Y.SARATH BABU (ADVOCATE) 02 September 2009

practice as advocate

Hai to all members,

I am an advocate enrolled as advocate in august, 2002 after that in the year 2006 i am joined as legal officer in a company. please give me suggesion on that can i handle company's cases in the court as advocate.

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13 Replies

saumit joshi (advocate) 02 September 2009

No you cant handle case in the court as a advocate.

(Guest)

dear you join some senior advocate and take guidance with him

SALA SATEESH (lawyer) 02 September 2009

Dear sarath,

Handle in sense whether you mean appearing for theparties in the court then you can't as per the advocate act, 1963

and also it comes under the professional misconduct.

Better to suspend the enrolment if you are employed.

Trusting it clarified well.

Regards,

S.Sateesh

CA Hemant sharma (CA) 02 September 2009

ya opinion of sateesh is very ryt..

bt i want to say further that.. if mr babu joins company as legal officer but shows in agreement himself on retainership or say company hier him as an consultant.. then he is eligible to represent his client company in courts... other wise continuing enrollement for an advocate is misconduct..

CA Hemant sharma (CA) 02 September 2009

so mr babu now if u want to represent ur company in courts first u draft agreement accordingly between u and company.. that is in interest of both u and company..

Sarvesh Kumar Sharma Advocate (Advocacy) 03 September 2009

where there is a will there is a way.

go ahed good luck.

PJANARDHANA REDDY (ADVOCATE & DIRECTOR) 07 September 2009

DEAR ,

ADVOCATE ACT 1963, DOESNT PERMIT U TO PRACTICE AS ADVOCATE WHEN U R AN EMPLOYEE OF A COMPANY, U IMMEDIATELY SUSPEND UR BAR MEMBERSHIP WHEN EVER U COME OUT FROM JOB U CAN AGAIN REQUEST FOR THE REENROLL AND PRACTICE , PL FOLLOW PROFF ETHICS...PJREDDY 9985133699 ponaka2008@gmail.com

Mrs. Hetal Sunil Shah (Advocate) 09 September 2009

P. Reddy is right - pl follow him.

abhijit (legal ) 11 September 2009

My query is , which section of the Advocates Act 1961 does not permit an enrolled memeber of the bar to practice other occupation than law?

thanks.

A V Vishal (Advocate) 12 September 2009

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.

Nothing in this rule shall apply to a Law Officer of the Central Government of a State or of any Public Corporation or body constituted by statute who is entitled to be enrolled under the rules of his State Bar Council made under Section 28 (2) (d) read with Section 24 (1) (e) of the Act despite his being a full time salaried employee.

Law Officer for the purpose of these Rules means a person who is so designated by the terms of his appointment and who, by the said terms, is required to act and/or plead in Courts on behalf of his employer.

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.

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abhijit (legal ) 12 September 2009

Thanks Mr Vishal for this reference.

Rahul (Law student) 17 October 2009

I am a law student and will graduate next year. I want to practice in the AP high court as an advocate, under a senior lawyer. But then I want to join a law firm in Hyderabad. When I join the law firm, will I have to suspend my license? I am a little confused. Since law firms only practice law, shouldn't I be able to represent my clients in court? If law firm lawyers are not allowed in court, then the only lawyers allowed in court will be self-employed lawyers right? Please clear my confusion if you can.

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PJANARDHANA REDDY (ADVOCATE & DIRECTOR) 17 October 2009

PLEASE MEET OR CALL ME