Restrictions on Advocate
J. P. Shah
(Querist) 18 November 2010
This query is : Resolved
I would like to know what business or profession an advocate with sanad cannot engage in. Can he be authorised auditor under coop society act or public trust act or income tax consultant etc and also continue to hold sanad.
Kiran Kumar
(Expert) 18 November 2010
just go through the Advocate's Act, 1961 to know the details.
R.Ramachandran
(Expert) 19 November 2010
Dear Mr. Shah,
Once holding a sanad as an 'Advocate' he can function only as an advocate and not in any other profession. Thus, he cannot function as an auditor (Chartered Accountant). But he can act as a Tax Consultant (since the Advocate are entitled to specialise in tax matters and call themselves as Tax Consultants) but he cannot sign any papers as a Chartered Accountant.
J. P. Shah
(Querist) 19 November 2010
Thanks. He is not a chartered accountant, but only authorised auditor for coop societies and public or private trusts.
s.subramanian
(Expert) 20 November 2010
I agree with mr.Ramachandran.
bhagwant
(Expert) 23 November 2010
Thir query may guide no. of others like me who r willing to do some other part time jobes or bussines
R.Ramachandran
(Expert) 23 November 2010
An Advocate cannot do any other part time job / business.
Parthasarathi Loganathan
(Expert) 23 November 2010
But the ground reality is, many of our learned friends are wholeheartedly engaged in other remunarative businesses like Real Estate, Politics, Panelship, etc using the tag as "Advocates". At the same time they profess to other law graduates to exclusively stick on law practice quoting Regulations imposed by Advocates' Act and Bar Council. This situation can never be avoided at any point of time.
R.Ramachandran
(Expert) 23 November 2010
Dear Mr. Partha,
You will appreciate that I only pointed out the provision. If somebody else is risking their Advocacy by indulging in any of the non-permissible activities I cannot help it. Such persons are indulging in their activities besides 'Advocacy' because others who are in the know of things have not complained to the Bar Councils. Everyone need not be so lucky.
I only say that if there is RED Signal one has to stop. The fact that in relality many persons jolly well cross the RED Lights with impunity will not make my answer wrong.
Parthasarathi Loganathan
(Expert) 23 November 2010
I am with you Mr.Ramu. The true sanctity values of Advocacy should be preserved and protected at any cost.
J. P. Shah
(Querist) 13 December 2010
Thank you all for guidance.
