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Registeration with bar council

(Querist) 28 September 2011 This query is : Resolved 
Till date I ahve been a Corporate Lawyer. I now intend to start independant practice in the state of karnataka although I completed my law degree (LL.B) from Mumbai University. Can anyoen help as to the procedures please and documenattion required.
Thanks and regarsd
Rajan
Shailesh Kr. Shah (Expert) 28 September 2011
If your law degree was awarded prior to 2009-10, there is no requirement to appear for the All India Bar Examination in order to qualify to practice law in India otherwise you need to clear examination. you have to registration with state bar council. It would be better to go local bar association to know procedure for enrollment in State bar council.
Raj Kumar Makkad (Expert) 28 September 2011
I sand with Shah.
Guest (Expert) 29 September 2011
I agreed with Adv Shah,
furthermore, u have to approach the Bar council of your state, req. to pay fee (via two DD's)need to send all the original certificate from your Class- X, XII, Graduation, PG (if) and near about after a month u will get the "Acknowledgement" mentioning your Registration no. and after 1-2 week u will get the "Original Certificate" encompasses of all the original document which u sent to them.
Rupam Ghosh (Expert) 29 September 2011
Even though you had been practising on the corporate side you should have been registered at that place. Now firstly it is not clear where were you practising so far? Or were you involved in admin kind of job where you dont need registration. In case you are already registered at one place then in order to start practise in another state you need to take the transfer of your enrolment from the place where you were practising by completing the formalities with the Bar Council of that place and it will take quite substantive time to take the transfer finally and then do the follow ups accordingly.
Shastri J.K. (Expert) 29 September 2011
I agree with Experts.
R.Ramachandran (Expert) 29 September 2011
When he says that "Till now I have been a Corporate Lawyer", all that he means is that he was working in a Corporate Sector legal wing. I don't think he was practising as an Advocate.
That is why he says that "I now intend to start independant practice in the state of karnataka".
Therefore, I think that, it is for the first time that he would be enrolling himself in any of the Bar Councils.
prabhakar singh (Expert) 29 September 2011
Expert Shailesh Kr. Shah,has a clear cut advise for you.
Rupam Ghosh (Expert) 29 September 2011
LL.B. degree holders are not lawyers they are merely qualified to be enrolled as an Advocate but he is into the practice he says that too as a corporate lawyer, so it seems to be bit sarcastic that he is not enrolled as an Advocate. Even if he is associated with a legal wing his profile would not be a Lawyer if he is not enrolled. Corporate practice is vast and rich for which lot of efforts need to be taken to sustain one's position, can you please highlight if the corporate lawyer are only LL.B.s and not enrolled as an Advocate. I think his questions are vague and not giving the clear picture what he wants.
Guest (Expert) 30 September 2011
I also agree with Shri Shailesh Kr. Shah.
Guest (Expert) 30 September 2011
Dear Rupam,

It is not understood, actually what did you intend to comment on the question of Shri Soudararajan about being a Corporate lawyer? Do you want to say that he could not be called as a Corporate Layer without his enrollment as an advocate in any state's Bar Council, even if he preferred to be employed in legal department of any Corporate House?

The meaning of "lawyer" as per standard Law Dictionaries is, "one whose profession is to advise clients as to legal rights and obligations and to represent clients in legal proceedings."

But, if you see the Advocates Act, you can't find any definition for the term of "lawyer." The Advocates Act provides definition of the terms of only "advocate", "law graduate", "Legal practitioner" BUT NOT for the lawyer.

You may therefore like to elaborate, what actually did you want to convey through your message. Does that mean even the law graduate employees of corporate houses have also to essentially register themselves with the Bar councils by any provision of the Advocates Act or Rules?
Soundararajan (Querist) 30 September 2011
Thank you to each of you who have given positive responses. I find this a great forum that can really help each other.
Sincerely
Rajan
Guest (Expert) 30 September 2011
Nice of you Mr. Rajan for appreciating the forum and advice tenderers.
Rupam Ghosh (Expert) 30 September 2011
Hello Dhingra sir & all,

thank you all for taking a note of my words. I have no further comments on this. I am myself clear about many things by discussing with you all, hope i have not offended anyone. :)
R.Ramachandran (Expert) 30 September 2011
Dear Mr. Soundararajan,
Even though you have gone through the entire discussion in this thread, still you have not thought it proper, to give clarification whether you are already enrolled and were practising as a Lawyer on Corporate matters or you were only working in a Corporate world.

In fact what did you mean when you said: "Till date I have been a Corporate Lawyer".
Guest (Expert) 30 September 2011
Dear Rupam.

Doesn't matter. I never felt offended. I just wanted to get your views clarified a bit in view of the position with reference to the Advocates Act.


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