An Attorney at law (or attorney-at-law) in
Sri Lanka
Sri Lanka (, ; si, ශ්රී ලංකා, Śrī Laṅkā, translit-std=ISO (); ta, இலங்கை, Ilaṅkai, translit-std=ISO ()), formerly known as Ceylon and officially the Democratic Socialist Republic of Sri Lanka, is an ...
is the only
legal
Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been vario ...
practitioners authorised to represent others in all
court
A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance ...
of
law
Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been vario ...
in the island and are also authorised to give advice regarding any matter of law. Alternative terms include
lawyer
A lawyer is a person who practices law. The role of a lawyer varies greatly across different legal jurisdictions. A lawyer can be classified as an advocate, attorney, barrister, canon lawyer, civil law notary, counsel, counselor, solic ...
.
History
In 1833 the
Supreme Court of Ceylon
The Supreme Court of Sri Lanka ( si, ශ්රී ලංකා ශ්රේෂ්ඨාධිකරණය, Sri Lanka Sreshthadikaranaya; ta, இலங்கை உயர் நீதிமன்றம், Ilankai uyar neetimanram) is th ...
was allowed by Section 17 of the Charter of 1833, to "admit and enroll as
Advocate
An advocate is a professional in the field of law. Different countries' legal systems use the term with somewhat differing meanings. The broad equivalent in many English law–based jurisdictions could be a barrister or a solicitor. However, ...
s and
Proctor
Proctor (a variant of ''procurator'') is a person who takes charge of, or acts for, another.
The title is used in England and some other English-speaking countries in three principal contexts:
* In law, a proctor is a historical class of lawye ...
s, persons of good repute and of competent knowledge and ability upon examination by one or more of the judges of the Supreme Court". Since then there were two groups of legal practitioners in Sri Lanka before 1974 as
advocate
An advocate is a professional in the field of law. Different countries' legal systems use the term with somewhat differing meanings. The broad equivalent in many English law–based jurisdictions could be a barrister or a solicitor. However, ...
s and
proctor
Proctor (a variant of ''procurator'') is a person who takes charge of, or acts for, another.
The title is used in England and some other English-speaking countries in three principal contexts:
* In law, a proctor is a historical class of lawye ...
s, when the ''Administration of Justice Law (No. 44 of 1973)'' was enacted by the National State Assembly in 1973.
Since 1833 to 1973, there had been two types of proctors; proctors of the supreme court and proctors of a
district court. The former, been appointed by the supreme court following a prescribed course of study at the
Ceylon Law College
Sri Lanka Law College (abbreviated as SLLC), formerly known as Ceylon Law College, is a law college, and the only legal institution where one can enroll as a attorney-at-law in Sri Lanka. It was established in 1874, under the then Council of Legal ...
could practice in any court in the island; while the latter, been appointed by a district judge was allowed to practice in the lower courts in that specific judicial district. By 1973, proctors of the district courts have become increasingly rare with proctors of the supreme court becoming the norm. The
Attorney General
In most common law jurisdictions, the attorney general or attorney-general (sometimes abbreviated AG or Atty.-Gen) is the main legal advisor to the government. The plural is attorneys general.
In some jurisdictions, attorneys general also have exec ...
was authorized a proctor from each district to serve as the Crown Proctor to
instruct or brief crown counsel on civil and criminal cases in district courts, courts of requests and police courts on behalf of the Crown. Proctors would maintain offices or establish legal firms (as partnerships) that clients would directly access. The instructing proctor would conduct litigation and engage the services of an advocate to represent their clients in court, by providing them with a
brief
Brief, briefs, or briefing may refer to:
Documents
* A letter
* A briefing note
* Papal brief, a papal letter less formal than a bull, sealed with the pope's signet ring or stamped with the device borne on this ring
* Design brief, a type of educ ...
.
