N.K.Assumi (Advocate) 10 February 2009

Can Advocate be full time salaried employee?

Employment of advocates as Prosecutors etc varies from State to state. In some state they are engaged on retaning basis, where as in some state they are appointed through State public Commission and on selection they are employeed on regular basis as Government servants.Issue is whether by taking up such Government servant post the Prosecutors are automatically segreted from the Advocate or they are deem to be advocate inspite of the Rules framed under the advocates Act of 1961?

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8 Replies

Manish Singh (Advocate) 11 February 2009

Dear Sir,

advocates act provides excption to the rule not to be full salaried employee to public prosecutors and alike.

Manish Singh (Advocate) 11 February 2009

Dear Sir,

advocates act provides excption to the rule not to be full salaried employee, to public prosecutors and alike.

N.K.Assumi (Advocate) 11 February 2009

Dear Manishji, can you provide me that rule of exception, I will be grateful.

N.K.Assumi (Advocate) 11 February 2009

What about full time law teachers? have you read the case of Annes Ahmed vs University of Delhi, AIR 2002 AIR 2002 Delhi 440?

N.K.Assumi (Advocate) 11 February 2009

Dear Manishji, please refer to the case of Akhilesh kumar Misra vs High Court of judicature at Allahabad, AIR 1995 All 147 . I am not having that ruling but it appears that the matter had been fully discussed in that case.

Shree. ( Advocate.) 11 February 2009

Dear Assumi Sir,

A legal practitioner, while he is on the rolls of a high court, is not entitled to enter into any business or service without permission of the court. If he does, disciplinary action may be taken against such person.

There are however a few exceptions to this rule:

An advocate while practising is permitted to take up the teaching of law in any educational institution which is affiliated to a university. However, the hours during which he is engaged in teaching law should not exceed three hours in a day.

An advocate may be director or chairman of the board of directors of a company with or without any ordinary sitting fee, provided none of his duties are of an executive character. However an advocate cannot be a managing director or a secretary of any company.

An advocate may be a sleeping partner in a firm doing business provided the state bar council is satisfied that the nature of business is not inconsistent with the dignity of the profession.

An advocate may review Parliamentary Bills for a remuneration, edit legal books at a salary, do 'press-vetting' for newspaper, coach pupils for legal examinations, set and examine question papers, and, subject to the rules against advertising and full-time employment, may engage in broadcasting and journalism.

An advocate who has inherited or succeeded by survivorship to a family business may continue to hold a share with others, provided he does not personally participate in the management.

According to a rule made under the Advocates Act, 1961 law officers of the central or state government or of any public corporation or body constituted by statute are entitled to be enrolled under the rules of the state bar council, despite being a full time salaried employee.

In case an advocate takes up full time employment, he must inform the bar council on whose roll his name is entered and must cease to practise as an advocate for the duration of his employment. In case an advocate wants to take up part time work, he may do so with the consent of the state bar council, which must be satisfied that such work will not conflict with his professional work, and is not inconsistant with the dignity of the profession.

Link: https://www.indlawnews.com/display.aspx?8d268256-addd-4d48-86ad-b4a099dc2636/

Mr. Kiran Sawale (advocate) 16 March 2010

Dear Sir,

Whether Advocate can be appointed as full time employee on retainer basis, functioning as an Advocate for employer’s clients to represent in various courts on fixed monthly remuneration?

if yes please provide the legal provisions.