Query regarding advocate practice
akumar
(Querist) 05 March 2015
This query is : Resolved
Dear Sir,
I am an enrolled lawyer and working under a senior advocate. As you are aware its very difficult for junior lawyers to maintain their family due to low income at the starting stage. So, i am doing part time job in a company as well.
Can you please advise below:
1) Is it professional mis-conduct to indulge in another job alongwith advocate practice.
2) Will i face any problem if some one complaint against me that i am working in a firm alongwith my advocate practice.
3) If some one complaint against me in bar council then what will happen.
please advise.
I can neither leave my practice and nor my job due to financial problem. please advise.
Thanks & Best Regards,
Advocate Anuj
Dr J C Vashista
(Expert) 06 March 2015
1. Yes, it is misconduct.
Just read the provisions of Advocates Act 1961, you will come to know.
2. You cannot sail in two boats at one time, you will have to choose either of them.
3. Still premature and nothing can be predicted at this stage, wait and watch.
Best wishes.
P. Venu
(Expert) 06 March 2015
Misconduct connotes dishonesty. The part-time job you are engaged cannot qualify to be a regular employment to invite the allegation of misconduct.
ajay sethi
(Expert) 06 March 2015
dont be on the rolls of company . you can be retainer of the company
Rajendra K Goyal
(Expert) 06 March 2015
You can not be on roll of a company. You can be retainer / legal adviser.
R.K Nanda
(Expert) 06 March 2015
agree with experts.
akumar
(Querist) 06 March 2015
Thanks for the reply. if i get letter from my company for my appointment as retainer or legal advisor. then it is okay to work alongwith my practice.
Please advise.
Regards,
Anuj
Isaac Gabriel
(Expert) 06 March 2015
Avoid getting salary.The remuneration you receive should not illustrate that you are a regular employee of the firm.Mange as such till you find independent footing in the profession.Best of luck.
Akhil Dave
(Expert) 06 March 2015
My dear friend Akumar,
well advised but
find some way out not to be on payroll. retainer, on contract etc.
And, Are you really want to follow each and every rule & regulations at all the time???
Be a advocate to find ways. ...
T. Kalaiselvan, Advocate
(Expert) 08 March 2015
All the experts have very properly opined and suggested, nothing more to add.
