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Non prctising lawyer sign a contract?

Querist : Anonymous (Querist) 26 April 2010 This query is : Resolved 
I have passed LLB 2 yrs back n since then was working for a company, training to be an inhouse lawyer. I havent applied for my sanad yet but can i sign an agreement which I have drafted for a client when both the parties agree to the terms n conditions?
bhagwat patil (Expert) 26 April 2010
You can sign as a writer not as advocate.
Raj Kumar Makkad (Expert) 26 April 2010
You can also sign as a witness but not as a lawyer/advocate till you get enrolled with any of the Bar Council of India.
Daksh (Expert) 26 April 2010
You may mention that the agreement has been drafted by (Your name & Signature).

God Bless

Daksh
Sachin Bhatia (Expert) 26 April 2010
You can not sign as a writer or as a witness but not as a lawyer.
Raj Kumar Makkad (Expert) 26 April 2010
Sachin! It seems that you have wrongly withdrawn his rights as a common citizen.
Akhilesh Kumar (Expert) 26 April 2010
See in the contract Act any one entered in to a contract except Who is not competent to contract.Mentione U/S 11 of the Act.

In your case presently you are not an Advocate as per Advocate Act, so you can not sign as an advocate, but if you are appointed inhouse lawyer then you can sign any document on behalf of your client if you are duly authorised by the company/client in this regard.
J K Agrawal (Expert) 27 April 2010
All my friends

I think even an advocate also can not sign commercial or fresh agreements on behalf of a client. He is authorised to do that if the party is with any legal conflict and the advocate is authorised to do so only to SATTLE THE DISPUTE and not to conduct clients day to day business.

There is no restriction in Contract act that any agreement should be signed by the party only.

If any body, what so ever he may be, enters into an agreement and the persons effected follow the agreement that agreement is between parties effected and is perfact in all respect however not signed by the parties.

Mr Akhilesh is clear on this issue.


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