the importance of character in an advocate’s ability to
stay at the top of the legal profession. Jack of all crafts, master of none is the iconic
phraseology that characterizes one of the fundamental traits of a brilliant legal
practitioner.
Both usages explain the traits that an advocate must have when working in the
legal field. Legal ethics, on the other hand, are guided and based in the principles of
Justice Abbott Parry’s ‘Seven Lamps of Advocacy’ Book. Integrity, wit, proficiency,
competence, bravery, articulacy, rationality, and all other talents that every legal
person must possess are among these attributes.
1. Honesty
The phrase “lawyers are liars” has long been used to disparage legal professions in
general. However, one cannot ignore the fact that what a layperson considers to be
a falsehood may not be one in the true sense.
Lawyers, on the other hand, are expected to be truthful since they have a fiduciary
obligation to operate in their clients’ best interests. Such honesty should be
exhibited in all of their actions, even while giving the argument, ideas, and words.
Honesty and forthrightness mirror the trait of not relying on deception, dishonesty,
cheating, or any other unethical or illegal behavior. If this is the case, it will be
considered professional misconduct, and their progress will be harmed.
He should be a pioneer in enforcing justice in every way conceivable, not a master
of deception. He should give his clients adequate legal advice. Honesty in the
workplace will assist him in achieving success in his area.
2. Courage
The link between bravery and honesty is undeniable. The ability to stay brave under
pressure and agony will be enhanced by refined legal knowledge, talents, and other
attributes of truthfulness. But why are advocates expected to have this quality? This
is not an open-ended question since outstanding attorneys are known for their
fearlessness, which is attributed to eloquent speech, compelling writings, and
critical thinking.
Good attorneys are always compassionate and have excellent work ethics. An
advocate, no matter how competent or results-oriented, will never be recognized as
an expert in this profession unless and until he has bravery. Courage is associated
with pacifists who have a strong moral compass and the ability to defend their
clients in court. As a result, attorneys should not back off from taking action, even if
it is a dissenting one, out of fear of harm approaching them.
3. Wit
Wit refers to the ability to recognize and communicate the connections between
concepts that elicit humor and pleasure. In other words, it is the ability to think
clearly and talk concisely while expressing oneself creatively. The term “wit lightens
the darkness of advocacy” alludes to the importance of this lighting. But why is it
necessary for an advocate to have this quality? Because it is the result of
cleverness, intellect, smartness, and keen-mindedness, it gives a great lot of critical
analyzing abilities.
Withal, Arguments, providing evidence, cross-examinations, and convincing the jury
or the court are all part of advocacy. In reality, a prepared and rehearsed speech
will never benefit you in court, but rapid wit can. However, it is important to note
that law is sometimes compared to the spider web because of the latter’s
entanglement aspect, which entangles and traps the poor and weak while allowing
the rich and powerful to easily breakthrough. To overcome this gap, an advocate
must have enough wit.
4. Industry
This lamp suggests that advocates excel in all of the needed skill sets in order to
remain or flourish in the area of law. Law is dynamic, evolving to meet the demands
of society and adapting to the changing status quo. As a result, an advocate should
keep up to date in accordance with the proverb, “There is no substitute for a hard
effort.”
Without appropriate legal expertise, no lawyer can win the case. He must have
allotted enough time for the case so that he could handle it correctly and enhance
his chances of winning. Our legislation is not static; it evolves in response to the
changing needs of society in order to address new issues. This new legislation
should be reviewed by an attorney. Even if a lawyer was competent enough to
handle all of the cases in the past, if he suddenly fails to keep up with new
legislation, he will have difficulty handling the case in the present. There is no
alternative to hard labor.
5. Eloquence
This light is critical in evaluating an advocate’s ability, which influences his career
success rate. Eloquence is the skill of speaking, and it is a cure-all for all other forms
of ineptitude. However, an eloquent speech differs from a simple deliverable speech
in that it leaves a lasting impression on the judge, as well as the clients and
listeners.
Eloquence, in general, refers to error-free fluent communication that has a
convincing effect, but it never refers to giving a grandiloquent speech that sounds
better than it is. Speech fluency may be cultivated, but it is a continuous process
that requires the practitioner to have a thorough understanding of the subject.
Steps to mastering this talent
 Noticing the flaws of others
 Mental presence
 Argumentation effectiveness with justification
6. Judgment
The most significant of the Seven Lamps of Advocacy is this one. In advocacy,
judgment is the ability of an advocate to determine the aggregate case facts by
determining the case’s merits and demerits. Anticipating and countering potential
counterarguments by having the intellectual capacity to discern the case’s proper
turning point. Essentially, it is the process of converting good judgment into good
action.
An attorney is required to notify his clients of the exact legal state of their case. He
should be capable of selecting the alternative that appears to be the best at the
time of the decision while also considering all conceivable scenarios.
7. Fellowship
 While litigating, advocates clearly oppose each other in order to protect their
clients’ interests. However, such a verbal confrontation in the courtroom will not
affect their good relationship because they are opponents, not rivals. To assist this
interest, advocates are obliged to join bar associations after receiving a Certificate
of Enrollment under section 22 of the Advocates Act, 1961.
The Eighth Advocacy Lamp
TACT is the eighth advocacy light. V Krishnaswamy Iyer, an Indian lawyer and
former judge of the Madras High Court, has included the TEACT as the eighth light
of advocacy in his book PROFESSIONAL CONDUCT AND ADVOCACY.
Due to the hefty and serious arguments made by counsel, the courtroom can
sometimes become a shambles. Advocates should be prepared to handle the matter
in such a case. An advocate must be able to:
1. In that circumstance, govern his customer
2. Control over the case’s opposing counsel.
3. Convince the judge
An attorney should employ a powerful approach to keep a tumultuous environment
in the courtroom under control.
Conclusion
The essence of the aforementioned seven lights of advocacy elucidates the
characteristics of a successful advocate and states that an advocate must boldly
support justice by all fair and honorable ways. In addition, Mr. K. N. Krishnaswamy
Aiyer pioneered another light called Tact in his book “Professional behavior and
advocacy.” The Tact, the eighth light, examines the people skill on its whole and
explains why an advocate should improve his capacity to interact with people.

