Solicitors’ firms play a crucial role in the Indian legal system, particularly in areas such as corporate law, conveyancing, and litigation support. While the concept of solicitors is more formalized in countries like the UK, India has adopted a hybrid model where solicitors and advocates often overlap, though solicitors maintain a distinct position in some jurisdictions like Mumbai under the Bombay Incorporated Law Society.
Who is a Solicitor?
A solicitor is a legal professional who provides legal advice, drafts legal documents, and represents clients in lower courts or prepares cases for barristers or advocates to represent in higher courts. Unlike advocates, solicitors do not typically argue cases in court, especially in jurisdictions that distinguish the two roles.
In India, the term “solicitor” is mostly used in Mumbai legal practice, where solicitors are enrolled after passing the Solicitor’s Examination conducted by the Bombay Incorporated Law Society.
What is a Solicitors’ Firm?
A Solicitors’ firm is a legal services organization comprising one or more solicitors who offer a range of legal services including:
- Legal advisory
- Contract drafting and vetting
- Corporate compliance
- Property conveyancing
- Estate planning
- Non-contentious legal work
- Client representation in documentation and arbitration
These firms often collaborate with advocates or litigation counsels for courtroom proceedings.
Functions and Services of a Solicitors’ Firm
1. Legal Documentation and Advisory
- Drafting wills, contracts, deeds, agreements, and legal notices.
- Offering legal opinions on property, corporate, and commercial matters.
2. Transactional Law Services
- Due diligence for mergers and acquisitions.
- Drafting MOUs, shareholder agreements, and partnership deeds.
3. Property and Real Estate
- Title verification and registration services.
- Sale deed and lease deed drafting.
4. Corporate Law and Compliance
- Company formation, compliance filings, and business licensing.
- Advising on SEBI, FEMA, and RBI regulations.
5. Client Representation (Non-litigation)
- Representation before quasi-judicial authorities like:
- Registrar of Companies (ROC)
- Trademark Office
- Debt Recovery Tribunals (DRT)
6. Arbitration and Mediation Support
- Drafting arbitration clauses.
- Preparing legal documents and responses during arbitration.
Legal Framework Governing Solicitors’ Firms
Although the Advocates Act, 1961 does not separately define solicitors, their role is recognized under:
- Bombay Incorporated Law Society Rules
- Bar Council of India Rules
- Indian Partnership Act, 1932 (when solicitors’ firms are partnerships)
- Limited Liability Partnership Act, 2008 (if the firm is an LLP)
Difference Between Solicitors and Advocates
| Aspect | Solicitors | Advocates |
|---|---|---|
| Court Representation | Limited (mostly lower courts or paperwork) | Extensive (represent clients in all courts) |
| Examination | Mumbai-specific Solicitor Exam | Bar Council Exam (All India) |
| Practice Type | Non-contentious legal work | Contentious (courtroom) and non-contentious |
| Jurisdiction | Predominantly Mumbai | All over India |
Top Solicitors’ Firms in India
Some well-known firms that operate as or employ solicitors include:
- Crawford Bayley & Co.
- Dhruve Liladhar & Co.
- AZB & Partners
- Mulla & Mulla & Craigie Blunt & Caroe