Tanuj Agrawal (CA) 14 June 2011

Simultaneous Practice as CA and Advocate

ICAI has allowed CA in practice to practice as an Advocate as well. Whether there is any restriction from the Bar Council to disallow CA in practice to simultaneously practice as an Advocate. If yes, under which provision / rule? Kindly clarify.

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3 Replies

pratik (self working) 14 June 2011

sir can i have the cicrular or notification issued by the ICAI which say that simultaneous Practice as CA & Adocate is possible.

Thanks.

SANJEEV KUMAR (STUDENT) 01 October 2011

Originally posted by :Tanuj Agrawal
"	ICAI has allowed CA in practice to practice as an Advocate as well. Whether there is any restriction from the Bar Council to disallow CA in practice to simultaneously practice as an Advocate. If yes, under which provision / rule? Kindly clarify.	"

@ Tanuj and Pratik

I have not come across any section/provision or rule in Advocate Act or BCI rule which prohibit practising CA from enrollment.

I request all member to give specific rule/section which prohibits practising CA from enrollment in BCI ( Please not vague answers please like Advocate act prohibits or can not do professions etc etc ..)

sanjeev

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 03 October 2011

29. Advocates to be the only recognised class of persons entitled to practice law.

Subject to the provisions of this Act and any rules made thereunder, there shall, as from the appointed day, be only one class of persons entitled to practise the profession of law, namely, advocates.

30. Right of advocates to practise.

Subject to provisions of this Act, every advocate whose name is entered in the ¹[State roll] shall be entitled as of right to practise throughout the territories to which this Act extends, -

(i) In all Courts including the Supreme Court;

(ii) Before any tribunal or person legally authorised to take evidence; and

(iii) Before any other authority or person before whom such advocate is by or under any law for the time being in force entitled to practice.

Comments

The professional duty includes the counseling to client, legal opinions, drafting, affidavits, pleading and participating in Law Conference, Pravin C. Shah v. K.A. Mohd. Ali, (2001) 8 SCC 650.