Employment by Advocates

Querist : Anonymous (Querist) 13 January 2011 This query is : Resolved
Advocates not allowed to work for a company while practicing as per the advocates Act. Any body challenged this before the Supreme Court. If so what is the out come?

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Y V Vishweshwar Rao (Expert) 13 January 2011
1-Advocate to be in profession full time- He has to concentrate on his profession-

2-Full time job( as Regular employee of Company ) with any company is not possible for Advocate - but he can work for /render legal services to/practice for any one Company only - not as employee - but , as Advocate for Company- as retainer -under agreement for rendering legal Services -between Company & Advocate only-Not Full time Company Regular Employee!

3-There are also exemptions-Periodical Company Visits - Conferences with Company legal affairs - Permitted business affairs by advocates - as mentioned in the Act .

Khaleel Ahmed (Expert) 13 January 2011
I agree with the expert YVV Rao.

Silabhadra Sastry Advocate (Expert) 13 January 2011
I agree with Mr. Rao

N.K.Assumi (Expert) 13 January 2011
Agreed with Rao, as the Advocate Act is very clear on this score.

Querist : Anonymous (Querist) 13 January 2011
Dear Experts, the advocates act is very clear about it no doubt.

But, you can see numerous advocates are working in companies and appear before the court, when ever they get cases. But, they will not disclose their employment, just because the BCI will suspend them.

APP is getting salary from the government and is practicing and claiming himself as a practicing advocate, his membership is not suspended.

Why the same can be legalized and extended to all the advocates? What is wrong in it?

Any data about the case on this subject.

Parthasarathi Loganathan (Expert) 13 January 2011
Is there any methodology stipulated to check strict compliance of the provisions of Advocates' Act. I am afraid not. That is why we see many including people in power who are lawyers resort to law practice and earn multiple income. Whereas, full-time officers like us are not allowed to render even free legal advice to law deprived citizens of this country.