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M S Krishnamohan (Retired)     27 November 2013

Advocate without bar council membership

Sirs, a colleague of mine is law graduate (LL B). He is not a member of Bar Council. Whether, he could undertake consultation, drafting of documents, scrutiny of land documents and issue scrutiny reports, etc? OR a membership with Bar Council/Practicing Certificate is a must for undertaking any work relating to the above aspects?



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 2 Replies

Arpit lalan (Legal Consultancy/Advocate)     28 November 2013

Dear M S Krishnamohan,

                                   Firstly, which Bar council is he under. Also, clarification required is that does he have the Sanad? If yes, then is he currently working in a legal capacity in a pvt ltd? if not then did he give up his Sanad? the reason for the above questions is because the answer will depend on your replies. Also, do keep in mind that as per the Advocates Act, 1961 - if one is employed after obtaining the Sanad, in another field other than legal, which means his designation and profile of job is not legal work at all, then he needs to remove his name from the list of practicing advocates from the particular Bar Council. He can be employed under the payrol in a pvt ltd and be a legal officer (as an example purpose only) and retain the Sanad.

Arpit lalan (Legal Consultancy/Advocate)     28 November 2013

Firstly, which Bar council is he under. Also, clarification required is that does he have the Sanad? If yes, then is he currently working in a legal capacity in a pvt ltd? if not then did he give up his Sanad? the reason for the above questions is because the answer will depend on your replies. Also, do keep in mind that as per the Advocates Act, 1961 - if one is employed after obtaining the Sanad, in another field other than legal, which means his designation and profile of job is not legal work at all, then he needs to remove his name from the list of practicing advocates from the particular Bar Council. He can be employed under the payrol in a pvt ltd and be a legal officer (as an example purpose only) and retain the Sanad.

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