Pradeep (Advocate) 12 October 2009

Legal Advice by Lawyers working with LPOs

Whether a lawyer employed by an LPO firm can give legal advice ? (Even if he has suspended his enrolment with the bar council)

Though a lawyer who's enrolment has been suspended, cannot practice law before a court, would he still be eligible to render legal advice ? I need law/regulation with regard to this.

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10 Replies

A V Vishal (Advocate) 12 October 2009

Yes a lawyer who is not an advocate can also give legal advises.

SURENDER KUMAR (TRAINEE (SERVICE TAX)) 12 October 2009

I have done the Law but not registered myself as advocate in any bar council. Is there any posibility for me to provide consultancy?

Can I get opportunity to work as Advocate in any private firm or office without taking registration with bar council?

Surender

Munshi ji ( kachehri ka munshi ) 12 October 2009

जिसका बार कोंसिल में नामांकन नही है वह केवल न्यायालय में बहस नही कर सकता, शेष सारे कार्य कर सकता है। बहुत से त्रिबुनल्स, जैसे लेबर कोर्ट , चकबंदी, एडमिनिस्ट्रेटिव ट्रिब्यूनल वगैरह में बह्स भी कर सकता है ।

Pradeep (Advocate) 03 November 2009

sir, can anybody quote any judgement of the supreme court or the regulations of Bar council of India in this regard ?

Santhosh MB (Advocate) 09 November 2009

Lawyers who have suspended their enrollment cannot give Legal Advice.

Under Bar Council of India rules

1. (xx) “Practice of law” means and includes

(a) practising before the Court, Tribunal, Authority, Regulator, Administrative Body or Officer and any Quasi Judicial and Administrative Body,

(b) giving legal advice either individually or from a law firm either orally or in writing,

(c) giving legal advice to any government, international body or representing any international dispute resolution bodies including International Court of Justice,

(d) engaged in Legal Drafting and participating in any Legal Proceedings and

(e) representing in Arbitration Proceedings or any other ADR approved by law.

Rule 49: An advocate shall not be a full-time salaried employee of any person, government, firm, corporation or concern, so long as he continues to practise, and shall, on taking up any such employment, intimate the fact to the Bar Council on whose roll his name appears and shall thereupon cease to practise as an advocate so long as he continues in such employment.

Under the Advocates Act, 1961

29. Advocates to be the only recognised class of persons entitled
to practice law.

Subject to the provisions of this Act and any rules made thereunder, there shall, as from the appointed day, be only one class of persons entitled to practise the profession of law, namely, advocates.

30. Right of advocates to practise.

Subject to the provisions of this Act, every advocate whose name is entered in the State roll shall be entitled as of right to practise throughout the territories to which this Act extends,--

(i) in all courts including the Supreme Court;
(ii) before any tribunal or person legally authorised to take evidence; and
(iii) before any other authority or person before whom such advocate is by or under any law for the time being in force entitled to practise. *19, 20

2 Like

G V S Jagannadha Rao (-) 13 November 2009

I appreciate the pains taken by brother Santosh in enlightening the issue with annotations.

Rajadiraja (Advocate/consultant ) 02 December 2009

I am 51 yrs of age, quit my bank hob and enrolled as an advocate in Bangalore-Karnataka Bar council after a long stint as a Bank manager. I am interested in joining an LPO or law firm in Bangalore. However, everyone prefers young guys. Will anyone help me suggest any firms in Bangalore with whom I can take off afresh.

Rajashekar.

SURENDER KUMAR (TRAINEE (SERVICE TAX)) 03 December 2009

You can try in Rangrajan Prabhakar S N Gupta & Co. at Bangalore. I dont have the complete address of the firm, but you can search on www.snguptaco.com

Concern person is Rajesh Narain Gupta. They are dealing in banking law.

Surender Kumar

+91 9310735358