can a businessman practise law?
anitas
(Querist) 08 November 2009
This query is : Resolved
I am a final year student of law going to complete law shortly. I am already doing business as a proprietor and a managing director of a firm. In future can I represent the cases involved with my firm and also practise law for others. ?
PJANARDHANA REDDY
(Expert) 08 November 2009
NO,U CANOT DO BUSINESS OF ANY KIND, AFTER THE ENROLLMENT OF BAR OF UR STATE, GO THROUGH THE ADVOCATE ACT 1961, IT Is AN oFFENCE & crime
AEJAZ AHMED
(Expert) 08 November 2009
Dear Anitas,
Kindly go throgh the following site:
http://www.barcouncilofindia.org/disjuris/rules-standard-prof.php
In particular, Chapter - II Sections 47, 48, 49 & 50 of Standards of Professional Conduct and Etiquette :
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47.Section VII-Restriction on other Employments
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.
** The above second and third paras deleted in June, 2001 meeting vide Resolution No.65/2001.
Resolution No. 156/2001
"ESOLVED and further clarified that as Supreme Court has struck down the appearance by Law Officers in Court even on behalf of their employers the Judgement will operate in the case of all law officers. Even if they were allowed to appear on behalf of their employers all such Law Officers who are till now appearing on behalf of their employers shall not be allowed to appear as advocates. The State Bar Council should also ensure that those Law Officers who have been allowed to practise on behalf of their employers will cease to practise. It is made clear that those Law Officers who after joining services obtained enrolment by reason of the enabling provision cannot practise even on behalf their employers."
Resolution No. 113/2002
“RESOLVED that the Bar Council of India is of the view that if the said officer is a whole time employee drawing regular salary, he will not be entitled to be enrolled as an advocate. If the terms of employment show that he is not in full time employment he can be enrolled.â€
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.
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anitas
(Querist) 08 November 2009
Can I represent or fight the cases pertaining to my company if I am the chair person of the company or a sleeping partner.
AEJAZ AHMED
(Expert) 08 November 2009
" An advocate shall not personally engage in any business; but he may be a sleeping partner in a firm "
RASIK DAGLI
(Expert) 09 November 2009
As a businessman you can not practice law as an Advocate. However you can fight any litigation by or against your firm as a party-in-person in any court.
RASIK DAGLI
Advocate.
