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BHASKARA SASTRY (advocate)     18 March 2010

IS THIS ADVISABLE

MY FRIEND IS AN ADVOCATE , ONE OF THE REPUTATED ORGNIZATION TAKEN AS A JR.ADVOCAT TO LOOK AFTER THE MATTERS IN THE COURTS WITH THE HELP OF THE SENIOR ADVOCATE. MONTHLY THE COMPANY PAYING 5000/- FEE.   BUT THEY INSTED TO PUT SIGNATURE IN THE WAGE RECORD AND SALARY SLIP. BUT THE WORK IS NOT A DEREGATORY TO THE PROFESSION IS THIS ADVISABLE.



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 7 Replies

R.R. KRISHNAA (Legal Manager)     18 March 2010

It is not advisable.  As your advocate friend's name is entered into the rolls of the company and the salary register he becomes an employee of the company and hence he is ineligible to practice as per bar council rules.  As per bar council rules, it is not permissble for a advocate to become a employee of a company unless he has been temporarily suspended from legal practice by way of order from the bar council of the respective state.  Your friend cannot practice law as well as be a employee of a company.  You may refer the bar council rules.

BHASKARA SASTRY (advocate)     18 March 2010

thank you sir

BHASKARA SASTRY (advocate)     18 March 2010

if that is only on the wage register when what happend?

Gundlapallis (Advocate)     19 March 2010

He can render his services on retainer basis to the company and continue practice.

N RAMESH. (Advocate Chennai. Formerly Civil Judge. Mobile.09444261613)     19 March 2010

I agree with Mr Krishna and Mr Gundlapallis

BHASKARA SASTRY (advocate)     20 March 2010

Thank yougundlapallis, my qustion is that now my friend he is doing his adcocate services since last month onlyto the company but he is taking his wage unless 240days it was not covered under salary this wage is considered as retainer fee?

Gundlapallis (Advocate)     20 March 2010

Mr. Bhaskar :

 

Advocates need not work for a wage - wage is something paid to a labourer or workmen - Your confusion is mixed up with the term 'continuous service' for the purpose of calculation of Bonus, gratuity etc etc.  Dont worry about 240 days or anything else like that.  For getting salary or wages one must be on the rolls of the company - a retainer wont be on the rolls of the company -(for your better understanding, you see panel advocates retained by the bankers - think in those terms) he only works for his fees and his employment is temporary can be renewed periodically or terminated on mutual understanding or agreement.  He is not eligible for bonus or gratuity or incentives or retirement benefits -  Hope i clarified your doubts. 


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