Advocate working on bank panel

This query is : Resolved 
 

(Querist)
04 April 2020

Dear Experts,

Can anyone please guide what is role of an advocate, working on banks panel. i.e. what kind of works advocate work on banks panel.

Please suggest.

Regards,
Advocate Amit


Raj Kumar Makkad (Expert)
04 April 2020

Advocate Amit! It is very surprising to have such silly question from your side.

A lawyer has to perform all duties/jobs related to law as envisaged in Advocate Act, 1961 irrespective of your client is a private person, State, Corporation, Bank or any other entity.

Searching the properties and its furnishing of Reports, legal opinion, Drafting & sending Legal Notices, Giving legal advice, Contesting cases on behalf of bank before the courts and tribunals etc. are the main assignments but these are not exclusive.

advocate (Querist)
04 April 2020

Thanks for your reply mr. Raj kumar. but my concern is different.

some CA's and advocates are working as a mediator between bank and client for obtaining loan from bank.
I want to know how can i work in this field alongwith my practice in taxation.

Please guide, if you have some information about this.

Thanks in advance for your reply.

KISHAN DUTT RETD JUDGE (Expert)
04 April 2020

Dear Sir,
normally such duties and responsibilities are prescribed by your bank for example pleease see the following
============================================================================
https://www.unitedbankofindia.com/pdf/legal_policy.pdf
============================================================================

IV. DUTIES AND RESPONSIBILITIES OF PANEL ADVOCATES:-
i. The panel advocate(s) should undertake the job for search relating to encumbrance, title clearance
report etc. of the property only after receipt of proper communication from the concerned Branch/
Regional Office of the Bank.
ii. The panel advocate(s) should not accept any request for obtaining non encumbrance certificate or
issuing title clearance report from the Bank’s present/proposed constituent for the purpose of
availing loan from our Bank.
Iii.The panel advocate(s) should verify the “Title Documents’ in original before submitting his report to
the concerned Branch / R.O of the Bank.
iv.The panel advocate(s) should submit to the concerned Branch/R.O of the bank the original receipts
for deposit of “Fee for Search” in the Registration Office/Registrar of Companies/ Court etc along
with his report.
v. The panel advocate(s) should point out any defect(s), whether legal or otherwise in the title
documents which is prima facie apparent/manifest
vi. The panel advocate(s) should himself verify the registration records of the property offered as
security.
vii. The panel advocate(s) should inform the Bank of pendency of any litigation concerning the
property if it comes to his knowledge at the time of search or at any time subsequent to furnishing
the search report.
viii. While pursuing/defending any litigation on behalf of the Bank, the panel advocate(s) should -
a. Intimate the day to day progress of the matter to the concerned Branch/ Regional
Office of the Bank.
b. Not seek adjournments without any valid and cogent reasons and without concurrence of the
Bank.
c. Not make any submission before the court without proper instructions from the
concerned Branch/ Regional Office/Head Office of the Bank.
d. May advise the concerned Branch/R.O for engaging Senior Advocate/Counsel, if required, to
protect the interest of the Bank.
e. Not appear either directly or through his juniors/ assistant advocate against the Bank in any
matter.

advocate (Querist)
04 April 2020

Thanks for your reply kishan sir

Raj Kumar Makkad (Expert)
05 April 2020

Whatever facts had been offered by you in your query, the same were only taken into consideration while replying and if you have given some more then the same have duly been addressed by expert Kishan Dutt ji, which are also being endorsed by me.

Dr J C Vashista (Expert)
05 April 2020

I concur expert advise of Mr. Kishan Dutt and Mr. Raj Kumar Makkad.
You are expected/ required to provide legal services to the Bank who have engaged / empanelled you, which differs from case to case, wherein variety of issues are involved.

Rajendra K Goyal (Expert)
05 April 2020

Your query can be replied in two parts:
a) Advocate of the Bank on panel
b) Helping clients for getting loan from Bank.

Rajendra K Goyal (Expert)
05 April 2020

a) For Advocate on Panel, the duties are broadly as mentioned in post of Expert Kishan Dutt Sharma Retired Judge. On panel Advocates are not paid fixed monthly pay, but is paid in accordance with the case and work entrusted to them and performed by them.

b) Helping Clients for getting loan from Bank:
It is doubtful PSU entrust any such work to lawyers or CAs. However certain Marketing functions of Housing loan, other such loans are being offered on commission basis by some PSUs. Essentiality for this is business, not a degree of law. Generally PSU does not hire the services of Advocate or CA for commercial loans. An Advocate or CA can provide services to clients directly in completion of formalities / documents / requirements, Bank is not obliged to pay to them for their services.

advocate (Querist)
06 April 2020

thanks all for your reply

Rajendra K Goyal (Expert)
06 April 2020

You are welcome, welcome for further query if any.

Raj Kumar Makkad (Expert)
06 April 2020

The author is always welcome as and when he deems fit.

T. Kalaiselvan, Advocate (Expert)
07 April 2020

There is no obligation for the bank panel advocate to procure customers for availing loan.
As a panel advocate you are required to give legal opinion on the security furnished by the customers desiring to avail loan.
Additionally the advocate may have to perform the duties of issuing legal demand notice, filing money recovery suits, defending the bank interests in the event of any suit or litigation filed against the bank.
You will be given with the list of duties to be preformed as a legal adviser of the bank which will enlighten you more clearly.

Rajendra K Goyal (Expert)
07 April 2020

Generally the Bank Panel Advocates are paid in accordance with the norms set by Bank. In a court there can be more than one panel lawyer.

Every Bank has their own panel. Lawyer on panel of One Bank can not claim to be on panel of other Bank as a matter of right till entrusted by other Bank on panel.

Raj Kumar Makkad (Expert)
07 April 2020

Lawyer on the penal of one bank can also be on the penal of other banks. This is an additional point to be considered by other banks for the consideration.



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