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Failure to surrender the certificate of practice

(Querist) 23 January 2013 This query is : Resolved 
i have a query , as per the bar council rule were an advocate Joins an alternate employment he is required to surrender his registration certificate with the bar council.

my query is the were an advocates Joins an alternate employment and fails to surrender his registration certificate with the bar council and subsequently after a short period he resigns from that employment and resumes his practice. in the circumstances, as the advocate has already resumed his practice he is not in the position to surrender his registration certificate....what the advocate is required to do under the circumstances? and would he be facing any penalty..for this innocuous lapse on his part .. Kindly reply .
Raj Kumar Makkad (Expert) 23 January 2013
If such lawyer has again joined the profession and is doing his law practice then there is no mention of previous lapse on his part to surrender his practice certificate.
S.Singh (Querist) 23 January 2013
Thanks Mr. Makkad for you response, Just to clarify sir do you meant to say that such an advocate does not need to mention this previous lapse.
Raj Kumar Makkad (Expert) 23 January 2013
Yes. He need not to mention such lapses.
V R SHROFF (Expert) 23 January 2013
As soon as you join employment, must inform bar council, suspending your practice.

Later on u can again inform, that now you left job, and wish to continue with Legal Practice.

ajay sethi (Expert) 23 January 2013
he ought to have informed bar council of the fact that he has taken up alternative employment . the bar council is not aware of the lapse on his part . if at all bar council comes to know dscipilinary proceedings can be intiated aginst him
S.Singh (Querist) 23 January 2013
thanks Mr. Makkad Mr. Shroff & Mr. Sethi...Sir's kindly can you please suggest any remedy available under the circumstances.
ajay sethi (Expert) 23 January 2013
keep quiet
Raj Kumar Makkad (Expert) 23 January 2013
Most welcome for your appreciation. The only remedy is to seriously do practice now without disclosing your gap.

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