Differences in professionalist
8 months ago
Hi, I am a working employee in a private company which is the only source of living of my family. Even in my service period, i have completed LL B degree and want to registration in State Bar Council to start a part time or back office work. As per Advocate act, I have to resigned from my job before registering myself into Bar Council. But I can't left my job as it is only source of income for my family. My quarries are given below : Q1 : Please suggest my if there is any possibility get registered in State Bar Council within my present Job.? Q2 : I do respect Law and do believe that it shouldn't be such boundation. Mostly in every profession like Doctors and CA can registered themself in their respective associations and even engaged in any company or hospital as a employee. Q3 : If those professionalist can do why not a Law graduate can registered themself and use the name of Advocate.? Q4 : A Doctor & A CA can use the logo of Dr & CA in their car & Offices even after engaged in employment, but a Lawyer can't use the same as he can't registered in BCI or SBC because of his employment. How can it be justified.? Q5 : I have given my 3 valuable years of time to study Law and becomes Law Graduate but why can't i use a logo of advocate in my car or Offices. ? Please help me out.
My answers are as follows:
Q1: Please suggest my if there is any possibility get registered in State Bar Council within my present Job.?
Ans: If your present job is only part time then you can practice as an Advocate but you should not disclose your present job to anybody because unnecessary complaints may be lodged against you.
Q2 : I do respect Law and do believe that it shouldn't be such boundation. Mostly in every profession like Doctors and CA can registered themself in their respective associations and even engaged in any company or hospital as a employee.
Ans: You cannot argue with the contents of enactments but you can take benefits out of it.
Q3: If those professionalist can do why not a Law graduate can registered themself and use the name of Advocate.?
Ans: You cannot argue with the contents of enactments but you can take benefits out of it.
Q4: A Doctor & A CA can use the logo of Dr & CA in their car & Offices even after engaged in employment, but a Lawyer can't use the same as he can't registered in BCI or SBC because of his employment. How can it be justified.?
Ans: You have to represent to the Bar Council of India and such matters already decided and put to rest for ever. It is debatable subject.
Q5: I have given my 3 valuable years of time to study Law and becomes Law Graduate but why can't i use a logo of advocate in my car or Offices. ? Please help me out.
Ans: Using LLB at the end of your name itself goes to show that your legally entitled for practice.
Rule 47 of Bar Council Of India Rules, provides 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 49 of the Bar Council of India Rules, 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.