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sriramabhaskar (jr.advocate)     24 May 2010

advise me

my brother also is an advocate he having 6 yers practiceing experience in the city i am having 4 yers experience. my question is that on 12/1/10 we both found an advirtizatement that wanted jr.advocates in a famous finance company. we gon for interwiew and my brother empanaled as an junor council in the company. to look up the matters in the court and fallowup the casess and fining petitions in the execution side. but ther was a sr. advocte thate his work  is fining suits . they not given any agreement.

my brother fixed monthly fee fixed by the company is 4500/- in execution they giving vakalat and crp32petitions.this work is not deregatary to the the professional work. but now company stating that we are giving retainer fee monthly you have to put signatures on salary slip and register. my brother taken four months retainer fee now he fearing and feeling mental tension that if it was come under miscondut of profession. how he will surviced by this situation because he having sun and dauthr also. please suggest and give suggstion urgent and need. 


 



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 4 Replies

Adv. Gulammayudin A. Gagdani (LEGAL ADVISOR)     24 May 2010

TRY TO SIGN AS NOT SALARY BUT AS SOME TYPE OF CONSULTATION FEES OR SOMETHING, ELSE THERE IS NO ISSUE IN SIGINING SALARY AND REGISTER,

BUT YOU NEED TO KEEP IT A SECRET AND IF POSSIBLE, TO SURVIVE WITHOUT COMPANY, TO LEAVE THE COMPANY, AS IT DOES NOT AMOUNT TO PROFESIONAL MISCONDUCT. BUT

THERE IS A PROVISION IN ADVOATES ACT THAT ONE SHOULD NOT PRACTICE IF HE GETS SALARY, BUT YOU CAN KEEP THIS THING SECRET, AND LEAVE THE CURRENT COMPANY, TO CONTINUE AS AN ADVOCATE. ELSE YOUR BROTHER HAVE TO TAKE SOME DECISION.

REGARDS,

Vijayarajan (Executive Director)     26 May 2010

I am afraid that Adv. Gulammayudin A has given an unethical advice. It is better to be ethical than to be 'practical'.

Adv. Gulammayudin A. Gagdani (LEGAL ADVISOR)     26 May 2010

well Mr. Vijayarajan if a company has done unethical things first and now as a rule advocate cannot have salary, or cannot receive anything as a salary if at all he cannot practise, i have already indicated if her brother can survive without that company, then it is better to pracise as an advocate.

any person of logical mind will not surreneder his license because some ideat company has cheated him, as he wanted to work as cunsultant and now for record of that company they say now you sign it as a salary.

kindly improve your tone, as you dont know basis on which advice is given and please also go through the meaning and act referred without having the knowledge of things how you can take any decision as whether the advice is ethical or not.

Adv. Gulammayudin A. Gagdani (LEGAL ADVISOR)     26 May 2010

 

 

Mr. Vijayarajan i have not any where given unethical advice i have said to take decision accordingly. and nowhere it was specified or adviced about being practical or ethical.
 
 

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