Desirous of qualifying as a 'Solicitor' at the High Court of Bombay ? Want to know what is the exam conducted by the Bombay Incorporated Law Society all about? Here are answers to the most FAQs :
Q. Who are Solicitors? Is their role different from that of Counsels? Are Advocates and Solicitors different?
'Solicitor' is a designation earned by a lawyer who clears the gruesome Examination for Articled Clerks conducted by the Bombay Incorporated Law Society, which is a society affiliated to the Bombay High Court. Strictly speaking this is an English Concept, currently unique only to the city of Bombay. Although the rest of India only has one class of legal professionals- the Advocates - governed by the Advocates Act, the old city of Bombay especially in the Bombay High Court, still has, in practice, two distinct kind of Advocates - the 'Solicitors' and 'Counsels'. Traditionally Solicitors were the legal professionals who did all the drafting and consulting. They almost never appeared before a judge in court. Counsels were the class of professionals who specialised in argument and appearance and did only that. So how this would work is, the solicitors would be the one taking instructions from the client, preparing the pleadings, and would then 'brief' or prepare the counsel to argue the matter in court. So, Solicitors would be the ones doing the drafting and preparation of papers, and the Counsel would specialise ONLY in arguing the matter in court.
Q. What are the requirements to be a Solicitor?
To be designated as a 'Solicitor' one has to do a 3 year Articleship with a Solicitor firm in Bombay (yeah, much like a CA articleship). The Articles of Agreement can be signed only after completing 3 years of the five year law course or 1 year of the three year law course. The Articles of Agreement have to be submitted with the office of the Bombay Incorporated Law Society, situated at the PWD building of the Bombay High Court. At the end of the 3 years of Articleship, one has to take the Solicitors' Exam and clear it to be designated as a Solicitor.
Q. What are the subjects and passing requirements ? Is it difficult to clear ?
The Solicitors' Exam comprises of 6 subjects. 1. Practice and Procedure 2. Corporate Law 3. Conveyancing 4. Taxation 5. General Acts and 6. Modern Commercial Laws. There is no fixed paper pattern. The questions are usually a mix of theory, legal and logical reasoning. It tests the practical thinking and problem solving ability of the candidate from a legal perspective. One needs 50% marks in each of the six subjects and an over all aggregate of 60% to successfully clear the exam. The pass percentage of students is very low. Each year around 2% of the candidates clear the exam . So, yes, it is a difficult exam to clear. You have 6 attempts to clear it.
Q. What value does being a 'Solicitor' add to ones legal career? Does it entail higher salaries?
The Exam does go a long way in giving the candidate a broad perspective of the law, especially for one desirous of practicing civil and corporate law. This is not an exam for lawyers who want to practice on the criminal side. The exam teaches one to apply the law to the most tricky situations, and is very useful for someone who wants to master their knowledge and get stronghold over fundamentals. It does provide concept clarity which goes a long way in the legal career and ends up giving you an edge over the other lawyers, in terms of legal knowledge. Basically, the long term benefits of the exam outweighs short terms results. Monetarily speaking, being designated as a 'Solicitor' does have weightage, but it depends on the firm or company you are working in. Some firms/ companies do not seem to give it the monetary value it deserves, especially if you chose to work as a fresher 'Associate' in one of the top tier firms. But a lot of other firms does give you a slightly higher bonus based on your designation. So, it really depends from place to place.
Q. Do Solicitors only practice non litigation ?
No. It is a misconception that Solicitors only do transactional practice. There are a number of Solicitors who practice in litigation as well. There is no such rule.
P.S. ;- The author is Sugyata Choudhary, an Advocate & Solicitor qualified with the Bombay Incoporated Law Society, High Court, Bombay.
Q. Who are Solicitors? Is their role different from that of Counsels? Are Advocates and Solicitors different?
'Solicitor' is a designation earned by a lawyer who clears the gruesome Examination for Articled Clerks conducted by the Bombay Incorporated Law Society, which is a society affiliated to the Bombay High Court. Strictly speaking this is an English Concept, currently unique only to the city of Bombay. Although the rest of India only has one class of legal professionals- the Advocates - governed by the Advocates Act, the old city of Bombay especially in the Bombay High Court, still has, in practice, two distinct kind of Advocates - the 'Solicitors' and 'Counsels'. Traditionally Solicitors were the legal professionals who did all the drafting and consulting. They almost never appeared before a judge in court. Counsels were the class of professionals who specialised in argument and appearance and did only that. So how this would work is, the solicitors would be the one taking instructions from the client, preparing the pleadings, and would then 'brief' or prepare the counsel to argue the matter in court. So, Solicitors would be the ones doing the drafting and preparation of papers, and the Counsel would specialise ONLY in arguing the matter in court.
Q. What are the requirements to be a Solicitor?
To be designated as a 'Solicitor' one has to do a 3 year Articleship with a Solicitor firm in Bombay (yeah, much like a CA articleship). The Articles of Agreement can be signed only after completing 3 years of the five year law course or 1 year of the three year law course. The Articles of Agreement have to be submitted with the office of the Bombay Incorporated Law Society, situated at the PWD building of the Bombay High Court. At the end of the 3 years of Articleship, one has to take the Solicitors' Exam and clear it to be designated as a Solicitor.
Q. What are the subjects and passing requirements ? Is it difficult to clear ?
The Solicitors' Exam comprises of 6 subjects. 1. Practice and Procedure 2. Corporate Law 3. Conveyancing 4. Taxation 5. General Acts and 6. Modern Commercial Laws. There is no fixed paper pattern. The questions are usually a mix of theory, legal and logical reasoning. It tests the practical thinking and problem solving ability of the candidate from a legal perspective. One needs 50% marks in each of the six subjects and an over all aggregate of 60% to successfully clear the exam. The pass percentage of students is very low. Each year around 2% of the candidates clear the exam . So, yes, it is a difficult exam to clear. You have 6 attempts to clear it.
Q. What value does being a 'Solicitor' add to ones legal career? Does it entail higher salaries?
The Exam does go a long way in giving the candidate a broad perspective of the law, especially for one desirous of practicing civil and corporate law. This is not an exam for lawyers who want to practice on the criminal side. The exam teaches one to apply the law to the most tricky situations, and is very useful for someone who wants to master their knowledge and get stronghold over fundamentals. It does provide concept clarity which goes a long way in the legal career and ends up giving you an edge over the other lawyers, in terms of legal knowledge. Basically, the long term benefits of the exam outweighs short terms results. Monetarily speaking, being designated as a 'Solicitor' does have weightage, but it depends on the firm or company you are working in. Some firms/ companies do not seem to give it the monetary value it deserves, especially if you chose to work as a fresher 'Associate' in one of the top tier firms. But a lot of other firms does give you a slightly higher bonus based on your designation. So, it really depends from place to place.
Q. Do Solicitors only practice non litigation ?
No. It is a misconception that Solicitors only do transactional practice. There are a number of Solicitors who practice in litigation as well. There is no such rule.
P.S. ;- The author is Sugyata Choudhary, an Advocate & Solicitor qualified with the Bombay Incoporated Law Society, High Court, Bombay.
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