Legal practice
Guest
(Querist) 01 July 2014
This query is : Resolved
one of my friend is working as Assistant Professor in Management college and college has not given him any appointment letter.He only signs in attendance register and receives salary through vouches as cash in hand, which is consolidated salary.He is teaching Business law, labor law , taxation and Human resource management to MBA/BBA students.He is also enrolled as an advocate.
So can he practice and continue in job as part time also?
Devajyoti Barman
(Expert) 02 July 2014
Since it is regular job, he can not practise as advocate.
Rajendra K Goyal
(Expert) 02 July 2014
A person can not practice as an advocate simultaneously doing service.
Guest
(Querist) 02 July 2014
Many lawyers are teaching in professional colleges on part time basis and practicing in courts. In my case,my friend is not engaged full day, he only takes 2-3 lectures in a day a receives cash for those lectures only.
malipeddi jaggarao
(Expert) 02 July 2014
It is honorarium he can do so. If it is remuneration he can not. As the college has given any appointment and he is not on the pay rolls it can be treated as honorarium.
Sankaranarayanan
(Expert) 02 July 2014
well explanation given by sri Malipeddi Jaggarao, i do stand with him
RAJU O.F.,
(Expert) 02 July 2014
A practicing lawyer can also take classes on law subjects as a visiting faculty, on consolidated payments for the classes taken by him.
Dr J C Vashista
(Expert) 03 July 2014
If the Management College/Institute has not issued an appointment letter implies that the teacher is not on their pay-roll, which is further substantiated by the fact that the person (teacher) is being paid in cash where there is no mention in account books of either employer or employee. Therefore, he can simultaniously practice law and there is no bar as such. Many persons are engaged in such type of part-time/visiting faculty, there is no illegality.
T. Kalaiselvan, Advocate
(Expert) 04 July 2014
You have mentioned that he signs the attendance register maintained by the college administration, is it same register where other employees also sign their attendance? This will confirm that he is an employee of that institution. If he is only a part time lecture and receives the consolidated salary that too in cash, what is the necessity for signing in the attendance register?
