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Iqbal A. M. Shaikh (Advocate)     30 May 2010

Unauthorised Practice of Law

Stop Unauthorised practice of law by the Chartered Accountants and Other accounting professionals.  More and more accounting professionals are drafting and representing their clients in matters of drafting of contract, registration of firms and companies, registration of trusts and cooperative societies. 

Every developed nation recognises that drafting and representing a client before any quasi judicial authority is Practice of Law.  But in India we are being reduced to second grade as the bureaucracy are manipulating lawyers by limiting their fields to the extent of courts.

The Ministry of Company Affairs does not allow a lawyer to register a company and digital signatures of any of the accounting professional is mandatory.  A person who has learnt by distant education, may not hold a degree, does not have knowledge of practice of law yet based only on his experience drafts MoM and AoA and has sanctions to represent his client before ROC.


 11 Replies


Great Thought, All of us lawyers should unit and make a strong representation before the Ministry and if necessary bring an effort to codify what amounts of practise of law.  The Institutes of Chartered Accountants, Company Secretaries and Cost & Work Accountants does not recognize secretarial law taught as a part of law courses. E.g the course of LLM instituted by ICFAI. 


Swami Sadashiva Brahmendra Sar (Nil)     30 May 2010

I support your views.

Poonam Dubey (Lawyer)     30 May 2010

I too support the issue.  recently i experienced the same thing. The position of lawyers is really detoriating day by day. some effort needs to be made to increase the acedemic knowledge of lawyers in general and their position.

Kanaksinh P.Boda (Educationist/Lawyer)     30 May 2010

I have also come across many zerox centers arround quasi judicial offices advertising like'Affidavits , Agreements, Notary and other documents of Registratton undertaken here' and like 'Marriage Registration/Divorce work undertaken here' I think this is going on with hand in gloves with the support from insiders in administration  of such quasi judicial offices. This is happening right under the nose of legal fraternity who are moving through these streets regularly. There is a systematic approach to make lawyers disposible.

Amit Goel (Lawyer Delhi High Court)     30 May 2010

I also support, but the problem is that Our BAR LEADERS are neither concern about the status and quality of the lawyers nor they think about doing something for returning lost glory and prestige of the law profession, rather they had made the BAR the politics playground and are working in connivence/nexus of bureaucrats in erroding the powers of the courts just for petty favours and panels.  


I support for this cause. This is the right time to raise our voice otherwise the CAs are taking all most all the works and certification work through their lobby

m.kupparaju (Advocate)     02 June 2010

I too support Iqbal A.M.Shaikh's views.


i too support but every one must have leagal knowledge

P.K.Haridasan (Advocate)     04 June 2010

It is high time to stop over lap practice.  Not only chartered accountants, of  course they have knowledge and ability to do, but the retired government officers with manipulating abilities and access doing lawyers work . This will certainly tarnish the image of  legal profession. It is sure that a lawyer will not get files as easily as a retired official  can manage from government office. 

Dhiraj Alagdeve (Advocate)     07 June 2010

I do agree with the comments as stated . It is really going to be a worse situation in the forthcoming years and every unit must come together to fight with such malpractices.Lets hope some good to happen in the next forthcoming years. 

Sushil Kumar Bhatia (Advocate)     07 June 2010

Only an advocate on roll can practice of law other than advocate is absolutely unauthorized person .I do agree

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