Advocates act
Querist :
Anonymous
(Querist) 11 January 2012
This query is : Resolved
Dear Experts,
1) Advocates are not allowed freedom to advertise their profession. Is it not effecting their rights under Article 19(1)(a) and (g)?
2) Advocates are not allowed freedom to pursue another profession in addition to advocacy. Is it not effecting their rights under Article 19(1)(g). Those doing government service are not allowed another profession is understandable since State is providing sufficient salary and related service benefits. But advocates are not getting any such financial support from State. Every advocate is not doing roaring practice, and this restriction on additional profession is leading to succumb to various compromises, hardships, malpractices in many advocates.
If these restrictions are violative of Articles 19(1)(a) and (g), it is surprising why advocates have not taken up this matter in a strong manner?
Sailesh Kumar Shah
(Expert) 11 January 2012
Thanks a lot for concern with Advocate!!!!!!
All restrictions is reasonable and not to challenge.
However, why you sit silent. you can go to the H'ble Supreme court. No body will stop you.
In this forum, there is no need for such posting.
I strongly believe that you are also advocate.
I feel better, if you come with your name.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 11 January 2012
May be Shah is not affected but it is real problem.
AN ADVOCATE IS DOUBLE GRADUATE.
1) A corporator can identify any person for pancard , not an advocate.
2) A politically appointed Ex magistrate can testity true copies not an advocate.
3) A CA is PASS OUT OF just a private exam but he can certify memorandum for LLP and corporate bodies not an advocate.
4) A court clerk can verify AFFIDAVIT not an advocate.
THE LIST IS LONG, BUT THE WHOLE PROBLEM IS THAT ADVOCATES AS WHOLE DO NOT HAVE POWERFUL ORGANISATION.
Querist :
Anonymous
(Querist) 11 January 2012
I am surprised by reply of Advocate Shailesh Kr. Shah that he finds these restrictions reasonable. Restrictions on fundamental rights if at all needed have to be least restrictive and not maximum restrictive.
Sailesh Kumar Shah
(Expert) 11 January 2012
Dear Mr.JSDN,
Respected Sir,
Answer of question no1. and 2 is also apply pari passu on ca,cs,cost accountant also.
I have also agree on your point no 3. particularly. Moreover, advocate is not authorise by law to certification of form of the ROC.
Some day before, you have already informed us in this section that writ is pending regarding this.
Regards,
Raj Kumar Makkad
(Expert) 11 January 2012
I think this subject requires a long discussion among the lawyers of whole country. I do not think the author has raised any issue which is against the aims and objects of this site though I suggest him to post his query in forum section rather in this expert section so that wide range discussion on all pros and cons of the issue may be made and unbiased without targeting each other may be expressed freely.
Raj Kumar Makkad
(Expert) 11 January 2012
So far my views on the topic are concerned, I am of the view that there should be categories of 2 types among advocates and those should be registered accordingly. One who want to persue only law and shall confine to only this field and shall not be involved in any other profession. Such type of Advocates should be empowered to use maximum power which is entrusted to similarly situated other professional and second category can be of the advocates who shall not confine only to single profession. all present one restrictions can be continued against them.
This shall enhance the image of profession as well as advocates purely committed to the profession.
ajay sethi
(Expert) 11 January 2012
for your information a writ petition is pending in supreme court filed by a lawyer challneging Rule 36 of the Bar Council of India (BCI) Rules formulated under the Advocates Act of 1961 that bans advertising by lawyers.
it appears that govtas well as BCI has no objection to lawyers be permitted to advertise through their own websites and also be allowed to insert entries in online legal directories.
prabhakar singh
(Expert) 12 January 2012
post your query in forum section rather in this expert section .
Deepak Nair
(Expert) 12 January 2012
Yes. This is not a legal issue seeking expert advise.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 12 January 2012
This problem is related to me and you and all advocate brothers.Such discussion may give birth to pressure groups.
Many advocate friends are not aware that many from south have faced jail terms fighting for proper status to advocates.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 12 January 2012
This problem is related to me and you and all advocate brothers.Such discussion may give birth to pressure groups.
Many advocate friends are not aware that many from south have faced jail terms fighting for proper status to advocates.
