Can any Advocate work in private company and also work as an Advocate in Court ?
Querist :
Anonymous
(Querist) 08 July 2011
This query is : Resolved
I would like to know, whether any Advocate working as a Lawyer in court can also do job in any private company, which is not related to Law ?
R.Ramachandran
(Expert) 08 July 2011
While he can attend to the legal needs of the private company in his capacity as an Advocate, he cannot be an employee of that company. The moment, he is an "employee", then Bar Council of India Rules prohibits him from practising as an "Advocate".
When you say he is doing "job" in a private company, you have to be very careful that whether he is doing it as a professional or as an employee. There is a vast difference between the two. You cannot jump to conclusions.
PALNITKAR V.V.
(Expert) 08 July 2011
Mr. Ramchandran is right. if the job is in the nature of employment and the relation is that of the employer and the employee, then he can not practice as an Advocate.
Legal Eagle
(Expert) 08 July 2011
Mr. Ramchandranji, what happens in case that person is working as a legal officer or legal manager,who is on the pay roll of the company and profession tax is being deducted from his / her salary?Would such a person be allowed to practise??
yogesh
(Expert) 08 July 2011
IF CONCERNED WITH RULKES THEN EVEN YOU ARE DOING LEGAL WORK AS AN EMPLOYEE THEN ITS GAINST RULES I Think some relaxation has givento law officers otherwise whenever there is recruitment for the post of Advisor/ secretary (law) its prerequisite that candidate must have been standing of Dist Judge with 10 years experience
From all conclusion its better to shift towards legal job as Manager(legal) etc . I think BCI only allows law officer for enrolment not for pvt undertaking I suppose(?) . there is complexity
DEFENSE ADVOCATE.-firmaction@g
(Expert) 08 July 2011
No person who is employed else where can be taken as member of bar council and hence no right to practice.
R.Ramachandran
(Expert) 08 July 2011
Dear Kashmira,
You yourself are an Advocate. You very well know the conditions in the Advocates Act as well as the BCI Rules. Even at the time of enrolment there is a column where you have to indicate whether you are in any employment? If you are in employment, then the enrolment will be denied.
In the example given by you, you say the person is in the pay roll of the establishment. Once a person is in a pay roll of any establishment, it proves that thereis employer-employee relationship. Therefore that person cannot practice as an "Advocate". It is another matter if that person practices as "Advocate" by concealing the real position of his employment. If any one comes to know and make a complaint to the State Bar Council, naturally that person will be in trouble.
S. Bharath
(Expert) 08 July 2011
I think Kashmira is misled by the nomenclature "profession tax", and tends to believe that when "profession tax" is deducted, such a person may be allowed to practice. The terminology "profession tax" is loosely used to indicate the levy, namely "tax on trade, profession and calling". It is to be deducted even from salaried employees including government servants.
