Can a person while working as a attorney associate can enroll himself under Delhi state bar council, can he register himself ?
What if he has already filled the form..... What should be his next step to safeguard himself ?
Respected Ma'am,
No, a person working for a firm or somewhere else cannot register himself or herself under Bar Council of India or any other State Bar Council of India.
There are certain restrictions provided for advocates regarding employment at other places.
The Hon’ble Supreme court in the case of, Dr. Haniraj L. Chulani vs. Bar Council of Maharashtra & Goa, while dealing with the validity of Rule 1 of the Maharashtra and Goa Bar Council Rules relating to enrolment of Advocates eligibility conditions, in paragraph 20 has observed that `legal profession requires full time attention and would not countenance an Advocate riding two horses or more at a time'.
The Bar Council has also made specific rules concerning putting restriction on other jobs or employments taken by the Advocates
Bar Council of India Rules:
Rules 47 to 52 of Section VII of the said rules deals with restrictions on other employments. This restriction is considered as a general etiquette on the part of lawyers as the profession of law is a noble profession and requires full time dedication.
Rule 47 says that: 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.Under Rule 48 :it makes it very clear that an advocate may be Director or Chairman of the Board of Directors of a company with or without any ordinarily sitting fee, provided none of his duties are of an executive character. An advocate shall not be a Managing Director or a Secretary of any company. If the functions of the advocate as a member of the Board of Directors is in case executive in nature, then that action would be against rule 48. An advocate cannot run any business personally and earn a profit. Rule 47 strictly prohibits that.
Rule 49 says that an advocate shall not be a full-time employee of any person, Government, firm, corporation or concern and on taking up such employment, shall intimate such fact to the Bar Council concerned and shall cease to practise as long as he is in such employment.
Rule 51 permits the lecturing and teaching subjects, both legal and non-legal. However, this right is subject to the Advocates (Right to take up Law teaching) rules, 1979. According to Rule 3 of the said rules an advocate may, while practicing, take up teaching of law in any educational institution which is affiliated to a University within the meaning of the University Grants Commission Act, 1956 (3 of 1956), so long as the hours during which he is so engaged in the teaching of law do not exceed three hours in a day. When any advocate is employed in any such educational institution for the teaching of law, such employment shall, if the hours during which he is so engaged in the teaching of law do not exceed three hours, be deemed, for the purposes of the Act and the rules made there under, to be a part-time employment irrespective of the manner in which such employment is described or the remuneration receivable (whether by way of a fixed amount or on the basis of any time scale of pay or in any other manner) by the advocate for such employment.
Rule 52 states that nothing in these rules shall prevent an advocate from accepting after obtaining the consent of the State Bar Council, part-time employment provided that in the opinion of the State Bar Council, the nature of the employment does not conflict with his professional work and is not inconsistent with the dignity of the profession. This rule shall be subject to such directives if any as may be issued by the Bar Council India from time to time. Teaching of law for not more than three hours a day is considered as a part-time employment.
I hope I was able to help you with your query.
Regards
Arpita Chauhan
