Corporate Lawyers are also Legal Practitioners, says the Advocates (Amendment) Bill, 2025

With the central government’s aim to modernise the legal profession, the Advocates
(Amendment) Bill of 2025 has become the focal point of discussion among legal practitioners.
The Advocates Act of 1961 is sought to be rigorously amended to ensure transparency, fairness,
and co-adherence with the global best trends.
One of the ways to achieve this is by expanding the statutory scope of “Legal Practitioners”
under the Proposed Amendment Bill of 2025. The new definition put forth by the Bill, says,

“Legal Practitioner” means any Advocate or law graduate engaged in the practice of law
before courts, tribunals or quasi-judicial forums or doing legal work in any private or public
organisation including but not limited to statutory and autonomous bodies, domestic and
foreign law firms and corporate entities.
Provided that for the removal of doubt, an experience certificate as a legal practitioner issued
by the respective State Bar Councils and Bar Associations, Courts/Tribunals/Quasi-judicial
forums or issued by any private or public organisation including but not limited to domestic
and foreign law firms and corporate entities, shall be prima facie proof of such legal
practice…”

ANALYSIS OF THE NEW DEFINITION—NEW ADDITIONS

1. The given definition under the new Bill enlarges the meaning of Legal Practitioners by
   also including law graduates, engaged in doing legal work in any private and public
   organisations, which were absent in the Principal Act,
2. The inclusion of the phrase “including but not limited to” in the proposed new
   definition renders a non-rigid characteristic to the definition, thus providing innuendos
   about the addition of individuals with similar but varied backgrounds, such as
   arbitration centres, etcetera. The inclusion of this lexical phraseology ensures that the
   legislation remains inclusive, and does not exclude certain classes by omitting them by
   sticking only to the classes of individuals specifically mentioned in the definition.
3. The provision for “experience certificate(s)” from the above-mentioned relevant
   authorities shall be a proof of such legal practice. This adds a layer of inclusivity and
   acceptance for individuals engaged in corporate/in-house-counsel affairs and provides
   them with the status of legal practitioners within the ambit of this definition.

“PRACTICE OF LAW” REDEFINED UNDER THE BILL

The term “practice of law” is also revised. It was earlier restricted only to the Advocates. As
per Sections 29 and 30 of the Principal Act of 1961, Advocates were the only recognised class
of individuals entitled to practise law and enjoy a certain set of rights as ensured to them under
Chapter IV of the 1961 Act. There had been a long debate to amend this provision.
The New Bill of 2025 proposes to amend the discrepancy to meet the transitioning demands of
the dynamic profession. It now also includes “doing legal work” in different kinds of public
and private organisations—however not limited to statutory and autonomous bodies, corporate
entities, and domestic and foreign law firms—within the ambit of the term “practice of law.”
The amendment also implies a broader interpretation of the term “Advocate

WHAT’S IN IT FOR CORPORATE LITIGANTS?

For corporate lawyers, this statutory move marks a step toward the uniformisation of the legal
fraternity by bringing corporate lawyers and in-house counsels who engage in the practice of
law before autonomous and statutory bodies as well as public-private organisations, under a
unified definition of legal practitioners. The inclusion could mean the following implications:

1. It ensures that corporate lawyers are not mere “legal executives” but an inclusive part
   of the legal profession;
2. Broader professional benefits, which could even lead to representation in regulatory
   and adjudicatory matters, such as potential representation before certain tribunals;
3. It could also lead to entitlement to such rights that were reserved to advocates in general,
   such as benefitting from professional regulations.
4. The proof of practice in the form of experience certificates ensures recognition and a
   valid acceptance as a legal practitioner.
5. The definition does not classify only certain individuals but remains openly
   interpretative to future developments, wherein any new class of corporate lawyers can
   gain the status of legal practitioners subject to the provisions of the Bill and directions
   as notified by BCI and GOI.

The legislative initiative to strengthen and widen the ambit of legal practitioners is seen as a
welcome step amongst the eminent personae. While it aims to uniformise the legal profession,
it also could be seen as a step that aims to bring harmony between varied classes of individuals
engaged in the legal profession.

Tanishq, a law student at the Department of Legal Studies and Research, Barkatullah Vishwavidyalaya, Bhopal, is a budding legal writer with a sharp eye for evolving legal landscapes. Passionate about Intellectual Property Rights, Constitutional Law, and Women and Child Safety Laws, Tanishq actively explores contemporary legal nuances through writing and research.