advocate start trust
8 months ago
I am an advocate now we want to start consulting service with my friends. we are register Trust my question is can i join one of the trust member or not because i am enrolled advocate pls conform. if suppose i am joint trust member any problem arise my future?
A.Dear Client,
Your query may be addressed by referring to the Bar Council of India Rules as under -
RULES GOVERNING ADVOCATES
PART – VI CHAPTER - II, Standards of Professional Conduct and Etiquette (Rules under Section 49 (1) (c) of the Act read with the Proviso thereto) Section I - Duty to the Court, clause 9. An Advocate should not act or plead in any matter in which he is himself pecuniarily interested. Illustration: I. He should not act in a bankruptcy petition when he himself is also a creditor of the bankrupt. II. He should not accept a brief from a company of which he is a Director.
Section VII- Section on other Employments, Clause - 48. An advocate may be a 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.
The above rule is applicable to the society/trust also. So, in view of the above provisions of governing law, if an Advocate receives any Income or Remuneration from a Trust/Society, he/she should not continue him self in the Bar Council. But, if it is a Honorary Post then he could continue his/her Practice. The advocate can discharge the functioning of a trustee of a Trust formed for social purposes and not for material or financial gain.
Your query may be addressed by referring to the Bar Council of India Rules as under -
RULES GOVERNING ADVOCATES
PART – VI CHAPTER - II, Standards of Professional Conduct and Etiquette (Rules under Section 49 (1) (c) of the Act read with the Proviso thereto) Section I - Duty to the Court, clause 9. An Advocate should not act or plead in any matter in which he is himself pecuniarily interested. Illustration: I. He should not act in a bankruptcy petition when he himself is also a creditor of the bankrupt. II. He should not accept a brief from a company of which he is a Director.
Section VII- Section on other Employments, Clause - 48. An advocate may be a 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.
The above rule is applicable to the society/trust also. So, in view of the above provisions of governing law, if an Advocate receives any Income or Remuneration from a Trust/Society, he/she should not continue him self in the Bar Council. But, if it is a Honorary Post then he could continue his/her Practice. The advocate can discharge the functioning of a trustee of a Trust formed for social purposes and not for material or financial gain.
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