T. Kalaiselvan, Advocate (Advocate) 29 November 2023
If you had surrendered your license at the time of joining the employment as a law officer, then you can seek for continuation of your license on retirement/resignation of your job.
You cannot practise law while your employed.
Sanskriti Tiwari 29 November 2023
In Karnataka, if you've been away from legal practice for some time and wish to resume, you'll need to file for the continuation of practice as an advocate. According to the Bar Council of India Rules, 1975, Rule 11 specifies the procedure for such situations.
You need to submit an application to the Bar Council of Karnataka for the continuation of your practice, explaining your absence and providing details of your previous practice and subsequent role as a law officer. This application typically includes your enrollment details, reasons for the break in practice, and your intention to resume legal practice.
While there isn't a specific provision regarding the time duration for which an advocate can remain absent before applying for continuation, the Bar Council usually assesses each case individually. It's essential to provide a valid reason for the break and demonstrate a commitment to returning to legal practice.
Case laws might not provide direct guidance in this matter, as they often revolve around disciplinary actions or enrollment-related issues. However, courts generally support an advocate's right to resume practice after a period of absence, provided they comply with the Bar Council's requirements and show a genuine intention to practice law again.
Consulting with a legal professional or reaching out directly to the Bar Council of Karnataka would be advisable for precise guidance and assistance tailored to your situation. They can provide specific procedural details and any recent updates in the rules or requirements for the continuation of practice.
Dr. J C Vashista (Advocate and Legal Consultant) 29 November 2023
Approach Karnataka Bar Council with records of leaving your job and previous enrolment (which might have been suspended after joining job as Law Officer) to issue necessary permission to restore your practice as an Advocate.