Law Counselling Offices
Parthasarathi Loganathan
(Querist) 10 December 2010
This query is : Resolved
Of late, many law graduates are involved in rendering services establishing office and involve in legal counselling matters. For name sake, name of a licensed advocate is used with the latter's consent and fees paid.
1. Is it permitted by BCI?
2. What are the limited activities that these law graduates could involved in rendering legal advices?
3. What are the specific law related activities that these professionals can offer to general public by charging fees?
4. Can they legally establish Law Counselling Centres without enrollment in Bar Council?
However, they are involved in only Back-end tasks as they cannot appear in courts on behalf of clients due to their non-enrollment for various reasons. Please advise for the benefit of many.
Advocate. Arunagiri
(Expert) 10 December 2010
They are not appearing before the courts - They are not claiming themselves as an advocates - Not an illegal act.
For preliminary works the advocates need not do it in person. They can engage any body. These law students are learning as well as assisting the Advocate. All their acts are done under the umbrella of an advocate. No illegality.
N.K.Assumi
(Expert) 11 December 2010
The Bar Council of India, pursuant to its functions mentioned under Section 7(1)(b)15 of the Advocates Act read with its powers to make rules under Section 49(1)(c)16 has framed Rule 36 of the Bar Council of India Rules under Section IV (Duty to Colleagues) of Chapter II (Standards of Professional Conduct and Etiquette) of Part IV (Rules Governing Advocates).
Rule 36 reads as under:
“An advocate shall not solicit work or advertise, either directly or indirectly, whether by circulars, advertisements, touts, personal communications, interviews not warranted by personal relations, furnishing or inspiring newspaper comments or producing his photographs to be published in connection with cases in which he has been engaged or concerned. His sign-board or name-plate should be of a reasonable size. The sign-board or name-plate or stationery should not indicate that he is or has been President or Member of a Bar Council or of any Association or that he has been associated with any person or organization or with any particular cause or matter or that he specializes in any particular type of worker or that he has been a Judge or an Advocate General.”
Parthasarathi Loganathan
(Querist) 11 December 2010
Will the same yardstick apply to law practitioners who render free legal counselling for the benefit of society? Will forums like LCI come under the ambit of said sections of Advocates' Act and BCI Regulations? Experts to elaborate.
N.K.Assumi
(Expert) 11 December 2010
There is a difference between soliciting works through touts etc and rendering legal services in general interest of the people by lawyers through our the country.
Uma parameswaran
(Expert) 11 December 2010
As per my view
1.Only enrolled Advocates comes under BCI and not all Law graduates.
2.No limit or unlimit.Generally all professional needs legal validity to do their work.For Eg.Electricians need license.
3. Not yet confirmed
4. if counseling centres are registered and have capacity to do ,then may establish by themselves..
Sri Vijayan.A
(Expert) 11 December 2010
BCI or Advocate Act has no jurisdiction or control over the lawyers who has not enrolled with the BCI.
There is no specific law governing the legal consultants.
If your service rules and code of conduct permits, the author can render consultancy services.
H.M.Patnaik
(Expert) 12 December 2010
1) BCI is a council of Advocates who are enrolled under it. People who are not enrolled under the council rules and so far as donot misrepresent their personam as members of the Council, in my opinion require no permission .
2)The Law graduates are like any indian citizen free to take up any vocation in which they have acquired specialised knowledge .
3)My reply to Q.2 answers this partially and so far as the customer seeking the service agrees to pay , there can not be
any resriction.
4)Setting up of Legal counselling centers
by these Law Graduates are fine if they have obtained regn. of their establishment .However, they can not legally provide any litigation assistance
without being member(S)of BCI.
Parthasarathi Loganathan
(Querist) 12 December 2010
Thanks for the specific clarifications made by Shri Vijayanji and Patnaikji.
