Law Practice
Parthasarathi Loganathan
(Querist) 17 January 2010
This query is : Resolved
Being a full time employee of a PSU Bank and a law graduate, can I practice Law during week end holidays / Sundays giving legal advise and counseling to public since Advocate's Act is silent about this aspect? We seen Government Doctors practicing Medicine in their private clinics during the evening hours displaying their Name Board and Designation of their Government Posts? Please advise.
A V Vishal
(Expert) 17 January 2010
No Mr Parthasarathi, you cannot give legal advise but can conduct counselling. This is in wake of the recent SC decision as why Foreign firms cannot give legal advise. The court held that to give such advise it is necessary to be enrolled as an advocate under the Advocates Act and in your case you are employed elsewhere and barred from getting enrolled as an advocate. Hence you cannot take up practise.
Parthasarathi Loganathan
(Querist) 17 January 2010
Is it unfair when it comes to the question of exercise of Intellectual and Professional Prowess of a learned brother? Then how come the same is allowed for Government Doctors VIshal?
A V Vishal
(Expert) 17 January 2010
Under the rules governing the service of medical professionals, some states has allowed practise of doctors privately, yet in some states there is a bar on private practise by government doctors.
Parthasarathi Loganathan
(Querist) 17 January 2010
But why this disparity rendered to Law qualified professionals just because they happened to be employees of an organization? Is it not unfair ? Being lawyers irrespective of our employment obligations are we not entitled to serve the society through legal profession that too during the week end holidays? If we cannot practice our profession and gain expertise at the age of 40, are we expected to toil hard at the age of 60 (after retirement) due to the fact we were employees ? Please advise
A V Vishal
(Expert) 17 January 2010
You cannot travel in two boats at the same time.
Equity speaks of oppurtunities for all. Further, when you are professional you must be able to devote your time and energy towards it in order to justify your actions. There are others who depend on the profession for their livelihood. You have already a source of income, even though you may intend giving free legal advice and further if you are so passionate about law I suggest you to resign from your existing job and carry with the profession wholetime.
Kumar Thadhani
(Expert) 17 January 2010
CODE OF ETHIC for prasticing in legal profession cannot allows to carry on wholetimetime profession in law.
Parthasarathi Loganathan
(Querist) 17 January 2010
CODE OF ETHICS stipulate that unless or otherwise the lawyer is involved in Moral Turpitude matters, there is no bar in Practice of Law irrespective of his employment. Practice of multiple professions can in no way exhaust the Passion and Law Prowess of an individual.
Please correct me if I am wrong.
Arvind Singh Chauhan
(Expert) 17 January 2010
Sir not at all. In legal profession this bar is imposed because if the person is engaged in another profession he can not devote fully to his client's problem. Legal profession requires full devotion and free brain.
Parthasarathi Loganathan
(Querist) 17 January 2010
Full devotion and free brain is required for every profession which can be derived from Passion and Enjoyment of the jobs undertaken. A cricketer plays football and tennis not to gain expertise in the game but to gain physical fitness, mental relaxation and rejuvenated to achieve best results in his main sport. Segregation of professional tasks can be categorized into two, namely Jobs you undertake for stomach and jobs you involve for satisfaction of mind and soul. Once you get relaxed during week end by involving tasks of your passion, it always rejuvenates you to perform well and put your best stroke in your main profession. For which, there should never be a legal bar. That is why we see that many leading lawyers are eminent sportsmen, musicians, real estate business owners, politicians,social activists, etc. Aravind will concur with my point that these eminent lawyers are devoting their resources to the best of their abilities. Suitable amendments to the enactments governing law practice is the need of the hour and support my cause. My skills and prowess in law (being my childhood passion) should never be put to waste in my 40s and expect me to start law practice after my retirement from bank (at the age of 60). This is my prayer and I invite all our learned brothers to join this debate.
Raj Kumar Makkad
(Expert) 17 January 2010
How can you enjoy both at the same time under the garb of your greed?
Rules have been framed keeping in view all aspects. An advocate is required to confine full time to his practice and not to divert his attention towards other means of his livelihood as he is an officer of the court. So you cannot practice merely on sundays or holidays while doing full time job.
Parthasarathi Loganathan
(Querist) 18 January 2010
There is no question of any garb or greed. It is amount of passion attached to the profession. It is bonafide attempt to extend the services to the needy public and hence there is no question of claiming any social status or representative of court. Makkadji will surely agree to the fact that courts don't function of sundays or holidays and any employee status should never be a deterrent factor in the exercise professional skills.
