Some lawyers never appear in court; just use the “advocate” nameplate – BCI’s Apurba Kumar Sharma

Apurba Kumar Sharma, member of the Bar Council of India, is currently the President of the Gauhati High Court Bar Association. The former Executive Chairman of the BCI, Sharma is also a member of the Press Council of India..In this interview with Bar & Bench’s Aditya AK, the Senior Advocate talks about his past involvement in films, the rationale behind the controversial Bar Council of India Certificate of Practice Rules, and more..Apurba Kumar Sharma was born to a family that was passionate about music. He drew early inspiration from his father, who would dabble in singing during his free time..“My father was a Civil Servant from Assam and a part-time singer for All India Radio, Gauhati. Ever since childhood, my house was filled with musical instruments – harmonium, keyboard, tabla, guitar, mandolin etc..Prior to joining law, I was associated with the Assamese cultural industry. I was an Assistant Director of an award-winning movie. I have also performed songs with the late Dr. Bhupen Hazarika.”.Given his reasonable success in the field of entertainment, one may question as to why he chose to leave a career in entertainment. The reason? A passion for the legal profession, coupled with the pride of being the first lawyer from his town..“I was the first person from my area to become an advocate. I passed the LLB exam from the Government Law College in 1986 and immediately joined practice. One day, I went to the residence of Senior Advocate, the late Mr. PG Baruah, former Advocate General of Assam and requested him to take me as a junior. He warned me that the profession would be very hard. He said, ‘Case or no case, you have to be in court every morning. Fees or no fees, you have to argue a brief given to you’.”.He said, ‘Case or no case, you have to be in court every morning. Fees or no fees, you have to argue a brief given to you’.”.Those words give you a glimpse of what counsel practice was like in Gauhati during those days. In fact, Apurba Kumar Sharma would go the extra mile to try and make it in the profession, working for not one, but two seniors..“Every evening from 6 – 8:30, I would work with Mr. Baruah, who would go to bed a little early. Then, I would travel to another area, where I would work for my other senior, Mr. KC Das who specialised in excise matters, from 9 to 12. Those days, I didn’t even have a Scooty; I would have to walk for five kilometres to reach my house.”.After appearing in the lower courts for around 2 years, Apurba Kumar Sharma began practising in the Gauhati High Court. It was here that he discovered another passion – Bar politics..And the fact that he has climbed up the ladder in a short span of time shows that he has been quite good at it..“I enquired about the Bar elections and was told that I have to complete a minimum of three years to contest the election. So, three years later, I stood as a young member and won the election. Three years after that, I became the Secretary of Administration for two terms. Then, the Secretary General for four terms and the Vice-President for two terms. This is my fourth term as the President of the High Court Bar Association. I was also the youngest President of the Bar Association.”.Though he declines to comment on the recent boycott of Chief Justice Sreedhar Rao’s court, Apurba Kumar Sharma believes that lawyers have a right to strike..He says that the Gauhati Bar has a “very good reputation”, highlighting the solidarity prevalent among the members. This is not the first time that advocates have taken on the Bench..“In 1991, one of our advocates, Mr. Padma Prasad, had challenged the appointment of one Mr. KN Srivastava as a judge to the Gauhati High Court. Senior Advocate Anil Divan, an honorary member of the Gauhati High Court Bar Association, appeared for Prasad before the Supreme Court. The warrant of appointment was stayed by Hon’ble Justice Sangma, who was a most courageous judge. Later when the matter was appealed before the Supreme Court, the stand of Justice Sangma was upheld.”.But what of unreasonable abstentions (read Madras High Court) at the cost of litigants’ time and resources? Here, Apurba Kumar Sharma feels the BCI should step in and take those responsible to task..“The clients shouldn’t suffer as a result. The Bar Council of Tamil Nadu and Puducherry had written a letter to us to take action against the advocates, and accordingly, we have taken action.”.The topic of conversation moves on to the Certificate and Place of Practice (Verification) Rules, 2015, which has caused quite a furore among lawyers, especially the non-litigating variety. Apurba Kumar Sharma, a member of the BCI since 2009, discusses the rationale behind introducing these rules..“Some lawyers after enrolment are doing business; they never appear in court. They just keep the ‘Advocate’ nameplate and accept cases from clients who approach them. The clients have no way of knowing whether the advocate is actually practising in the courts of law. So ultimately, the clients will suffer. In order to stop this practice, we have introduced the Rules.”.Some lawyers after enrolment are doing business; they never appear in court. They just keep the ‘Advocate’ nameplate and accept cases from clients who approach them. The clients have no way of knowing whether the advocate is actually practising in the courts of law..However, he offers little in the way of quelling concerns raised by the arbitrarily classified “non-practising” legal professionals..“You have to file an affidavit stating that you have not been able to appear in court, due to whatever reasons. This same affidavit will be considered by the State Bar Council.”.Part of the BCI’s mandate is to watch over legal education in India. So what are the Council’s plans of improving the current scenario?.“[The BCI’s] Legal Education Committee is headed by Justice AP Mishra. We have been taking steps to improve the quality of legal education in India. We have identified and banned some colleges which were running despite having no infrastructure. We also suspended law colleges for running without proper faculties and infrastructure..In the North-East, there is a lack of good law colleges. In states like Mizoram, there is only one government law college. Nowadays, students are getting more interested in law, after the five-year course was introduced.”.And what about their employment once they complete the law course?.“For first-generation lawyers, it is very tough, so students join corporate law firms, where they get money directly after graduating. For example, if my son were to join litigation practice, it would be much easier for him; if I retire from practice, he will get all my clients. The rule for litigation is for the first five years, no fees, only work.”.When asked whether his juniors have a problem with the ‘no fees’ bit, he says that he pays each of his juniors a fixed monthly amount. He goes on to add,.“But now, things are changing – even if you don’t do very well in the first five years, you can eventually apply as a Government pleader and join the Government panel. Through the years with unrelenting sincerity, dedication and perseverance you can shine and prosper in this noble profession.”