Most advocates, qualified after completing the advocate course at the
Ceylon Law College
Sri Lanka Law College (abbreviated as SLLC), formerly known as Ceylon Law College, is a law college, and the only legal institution where one can enroll as a attorney-at-law in Sri Lanka. It was established in 1874, under the then Council of Legal ...
, which at times included some years in the
Ceylon University College
Ceylon University College was a public university college in Ceylon. Established in 1921, it was Ceylon's first attempt at university education. The college didn't award degrees under its own name but prepared students to sit the University of Lo ...
or completing the advocates exams following their graduation from University. British qualified
barrister
A barrister is a type of lawyer in common law jurisdictions. Barristers mostly specialise in courtroom advocacy and litigation. Their tasks include taking cases in superior courts and tribunals, drafting legal pleadings, researching law and ...
s could directly take oaths as advocates. As in
England
England is a country that is part of the United Kingdom. It shares land borders with Wales to its west and Scotland to its north. The Irish Sea lies northwest and the Celtic Sea to the southwest. It is separated from continental Europe b ...
with
barrister
A barrister is a type of lawyer in common law jurisdictions. Barristers mostly specialise in courtroom advocacy and litigation. Their tasks include taking cases in superior courts and tribunals, drafting legal pleadings, researching law and ...
s and
solicitor
A solicitor is a legal practitioner who traditionally deals with most of the legal matters in some jurisdictions. A person must have legally-defined qualifications, which vary from one jurisdiction to another, to be described as a solicitor and ...
s, advocates practice case law from their
chambers
Chambers may refer to:
Places
Canada:
*Chambers Township, Ontario
United States:
*Chambers County, Alabama
* Chambers, Arizona, an unincorporated community in Apache County
* Chambers, Nebraska
* Chambers, West Virginia
* Chambers Township, Hol ...
with limited access to clients and acted on instructions of a proctor, having
rights of audience
In common law, a right of audience is generally a right of a lawyer to appear and conduct proceedings in court on behalf of their client.
In English law, there is a fundamental distinction between barristers, who have rights of audience in the ...
in the higher courts. They had no power to act as
notary-publics.
Until 1972, senior advocates were nominated to be appointed as
Queen's Counsel
In the United Kingdom and in some Commonwealth of Nations, Commonwealth countries, a King's Counsel (Post-nominal letters, post-nominal initials KC) during the reign of a king, or Queen's Counsel (post-nominal initials QC) during the reign of ...
s. Advocates often considered themselves superior to proctors, yet proctors controlled the work they sent to which advocates.
Since 1974, both advocates and proctors are considered as Attorneys-at-law for all purposes. Those attorneys engaging the practice of courtroom
advocacy
Advocacy is an Action (philosophy), activity by an individual or advocacy group, group that aims to influence decision making, decisions within political, economic, and social institutions. Advocacy includes activities and publications to infl ...
and
litigation
-
A lawsuit is a proceeding by a party or parties against another in the civil court of law. The archaic term "suit in law" is found in only a small number of laws still in effect today. The term "lawsuit" is used in reference to a civil actio ...
, as did advocates in the past are referred to as counselor while other attorneys engaged in all kinds of legal work. Counselor are retained by instructing attorneys on behalf of their clients and manages the case work. Senior attorneys may be appointed as
President's Counsel
President's Counsel (postnominal PC) is an eminent lawyer who is appointed by the President of Sri Lanka to be one of the "President's Counsel learned in the law". The term is also recognized as an honorific which replaced the practice of appoint ...
s.
Education and training
To practice law in Sri Lanka one must be admitted and enrolled as an Attorney-at-Law of the
Supreme Court of Sri Lanka
The Supreme Court of Sri Lanka ( si, ශ්රී ලංකා ශ්රේෂ්ඨාධිකරණය, Sri Lanka Sreshthadikaranaya; ta, இலங்கை உயர் நீதிமன்றம், Ilankai uyar neetimanram) is th ...
