bar council of india
T.V.Ramana Rao
(Querist) 12 August 2009
This query is : Resolved
A person who is working either in private sector or in Govt. sector can enroll as an adocate to practice. To my best of knowledge, it is not posiible, but i would like to know whether my stand is correct or not
charudureja
(Expert) 12 August 2009
Yes ur right. a person who is working in pvtor govt sector cannot practice and enroll as an advocate.
Kiran Kumar
(Expert) 12 August 2009
i agree with Ms. Charu Dureja.
for details pls refer to Advocates Act 1961
A V Vishal
(Expert) 12 August 2009
I agree with thw views of the members on private employment of advocates on rolls however,I differ to the views of the learned members expressed on the matter of employment with the state or central government, as the case may be, unless the employment is inconsistent with the BCI rules under the Advocates Act.
Section VII-Restriction on other Employments
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.
G. ARAVINTHAN
(Expert) 13 August 2009
My friend Vishal is right. He extracted the relevant portion of the Act
A. A. JOSE
(Expert) 13 August 2009
While I generally endorse all views expressed hereinabove, I would invite kind attention of Mr.Vishal and other experts to a reported judgement of SC, (2001)2 SCC 365 - Saatish Kumar Sharma v/s. Bar Council of Himachal Pradesh relating to Law Officers of PSUs,etc., and request to deliberate further on this issue, so as to have more clarity on the subject.
A V Vishal
(Expert) 14 August 2009
Dear Jose,
I have gone thru the said judgement and prima facie the rule is clear that the job must not be inconsistent with the role of an advocate, I strongly support the view of the Hon'ble HC.
Sarvesh Kumar Sharma Advocate
(Expert) 12 August 2009
