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Advocate in full time employment

(Querist) 03 August 2015 This query is : Resolved 
Respected Sirs/ Madams/ Seniors or Dear friends,

From the provisions of the Bar Council of India Rules, it is clear that no advocate is entitled to practice the profession of law while he is in full time employment with an organisation. If he takes up any full time employment he is bound to inform the same in the state Bar council and surrender his enrollment card.

But how far are the State Bar councils serious in this matter?

What measures do the Bar councils take to weed out such fraudulent practitioners?

There are certain benefits provided by the Bar Councils to the enrolled advocates but if the Bar Council is not serious about such fraudulent practitioners who enjoy the benefits of the council then how can it do justice to those persons who are strictly adhered to the profession of advocacy?

How much of quality service can such practitioners offer by sailing in two boats at the same time to their clients who entrust on them in the pursuance of justice ?

I am left out with no answers to the above questions when I sent an email to a state Bar Council regarding the above issue about a practitioner who is indulged in both practicing and full time employment with an organisation. I did not disclose the details of the advocate in the email but mentioned that if there is reply then I would go in person to give the details but, no response from the Bar council.

Expert views on this issue are awaited.
SAINATH DEVALLA (Expert) 04 August 2015
An Advocate cannot be on the rolls of any company or organisation as a paid employee.He can only represent the orgn in the capacity of an advocate.The moment he is an employee the Bar Council of India rules prohibits him from continuing as an Advocate.
Naresh emulakonda (Querist) 04 August 2015
Yes the rules prohibit such conducts only on the paper but not in action
Guest (Expert) 04 August 2015
Mr.Naresh you should mind your Language before making any Defamatory Statements.Bar Council of India is having Lakhs and Lakhs of Members and Can not be watching every Individual.If at all there is any Genuine Complaints with Evidence/Proofs the action would be Implemented Immediately.Your Mail with out Disclosures of Facts would be treated as anonymous.Before approaching Bar Council of India you could even approach State Bar Council.
Naresh emulakonda (Querist) 04 August 2015
Dear Rajkumar Sir,

I am sorry if any of my statements did hurt you. I have no intention to defame anyone in fact I am a law student and if I do any such thing I would be defaming myself only.

I agree that I sent an email without disclosing the details, but I also mentioned that if I receive a reply I would go directly in person to the Bar council to provide the details. Wouldnt that be sufficient to respond to my email? If you are convinced with my approach then tell me the procedure on how to address this issue to the Bar council?

Sir, also please guide me how can I prove with an evidence that someone is working in an organisation so that I will approach the Bar council with that.

Sir please let me know which of my statements are defamatory in nature so that I can withdraw them.
Rajendra K Goyal (Expert) 04 August 2015
What are the steps in your eyes should be taken by State Bar council. You can write to council regarding your suggestions.

Without disclosing name bar council is not supposed to take any steps.
Guest (Expert) 04 August 2015
Collecting the Evidences would be your Problem.When there is No Evidence your Statements are False.Asking Advise from Advocates to Trap an Advocate Really Great.
Guest (Expert) 04 August 2015
Go thro your Sentence Sent as a Reply to Expert Mr.Saitnath Devalla
Naresh emulakonda (Querist) 04 August 2015
Dear Rajendra Sir,

Thank you for giving some clarity. I will approach the Bar council directly to know more about it.
Naresh emulakonda (Querist) 04 August 2015
Dear Rajkumar Sir,

Thank you for the comments. If you assume it as a trap then, it would be me who would fall into the trap if I make any false statements and not the advocate even if I receive any advice from any advocate for trapping another advocate.

Also if the statement made by me as a reply to the opinion provided by the Expert Mr. Sainath Devalla to be defamatory I withdraw it.
SAINATH DEVALLA (Expert) 04 August 2015
Naresh, when U knew the rules what made U post such a lengthy query, wasting the time of the legal experts.
SAINATH DEVALLA (Expert) 04 August 2015
UR profile states U R a student,what way are U concerned with the conduct of an advocate?


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