. This is achieved by passing law exams at the
Sri Lanka Law College
Sri Lanka Law College (abbreviated as SLLC), formerly known as Ceylon Law College, is a law college, and the only legal institution where one can enroll as a attorney-at-law in Sri Lanka. It was established in 1874, under the then Council of Legal ...
which are administered by the Council of Legal Education and spending a period of six months under a practicing attorney of at least eight years standing as an
articled clerk
Articled clerk is a title used in Commonwealth countries for one who is studying to be an accountant or a lawyer. In doing so, they are put under the supervision of someone already in the profession, now usually for two years, but previously thre ...
. To undertake law exams students must gain admission to the Sri Lanka Law College and study law or directly undertake exams after gaining an
LL.B
Bachelor of Laws ( la, Legum Baccalaureus; LL.B.) is an undergraduate law degree in the United Kingdom and most common law jurisdictions. Bachelor of Laws is also the name of the law degree awarded by universities in the People's Republic of Chi ...
from a local or foreign university.
Members of Parliament
A member of parliament (MP) is the representative in parliament of the people who live in their electoral district. In many countries with bicameral parliaments, this term refers only to members of the lower house since upper house members of ...
may gain admission to the Sri Lanka Law College to qualify as lawyers.
Appointments
There are several appointments that attorneys can apply for or be granted by the government;
*
Judge
A judge is a person who presides over court proceedings, either alone or as a part of a panel of judges. A judge hears all the witnesses and any other evidence presented by the barristers or solicitors of the case, assesses the credibility an ...
*
President's Counsel
President's Counsel (postnominal PC) is an eminent lawyer who is appointed by the President of Sri Lanka to be one of the "President's Counsel learned in the law". The term is also recognized as an honorific which replaced the practice of appoint ...
*
Justice of the Peace and Unofficial Magistrate In Sri Lanka, a Justice of the Peace and Unofficial magistrate (also known as Acting magistrate) is a judicial appointment made by the Minister of Justice to a particular jurisdiction under the ''Judicature Act No 02 of 1978''. An Unofficial magistr ...
*
Law Officers
*
Notary public
*
Commissioner for Oaths
*
Company secretary
*
Inquirer into Sudden Deaths
Court attire
Sri Lankan attorneys are required to wear robes and other items of
court dress
Court dress comprises the style of clothes and other attire prescribed for members of courts of law. Depending on the country and jurisdiction's traditions, members of the court ( judges, magistrates, and so on) may wear formal robes, gowns, ...
when they appear in court. Male attorneys, must wear a black coat, dark trousers, white shirt and black tie, they are also permitted to where white trousers or white National dress and also a black
sherwani
Sherwani is a long-sleeved outer coat worn by men in South Asia. Like the Western frock coat it is fitted, with some waist suppression; it falls to below the knees and is buttoned down the front. It can be collarless, have a shirt-style collar, ...
. Sherwanis and white trousers are uncommon. Lady lawyers commonly wear white saree. Black gown (robes) must be worn before the Superior Courts (the Court of Appeal and Supreme Court) and are optional in other courts and are worn per custom.
Prior to 1974, advocates wore the court dress of barristers with horsehair wig (ceremonial occasions), stiff collar, bands, and a gown; while proctors wore black coat and white trousers. Following the creation of the profession of attorneys in 1974 to reforms of it in 1977, all judges and attorneys wore black coats, dark trousers. Since then the current practice continues.
Regulation
Attorneys are regulated by the
Bar Association of Sri Lanka
The Bar Association of Sri Lanka (shortened to BASL) is the Bar Association in Sri Lanka. The Institute was established in 1974, amalgamating the ''Bar Council of Sri Lanka'' which represented the Advocates and ''Law Society of Sri Lanka'' rep ...
, with a preliminary inquiry under taken by a disciplinary committee appointed by the Chief Justice per the Judicature Act.
See also
*
Judicial system of Sri Lanka
References
External links
Ministry of Justice
{{Law of Sri Lanka, state=collapsed
Law of Sri Lanka
Region-specific legal occupations
*