Sanad surrender
Ravindra M. Mandale
(Querist) 16 June 2013
This query is : Resolved
I enrolled with bar council and get sanad (certificate of practice) in 2006. But now due to my personal problem i join a accountant job with a CA firm. I want to suspend my sanad temporarily. Whether it is possible to get sanad re-active in future if i want to practice in court. Please suggest the procedure.
M.Sheik Mohammed Ali
(Expert) 16 June 2013
you writtenly submit your non practising as
on to your bar association, when you will get interest to practice than you will revoke the susbesion letter.
M V Gupta
(Expert) 16 June 2013
You have to report to the Bar Council in writing that u have temporarily suspended practicing as Advocate and that you have joined service with CA firm as an employee. Whenever you decide to quit ur job, and resume practice u will have to request the Bar Council to reactivate ur sanad. While reactivating u will have to submit ur original enrollment certificate for necessary endorsement.
Anirudh
(Expert) 17 June 2013
As per the provisions, one is expected to surrender the Sanad by writing to the Bar Council of the State in which you got enrolled.
However, in normal practice, nobody surrenders the Sanad. So long as they do not practice as an Advocate (while taking up employment as Accountant, Company Secretary etc.), people do not surrender.
Again as and when they leave the employment (Accountant etc.) they start practising as Advocate without any difficulty.
You can decide for yourself, what you want to do.
M V Gupta
(Expert) 17 June 2013
It is not advisable to follow the normal practice referred to by Shri Anirudh. This is in total violation of the obligations of an enrolled Advocate and may tantamount to misconduct and may lead to disciplinary action by the Bar Council. However the surrender of sanad can be avoided if the querist is retained by the CA Firm as their Legal Counsel and the monthly remuneration is treated as retainership fees.
