Senior Advocate Yatin Oza has written to Gujarat High Court Advocates' Association (GHCAA) President Brijesh Trivedi raising concerns regarding the recently notified High Court of Gujarat (Designation of Senior Advocates) Rules, 2025.

Oza has specifically objected to Rule 5 which lists out nine conditions for which Senior Advocates must sign an undertaking.

These include a mandate to mentor and maintain at least 2 to 3 lawyers with less than 3 years experience, and to refrain from mentioning cases or seeking adjournment.

Oza did not object to the conditions listed as such but has taken exception to the fact that they were to be given as an undertaking, instead of being incorporated within the Rules.

According to Oza, the same undermines the dignity of Senior Advocates.

"The requirement of such an undertaking compromises the dignity and self-respect of the senior advocates, inasmuch as, what is sought to be conveyed by this undertaking, has to be read in-built. It goes without saying that in absence of an undertaking also, if what is sought to be achieved by an undertaking is not adhered to, then necessary Consequences can follow," Oza's letter stated.

Oza added that he has looked at the Rules of Designation published by the Supreme Court and the Bombay High Court and he found that they contain no such requirement of giving an undertaking.

He has, therefore, requested Trivedi to take up the issue with the Chief Justice of the Gujarat High Court.

The High Court of Gujarat (Designation of Senior Advocates) Rules, 2025, was notified by the Gujarat High Court bringing into effect various changes.

The Rule regarding undertakings read as follows:

Rule 5: Undertaking

An advocate who has been designated as "Senior Advocate" shall furnish an undertaking that he/she:

• will abide by the rules regulating the practice of Senior Advocate;

• will not draft or file pleadings in any Court and shall in all cases be assisted by another Advocate;

• shall not directly give consultation to any litigant and accept brief from the client;

• shall not file Vakalatnama or memo of appearance in any Court of Tribunal; however, the assisting advocate shall filè memo of intimation in the concerned Court intimating the appearance of Senior Advocate in the case so engaged;

• shall neither appear for mentioning for any matters before the Court nor should he/she appear for getting adjournments;

• shall mentor and maintain minimum 2 to 3 young lawyers with less than 3 years of experience;

• Will not accept instructions to draft pleadings/affidavits, advise on evidence or do any drafting or work of analogous nature in any court or tribunal, or undertake any conveyancing work of any kind whatsoever. However, this prohibition shall not extend to settling any such matter as aforesaid in consultation with instructing advocate; and

• Shall not be a standing counsel of Government, public sector undertaking, institution or local corporate body and if he/she holds such position, he/she shall resign or relinquish the same upon being designated as senior advocate.

After receiving Oza's letter, Trivedi indicated that a meeting will be convened soon with various Senior Advocates and advocates practicing before the Gujarat High Court.