Information regarding employment of an advocate

Querist : Anonymous (Querist) 28 August 2018 This query is : Resolved
if the advocate is not practicing and also he has not surrendered his enrolment then what will be the status of his license?
1.can he get employed in a psu without surrendering his enrolment?
2.can a practicing advocate be termed as employed?

Kindly provide information with sections and act.

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SHIRISH PAWAR, 7738990900 (Expert) 28 August 2018
Advocate cannot join employment without surrendering his enrollment. Practicing Advocate will always be call as practicing.

Querist : Anonymous (Querist) 28 August 2018
IF the advocate

Querist : Anonymous (Querist) 28 August 2018
if the advocate is not practicing and also he has not surrendered his enrolment then what will be the status of his license?

K Rajasekharan (Expert) 28 August 2018
A practising advocate should have at least five cases every year against his name and he cannot take up any remunerative employment so long as he retains his name in the roll of the Bar Council of India.

However there has been a suggestion to create a separate section of non-practising advocates also. But there is no final decision to separate both or de-enroll the non-practising advocates as on now.

Dr J C Vashista (Expert) 29 August 2018
Why do you prefer to remain "anonymous author" since anonymous author is discouraged for obligation by experts as per rules of this platform.
Since the licencee never practiced law and joins a job, it (licence) had and shall have no effect. However, it would be better to inform concerned Bar Council qua joining service so that the licence can remain suspended.

Querist : Anonymous (Querist) 29 August 2018
If the lawyer is disqualified under section 49 (1)(ah) and he haven't surrendered his license/ membership of bar association but works as an employee in a psu or is opting to work then will the employment agreement be valid or justified.?