Advocate’s Lien : A Comparative Analysis Between India and the U.K

The right to lien is a significant part of the corpus of rights that a bailee enjoys. Advocates are one specific class of professionals who possess the right to a general lien as per Section 171 of the Indian Contract Act, 1872. There is, however, sparse literature that compares and analyses this specific right enjoyed by advocates in India currently. The object of this research is simple- to dissect and understand the scope of this common law right that has been vested in advocates. By looking at the common law position and then India, the paper analyses the status quo and the Indian position by asking provocative questions rather than establishing an opinion or lacunae in the Indian law. There are three primary segments. Part I deals with how general lien has been understood in common law, wherein the position in the U.K. will primarily be referred to. Part II looks at how it has been applied to India. And lastly, Part III aims to analyse and offer insights on the current position of law