Professional Ethics - appearance n court by inhouse counsel
Pradeep
(Querist) 13 November 2009
This query is : Resolved
What are the functions of an in house counsel in a company ?
is he eligible to practice law or appear before a court on behalf of his company ?
if yes, since they are on the payroll of the compnay, isn't it a violation of bar council regulations ?
Please answer this query only if you have actual Law firm/inhouse corporate experience. Please also quote authorities while replying.
adv. rajeev ( rajoo )
(Expert) 13 November 2009
In house counel of company is an employee of company he cannot represent the company in the court, his duty is to advise the company in a legal matters.
If he is appointed as a panel advocate for the company then he can represent the company in the court. For this he will get the fees not a salary.
if he is an employee of the company and representing the company in the court then it amounts violation of bar council regulations, it is against the professional legal ethics.
Raj Kumar Makkad
(Expert) 13 November 2009
I agree with the opinion of Rajeev and want to further add that if such person appear as if the representatives of the companies not being an advocate by producing authority letters then it is ok and they do no violate any of the rule. I have practical personal experience in thsi regard.