ADVOCATE
Definition of Advocate, Section 2
An advocate, is a qualified individual who represents the client in a court of law,
pleading for compensation or release depending on the nature of the case. As per
the Advocate’s Act, 1961, an advocate is a person entered in any roll as per the
provisions of the act. In order to become an advocate one needs to
 Complete bachelor’s Degree in Law.
 Enroll oneself in any State Bar Councils- Each State Bar Council has their own
procedure for registration.
 Give an All India Bar Council Examination to be enrolled in Bar Council Of India.
After clearing the bar exam and enrolling in a state bar council, a person can refer
to himself/herself as an advocate and can represent clients in court. They can be
considered more experienced than lawyers who have had the opportunity to
practise their profession in many different legal domains. Since advocates have a
vast array of knowledge, experience and skill in legal matters, they are heavily
involved in representing their clients most of the time, and while pleading on their
behalf, advocates try their utmost to get the best verdict for their clients. Advocates
charge much higher than lawyers for their services as they are more skilled and
qualified to represent their clients in a wide variety of legal matters. an Advocate
cannot just advise with legal matters but also represent their clients in a court of
law.
An advocate is simply someone who is enrolled in any roll under the Advocates Act.
A roll is a list prepared and maintained by the State Bar Councils, which contains
the names of all advocates registered under the specific Council. The respective
State Bar Councils have the duty to prepare and maintain rolls, and admit
advocates to be listed on the roll. 3 To qualify, the person applying to be an advocate
should:
1. Be a citizen of India. However, foreign nationals can also be advocates if they
come from countries where Indian citizens can practice law. 4
2. Be at least 21 years of age.
3. A degree in law from any University outside India whose degree is recognized by
the Bar Council of India
4. After passing the examinations specified by the High Courts of Bombay or
Calcutta for enrolling as an Advocate in that High Court.

