Service
Querist :
Anonymous
(Querist) 25 June 2011
This query is : Resolved
i am member of U P Bar Council since 2010. and i am engaged in the real estate company as Law Manager to look after legal matters. for rendering said service, i got remuneration as 'Salary'. Please advice me that getting salary for rendering legal service to the company not violating the law and rules for Advocate.
Guest
(Expert) 25 June 2011
SIR,
YOU MAY REFER THE COPY OF YOUR APPLICATION FOR REGISTRATION TO YOUR BAR COUNCIL. AND ALSO REFER THE PROSPECTUS.IT MAY BE AGAINST THE RULES SO BETTER INDIRECTLY COLLECT THE INFORMATION FROM OFFICE AND HELP YOURSELF GOOD LUCK.
prabhakar singh
(Expert) 25 June 2011
YOU COLLECT as fees, not as 'Salary'for as an
Advocate u are not allowed to do so.
A V Vishal
(Expert) 25 June 2011
You can collect it as retainer fees.
Querist :
Anonymous
(Querist) 25 June 2011
Prabhakar singh sir and a v vishal sir
what is the consequence, if received as salary.
R.Ramachandran
(Expert) 25 June 2011
Dear Anonymous,
If you receive salary, it means that you are an 'employee' of someone.
According to Advocates Act, Enrolment with Bar Council is allowed only for those who are not in business or in any employment.
Therefore, if you are receiving 'salary', you have to get your Enrolment suspended during that period.
On the contrary, if any one complains against you, in that case the Bar Council will take disciplinary action against you and cancel your enrolment. Except this, there is no other consequence.
A V Vishal
(Expert) 25 June 2011
The Advocates Act has provisions wherein an advocate is not allowed to take up employment while he is enrolled as an advocate with the bar council. As stated by Mr RR, if at all, if any complaint is lodged against him it will be professional misconduct and disciplanary action may be initiated by the concerned bar council.
Advocate. Arunagiri
(Expert) 25 June 2011
You are working as an employee, you are liable for suspension as an advocate.
Querist :
Anonymous
(Querist) 25 June 2011
As per experts valuable advise, i am decided to surrender my enrollment. now please guide procedure.... Thanks
my one more query that can i use "advocate" with my name or not ? please advise.
R.Ramachandran
(Expert) 26 June 2011
When you are an employee of some one, you cannot have enrolment as "Advocate". Since you cannot have enrolment as "Advocate", you cannot call yourself as an "Advocate" and consequently you cannot use the tag "Advocate" with your name. Of course, you can use the degree like LL.B. along with your name. But so long as you are an employee, you are not an "Advocate".
