can advocate do job as an finance manager


sir,

 i am offered a job in evening shift of  a concern as manager(finance ). and they are offering me nice salary.

On the other hand I am also earning by being a retainer in some concerns.

I will like to remain as an advocate practicing due to future possibilities.

and somewhere i read that advocate can not do obs.

 It is making me confusing.

please make me clear and guide me how to balance it legally.

they are ready to make docs. as per my comfort.

thanx for sparing time for me

 
Reply   
 
Advocate

No, an advocate cannot take up private employment under the Advocates Act.

 
Reply   
 



as per my knowledge, the job should not be of legal nature. else one can do job.

i want to be cleared here that whether the job should be full time or part- time.

what if one is willing to appoint me as legal officer, can i take personal cases .

 
Reply   
 
Advocate

 Refer BCI rules:

 

Section VII-Restriction on other Employments

47. An advocate shall not personally engage in any business; but he

may be a sleeping partner in a firm doing business provided that in

the opinion of the appropriate State Bar Council, the nature of the

business is not inconsistent with the dignity of the profession.

48. An advocate may be Director or Chairman of the Board of

Directors of a Company with or without any ordinarily sitting fee,

provided none of his duties are of an executive character. An

advocate shall not be a Managing Director or a Secretary of any

Company.

49. An advocate shall not be a full-time salaried employee of any

person, government, firm, corporation or concern, so long as he

continues to practise, and shall, on taking up any such employment,

intimate the fact to the Bar Council on whose roll his name appears

and shall thereupon cease to practise as an advocate so long as he

continues in such employment.

*“That as Supreme Court has struck down the appearance by

Law Officers in Court even on behalf of their employers the

Judgement will operate in the case of all Law Officers. Even if they

were allowed to appear on behalf of their employers all such Law

Officers who are till now appearing on behalf of their employers

shall not be allowed to appear as advocates. The State Bar Council

should also ensure that those Law Officers who have been allowed to

practice on behalf of their employers will cease to practice. It is made

clear that those Law Officers who after joining services obtained

enrolment by reason of the enabling provision cannot practice even

on behalf their employers.”

* “That the Bar Council of India is of the view that if the said

officer is a whole time employee drawing regular salary, he will not

be entitled to be enrolled as an advocate. If the terms of employment

show that he is not in full time employment he can be enrolled.”

50. An advocate who has inherited, or succeeded by survivorship to

a family business may continue it, but may not personally participate

in the management thereof. He may continue to hold a share with

others in any business which has decended to him by survivorship or

inheritance or by will, provided he does not personally participate in

the management thereof.

51. An advocate may review Parliamentary Bills for a remuneration,

edit legal text books at a salary, do press-vetting for newspapers,

coach pupils for legal examination, set and examine question papers;

and subject to the rules against advertising and full-time

employment, engage in broadcasting, journalism, lecturing and

teaching subjects, both legal and non-legal.

52. Nothing in these rules shall prevent an advocate from accepting

after obtaining the consent of the State Bar Council, part-time

employment provided that in the opinion of the State Bar Council,

the nature of the employment does not conflict with his professional

work and is not inconsistent with the dignity of the profession. This

rule shall be subject to such directives if any as may be issued by the

Bar Council India from time to time. 

 
Reply   
 

what should i do for the situation, means what are the practical solution .


 

 
Reply   
 

Sc said that advocate can do part time job, spread light on the statement

 
Reply   
 
Advocate , Hyderabad

 

You need prior permission from State Bar Council

 As per Advocate act

u/s 52. Nothing in these rules shall prevent an advocate from accepting

after obtaining the consent of the State Bar Council, part-time

employment provided that in the opinion of the State Bar Council,

the nature of the employment does not conflict with his professional

work and is not inconsistent with the dignity of the profession. This

rule shall be subject to such directives if any as may be issued by the

Bar Council India from time to time.

 
Reply   
 
CEO

Take permission from  State Br council and take up job as Finnce Manager in  the evening shift.If you appreciate this  answer please click the thank you button on this forum.

 
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