Lawyer as partner
Arul Kumar
(Querist) 31 May 2012
This query is : Resolved
Dear Experts,
Can a practicing laywer be partner of partnership firm (other than legal firm)?
Kindly provide me with informaton with appropriate provisions.
Thanking you,
Arul K
ajay sethi
(Expert) 31 May 2012
if partnership firm is carrying on business lawyer cnanot be a partner
Suhail A.Siddiqui
(Expert) 31 May 2012
A lawyer can not be partner in a business oriented partnership firm. Se Advocate Act.
PARDEEP KUMAR
(Expert) 01 June 2012
As per Indian Advocate Act,1961
NO
M V Gupta
(Expert) 01 June 2012
The Advocates Act does not contain any restriction. Learned experts may indicate which provision of the Act prohibits Advocates from becoming a Partner in a business or other professional bodies -reference to the specific provision would be much appreciated.
M V Gupta
(Expert) 02 June 2012
Hi Friends and co Experts,
After recording my view above, I have gone through the Rules framed by the Bar Council of India under Section 49(1)(c) of the Advocates Act. Rules 47 to 50 are relevant on the issue raised by the querist, which are reproduced below:
Section VII – Section on other Employments
47. An advocate shall not personally engage in any business; but he may be a sleeping
partner in a firm doing business provided that, in the opinion of the appropriate State Bar
Council, the nature of the business is not inconsistent with the dignity of the profession.
48. An advocate may be Director or Chairman of the Board of Directors of a company
with or without any ordinary sitting fee, providing none of his duties are of an executive
character. An advocate shall not be a Managing Director or a Secretary of any company.
49. An advocate shall not be a full-time salaried employee of any person, government,
firm, corporation or concern, so long as he continues to practice, and shall, on taking up any
employment, intimate the fact to the Bar Council on whose roll his name appears, and shall
thereupon cease to practice as an advocate so long as he continues in such employment.
50. An advocate who has inherited, or succeeded by survivorship to, a family business
may continue it, but may not personally participate in the management thereof. He may
continue to hold a share with others in any business which has descended to him by
survivorship or inheritance or by will, provided he dies not personally participate in the
management.
d below:
