Contract basis employment by advocate
suresh phadkule
(Querist) 27 November 2011
This query is : Resolved
If an advocate just after enrolment (before he has accepted any brief) gets a contract basis employment for short period, say eleven months, is it necessary to get his enrolment suspended? He may leave the employment,or he may be terminated before the expiry of contract period.In that case, he will have to again approach to bar council for restoration of his sanad. If he fails to communicate to the bar council about his temporary employment, will bar council not be symphathetic towards him? After all bar council can only come to know about this if a complaint is made against him to it. Please consider this query and reply. Thanks Ld. experts.
adv. rajeev ( rajoo )
(Expert) 27 November 2011
If any complaint is lodged then only you will face a problem.
So many advocates are doing part time jobs, like lecturer etc.,
R.Ramachandran
(Expert) 28 November 2011
Dear Mr. Rajeev,
Advocate doing part time job of lecturership is permitted. The reverse, that a lecturer doing Advocacy is not permitted.
So you cannot compare that with the contract job entered into by an Advocate.
By not having got the Sanad suspended during the period of contract, and believing one will come to problem only when there is any complaint, one is running the risk and taking a chance.
Devajyoti Barman
(Expert) 28 November 2011
Yes honourary lectures are permissible but not as an employee of a concern.
Sailesh Kumar Shah
(Expert) 28 November 2011
@Shri Rajeev
Respected Sir,
For your kind perusal:-
Government of India Ministry of Law, Justice & Company Affairs, Department of Legal Affairs.
NOTIFICATION
G.S.R in exercise of the powers conferred by Section 49A of the Advocates Act, 1961 (25 of 1961), the Central Government hereby make the following rules, namely:-
1. Short title and commencement :
(1) These rules may be called the advocates (Right to take up
Law teaching) rules, 1979.
(2) They shall come into force on the date of their publication in
the Official Gazette.
2. Definitions
In these rules “Act’ means the Advocates Act, 1961 (25 of 1961).
3. Right of practising advocates to take up law teaching.
(1) Notwithstanding anything to the contrary contained in any rule made under the Act, an advocate may, while practising, take up teaching of law in any educational institution which is affiliated to a
University within the meaning of the University Grants Commission Act, 1956 (3 of 1956), so long as the hours during which he is so engaged in the teaching of law do not exceed three hours in a day.
(2) When any advocate is employed in any such educational institution for the teaching of law, such employment shall, if the hours during which he is so engaged in the teaching of law do not exceed three hours, be deemed, for the purposes of the Act and the rules made thereunder, to be a part-time employment irrespective of the manner in which such employment is described or the remuneration receivable (whether by way of a fixed amount or on the basis of any time scale of pay or in any other manner) by the advocate for such employment.
Sailesh Kumar Shah
(Expert) 28 November 2011
Given query is not fit to BCI's Rules. In my opinion, it is not advisable to do so.
Raj Kumar Makkad
(Expert) 28 November 2011
Ramachandran and Shah have perfectly replied to your query.
Guest
(Expert) 28 November 2011
Perfect advice by S/Shri Ramachandran and Shailesh Shah.
Guest
(Expert) 28 November 2011
i do agree with both supra ld. counsel.
Prakash Jethva
(Expert) 28 November 2011
Though employment is on contract basis but should be of part time nature i.e. requiring not more than 3 working hours a day irrespective of nature of employment and amount of remuneration.
Rajeev Kumar
(Expert) 28 November 2011
I do agree with our ld. Ramchandran sir and shah
Rajeev Kumar
(Expert) 28 November 2011
I do agree with our ld. Ramchandran sir and shah
RAJU O.F.,
(Expert) 28 November 2011
From the query, it is not clear the nature of his contract employment for a period about 11 months. If it is not for teaching in a law college,as a part-time job, it is advised to get his enrollment suspended during the said contract period.
Shonee Kapoor
(Expert) 28 November 2011
Strictly speaking, you should get your enrollment suspended.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Sailesh Kumar Shah
(Expert) 02 December 2011
@Mr.Prakash Jethva,
Please read notification carefully. Advocate can't engage in any employment.
M/s. Y-not legal services
(Expert) 28 November 2011
