Practicing and non-practicing advocates

This query is : Resolved 

12 April 2012

there is a discussion going in our BAR association regarding the Practicing and NOn-PRacticing advocates.

is there any rules or conditions laid in the act or rules to identify an advocate as a non-practice advocate ?

whether an advocate who is practicing as a tax practitioner is treated as a non-practicing advocate by a BAR association ?

please clarify me

Nadeem Qureshi (Expert)
12 April 2012

No there is no rule

ajay sethi (Expert)
12 April 2012

please note that in maharashtra advocates have to give an undertaking format mentioned below

(a) I HEREBY UNDERTAKE that if after my admission as an advocate, I accept full or parttime
service or I am engaged in any trade, business or profession (Unless exempted by
the Bar Council under its Rules) I shall forthwith inform the Bar Council to put my name
in the non-practising advocates list for suspension of my sanad, and I will also surrender
my identity card and sanad to the Bar Council Office immediately.

Raj Kumar Makkad (Expert)
12 April 2012

The affidavit mentioned by Sethi is submitted almost all persons seeking their enrollment before any of the Bar Councils of India but practically various so-called advocates engage themselves in trade or business and do not get their license suspended for that period. this problem is going on in almost all bar associations and various problems are being faced by practising lawyers due to increasing number of such non-practising advocates.

I observed in one bar association that non-practicing advocates outnumber practicing advocates. When the election of the bar association held, such 'outsiders' elected their own president and other office bearers of that bar. This is nothing but a mockery of Advocates Act, 1961.

Lawyers engaged in taxation practice are practicing advocates and cannot be ousted as told but the discussion of practicing and non-practicing advocates should definitely be raised in all bar associations and BCI should take appropriate practical action in this matter.

V R SHROFF (Expert)
12 April 2012

Already advised .
Those Advocates, who are engaged in job/ business, inform bar, are suspending their practice temporarily for few months/ year, are non practicing. adv

13 April 2012

thanks for your replies.

whether any bar association will list out the names of the advocate who are practicing Taxation matters as non-practicing advocates and send to the concerned state bar councils to take further action

K.K.Ganguly (Expert)
13 April 2012

There is no rule differentiating between a practicing and a non-practicing advocate.

C. P. CHUGH (Expert)
13 April 2012

No Bar Council of any State would disqualify a member only for the reasons that he has been practicing tax related laws. Practice means practive of any branch of law including taxation or IPRs or for that matter civil or criminal. Even those practicing Labour and Allied Laws are also practicing advocates. However those engaging themselves into any kind of business/commercial activity should volunteer to inform the Bar Council with which they are enrolled and should stop influencing the working of Bar Association of which they are members. In case the Bar Association is strong, it can take action against those members and remove their name from the membership of Bar Association. Many association do not take such steps for the reasons that such non-active, non-practicing members are source of their income.

Shonee Kapoor (Expert)
14 April 2012

Nothing to add.


Shonee Kapoor

17 April 2012

thanks for your replies sirs

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