Regarding Enrollment

srinivas garlapati (Querist) 04 July 2009 This query is : Resolved
Dear Sir,

I have recently compleated my LL.B., Now I want to know, Can I join as a Legal Officer in a Pvt. Company and I can appear before the legal forums with Dress code.Is it necessary to enroll in State Bar Council or not.

Srinivas Garlapati

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A V Vishal (Expert) 04 July 2009
Dear Srinivas

Attention is drawn to Ch VII of the BCI rules:

Section VII—Restrictions on Other Employments

49. An Advocate shall not personally engage in any business but he may be a sleeping partner in a firm doing business provided that, in the opinion of the Bar Council the nature of the business is not inconsistent with the dignity of the profession.

50. An Advocate may be a Director or Chairman of the Board of Directors of a company with or without any ordinary sitting, fee provided none of his duties are of an executive character. An Advocate shall not be a Managing Director or a Secretary of any company.

51. An Advocate shall not be full-time salaried employee of any person, government, firm, corporation or concern, so long as he continues to practise and shall, on taking up any such employment, intimate the fact to the Bar Council and shall thereupon cease to practise as an advocate so long as he continues in such employment.

Nothing in this rule shall apply to Law Officer of the Central Government or the Government of a State or of any Public Corporation or body constituted by statute who is entitled to be enrolled under the rules of the Bar Council made under Section 28(2)(d) read with Section 24(1)(c) of the Advocates Act, 1961 despite his being a full-time salaried employee.

52. An Advocate who has inherited, or succeeded by survivorship, to a family business may continue it, but may not personally participate in the management thereof. He may continue to hold a share with others in any business which has descended to him by survivorship or inheritance or by will, provided he does not personally participate in the management thereof.

53. An Advocate may review Parliamentary Bills for a remuneration, edit legal text books at a salary, do ‘press-vetting’ for newspapers, coach pupils for legal examinations, set and examine question papers; and subject to the rules against advertising and full-time employment, engage in broadcasting, journalism, lecturing and teaching subjects both legal and non-legal.

54. Nothing in these rules shall prevent an Advocate from accepting, after obtaining the consent of the Bar Council part-time employment provided that in the opinion of the Bar Council the nature of the employment does not conflict with his professional work and is not inconsistent with the dignity of the profession.

These rules shall be subject to such directives if any as may be issued by the Bar Council of India from time to time.

The Bar Council of India Rules prescribe strict regulatioons as to an advocates dress code. An advocate has no choice in the matter of dress while appearing in court and may not be permitted to appear if incorrectly attired

Advocates appearing in the Supreme Court, high court, subordinate courts, tribunals or authorities must wear the dress prescribed, which must be sober and dignified. Male advocates must wear a black buttoned-up coat, chapkan, achkan or a black sherwani, and white bands with advocate's gown or a black open-breasted coat, white shirt, white collar, stiff or soft, and white bands with advocate's gown. In either case long trousers (white, black striped or grey) or dhoti must be worn.

Women advocates must wear black and full or half sleeve jackets or blouses, a white collar, stiff or soft, with white bands with advocate's gown. They may wear saris or long skirts (white, or black or any mellow or subdued colour without any print or design) or flare, or Punjabi dress (churidar kurta or salwar kurta, with or without dupatta), white or black.

Wearing of an advocate's gown is optional except when appearing in the Supreme Court or in a high court. In courts other than the Supreme Court, high court, district court, sessions court or city civil court a black tie may be worn instead of bands. Certain high courts such as the Delhi High Court permit advocates not to wear a gown during the summer months.

An advocate must appear in court, at al

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