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Raghav Arora   11 February 2020

Can a Lawyer start a business?

Can I as a lawyer open up a business or be a partner in a business or a company?

Can I be a part of an NGO as its founder?


Learning

 6 Replies


(Guest)

A Person who is enrolled as an Advocate as per Advocates Act, shall be disqualified to engage in any other buiness.However, you can do any other business by being removed from rolls of advocates.

Raghav Arora   11 February 2020

How good is the scrutiny in such cases? Do such lawyers find themselves under the radar? Face punishments?

 

1 Like

Adv Deepak Joshi +917017821512 (Advocate)     11 February 2020

I dnt think single person was punished for same

Joy Bose   11 February 2020

Hello,
The Bar Council of India clearly mentions on two-point why a lawyer cannot do any other business.

1. A lawyer cannot become a full-time salaried employee.
2. person carrying on any other business. 

Important provisions of Bar COuncil Rules include -

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.

Regards,

Joy Bose

NIKET KALE (CONSULTANT)     24 May 2022

Its not at all clear from above. I think mostly all ask asking.

CAN A LAWYER START HIS OWN (SELF PROPRIETORSHIP) LAW FIRM?

I dont think the Bar council's restrictions are about restricting him to start his own law firm? 

Please enlighten.
 

SoniaRajesh (Best Lawyer)     02 December 2022

In accordance with Rule 47. Advocacy is not a business. An advocate may be a sleeping partner in a firm and engage in business as determined by the State Bar Council, but the nature of the business cannot be inconsistent with the dignity of the profession. 


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