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While a section of advocates hail the notification of Section 30 of the Advocates Act as a milestone in legal history, there are others who feel it would not help ordinary advocates. They fear that it could pave the way for international law firms setting up shop in India. “Do you think a lawyer from rural Tamil Nadu will be able to appear in a court in a nearby State like Kerala because of the notification?” asks K Elangovan, senior advocate of the Madras HC.In 1947, when the Industrial Dispute Act came into force, advocates were barred from appearing before the tribunal. This, he claims, was aimed at “depriving the labour force of legal knowledge.” In the 1950s, lawyers were barred from helping the emerging Indian capitalist class, Elangovan alleges. V Suresh, State president of People’s Union for Civil Liberties, backs Elangovan. He describes Section 30 as a ‘surreptitious move’ to permit backdoor entry of foreign law firms into India.“Some advocates are under the illusion that the notification will enhance their rights to practise in any court. In reality, advocates will lose their identity to corporate firms,” says P Ramesh, legal head for southern states of Intellectual Property Rights law firm.“As of now, vakkalat is filed in the name of an individual lawyer even if he or she works for a law firm. The notification will enable the law firm to file the vakkalat in the company name, which will not be dependent on the particular lawyer,” argues Ramesh. “This will make the lawyer dispensable for the firm.”
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