Retainer Advocate Rights & Liabilities
Querist :
Anonymous
(Querist) 26 April 2011
This query is : Resolved
can a retained advocate can file Evidence in any suit on behalf of a company?
please help me to find the answer.
thanks & Regards
Amit Kumar
Adv. Vikas Surve
(Expert) 26 April 2011
Ratained advocate can not give evidence in any court. Any advocate who is having sanath can not give evidence in any court, and if he wants to give evidence he has to surrender his sanath.
Advocate. Arunagiri
(Expert) 26 April 2011
Retained advocate, this term itself is incorrect. If the advocate is retained by the company on retainer fee, he can not practise as an advocate.
As the legal officer of the company he can give evidence on behalf of the company.
R.Ramachandran
(Expert) 26 April 2011
Dear Mr. Arunagiri,
What they are calling a 'retainer' Advocate is the one who is working in a Law Firm, but not as an employee. He retains his 'Advocate' tag, but whatever compensation that he would be getting from the Firm is called 'Retainer Fee' and not 'salary'.
Advocate. Arunagiri
(Expert) 27 April 2011
Dear Anonymous,
What do you mean by a retained advocate. Whether he is your employee or otherwise. This will help you to get a prompt reply.
R.Ramachandran
(Expert) 27 April 2011
Yes, Mr. Anonymous has to clarify as to what he means as 'retained advocate'. It could also be that a Practising Advocate might have been retained by a Company on a fixed fee basis (monthly etc.) to attend to all its legal matters.
Querist :
Anonymous
(Querist) 27 April 2011
Dear All, as the person is an advocate having employed in an organisation on a monthly fee but his presence is marked in the company attandence roster, and if he is on leave a part of his fee (salary) is deducted. now if this is the status can he be file Affidavit of attandence in the Court or not.
pls Reply
thanks
