Can an advocate do business in his name?
Which Section or the Law prohibits and advocate from doing so?
What action lies against such an advocate?
ashok kumar (Social Worker) 05 January 2013
Can an advocate do business in his name?
Which Section or the Law prohibits and advocate from doing so?
What action lies against such an advocate?
Kiran Kumar (Lawyer) 05 January 2013
Please refer to the Advocates Act for detailed knowledge.
Kumar Doab (FIN) 05 January 2013
As advised by Mr. Kiran Kumar go thru The Advocates Act and Bar Council Of India Rules.
You may also go thru an interesting publication at:
Wednesday, 17 November 2010
The Kerala bar council has suspended a lawyer for professional misconduct after “indulging in business activities apart from being an advocate”.
Lawyer and former IAS officer Alphons Kannanthanam had obtained a trademark as a proprietor of a “career coaching centre” while practising as a lawyer, reported The Hindu, for which the bar council’s disciplinary committee found him guilty of misconduct.
The committee held that he had “converted his proprietorship business to a private limited company and became the chairman of the company”, from which he was receiving Rs 25,000 a month as well as 15 per cent of the company’s revenues.
The committee said he should be debarred but should also be given an opportunity to stop his business within six months and continue practising as a lawyer if he desired to do so, reported The Hindu.
Update 17 November: The Kerala High Court has stayed the bar council's decision, according to a PTI report of 12 November, saying it was prima facie satisfied that the decision could not be sustained.
Valuable advice of learned experts/members is sought.
Kumar Doab (FIN) 05 January 2013
Attached stay order:
Advocate_K.J.Alphons_..._vs_Bar_Council_Of_Kerala,_..._on_3_November,_2010
Valuable advice of learned experts/members is sought.
ashok kumar (Social Worker) 05 January 2013
Kumar Doeb Sir!
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ashok kumar (Social Worker) 05 January 2013
Can anyone give some SC Rulings on this topic
Kumar Doab (FIN) 06 January 2013
https://www.indiankanoon.org/doc/77295/
https://www.indiankanoon.org/doc/681644/
Provisions of the Advocates Act
https://www.barcouncilofindia.org/wp-content/uploads/2010/05/Advocates-Act1961.pdf
Chapter II of the Bar Council of India Rules made under Section 49(1)(c) of the Advocates Act, 1961.
https://www.barcouncilofindia.org/about/professional-standards/rules-on-professional-standards/
If you still face any difficulty, send your email by PM.
ashok kumar (Social Worker) 06 January 2013
I am extremely confused about teh case law cited above n the matter of
1996 AIR 1708, 1996 SCC (3) 342
On teh first page of teh Judgement it is written
J U D G M E N T
S.B. Majmudar. J
Leave granted.
But when u go thru the entire Judgemnet we see that the leave was not granted!
Cananyone clarify!
ashok kumar (Social Worker) 07 January 2013
I am interested in some case laws wher a pracyising lawyer has been geld guilty due to his being engaged in other voctions!
KV (Consultant) 18 January 2013
What are the provisions for Advocates to be sleeping partners/directors in companies? I see so many senior Lawyers on boards of corporates, basically for their legal acumen. How do they manage this?
Secondly cant an Advocate invest money somewhere & reap the benefits thereof? In becoming an investor, he is not taking an active part in business. Its just like investing money in FD/MF etc.
ashok kumar (Social Worker) 19 January 2013
Dear KV
Bar Council of India has laid down Guidelines for teh lawyers doingbusiness as under
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.
MARU ADVOCATE (simple solutions for criminal legal problems -- yourpunch@gmail.com) 19 January 2013
Above provisions give lot of free space for any advocate to be involved in any business activity.
More ever who will take action since some body has to complain , take part in proceedings, bear expanses and give time since such matters may drag upto SUPREME COURT.
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