LAWYERS
A lawyer is a legal professional who has studied the law in order to become a
lawyer. A lawyer is a person who has a legal education and is a lawyer, a counsellor,
an advisor, a solicitor, or a barrister. In order to practice law, a candidate must have
completed the prescribed course of study and earned the necessary qualifications in
order to become a lawyer.
The ability to thoroughly understand the laws that govern a country is one of the
most significant skills that a lawyer possesses. An attorney’s job is to make sure
that their clients are treated with the justice they deserve. This is why they get into
law and study and research the law in order to do so. One of the most important
duties of a lawyer services is to advise clients on their constitutional rights and
responsibilities when it comes to their legal matters. As well as drafting legal
documents for businesses as well as individuals, it is also possible for a lawyer to
draft legal drafts and documents for both groups.
The Indian law system is based on the common law system. The fundamental
structure of the country is very similar to that of England in terms of its
fundamental principles. The study of law in India is conducted through a five-year
program (integrated BA-LLB or BBA-LLB) which is conducted by a university.
As a result of completing this course, one can appear for the All India Bar Exam.
This exam is administered on an annual basis by the Bar Council of India after
completing this course. As an advocate, if you pass the exam and become a
member of the Bar Council of India, you will be able to practice law in any Indian
court.

BARRISTER
Barrister
In Britain and Canada, a lawyer who speaks in the higher courts of law on behalf of
either the defence or prosecution. Barristers can be distinguished from a solicitor
because they wear a wig and gown in court.
They work at higher levels of court than solicitors and their main role is to act as
advocates in legal hearings, which means they stand in court and plead the case on
behalf of their clients in front of a judge.
Barristers do not come into contact with the public as much as solicitors. They are
given details of a case by a solicitor and then have a certain amount of time to
review the evidence and to prepare what they are going to say in court.
Most Barristers are self-employed and work in Chambers with other Barristers so
they can share the costs of accommodation and administrators. They can also be
employed in-house as advisers by banks, corporations, and solicitors firms.

SOLICITERS
Solicitors need a broad range of skills such as drafting, in depth understanding and
interpretation of a variety of legal issues as well as being able to communicate with
clients and develop good working relationships with them. They need to be able to
work in close collaboration with colleagues, pay close attention to details and be
willing to work long hours. They also need initiatives and good judgment to work
with complex information. Solicitors need a good deal of patience because they
might have to advise clients who will be laymen on the contrary advocates or
barristers who have to argue in the courts face the Judges who are well versed in
the legal aspects of the case.
There was a clear and marked difference between Solicitors and Barristers under
the UK model of the legal system, whereby appearances in many forums were
restricted to Barristers. However, these have also changed over the years,
especially, after the change in statutory provisions post-1990. This started moving
towards new structures and enhanced cross professional work after that.
What is the role of a solicitor in Bombay?
In Mumbai (Bombay) the British solicitor barrister system is in vogue, though this is
not the necessary critical legal structure today. Legally, all advocates, solicitors,
lawyers can deal with both advising and pleading in the Indian judicial system.
However, solicitors who go through a rigorous process are respected for their depth
of knowledge and have a special status in Mumbai, the commercial capital of India.
Further, the Supreme Court also recognises the Solicitors registered with the
Bombay Incorporated Law Society, thus, effectively giving them a special status
though it is not necessary that a solicitor cannot plead in the court. This hard rule of
separation of duties between a solicitor and an advocate/barrister is no more and
was strictly followed only in the British era.
To become a solicitor, a candidate has to complete three years of clerkship with a
senior solicitor and then pass the solicitor’s examination conducted by Bombay
Incorporated Law Society. Clients in Mumbai prefer to deal with solicitors, and some
of the large firms do not allow non-solicitors to become partners.
The Bombay Incorporated Law Society, Mumbai, India, regulates solicitors in India.

Difference between Barrister and Solicitor

The differences between these two are getting narrower with time. Traditionally,
what would happen is a client would go to a solicitor first. The solicitor would go
through the case and run the case. Then a solicitor will go to a barrister for
specialist advice. It could be for a specialist opinion, court documents, etc. The
barrister will mainly do the advocacy. But in recent times, solicitors are doing more
and more advocacy and now the barristers have public access as well. So, anyone
can directly approach a barrister.
ACCOUNTANCY
Accountancy is the science, art and practice of an accountant. It is a discipline
which records, classifies, summarises and interprets financial information about the
activities of a person or concern so that intelligent decisions can be made about the
future actions.
Functions Of Accounting:
1. Systematic record of transactions.
2. Communicating results to the interested parties.
3. Compliance with legal requirements.
4. Ascertain the financial position of individual.
Advantages Of Accounting:
1. Replacement of memory.
2. Evidence in court.
3. Settlement of taxation liability.
4. Comparative study.
5. Assistance to various parties.
Limitations Of Accounting:
1. Records only monetary transactions
2. No realistic information.
3. Personal bias of accountant affects the accounting statements.
4. No real test of managerial performance.
5. It lacks a uniform procedure.
Need For Accountancy For Lawyers:
Lawyers have to maintain accounts and for this they should have the knowledge of
accounting due to the following reasons:
1. As a member of the Bar Council, he should know its accounting.
2. He should know Legal services Authorities and Supreme Court Legal Services
Committee.
3. He should know the accounting of Advocates as per Supreme Court rules.
4. He should know the welfare fund accounting.
5. He should know how to prepare his own accounts.
Case Laws:
Hikmat Ali Khan v. Ishwar Prasad Arya and Others (AIR 1997 SC 864).
The Supreme Court held that the conduct of Ishwar Prasad, an advocate was such
that his name should be removed from the state roll of advocates as he was found
guilty of an offence of attempting to commit murder and convicted for it and as he
was unworthy of remaining in the profession.

