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Advocates rules

(Querist) 01 November 2017 This query is : Resolved 
Hello,
My name is Pratik Shandilya from Mumbai and I am an Advocate at this moment. I am going to be a teacher and hence will surrender my SANAD (Lincense) to Mah & Goa Bar Council.

My query.
Can I legally write �Ex-Advocate� on my visiting card and newspaper advertisements?
I don�t find any impediment it doing it.
I will be into teaching of subjects like mathematics and completely detached from practise.
I believe, in writing �Ex- Advocate� as prefix before my name simple reveals my previous profession and it is allowed?

Please let me know panel experts. I will be also contacting Bar council in personal but still seeking advice here.

Thank you
Guest (Expert) 01 November 2017
Even if you are not in to practice you could very well state your Law qualification/Degree as jn all concerned like visiting card news paper ads etc..Only Advertising the Advocate Profession is prohibited.As a Teacher there is no restriction in mentioning the law qualification.You could avoid mentioning as Ex Advocate which might not look better.
Ms.Usha Kapoor (Expert) 01 November 2017
IF YOU WANT TO BE A FULL TIME TEACHER OF MATH AFTER SURRENDERING YOUR LICENCE TO PRACTICE OR EHNROLLMENT CERTIFICATE YOU CANT USE EX ADVOCATE ALSO. IF ON THE OTHER HAND IF YOUR MATH TEACHER JOB CONSUMES A FEW HOURS TIME OR PART TIME YOU CAN CONTINUE YOUR PRACTICE WITHOUT SURRENDERIBG YOUR ENROLLMENT CERTIFICATE.
Ms.Usha Kapoor (Expert) 01 November 2017
IF YOU WANT TO BE A FULL TIME TEACHER OF MATH AFTER SURRENDERING YOUR LICENCE TO PRACTICE OR EHNROLLMENT CERTIFICATE YOU CANT USE EX ADVOCATE ALSO. IF ON THE OTHER HAND IF YOUR MATH TEACHER JOB CONSUMES A FEW HOURS TIME OR PART TIME YOU CAN CONTINUE YOUR PRACTICE WITHOUT SURRENDERIBG YOUR ENROLLMENT CERTIFICATE.
Guest (Expert) 01 November 2017
Ms.Usha Kapoor Please Do Justify what is Legally Wrong if at all he mentions it as "Ex advocate "Please
Ms.Usha Kapoor (Expert) 01 November 2017
So far I've not seen anyone who after surrendering enrollment certificate keep his name tag as ex-advocate as it looks odd. HE CAN KEEP HIS QUALIFICATIONS AS M.Sc, LL.B WHICH IF NEED OCCASIONS HE CAN QUIT HIS fulltime MATH TEACHER JOB AND SWITCH BACK TO ACTIVE LEGAL PRACTICE BY RE APLLYING FOR his ENROLLMENT CERTIFICATE.You can't have a cake and eat it too.ONce he stopped active practice it should be wise and prudent on his part not to keep his name tagged along as ex advocate.
Guest (Expert) 01 November 2017
Ms.Usha Kapoor if you had not seen any one so far it doesn't mean it is not permitted to use as per his wish .
Guest (Expert) 01 November 2017
Ms.Usha Kapoor Kindly Legally Justify your objections
Vijay Raj Mahajan (Expert) 01 November 2017
The practising advocates duly enrolled with individual State Bar Councils in India have to get their legal practise verified after the order of the Supreme Court of India. This process to check and verify the practising advocate was done in order to identify the persons who without proper law degree got enrolled as advocate and started their practise, there were others who with proper degrees were enrolled as advocate but were not in practise at all.
If you are practising advocate now and stop your legal practise than neither you can use the term advocate nor continue your legal practise if you surrender the enrolment with your state bar council. There is no such term ex-advocate so better it will be not to use any such terminology. "You were practising advocate but let it to join regular teaching profession", what you want to show by such sentence in your advertisement, I'm unable to understand, both these are separate profession, a person looking for maths teacher will not be impressed if you tell him you were once an advocate as that will hardly matter to him as he's looking for maths teacher with qualification in the subject of maths not law.
Guest (Expert) 01 November 2017
Mr Vijay Raj Mahajan Please Legally Justify or clarify why the term /word Ex Advocate would be/could be objected please
Guest (Expert) 01 November 2017
Is there any Rules any where that term /word " Ex Advocate " not to be used. Please Cite it out Sir
Ms.Usha Kapoor (Expert) 01 November 2017
Although there is no ilegality attached to using ex advocate tag beside their name in visiting cards by using this as the ex advocte may make extra money for rendering legal opinion services which is against advocate rules. if we allow him to use he would make the best of both the worlds literally by making business through his ex advocate name tag by giving legal advice for monitary consideration as well as draw his salary as a full time time math teacher. In view of this ex advocate name tag is improper.He may make money through legal drafting also.Let him write to the BCI and get clarification from it.
Guest (Expert) 01 November 2017
Ms.Usha Kapoor we are not here atleast my self is not here to discuss or to find out who is making what money or how etc
Guest (Expert) 01 November 2017
Ms Usha Kapoor Just Legally Justify /clarify whether the term /word "Ex Advocate " could be /would be objected or not please
Guest (Expert) 01 November 2017
Ms Usha Kapoor Just for your information 1 in 300 th person in Delhi is a Lawyer as per RTI reports in 2011
Guest (Expert) 01 November 2017
The Reports had also said there are 1.3 million advocates in the country in the year 2011 out of which more than 45 % are Fake.
Guest (Expert) 01 November 2017
Then Where lies the Question of objection to a genuine advocate who had a BCI Enrollment also to brand him self as " Ex Advocate " Please
Guest (Expert) 01 November 2017
More over Ms.Usha Kapoor the Enrollment in BCI is precisely for the purpose of Court Appearance and other services like drafting Legal Documents and providing Legal Opinion etc could be provided even with out BCI enrollment and no objections could be legally made . Even Document writers at Registrar Office could do such jobs.
Ms.Usha Kapoor (Expert) 01 November 2017
Primafacie perse using Ex advocate name tag is not illegal. Let him get a clarification from BCI also.
Ms.Usha Kapoor (Expert) 01 November 2017
Primafacie perse using Ex advocate name tag is not illegal. Let him get a clarification from BCI also.
Guest (Expert) 01 November 2017
Ms.Usha Kapoor - No clarification would be required please and certainly there could be No Objections Please
Rajendra K Goyal (Expert) 01 November 2017
You can use your degree LLB / LLM as usual after surrendering your enrollment.

A teacher should surrender his enrollment.

You can mention in your resume that you worked as Advocate from ____ to _____ .
Dr J C Vashista (Expert) 02 November 2017
Prefixing has already been restricted in the Constitution of India, 1950, read the provision carefully.


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