BALANCE SHEET
A balance sheet contains details of a firm’s assets and liabilities at any given period.
It is one of the core financial statements used for assessing the health and
performance of a law firm.
Through the balance sheet, law firm owners will have a solid understanding of the
firm’s financial health, and can compare current assets and liabilities. When
compared, the company’s liquidity can be ascertained, and the rate at which the
company generates returns can be calculated.
Another benefit of comparing balance sheets is that you can determine how much a
business has grown over different points in time. With this information, law firm
owners can predict the firm’s future. For example, loans can be easily assessed
when a firm has a healthy and creditworthy balance sheet. By noting the difference
between current assets and current liabilities, creditors can predict if a company
can fulfill its short-term obligations and the magnitude of the risk they’re taking.
A standard balance sheet consists of:
 Assets that are classified as current or fixed assets, tangible or intangible
assets, and operating and non-operating assets.
 Liabilities – These can either be classified as current or non-current liabilities.
 Owners Earning/Equity – This is the difference between assets and liabilities. It
is the net amount transferred to the shareholders after the assets have been
liquidated and the debts have been paid. Equity is a common way to represent
the net value of a company. A positive equity value means the company has
enough assets to pay off its liabilities, and a negative equity value means the
liabilities exceed assets.

FINANCIAL STATEMENTS
Here’s a brief explanation of the most common financial statements your firm
should use.
Profit and loss statement
As the name implies, a profit and loss statement provides a record of the gross
profit coming in from client billing, along with a tally of the firm’s expenses. Profit
and loss statements may either provide a truncated overview of expenses or break
them down further into parent and child categories. This allows you to know, for
instance, what percentage of an employee expense is due to salary and which can
be attributed to benefits.
Balance sheet
A balance sheet expresses your firm’s worth by using the following formula: assets
= liabilities + shareholder equity. In other words, it provides a balance between the
firm’s holdings, including real property, cash, and supplies, and the firm’s liabilities
plus the capital shareholders have put into the company. The balance sheet allows
you to determine to what extent you can meet both short and long-term debt
obligations.
Statement of cash flows
Otherwise known as a cash flow statement, this document provides a record of all
cash moving in and out of the firm, including operating activities, investment
returns, and loans. It complements the balance sheet and income statement by
providing a glance at financial activity within a shorter time frame.
There are two methods of calculating cash flow. One simply lists all cash receipts
and payments; the other segregates net income from operating expenses. Loan
officers use this statement to assess the financial health and stability of your firm.

INCOME STATEMENTS
Also known as a statement of operation, statement of financial income, or profit-
and-loss statement. An income or operating statement is a financial statement that
shows a company’s income and expenses. The income statement reflects whether a
law firm is making a profit or loss over a period. You can understand the financial
health of your practice through the income statement (together with the balance
sheet and cash flow statement).
The income statement helps law firms decide if they can generate profit by
decreasing costs, increasing revenues, or both. It also grades the efficiency of the
strategies employed by the firm at the beginning of a financial period. Business
owners and other executives can reference this statement or document to assess
the success of their strategies. And depending on the outcome of their analysis,
they can provide solutions to increase profit.
The income statement provides other information like the status of revenues,
pinpointing irregular or inconsistent expenses, and overall company performance.
Usually, the two primary groups of people that use the income statement are
internal and external users. The internal users include company management and
the board of directors, while the external users are tax and accounting
professionals, creditors, and consultants.